Unknown. Interim rule with request for comments

3,336 words·~15 min read·/register/2000/03/31/00-7963

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--- schema: federal-register doc_type: fedreg source_file: FR-2000-03-31.xml --- 65 63 Friday, March 31, 2000 Contents African African Development Foundation NOTICES Meetings; Sunshine Act, 00-8085 Agricultural Agricultural Research Service NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Azure Waves Seafood, Inc., 00-7943 Agriculture Agriculture Department See Agricultural Research Service See Farm Service Agency See Food Safety and Inspection Service See Natural Resources Conservation Service See Rural Business-Cooperative Service See Rural Housing Service See Rural Utilities Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 00-8006 Privacy Act: Systems of records, 00-8005 Architectural Architectural and Transportation Barriers Compliance Board PROPOSED RULES Electronic and information technology accessibility standards, 00-7719 Army Army Department NOTICES Agency information collection activities: Proposed collection; comment request; correction, C06999 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Coast Guard Coast Guard PROPOSED RULES Pollution:

Hazardous substances; marine transportation-related facility response plans, 00-7638 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 00-8003 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 00-7990, 00-7991 Defense Defense Department See Army Department Employment Employment and Training Administration NOTICES Adjustment assistance:

Cadillac Curtain Corp., 00-7979 Georgia Pacific et al., 00-7983 Key Manufacturing Co., 00-7980 Adjustment assistance and NAFTA transitional adjustment assistance: Kellogg Co., 00-7982 Simonds Industries et al., 00-7981 Grants and cooperative agreements; availability, etc.: Job Training Partnership Act— Skills Shortages, Partnership Training/System Building Demonstration Program, 00-8015 NAFTA transitional adjustment assistance: Cadillac Curtain Corp., 00-7984 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 00-7724 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:

Missouri, 00-7881 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Glufosinate ammonium, 00-8000 Water programs: Water quality planning and management; listing requirements, 00-7986 PROPOSED RULES Air quality implementation plans; approval and promulgation; various States: California, 00-7993, 00-7999 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Fenthion, etc., 00-8001 Water pollution control: Ocean dumping; site designations— Coos Bay, OR, 00-7734 NOTICES Agency information collection activities:

Proposed collection; comment request, 00-7996 Submission for OMB review; comment request, 00-7994 Air pollutants, hazardous; national emission standards: Maximum achievable control technology standards— Indiana, 00-7998 Air pollution control: Clean Air Act grants— Nevada, 00-7997 Environmental statements; availability, etc.: Agency statements— Comment availability, 00-8023 Weekly receipts, 00-8022 Reports and guidance documents; availability, etc.: Food Quality Protection Act; science policy issues— Non-detected/non-quantified pesticide residues; value assignments, 00-7889 Executive Executive Office of the President See Trade Representative, Office of United States Farm Farm Service Agency PROPOSED RULES Program regulations:

Loans to Indian Tribes and tribal corporations, 00-8004 FAA Federal Aviation Administration RULES Class E airspace, 00-7959 PROPOSED RULES Airworthiness directives: Bombardier, 00-8019, 00-8020 FCC Federal Communications Commission RULES Radio stations; table of assignments: Arkansas, 00-7827 Kansas, 00-7824 Louisiana, 00-7826 PROPOSED RULES Frequency allocations and radio treaty matters: Software defined radios; inquiry, 00-7967 Radio stations; table of assignments: Louisiana, 00-7828 NOTICES Common carrier services:

Wireless telecommunications services— 800 MHz specialized mobile service licenses auction; 851-854 MHz band; reserve prices or minimum opening bids, etc., 00-7968 800 MHz specialized mobile service licenses auction; lower 80 channels; reserve prices or minimum opening bids, etc., 00-7969 Federal Energy Federal Energy Regulatory Commission RULES Electric utilities (Federal Power Act): Open access same-time information system (OASIS) and standards of conduct— Uniform business practices, 00-6930 NOTICES *Applications, hearings, determinations, etc.:* CNG Transmission Corp., 00-7941 Texas Gas Transmission Corp., 00-7940 Federal Highway Federal Highway Administration NOTICES Meetings:

Intelligent Transportation Society of America, 00-7957, 00-7958 Federal Labor Federal Labor Relations Authority NOTICES Amici curiae briefs in negotiability proceeding pending before FLRA; opportunity to submit Withdrawn, 00-7954 Federal Reserve Federal Reserve System RULES Truth in lending (Regulation Z): Short-term cash advances (payday loans), 00-7714 NOTICES Meetings; Sunshine Act, 00-8086 FTC Federal Trade Commission NOTICES Premerger notification waiting periods; early terminations, 00-7971 Food Food and Drug Administration RULES Administrative practice and procedure:

