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DHS Proposed Rules on Hardship Waivers

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                                                Proposed Rules                                                                                                 Federal Register
                                                                                                                                                               Vol. 77, No. 5

                                                                                                                                                               Monday, January 9, 2012



                                                This section of the FEDERAL REGISTER                    2099, telephone (202) 272–1470 (this is                processes, aliens who are immediate
                                                contains notices to the public of the proposed          not a toll free number).                               relatives of U.S. citizens applying for
                                                issuance of rules and regulations. The                  SUPPLEMENTARY INFORMATION:                             immigrant visas at Department of State
                                                purpose of these notices is to give interested                                                                 consular posts must apply for waivers of
                                                persons an opportunity to participate in the            I. Background                                          unlawful presence while outside the
                                                rule making prior to the adoption of the final
                                                rules.                                                  A. Overview                                            United States after a finding of
                                                                                                           The proposed process is intended to                 inadmissibility is made by a Department
                                                                                                        reduce the time that U.S. citizens are                 of State consular officer in conjunction
                                                DEPARTMENT OF HOMELAND                                  separated from immediate relatives who                 with their immigrant visa applications.
                                                SECURITY                                                are required to remain outside the                     As a result, U.S. citizen petitioners are
                                                                                                        United States for immigrant visa                       often separated for long periods of time
                                                8 CFR Part 212                                          application processing and during the                  from their immediate relatives who are
                                                                                                        adjudication of waivers of                             applying for immigrant visas and have
                                                RIN 1615–ZB10
                                                                                                        inadmissibility. Through this change,                  accrued a certain period of unlawful
                                                Provisional Waivers of Inadmissibility                  USCIS does not intend to modify the                    presence in the United States. This
                                                for Certain Immediate Relatives of U.S.                 standard for assessing eligibility for                 revised process, which eliminates the
                                                Citizens                                                these waivers, including whether the                   time-consuming interchange between
                                                                                                        denial of the waiver would result in                   the Department of State and USCIS,
                                                AGENCY: U.S. Citizenship and                            extreme hardship to a U.S. citizen                     would significantly reduce the amount
                                                Immigration Services, Department of                     spouse or parent (‘‘qualifying relative’’).            of time that American families will be
                                                Homeland Security.                                      For purposes of the waiver under                       separated from their immediate
                                                ACTION: Notice of intent.                               section 212(a)(9)(B)(v) of the Act, a                  relatives. USCIS also believes that
                                                                                                        ‘‘qualifying relative’’ is a U.S. citizen              efficiencies can be gained through this
                                                SUMMARY:    U.S. Citizenship and                        spouse or parent or a lawful permanent                 revised process for both the U.S.
                                                Immigration Services (USCIS) intends to                 resident spouse or parent who would                    Government and most applicants.
                                                change its current process for filing and               suffer extreme hardship if their relative                 USCIS intends to limit consideration
                                                adjudication of certain applications for                were not allowed to immigrate. For                     for the provisional waiver to aliens who
                                                waivers of inadmissibility filed in                     purposes of this provisional waiver                    qualify for classification as immediate
                                                connection with an immediate relative                   program, DHS intends to limit who may                  relatives of U.S. citizens, who have a
                                                immigrant visa application. Specifically,               participate in this program to immediate               U.S. citizen spouse or parent who
                                                USCIS is considering regulatory changes                 relatives who can demonstrate extreme                  would suffer extreme hardship if the
                                                that will allow certain immediate                       hardship to a U.S. citizen spouse or                   waiver were denied, and for whom the
                                                relatives of U.S. citizens to request                   parent. Even if they obtain a provisional              sole basis for inadmissibility is unlawful
                                                provisional waivers under section                       waiver, eligible aliens who are required               presence in the United States of more
                                                212(a)(9)(B)(v) of the Immigration and                  to obtain a visa through consular                      than 180 days. USCIS would grant a
                                                Nationality Act of 1952, as amended                     processing would still be required to                  provisional waiver if the alien meets the
                                                (INA or Act), 8 U.S.C. 1182(a)(9)(B)(v),                depart from the United States to apply                 eligibility requirements described in
                                                prior to departing the United States for                for an immigrant visa. The purpose of                  this Notice, including demonstrating
                                                consular processing of their immigrant                  the new process is to reduce the time                  that the applicant’s qualifying U.S.
