Unknown. Interim rule with request for comments

5,688 words·~26 min read·/register/2000/07/14/00-17814

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2000-07-14.xml --- 65 136 Friday, July 14, 2000 Contents Agency Agency for Healthcare Research and Quality NOTICES Meetings: Technical Review Committee, 43766 00-17809 Agency Agency for Toxic Substances and Disease Registry NOTICES Grants and cooperative agreements; availability, etc.: Public Health Conference Support Program, 43766-43770 00-17846 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Exportation and importation of animals and animal products:

Rinderpest and foot-and-mouth disease; disease status change— Japan, 43682-43683 00-17885 Korea, 43680-43682 00-17886 NOTICES Agency information collection activities: Proposed collection; comment request, 43733-43734 00-17887 Meetings: Foreign Animal and Poultry Diseases Advisory Committee, 43734 00-17888 Army Army Department See Engineers Corps Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Grant and cooperative agreement awards:

Hispanic-Serving Health Professions Schools, Inc., 43770-43771 00-17835 National Alliance of State and Territorial AIDS Directors, 43771-43772 00-17836 Grants and cooperative agreements; availability, etc.: Public Health Conference Support Program, 43766-43770 00-17846 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 43736 00-18021 Coast Guard Coast Guard RULES Ports and waterways safety: Atlantic Ocean, Southampton, NY; safety zone, 43695-43697 00-17913 Thames River, New London, CT; safety zone, 43697-43699 00-17914 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 43734-43736 00-17891 00-17892 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Singapore; Republication, 43741 00-17161 Comptroller Comptroller of the Currency NOTICES Preemption opinion requests: Massachusetts bank insurance sales statute and regulations (Massachusetts Law), 43828-43830 00-17826 Customs Customs Service RULES Tariff-rate quotas: Sugar-containing products, 43689-43690 00-17927 Defense Defense Department See Defense Logistics Agency See Engineers Corps NOTICES Agency information collection activities: Submission for OMB review; comment request, 43741-43742 00-17849 Meetings:

National Security/21st Century, U.S. Commission, 43742 00-17850 Defense Defense Logistics Agency NOTICES Senior Executive Service: Performance Review Board; membership, 43742 00-17853 Drug Drug Enforcement Administration RULES Schedules of controlled substances: Exempt anabolic steroid products, 43690-43694 00-17915 NOTICES *Applications, hearings, determinations, etc.:* American Radiolabeled Chemical, Inc., 43786 00-17916 Cambridge Isotope Lab, 43786 00-17918 Chattem Chemicals, Inc., 43786 00-17917 Pressure Chemical Co., 43786-43787 00-17919 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Educational research and improvement— Comprehensive School Reform Research Program, 43959-43960 00-17926 Field-Initiated Studies Education Research Program, 43957-43958 00-17925 Meetings: Federal Interagency Coordinating Council, 43743 00-17820 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 43787-43788 00-17579 Energy Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental statements; notice of intent:

Base realignment and closure— Sierra Army Depot, CA; surplus property disposal, 43742-43743 00-17852 EPA Environmental Protection Agency RULES Air programs; approval and promulgation; State plans for designated facilities and pollutants: Kansas, 43702-43704 00-17872 Air quality implementation plans; approval and promulgation; various States: Alaska Failure to submit required plan for carbon monoxide, 43700-43702 00-17190 Virginia; correction, 43840 C0-9535 Pesticides; tolerances in food, animal feeds, and raw agricultural commodities:

Pyridaben, 43704-43713 00-17619 Water programs: Oil pollution prevention and response; non-transportation-related facilities Correction, 43840 C0-13976 Water quality planning and management and National Pollutant Discharge Elimination System program; total maximum daily loads Correction, 43840 C0-17831 PROPOSED RULES Air pollution, hazardous; national emission standards: Boat manufacturing facilities, 43841-43872 00-15505 Air programs; approval and promulgation; State plans for designated facilities and pollutants:

Kansas, 43730 00-17873 Air quality implementation plans; approval and promulgation; various States: Arizona, 43726-43729 00-17877 00-17878 NOTICES Environmental statements; availability, etc.: Agency statements— Comment availability, 43748-43749 00-17924 Weekly receipts, 43748 00-17923 Meetings: Pesticide Program Dialogue Committee, 43749-43750 00-17993 Pesticide applicator certifications; Federal and State plans: South Dakota, 43750 00-17879 Superfund program: Prospective purchaser agreements— Middlefield-Ellis-Whisman Site, CA, 43751 00-17874 FAA Federal Aviation Administration RULES Class E airspace, 43683-43687 00-17868 00-17870 00-17871 PROPOSED RULES Airworthiness directives:

Eurocopter France, 43720-43721 00-17839 Class D airspace, 43722-43723 00-17869 NOTICES Aviation Rulemaking Advisory Committee; task assignments, 43801-43803 00-17860 Reports and guidance documents; availability, etc.: Aviation Noise Abatement Policy; revision; comment request, 43803-43825 00-17784 FCC Federal Communications Commission RULES Radio services, special: Maritime services— Los Angeles and Long Beach, CA; 156.250 MHz frequency availability for port operations, 43713-43716 00-17665 Private land mobile radio services— 800 MHz frequency band; specialized mobile radio systems development rules; reconsideration petitions, 43716-43717 00-17848 NOTICES Agency information collection activities:

Proposed collection; comment request, 43751-43752 00-17847 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: New Mexico, 43752 00-17898 Wisconsin, 43752 00-17897 Federal Energy Federal Energy Regulatory Commission RULES Natural gas companies (Natural Gas Act) and Natural Gas Policy Act: Short-term and interstate natural gas transportation services; regulation, 43688 00-17863 NOTICES Environmental statements; availability, etc.: Guardian Pipeline, L.L.C., 43745-43746 00-17816 Environmental statements; notice of intent:

Transcontinental Gas Pipeline Co., 43746-43748 00-17817 *Applications, hearings, determinations, etc.:* Cherokee County Cogeneration Partners, L.P., 43743 00-17815 FPL Energy Cape, LLC, 43744 00-17819 Panhandle Eastern Pipe Line Co., 43744 00-17862 Upper Peninsula Power Co., 43744 00-17864 Virginia Electric & Power Co., 43744-43745 00-17818 Federal Highway Federal Highway Administration NOTICES Agency information collection activities: Proposed collection; comment request, 43825-43826 00-17867 Environmental statements; notice of intent:

Yellowstone and Carbon Counties, MT, 43826-43827 00-17840 Grants and cooperative agreements; availability, etc.: Highway-railroad grade crossing hazards elimination in designated high-speed railroad corridors program, 43827-43828 00-17757 Federal Housing Federal Housing Finance Board NOTICES Federal home loan bank system: Community support review— Members selected for review; list, 43752-43764 00-17134 Federal Railroad Federal Railroad Administration NOTICES Grants and cooperative agreements; availability, etc.:

Highway-railroad grade crossing hazards elimination in designated high-speed railroad corridors program, 43827-43828 00-17757 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies: Change in bank control, 43764 00-17822 Formations, acquisitions, and mergers, 43764 00-17824 Permissible nonbanking activities, 43764-43765 00-17823 Meetings; Sunshine Act, 43765 00-17980 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Southwestern Washington/Columbia River coastal cutthroat trout; take prohibitions clarification, 43730-43732 00-17921 NOTICES Comprehensive conservation plans; availability, etc.:

Tewaukon National Wildlife Refuge, ND, 43778-43779 00-17837 Food Food and Drug Administration RULES Medical devices: Technical amendments, 43690 00-17811 Foreign Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Pennsylvania, 43736 00-17905 Washington, 43736-43737 00-17906 Forest Forest Service NOTICES Meetings: Deschutes Provincial Interagency Executive Committee Advisory Committee, 43734 00-17907 Harry S. Truman Harry S. Truman Scholarship Foundation NOTICES Agency information collection activities:

Submission for OMB review; comment request, 43765-43766 00-17865 Health Health and Human Services Department See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Health Care Financing Administration See Health Resources and Services Administration See National Institutes of Health Health Health Care Financing Administration NOTICES Organization, functions, and authority delegations:

Chief of Operations; elimination, 43773 00-17810 Health Health Resources and Services Administration NOTICES Agency information collection activities: Proposed collection; comment request, 43773-43774 00-17812 National Vaccine Injury Compensation Program: Petitions received, 43774-43775 00-17813 Housing Housing and Urban Development Department NOTICES Agency information collection activities: Proposed collection; comment request, 43777-43778 00-17821 Grants and cooperative agreements; availability, etc.:

Facilities to assist homeless— Excess and surplus Federal property, 43778 00-17522 Immigration Immigration and Naturalization Service RULES Immigration: Aliens— Hernandez v. Reno settlement agreement; aliens eligible and ineligible for family unity benefits, 43677-43680 00-17814 Indian Indian Affairs Bureau PROPOSED RULES Tribal government: Tribal land encumbrances; contract approvals, 43951-43956 00-17562 Trust management reform: Leasing/permitting, grazing, probate and funds held in trust, 43873-43952 00-17195 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Meetings:

Invasive Species Advisory Committee, 43778 00-17861 IRS Internal Revenue Service PROPOSED RULES Income taxes: Cafeteria plans; tax treatment Hearing, 43723 00-17806 NOTICES Agency information collection activities: Proposed collection; comment request, 00-17793 43680-43683, 00-17794 43733-43738, 00-17795 00-17796 43766-43770, 00-17797 00-17798 00-17799 43830-43838 00-17800 00-17801 00-17802 00-17803 00-17804 00-17805 00-17807 International International Trade Administration NOTICES Export trade certificates of review, 43737-43739 00-17909 00-17910 International International Trade Commission NOTICES Meetings;

Sunshine Act, 43785-43786 00-17989 Justice Justice Department See Drug Enforcement Administration See Immigration and Naturalization Service Labor Labor Department See Employment Standards Administration Land Land Management Bureau NOTICES Environmental statements; availability, etc.: Powder River Resource Area, MT, 43779-43780 00-17218 Environmental statements; notice of intent: Oil-Dri Corp. Reno Clay Project, NV, 43780-43781 00-17838 Meetings: Wyoming; wild horse management; helicopters and motor vehicles use; public hearing, 43781 00-17856 Public land orders:

Wyoming, 43781-43782 00-17855 Survey plat filings: Colorado, 43782-43783 00-17857 NASA National Aeronautics and Space Administration RULES Acquisition regulations: Unclassified information technology resources; security requirements, 43717-43719 00-17881 PROPOSED RULES Acquisition regulations: Training services acquisition, 43730 00-17880 NOTICES Agency information collection activities: Proposed collection; comment request, 00-17841 43788-43790 00-17842 00-17843 00-17844 00-17845 NIH National Institutes of Health NOTICES Grants and cooperative agreements; availability, etc.:

Clinical Center— Medical magnetic imaging methods development for diagnostic or therapeutic purposes, 43776-43777 00-17827 Percutaneous soft tissues ablation; research initiatives development, 43775-43776 00-17828 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Northeastern United States fisheries— Northeast multispecies; reporting and recordkeeping requirements, 43687-43688 00-17894 NOTICES Agency information collection activities:

Submission for OMB review; comment request, 43739 00-17896 Environmental statements; availability, etc.: Point Comfort, TX; Alcoa Point Comfort/Lavaca Bay NPL Site recreational fishing service losses; damage assessment and restoration plan, 43739-43740 00-17833 Permits: Marine mammals, 43740-43741 00-17893 National Park National Park Service NOTICES Environmental statements; availability, etc.: Channel Islands National Park, CA; Anacapa Island restoration plan, 43783-43784 00-17429 National Register of Historic Places:

Pending nominations, 43784 00-17922 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Consolidated Edison Co. of New York, Inc., 43790 00-17883 GrayStar, Inc., 43790-43791 00-17882 Virginia Electric & Power Co., 43791 00-17884 Pension Pension Benefit Guaranty Corporation RULES Single employer plans: Allocation of assets— Interest assumptions for valuing benefits, 43694-43695 00-17911 NOTICES Single employer and multiemployer plans: Interest rates and assumptions, 43791-43792 00-17912 Public Public Health Service See Agency for Healthcare Research and Quality See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Animal-La Plata Project, CO and NM, 43785 00-17638 SEC Securities and Exchange Commission NOTICES *Applications, hearings, determinations, etc.:* Public utility holding company filings, 43793-43795 00-17825 SBA Small Business Administration NOTICES Disaster loan areas: Minnesota, 43796 00-17890 North Dakota, 43795-43796 00-17889 Social Social Security Administration NOTICES Agency information collection activities: Proposed collection; comment request, 43796-43797 00-17851 State State Department NOTICES Arms Export Control Act:

Export licenses; Congressional notifications, 43797-43801 00-17904 Surface Surface Mining Reclamation and Enforcement Office PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Virginia, 43723-43726 00-17899 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Railroad Administration NOTICES Aviation proceedings:

Hearings, etc.— Northwest Seaplanes, Inc., 43801 00-17866 Treasury Treasury Department See Comptroller of the Currency See Customs Service See Internal Revenue Service Veterans Veterans Affairs Department RULES Adjudication; pensions, compensation, dependency, etc,: Veterans Millennium Health Care and Benefits Act; implementation, 43699-43700 00-17901 NOTICES Agency information collection activities: Proposed collection; comment request, 43838-43839 00-17903 Submission for OMB review; comment request, 43839 00-17902 Committees; establishment, renewal, termination, etc.:

Environmental Hazards Advisory Committee, 43839 00-17900 Separate Parts In This Issue Part II Environmental Protection Agency, 43841-43872 00-15505 Part III Department of the Interior, Bureau of Indian Affairs 43873-43956 00-17195 00-17562 Part IV Department of Education, 43957-43958 00-17925 Part V Department of Education, 43959-43960 00-17926 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. 65 136 Friday, July 14, 2000 Rules and Regulations DEPARTMENT OF JUSTICE Immigration and Naturalization Service 8 CFR Parts 236, 274a and 299 [INS No. 1823-96] RIN 1115-AE72 Implementation of Hernandez v.

Reno Settlement Agreement; Certain Aliens Eligible for Family Unity Benefits After Sponsoring Family Member's Naturalization; Additional Class of Aliens Ineligible for Family Unity Benefits AGENCY: Immigration and Naturalization Service, Justice. ACTION: Interim rule with request for comments. SUMMARY: This interim rule amends the Immigration and Naturalization Service (Service) regulations to provide changes that are necessary to implement that portion of the settlement agreement in *Hernandez * v. *Reno,* C.A.

No. 9:93 CV 63 (E.D. Tex., filed Dec. 30, 1997), requiring the development and implementation of a single application form to be used in connection with the adjudication of requests for benefits under the Family Unity Program, including voluntary departure and an employment authorization document. This interim rule also clarifies the regulations to provide that certain aliens will not lose their eligibility for the Family Unity Program simply because their sponsoring family member has become a naturalized United States citizen.

In addition, this interim rule adds a class of aliens who are ineligible for Family Unity benefits. Individuals who, as juveniles, committed an act of juvenile delinquency which, if committed by an adult would be classified as a felony “crime of violence against another individual,” are ineligible for benefits under the Family Unity Program. Finally, this rule deletes as matter of agency procedure the category for Family Unity Program-based employment authorization set forth at 8 CFR 274a.12(c)(12).

The Service recognizes that this category is redundant in light of the existence of a virtually identical category set forth at 8 CFR 274a.12(a)(13). DATES: *Effective date:* This interim rule is effective July 14, 2000. *Comment date:* Written comments must be submitted on or before September 12, 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. 1823-96 on your correspondence. Comments are available or public inspection at the above address by calling

(202)514-3048 to arrange an appointment. FOR FURTHER INFORMATION CONTACT: Anne Gyemant, Immigration and Naturalization Service, Adjudications Division, 425 I Street, NW, Room 3214, Washington DC 20536, telephone