New animal drug applications; designated journals list; removals; effective date, 00-7936 Food additives: Polymers— Ethylene-vinyl acetate-vinyl alcohol copolymers, 00-8037 Medical devices: Cigarettes and smokeless tobacco products; restriction of sale and distribution to protect children and adolescents; revocation, 00-7960 Information processing procedures; obtaining, submitting, executing, and filing of forms; change of addresses, 00-8038 Reclassification of 28 preamendments class III devices into class II, 00-7779 NOTICES Agency information collection activities:

Proposed collection; comment request, 00-7932, 00-7934 Submission for OMB review; comment request, 00-7933 Medical devices: Premarket approval applications, list; safety and effectiveness summaries availability, 00-7935 Food Food Safety and Inspection Service RULES Meat and poultry inspection: Sodium diacetate, sodium acetate, sodium lactate and potassium lactate; use as food additives Effective date, 00-8007 Health Health and Human Services Department See Food and Drug Administration See Health Resources and Services Administration Health Health Resources and Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

Health insurance coverage; State planning grants, 00-8039 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 00-7947 Submission for OMB review; comment request, 00-8031, 00-8033, 00-8034, 00-8035 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 00-7657 Immigration Immigration and Naturalization Service RULES Nationality:

Naturalization grants; revocation, 00-7963 NOTICES Agency information collection activities: Proposed collection; comment request, 00-7961, 00-7962 Indian Indian Affairs Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 00-8042 Indian tribes, acknowledgment of existence determinations, etc.: Eastern Pequot Indians of Connecticut, 00-8041 Paucatuck Eastern Pequot Indians of Connecticut, 00-8040 Interior Interior Department See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service RULES Excise taxes:

Kerosene, aviation fuel, heavy trucks and trailers, and highway vehicle use taxes; taxable fuel measurement and reporting, 00-7351 Income taxes: Retirement plans; new technologies; electronic transmission of notices and consents Correction, 00-5243 PROPOSED RULES Excise taxes: Diesel fuel dye injection systems; partially withdrawn, 00-7352 International International Trade Administration NOTICES Antidumping: Circular welded non-alloy steel pipe from— Mexico, 00-8013 Collated roofing nails from— Taiwan, 00-8014 Preserved mushrooms from— China, 00-8012 International International Trade Commission NOTICES Import investigations:

Pipe and tube from— Various countries, 00-8029 Welded stainless steel pipe from— Korea and Taiwan, 00-8028 Justice Justice Department See Immigration and Naturalization Service See National Institute of Corrections Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Occupational Safety and Health Administration NOTICES Meetings: North American Agreement on Labor Cooperation National Advisory Committee, 00-7985 Land Land Management Bureau NOTICES Coal leases, exploration licenses, etc.:

Montana, 00-7953 Recreation management restrictions, etc.: Wonder Valley, CA; recreational shooting restriction; supplemental rule, 00-8017 National Highway National Highway Traffic Safety Administration RULES Anthropomorphic test devices: Occupant crash protection— 12-month-old infant crash test dummy, 00-7955 Motor vehicle safety standards: Occupant crash protection— Offset deformable barrier, 00-8009 NOTICES Motor vehicle theft prevention standards; exemption petitions, etc.:

General Motors Corp., 00-7956 National Institute National Institute of Corrections NOTICES Grants and cooperative agreements; availability, etc.: Comprehensive Objective Prison Classification Systems Development, 00-7946 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Groundfish, 00-7989 Pollock, 00-7988 National Park National Park Service NOTICES Native American human remains and associated funerary objects:

Bernice Pauahi Bishop Museum, Honolulu, HI— Tobacco pipe, etc., from Oahu, HI, 00-7848 NRCS Natural Resources Conservation Service NOTICES Field office technical guides; changes: Texas, 00-8027 Nuclear Nuclear Regulatory Commission NOTICES Decommissioning plans; sites: Aberdeen Proving Ground, MD; U.S. Army Research Laboratory; Depleted Uranium Study Area, Transonic Range, 00-7965 Picatinny Arsenal, NJ; U.S. Army Tank-Automotive and Armaments Command; Building 611B, 00-7964 *Applications, hearings, determinations, etc.:* Quivira Mining Co., 00-7966 Occupational Occupational Safety and Health Administration NOTICES Grants and cooperative agreements; availability, etc.:

Susan Harwood Training Grant Program, 00-8021 Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office PROPOSED RULES Patent cases: Twenty-year patent term; patent term adjustment; implementation, 00-7938 Public Public Health Service See Food and Drug Administration See Health Resources and Services Administration Reclamation Reclamation Bureau NOTICES Meetings: CALFED Bay-Delta Ecosystem Restoration Program; pre-submittal workshop, 00-7948 Research Research and Special Programs Administration NOTICES Hazardous materials transportation:

Preemption determinations— American Trucking Associations, Inc., 00-7992 Rural Rural Business-Cooperative Service PROPOSED RULES Program regulations: Loans to Indian Tribes and tribal corporations, 00-8004 NOTICES Agency information collection activities: Proposed collection; comment request, 00-7952 Rural Rural Housing Service PROPOSED RULES Program regulations: Loans to Indian Tribes and tribal corporations, 00-8004 RUS Rural Utilities Service PROPOSED RULES Program regulations:

Loans to Indian Tribes and tribal corporations, 00-8004 SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes: Cincinnati Stock Exchange, Inc., 00-7976 New York Stock Exchange, Inc., 00-7974, 00-7975 Options Clearing Corp., 00-7978 Pacific Exchange, Inc., 00-7977 SBA Small Business Administration RULES Business loans: Liquidation of collateral and sale of disaster assistance loans, 00-7944 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 00-7945 Disaster loan areas: Alabama, 00-8025 Georgia, 00-8026 Louisiana, 00-8024 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: North Dakota, 00-8011 Oklahoma, 00-8010 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Burlington Northern & Santa Fe Railway Co., 00-7917 Union Pacific Railroad Co., 00-8016 TVA Tennessee Valley Authority NOTICES Agency information collection activities:

Proposed collection; comment request, 00-7909 Trade Trade Representative, Office of United States NOTICES World Trade Organization: Trade Agreements Act; government procurement thresholds, 00-7937 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities:

Proposed collection; comment request, 00-8036 Separate Parts In This Issue Part II Architectural and Transportation Barriers Compliance Board, 00-7719 Part III Federal Energy Regulatory Commission, 00-6930 Part IV Department of Transportation, Coast Guard, 00-7638 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 63 Friday, March 31, 2000 Rules and Regulations DEPARTMENT OF JUSTICE Immigration and Naturalization Service 8 CFR Part 340 [INS No. 1858-97] RIN 1115-AF63 Revoking Grants of Naturalization AGENCY:

Immigration and Naturalization Service, Justice. ACTION: Interim rule with request for comments. SUMMARY: This rule amends the Immigration and Naturalization Service (Service) regulations relating to administrative revocation of naturalization by changing the burden of proof the Service must satisfy in order to administratively revoke a grant of naturalization and clarifying the 180-day period for the rendering of the district director's decision. This rule clarifies these issues in the final rule that was published in the **Federal Register** on October 28, 1996, at 61 FR 55550.

DATES: *Effective date:* This rule is effective March 31, 2000. *Comment date:* Written comments must be submitted on or before May 30, 2000. ADDRESSES: Please submit written comments, in triplicate, to the Director, Policy Directives and Instructions Branch, Immigration and Naturalization Service, 425 I Street NW, Room 5307, Washington, DC 20536. To ensure proper handling, please reference INS No. 1858-97 on your correspondence. Comments are available for public inspection at the above address by calling

(202)514-3048 to arrange for an appointment. FOR FURTHER INFORMATION CONTACT: Janice B. Podolny, Office of the General Counsel, Immigration and Naturalization Service, 425 I Street, NW, Room 6100, Washington, DC 20536, telephone