                                                visa applications. An alien would be                    that U.S. families remain separated                    citizen spouse or parent would suffer
                                                able to obtain such a waiver only if a                  while their relative proceeds through                  extreme hardship and that the applicant
                                                Petition for Alien Relative, Form I–130,                the immigrant visa process.                            warrants a favorable exercise of
                                                is filed by a U.S. citizen on his or her                   Certain grounds of inadmissibility can              discretion. The provisional waiver
                                                behalf and that petition has been                       bar aliens from being admitted to the                  would be granted before the alien leaves
                                                approved, thereby classifying the alien                 United States or obtaining an immigrant                the United States to attend his or her
                                                as an ‘‘immediate relative’’ for purposes               visa, preventing U.S. citizens from                    immigrant visa interview with a
                                                of the immigration laws, and he or she                  reuniting with their immediate relatives.              consular officer. The provisional waiver,
                                                demonstrates that the denial of the                     However, the Secretary of Homeland                     however, would not become effective
                                                waiver would result in extreme                          Security, through USCIS, may waive                     unless and until the alien departs from
                                                hardship to the alien’s U.S. citizen                    some of those grounds. An alien who is                 the United States. If the alien is
                                                spouse or parent ‘‘qualifying relative.’’               subject to one or more grounds of                      otherwise eligible for the immigrant
                                                The qualifying relative for purposes of                 inadmissibility must obtain a waiver, if               visa, the consular officer may then
                                                the waiver is not necessarily the                       available, from USCIS before he or she                 approve the issuance of the visa so that
                                                immediate relative who filed the                        may be issued an immigrant visa by a                   the alien may proceed to immigrate to
                                                immigrant visa petition on the alien
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                                                                                                        Department of State consular officer at                the United States for permanent
                                                relative’s behalf.                                      a U.S. embassy or consulate overseas.                  residence.
                                                FOR FURTHER INFORMATION CONTACT:                           The bars to admission under section                    This notice of intent generally
                                                Roselyn Brown-Frei, Office of Policy                    212(a)(9)(B)(i)(I) and (II) of the INA, 8              describes the proposal that USCIS is
                                                and Strategy, U.S. Citizenship and                      U.S.C. 1182(a)(9)(B)(i)(I) and (II), based             considering. USCIS will further
                                                Immigration Services, Department of                     on accrual of unlawful presence in the                 develop, and ultimately finalize, this
                                                Homeland Security, 20 Massachusetts                     United States, comprise one such                       proposal through the rulemaking
                                                Avenue NW., Washington, DC 20529–                       ground. Typically, under current                       process. This effort is consistent with


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                                                                         Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Proposed Rules                                             1041

                                                Executive Order 13563’s call for                        the Act, 8 U.S.C. 1182(a)(9)(B)(i). Under              must establish that he or she merits a
                                                agencies to ‘‘consider how best to                      part (I) of this provision, an alien who               favorable exercise of discretion.
                                                promote retrospective analysis of rules                 was unlawfully present in the United
                                                that may be outmoded, ineffective,                      States for more than 180 days but less                 D. Current Process and Problems
                                                insufficient, or excessively burdensome,                than one year, and who then departs                       An alien who must apply for
                                                and to modify, streamline, expand, or                   voluntarily from the United States                     permanent residence through consular
                                                repeal them in accordance with what                     before the commencement of removal
                                                                                                                                                               immigrant visa processing outside the
                                                has been learned.’’ Do not send an                      proceedings, will be inadmissible for
                                                                                                                                                               United States must appear for an
                                                application requesting a provisional                    three years from the date of departure.
                                                waiver under the procedures under                       Under part (II) of the same provision, an              interview with a Department of State
                                                consideration in this notice. Any                       alien who was unlawfully present for                   consular officer abroad. Currently, if the
                                                application requesting this new process                 one year or more and then departs                      consular officer determines that the
                                                will be rejected, and the application                   before, during, or after removal                       alien is subject to the three- or ten-year
                                                package returned to the applicant,                      proceedings, will be inadmissible for                  bar, the consular officer advises the
                                                including any fees, until a final rule is               ten years from the date of the departure.              alien that he or she is eligible to apply
                                                issued and the change becomes                              The three- and ten-year unlawful                    for a section 212(a)(9)(B)(v) waiver by
                                                effective.                                              presence bars do not take effect unless                filing a Form I–601, Application for
                                                                                                        and until an alien departs from the                    Waiver of Grounds of Inadmissibility,
                                                B. Authority                                            United States. By statute, aliens are not              with USCIS. Under current rules, an
                                                  The Homeland Security Act of 2002,                    considered to be accruing unlawful                     individual is not permitted to apply for
                                                Public Law 107–296, section 102, 116                    presence for purposes of section                       the section 212(a)(9)(B)(v) waiver before
                                                Stat. 2135, 6 U.S.C. 112, and section 103               212(a)(9)(B)(i) if they fall into certain              the consular officer has made the
                                                of the INA, 8 U.S.C. 1103, charge the                   categories. For example, aliens do not                 inadmissibility determination.
                                                Secretary of Homeland Security with                     accrue unlawful presence while they are
                                                administration and enforcement of the                   under 18 years of age. See INA section                    Once the Form I–601 is filed, in most
                                                immigration and naturalization laws.                    212(a)(9)(B)(iii)(I), 8 U.S.C.                         cases, the file is transferred from the
                                                The Secretary would effectuate these                    1182(a)(9)(B)(i)(iii)(I). Similarly,                   Department of State to USCIS. USCIS
                                                proposed changes under the broad                        individuals with pending asylum claims                 adjudicates that waiver request while
                                                authority to administer the Department                  generally are not considered to be                     the alien remains outside the United
                                                of Homeland Security and the                            accruing unlawful presence while their                 States and awaits a decision. If USCIS
                                                authorities provided under the                          applications are pending. See INA                      approves the waiver, USCIS notifies the
                                                Homeland Security Act of 2002, the                      section 212(a)(9)(B)(iii)(II), 8 U.S.C.                Department of State, and the
                                                immigration and nationality laws, and                   1182(a)(9)(B)(i)(iii)(II). Battered women              Department of State may then issue the
                                                other delegated authority.                              and children and victims of a severe                   immigrant visa if the applicant is
                                                                                                        form of trafficking in persons are not                 otherwise eligible. If the waiver is
                                                C. Grounds of Inadmissibility
                                                                                                        subject to the section 212(a)(9)(B)(i)                 denied, the alien may appeal the
                                                   U.S. immigration laws provide                        ground of inadmissibility at all if they               decision to the USCIS Administrative
                                                mechanisms for U.S. citizens to petition                demonstrate that there was a substantial               Appeals Office and, if the denial is
                                                for certain family members for                          connection between their victimization                 upheld, the alien must remain outside
                                                admission to the United States for                      and their unlawful presence. See INA
                                                purposes of family reunification. At the                                                                       the United States for three or ten years
                                                                                                        212(a)(9)(B)(iii)(IV)–(V), 8 U.S.C.
                                                same time, however, the immigration                                                                            before being able to reapply for an
                                                                                                        1182(a)(9)(B)(i)(iii)(IV)–(V). Aliens who
                                                laws prescribe acts, conditions, and                                                                           immigrant visa. However, a denial does
                                                                                                        are subject to the unlawful presence
                                                conduct that bar aliens, including                      bars must apply for and be granted a                   not preclude the alien from filing
                                                immediate relatives of U.S. citizens,                   waiver in order to receive an immigrant                another Form I–601 in the future.
                                                from being admitted to the United States                visa and be admitted to the United                        The three- and ten-year unlawful
                                                or obtaining an immigrant visa. Such                    States.                                                presence bars under section
                                                acts, conditions, and conduct include                      The Secretary of Homeland Security                  212(a)(9)(B)(i)(I) and (II) of the Act do
                                                certain criminal offenses, public health                has the discretion to waive the three-                 not apply unless and until the applicant
                                                concerns, fraud, misrepresentation,                     and ten-year unlawful presence bars if                 departs from the United States. At the
                                                failure to possess proper documents,                    the alien is seeking admission as an                   same time, many aliens who would
                                                accrual of more than 180 days of                        immigrant and if the alien demonstrates                trigger these bars if they depart from the
                                                unlawful presence in the United States,                 that the denial of his or her admission                United States are, for other reasons,
                                                and terrorism. The grounds of                           to the United States would cause                       statutorily ineligible to apply for
                                                inadmissibility are set forth in section                ‘‘extreme hardship’’ to the alien’s
                                                                                                                                                               adjustment of status to lawful
                                                212(a) of the INA, 8 U.S.C. 1182(a).                    qualifying relative. See INA section
                                                   The Secretary of Homeland Security                                                                          permanent residence while remaining in
                                                                                                        212(a)(9)(B)(v), 8 U.S.C. 1182(a)(9)(B)(v).