(202)514-2895. SUPPLEMENTARY INFORMATION: Section 310(a) of the Immigration and Nationality Act (the Act), 8 U.S.C. 1421(a), gives the Attorney General the sole authority to grant a person naturalization as a United States citizen. As a concomitant to the authority under section 310(a), section 340(h) of the Act, 8 U.S.C. 1451(h), preserves the Attorney General's authority to “correct, reopen, alter, modify, or vacate an order naturalizing [a] person” as a United States citizen. On October 28, 1996, the Service published a final rule in the **Federal Register** at 61 FR 55550 promulgating regulations at 8 CFR 340.1, to provide a regulatory procedure for exercising this authority. The Service's final rule provided that the Service could reopen a naturalization proceeding and revoke naturalization if the Service obtained “credible and probative evidence” that the individual's naturalization was subject to revocation. The regulation provided that after this initial showing by the Service, the burden of proof shifted to the individual whose naturalization was subject to revocation to establish that he or she was, in fact, eligible for naturalization. The Service, however, determined that it would adhere to the higher standard of proof applicable in judicial denaturalization proceedings, rather than the credible and probative standard. Accordingly, the Service has only initiated revocation proceedings where it has obtained clear, unequivocal, and convincing evidence and has revoked naturalization only in cases where the Service is able to sustain this burden throughout the administrative proceeding. Consistent with this approach, the Service has made every effort, including review of all proposed revocation cases at the Headquarters level, to ensure that revocation of naturalization be pursued only if the evidence meets this higher standard. This interim rule changes the applicable burden of proof to conform with Service practice. This interim rule provides that the Service will only initiate revocation proceedings based on clear unequivocal, and convincing evidence with the burden of proof remaining with the Service throughout the administrative process. If it comes to the attention of the Service that in any case that became final before March 31, 2000, the Service relied on the lower standard of proof, the Service will, on its own motion, reconsider the decision under the clear, unequivocal, and convincing standard of proof. In addition, this interim rule clarifies that the expiration of the 180-day period for the district director's decision does not preclude the district director from making a final decision on the merits. Consequently, this interim rule indicates that the Service should, where practicable, render a decision within 180 days of service of the notice of intent to reopen naturalization proceedings and to revoke naturalization. This ensures that the Service is able to carefully review all of the evidence in every administrative revocation case and render a correct decision without overly rigid and artificial time restrictions. Since this naturalized citizen continues to enjoy the rights of citizenship until the decision to reopen and revoke naturalization becomes administratively final, this amendment does not adversely affect the rights of the naturalized citizen. Notice and Comment Since this regulation simply restates the higher burden of proof that the Service has been applying in administrative revocation proceedings, this rule is a general statement of policy. The change to the 180-day period to render a decision is an interpretative rule of agency practice and procedure. The Service, therefore, has authority under 5 U.S.C. 553 to adopt this rule without prior notice and comment. The Commissioner, nevertheless, considers it appropriate to seek public comments on this rule, and has established a 60-day comment period. Despite the comment period, this rule is an interim rule that will enter into force upon publication in the **Federal Register** . Because the current 8 CFR 340.1 places the burden of proof on the naturalized citizen, naturalized citizens may, in good faith, misunderstand the evidentiary standards and procedural requirements that the Service must satisfy in order to reopen and revoke a grant of naturalization. The Service has already ensured that each notice of intent to reopen naturalization proceedings and to revoke naturalization states the burden of proof as clear, unequivocal, and convincing evidence. By clarifying the burden of proof that the Service has been adhering to in practice, this interim rule provides full protection of the naturalization citizen's rights. For this reason, the Commissioner finds that it would be contrary to the public interest for the Service to observe the 30-day delay that must ordinarily apply before a new regulation may enter into force. The Commissioner, therefore, also finds that good cause exists for making this rule effective upon publication in the **Federal Register** . Regulatory Flexibility Act The Commissioner of the Immigration and Naturalization Service, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and, by approving it, certifies that the rule will not have a significant economic impact on a substantial number of small entities. This rule proposes a procedure for the Service to revoke grants of naturalization. The affected parties are not small entities, and the impact of the regulation is not an economic one. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure, in the aggregate, of $100 million of more in any 1 year, by State, local, and tribal government, or by the private sector, and the rule will not significantly or uniquely affect small government. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in cost or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Executive Order 12866 This rule is considered by the Office of Management and Budget to be a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review. Accordingly, the Service has submitted this regulation to the Office of Management and Budget for review. Executive Order 13132 This regulation will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. Executive Order 12988 Civil Justice Reform This rule meets the applicable standards provided in sections 3(a) and 3(b)(2) of Executive Order 12988. List of Subjects in 8 CFR Part 340 Citizenship and naturalization, Law enforcement. Accordingly, part 340 of chapter I of title 8 of the Code of Federal Regulations is amended as follows: 1. The authority citation for part 340 continues to read as follows: Authority: 8 U.S.C. 1103, 1443. 2. Section 340.1 is amended by: a. Revising paragraph

(a)introductory text; b. Revising paragraph (b)(6); and by c. Revising paragraph (d)(1), to read as follows: § 340.1 Reopening of a naturalization application by a district director pursuant to section 340(h) of the Act.

(a)*Reopening general.* On its own motion, the Service may reopen a naturalization proceeding and revoke naturalization in accordance with this section, if the Service obtains clear, convincing, and unequivocal evidence which:

(b)* * *

(6)*Burden of proof.* Upon service of a notice of intent to reopen naturalization proceedings and to revoke naturalization, the Service bears the burden of proof by clear, convincing, and unequivocal evidence that the grounds for reopening and revoking set forth in the notice have been met.

(d)* * *

(1)The district director shall render, where practicable, a written decision on the reopened naturalization application within 180 days of service of the notice of intent to reopen naturalization proceedings and to revoke naturalization. The decision shall consist of findings of fact, conclusions of law, and a final determination on the naturalization application. Notice of decision shall be served on the applicant or his or her attorney or representative, if applicable. Dated: March 24, 2000. Doris Meissner, Commissioner, Immigration and Naturalization Service. [FR Doc. 00-7963 Filed 3-30-00; 8:45 am]

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