                                                has the discretion to waive certain                     The qualifying relative for purposes of                the United States. Consequently, they
                                                inadmissibility grounds, upon the filing                the waiver is not necessarily the relative             must depart to regularize their
                                                of a request by an alien who meets the                  who filed the immigrant visa petition on               immigration status by applying for their
                                                relevant statutory requirements. If the                 the alien relative’s behalf. For example,              immigrant visas at a U.S. embassy or
                                                                                                                                                               consulate abroad. The action required to
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                                                Secretary, through USCIS, grants such a                 an alien applicant’s U.S. citizen spouse
                                                waiver, the waived ground will no                       may have filed the immigrant visa                      regularize the status of an alien,
                                                longer bar the alien’s admission,                       petition on the applicant’s behalf, but                departure from the United States,
                                                readmission, or immigrant visa                          the applicant’s unlawful presence                      therefore is the very action that triggers
                                                eligibility based on that specific ground               waiver application may be based on                     the section 212(a)(9)(B)(i)
                                                of inadmissibility.                                     extreme hardship to the applicant’s U.S.               inadmissibility that bars that alien from
                                                   One of the inadmissibility grounds is                citizen parent. Because the granting of a              obtaining the immigrant visa.
                                                described in section 212(a)(9)(B)(i) of                 waiver is discretionary, the alien also


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                                                1042                     Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Proposed Rules

                                                II. Proposed Waiver Process                             immediately available, and the visa thus                  If the application is approved, USCIS
                                                                                                        can be processed immediately upon                      would notify the Department of State
                                                A. Proposed Process
                                                                                                        approval.                                              and the alien of the provisional
                                                   The proposed change would create a                                                                          approval. In all instances, a Department
                                                more streamlined and efficient process                  C. Ground of Inadmissibility Considered
                                                                                                                                                               of State consular officer would make the
                                                for waiver applicants whose sole                        for Provisional Waiver
                                                                                                                                                               formal inadmissibility finding during or
                                                inadmissibility ground is unlawful                         USCIS intends to further limit this                 following the immigrant visa interview
                                                presence, while simultaneously                          procedural change to waivers filed by                  abroad, and if no other grounds of
                                                minimizing family separation. If the                    immediate relatives of U.S. citizens                   inadmissibility arise, the provisional
                                                waiver determination, with respect to                   whose only ground of inadmissibility is                waiver under section 212(a)(9)(B)(v) of
                                                unlawful presence, were made in                         the three- or ten-year unlawful presence               the Act granted by USCIS would
                                                advance of the immigrant visa interview                 bar under section 212(a)(9)(B)(i)(I) or (II)           facilitate immigrant visa issuance. If,
                                                and the applicant otherwise were                        of the Act, 8 U.S.C. 1182(a)(9)(B)(i)(I) or            however, the consular officer finds
                                                eligible for the immigrant visa, the                    (II). Aliens who require waivers for one               during adjudication of the immigrant
                                                consular officer could simply issue the                 or more additional grounds of                          visa application that the individual is
                                                immigrant visa at the time of the visa                  inadmissibility, such as fraud or willful              subject to another ground of
                                                interview. The new process thus will                    misrepresentation (section 212(i)                      inadmissibility that can be waived, the
                                                reduce the movement of the case back                    waiver) or certain criminal offenses                   alien would need to file another waiver
                                                and forth between the Department of                     (section 212(h) waiver), in conjunction                application with USCIS.
                                                State and USCIS, which significantly                    with their immigrant visa applications                    This process would not alter the
                                                prolongs the overall process and                        must continue to file a Form I–601                     requirement that an alien depart from
                                                increases the time that U.S. citizens are               while outside of the United States in                  the United States to apply for an
                                                separated from their immediate family                   accordance with the existing process.                  immigrant visa. An alien who receives
                                                members. Additionally, the new process                     To qualify for the provisional waiver               a provisional waiver under section
                                                would reduce U.S. Government costs                      process, an applicant must establish not               212(a)(9)(B)(v) of the Act for the three-
                                                associated with the movement of cases,                  only that he or she is the immediate                   or ten-year bar under section
                                                and provide a more efficient visa                       relative of a U.S. citizen, but also that              212(a)(9)(B)(i)(I) or (II) of the Act would
                                                process overall.                                        denial of the waiver would result in                   not gain the benefit of such waiver
                                                                                                        extreme hardship to a qualifying                       unless he or she departs from the United
                                                B. Affected Visa Categories                             relative. The qualifying relative must be              States. The departure from the United
                                                   USCIS intends to limit this process                  a U.S. citizen spouse or parent but does               States would have to take place to
                                                change to aliens who are immediate                      not need to be the U.S. citizen                        activate the provisional waiver under
                                                relatives of U.S. citizens, as defined in               petitioner. Only extreme hardship from                 section 212(a)(9)(B)(v) of the Act.
                                                section 201(b)(2)(A)(i) of the Act, 8                   the denial of a waiver to a qualifying
                                                U.S.C. 1151(b)(2)(A)(i), who must depart                U.S. citizen relative makes an alien                   E. Excluded Visa Categories
                                                from the United States to obtain                        eligible for the provisional waiver                      Aliens who would not be eligible for
                                                immigrant visas, and whose U.S. citizen                 process; extreme hardship to the alien                 this provisional waiver adjudication
                                                spouse or parent would suffer extreme                   himself or herself as a result of denial               process and aliens who are denied
                                                hardship if the applicant were denied                   does not make the alien eligible. An                   provisional approval of their waiver
                                                admission to the United States. The                     alien whose waiver application is based                requests would continue to follow
                                                term ‘‘immediate relative’’ means the                   on extreme hardship to a lawful                        current agency processes for filing and
                                                spouse, parent or child (unmarried and                  permanent resident spouse or parent                    adjudication of waiver requests. Aliens
                                                under 21 years old) of a U.S. citizen,                  must continue to apply for the waiver                  who fall under any other family- or
                                                except that, in the case of a parent, the               from outside the United States in                      employment-based or other visa
                                                U.S. citizen son or daughter petitioning                accordance with existing procedures.                   category or whose section
                                                for an immigrant visa must be at least                  Eligible aliens, furthermore, must be the              212(a)(9)(B)(v) waiver eligibility would
                                                21 years old. Certain self-petitioners                  beneficiaries of petitions classifying                 be based on extreme hardship to a
                                                (i.e., widows/widowers of U.S. citizen                  them as immediate relatives of U.S.                    lawful permanent resident alien relative
                                                and their minor unmarried children)                     citizens, and thus have visas                          would not be considered for provisional
                                                may also be considered immediate                        immediately available. Because the                     waivers. Aliens who are subject to other
                                                relatives. See INA 201(b)(2)(A)(i), 8                   granting of a waiver is discretionary,                 grounds of inadmissibility or removal
                                                U.S.C. 1151(b)(2)(A)(i). Individuals                    eligible aliens also must establish that               also would not be considered for
                                                applying for a waiver must also                         they merit a favorable exercise of                     provisional waivers. Further, aliens
                                                establish that the grant of the                         discretion. The standard for assessing                 with waiver applications under section
                                                provisional waiver is warranted as a                    whether denial of the waiver would                     212(a)(9)(B)(v) of the Act currently
                                                matter of discretion.                                   result in extreme hardship to the U.S.                 pending in either administrative or
                                                   Because the focus on family                          citizen spouse or parent of such aliens                judicial proceedings would not qualify
                                                unification of U.S. citizens and their                  will remain unchanged.                                 for this new process.
                                                immediate relatives is consistent with
                                                Congress’ prioritization in the                         D. Adjudication and Decisions                          III. Conclusion
                                                immigration laws, USCIS has identified                    After filing the Form I–601 with                        This document outlines the key
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                                                immediate relatives of U.S. citizens as                 USCIS, DHS envisions that an alien                     elements of USCIS’s proposed change to
                                                the class of aliens to consider for this                seeking a provisional waiver would be                  its current process for filing and
                                                procedural change. In addition,                         required to undergo biometrics                         adjudication of waivers of
                                                Congress did not set an annual                          collection. USCIS would deny the                       inadmissibility for unlawful presence
                                                limitation for the number of immediate                  application for a provisional waiver if                for immediate relative of U.S. citizens.
                                                relatives of U.S. citizens admitted to the              other possible grounds of                              The focus on family unification of U.S.
                                                United States. Therefore, these relatives               inadmissibility are found or arise during              citizens and their immediate relatives is
                                                always have an immigrant visa                           adjudication.                                          consistent with Congress’s prioritization


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                                                                         Federal Register / Vol. 77, No. 5 / Monday, January 9, 2012 / Proposed Rules                                            1043

                                                in the immigration laws; the new                        acceleration, these blades may contact                 SUPPLEMENTARY INFORMATION:
                                                process will reduce the movement of the                 and damage the 3rd stage LPT (LPT3)
                                                case back and forth between the                         nozzle seal carrier, which may                         Comments Invited
                                                Department of State and USCIS, which                    subsequently fatigue and contact the                     We invite you to send any written
                                                significantly prolongs the overall                      adjacent rotor and damage the rotor.                   relevant data, views, or arguments about
                                                process and increases the time that U.S.                Also, these blades could deform the                    this proposal. Send your comments to
                                                citizens are separated from their                       blade retainers, which could lead to                   an address listed under the ADDRESSES
                                                immediate family members. The                           blade movement that may cause rotor                    section. Include ‘‘Docket No. FAA–
                                                proposed change would affect only                       damage. We are proposing this AD to                    2011–0945; Directorate Identifier 2011–
                                                when and where certain aliens can                       correct an unsafe condition caused by
                                                                                                                                                               NE–18–AD’’ at the beginning of your
                                                apply for waivers of the unlawful                       these blades installed on these engines.
                                                                                                                                                               comments. We specifically invite
                                                presence grounds of inadmissibility; it                 DATES: We must receive comments on                     comments on the overall regulatory,
                                                would not change the extreme hardship                   this proposed AD by March 9, 2012.                     economic, environmental, and energy
                                                standard for evaluating eligibility for the             ADDRESSES: You may send comments,                      aspects of this proposed AD. We will
                                                waiver nor would it change whether                      using the procedures found in 14 CFR                   consider all comments received by the
                                                aliens subject to these grounds of                      11.43 and 11.45, by any of the following               closing date and may amend this
                                                inadmissibility must depart the U.S. to                 methods:                                               proposed AD because of those
                                                apply for their immigrant visas. USCIS                     • Federal eRulemaking Portal: Go to                 comments.
                                                plans to effectuate this proposal through               http://www.regulations.gov. Follow the
                                                the regulatory process. USCIS will issue                instructions for submitting comments.                    We will post all comments we
                                                a proposed rulemaking that will explain                    • Fax: (202) 493–2251.                              receive, without change, to http://
                                                the proposal in further detail and that                    • Mail: U.S. Department of                          www.regulations.gov, including any
                                                will invite comment from all interested                 Transportation, Docket Operations,                     personal information you provide. We
                                                parties. Note: Do not send an                           M–30, West Building Ground Floor,                      will also post a report summarizing each
                                                application requesting a provisional                    Room W12–140, 1200 New Jersey                          substantive verbal contact we receive
                                                waiver under the procedures under                       Avenue SE., Washington, DC 20590.                      about this proposed AD.
                                                consideration in this notice. Any                          • Hand Delivery: Deliver to Mail
                                                                                                        address above between 9 a.m. and                       Discussion
                                                application requesting this new process
                                                will be rejected and the application                    5 p.m., Monday through Friday, except                    During a routine replacement of LPT2
                                                package returned to the applicant,                      Federal holidays.                                      rotor blades, part numbers (P/Ns)
                                                including any fees, until a final rule is                  For service information identified in
                                                                                                                                                               3075424–2 and 3075424–3, the new
                                                issued and the change becomes                           this proposed AD, contact Honeywell
                                                                                                        International Inc., 111 S. 34th Street,                LPT2 rotor blades, P/Ns 3075424–2 and
                                                effective.                                                                                                     3075424–3, were seen to have aft
                                                                                                        Phoenix, AZ 85034–2802; web site:
                                                Janet Napolitano,                                       http://portal.honeywell.com; or call                   discouragers that were approximately
                                                Secretary of Homeland Security.                         Honeywell toll free at phone: (800) 601–               0.020 inch (0.51 mm) longer than the
                                                                                                        3099 (U.S./Canada) or (602) 365–3099                   existing LPT2 rotor blades, P/Ns
                                                [FR Doc. 2012–140 Filed 1–6–12; 8:45 am]
                                                                                                        (International Direct). You may review                 3075424–2 and 3075424–3. Further
                                                BILLING CODE 9111–97–P
                                                                                                        copies of the referenced service                       investigation revealed that the aft
                                                                                                        information at the FAA, Engine &                       discouragers of the new LPT2 rotor
                                                                                                        Propeller Directorate, 12 New England                  blades, P/Ns 3075424–2 and 3075424–3,
                                                DEPARTMENT OF TRANSPORTATION                                                                                   did not meet the type design
                                                                                                        Executive Park, Burlington, MA 01803.
                                                                                                        For information on the availability of                 requirements. That investigation also
                                                Federal Aviation Administration                                                                                found that only LPT2 rotor blades P/Ns
                                                                                                        this material at the FAA, call (781) 238–
                                                                                                        7125.                                                  3075424–2 and 3075424–3,
                                                14 CFR Part 39                                                                                                 manufactured from specific machining
                                                [Docket No. FAA–2011–0945; Directorate
                                                                                                        Examining the AD Docket                                lots, are affected. P/N 3075424–2
                                                Identifier 2011–NE–18–AD]                                  You may examine the AD docket on                    suspect lots were manufactured between
                                                                                                        the Internet at http://                                March 2009 and September 2010,
                                                RIN 2120–AA64                                           www.regulations.gov; or in person at the               inclusive. P/N 3075424–3 suspect lots
                                                Airworthiness Directives; Honeywell                     Docket Management Facility between                     were manufactured between July 2010
                                                International Inc. Turbofan Engines                     9 a.m. and 5 p.m., Monday through                      and September 2010, inclusive.
                                                                                                        Friday, except Federal holidays. The AD                  During LPT rotor acceleration, these
                                                AGENCY: Federal Aviation                                docket contains this proposed AD, the                  blades may contact and damage the
                                                Administration (FAA), DOT.                              regulatory evaluation, any comments                    LPT3 nozzle seal carrier, which may
                                                ACTION: Notice of proposed rulemaking                   received, and other information. The                   subsequently fatigue and contact the
                                                (NPRM).                                                 street address for the Docket Office                   adjacent rotor and damage the rotor.
                                                                                                        (phone: (800) 647–5527) is in the                      Also, these blades could deform the
                                                SUMMARY:   We propose to adopt a new                    ADDRESSES section. Comments will be
                                                                                                                                                               blade retainers, which could lead to
                                                airworthiness directive (AD) for the                    available in the AD docket shortly after               blade movement that may cause rotor
                                                products identified above. This                         receipt.                                               damage.
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                proposed AD was prompted by a report                    FOR FURTHER INFORMATION CONTACT:
                                                of a quality escape of about 8,000 2nd                  Joseph Costa, Aerospace Engineer, Los                    We have not received any reports of
                                                stage low pressure turbine (LPT2) rotor                 Angles Aircraft Certification Office,                  engine in-flight shutdowns due to these
                                                blades, manufactured by Honeywell                       FAA, Transport Airplane Directorate,                   blades being in service.
                                                Chihuahua Manufacturing Operation                       3960 Paramount Blvd., Lakewood, CA                       These blades may damage the rotor.
                                                since 2009. This proposed AD would                      90712–4137; phone: (562) 627–5246;                     This condition, if not corrected, could
                                                require removing and inspecting certain                 fax: (562) 627–5210; email:                            result in damage to these blades
                                                LPT2 rotor blades. During LPT rotor                     joseph.costa@faa.gov.                                  installed on these engines.


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DOCUMENT INFO
Description: Proposed New Rules governing I-601 Hardship Waivers, provisional waivers,