(202)514-4754. SUPPLEMENTARY INFORMATION: What Is the Family Unity Program? Established by section 301 of the Immigration Act of 1990, IMMACT 1990, Public Law 101-649 (November 29, 1990), the Family Unity Program provides renewable periods of voluntary departure and employment authorization for the eligible spouses and children of legalized aliens. A legalized alien is a person who has been granted temporary or permanent residence status under section 210 (Special Agricultural Worker (SAW)) or section 245A (Legalization) programs of the Immigration and Nationality Act (Act), or a permanent resident under the Cuban/Haitian Adjustment Act under section 202 of the Immigrant Reform and Control Act of 1986 (IRCA), Public Law 99-603 (November 6, 1986). To establish eligibility for the benefits, the family relationship must have existed as of May 5, 1988, for the Legalization and Cuban/Haitian Adjustment Act programs or as of December 1, 1988, for SAW recipients. The family members must also have been present in the United States prior to May 5 or December 1, 1988, as applicable, and have resided in the U.S. since that date. What Are the Changes to the Family Unity Program Created by the Settlement of the Hernandez v. Reno Class Action Lawsuit? As part of the settlement of a Nationwide class action lawsuit, *Hernandez* v. *Reno* , C.A. No. 9:93 CV 63 (E.D. Tex., filed Dec. 30, 1997), the Service agreed to revise the existing Family Unity Program benefits application system so that an applicant no longer had to file one application (Form I-817, Application for Voluntary Departure under the Family Unity Program) to receive a grant of voluntary departure under the Family Unity Program and then file a separate application (Form I-7657, Application for Employment Authorization) to receive an employment authorization document. The implementation of this aspect of the settlement agreement has involved two phases. During the first phase, which was implemented effective January 29, 1998, the Service issued supplemental instructions which provided that from then forward, the Form I-765 would be treated as a supplement to and not a form separate from the Form I-817. The Form I-765 supplement was attached to each Form I-817 that was mailed to potential applicants. Applicants were encouraged to file the two forms jointly and were required to pay only the filing fee applicable to the Form I-817. What Is the Fee Required for the Form I-817? Since the implementation of phase one, the Service revised its fee structure including the amount charged for the Form I-817. (See 63 FR 43604). The amount currently charged as a result of the change is $120. The fee is necessary to recover the cost to the Government of both the adjudication of a request for voluntary departure and the issuance of an employment authorization document under the Family Unity Program. (63 FR 1775). A separate application and fee, however, will be required of any person granted Family Unity benefits who seeks to replace a Family Unity Program benefit based on an employment authorization document that is lost, misplaced, mutilated, or destroyed. What Is the Single Application System Created Using the Revised Form I-817? Phase two of the implementation of the “single application” system agreed to under the *Hernandez* v. *Reno* settlement agreement involved the development and issuance of a revised Form I-817 that would contain sufficient requests for information from the applicant so that an employment authorization document could be issued without resorting to the use of the Form I-765 as a supplement. Such a form has now been developed and has been sent to the Office of Management and Budget

(OMB)for review. Approval of the revised Form I-817, now entitled “Application for Benefits under the Family Unity Program,” will result in the grant of voluntary departure for a 2-year period and the issuance of an employment authorization document valid for the same period as the grant of voluntary departure. Who Is an “Eligible Immigrant” Under the Family Unity Program? Under the Family Unity Program, an applicant is an “eligible immigrant” for purposes of the program if he or she is a spouse or unmarried child of a legalized alien. A legalized alien has been defined under 8 CFR § 236.11 as a temporary or permanent resident under section 210

(SAW)and section 245A (Legalization) programs of the Act or a permanent resident under the Cuban/Haitian Adjustment Act under section 202 of IRCA. An alien has been defined, for purposes of this Act, to include, “any person not a citizen or national of the United States.” See 8 U.S.C. 1101(a)(3) (Supp. IV 1998). The Service recognizes that defining “legalized alien” to include naturalized U.S. citizens is exceptional. Nevertheless, in light of the congressional policies of family reunification and encouragement of naturalization, we think it is clear that Congress did not intend to deprive eligible legalized residents of family unity benefits under these provisions on the basis of their having obtained U.S. citizenship through naturalization. The regulatory definition thus addresses a specific situation and has not application outside this context. Will an Applicant Lose Eligibility if His or Her Sponsoring Family Member Naturalizes? This rule clarifies that an applicant does not lose eligibility under the Family Unity Program when the family member through whom the applicant claims eligibility becomes a naturalized U.S. citizen provided that the lawful permanent resident maintained status as a legalized alien up until the time of his/her naturalization. However, the naturalized family member should file a Form I-130, Petition for Alien Relative, on the applicant's behalf so that the applicant can apply for adjustment of status to become a lawful permanent resident. If the applicant is an “immediate relative,” which includes the spouse, parents and minor children of a U.S. citizen, the naturalized family member may apply for adjustment of status by submitting Form I-485, Application for Adjustment of Status to Permanent Resident at the same time as the Form I-130 petition. All other applicants may apply for adjustment of status by filing Form I-485 as soon as a Form I-130 petition is approved for them, and they are notified that a visa number is available. The visa number must be available at both the time of application and the time of approval of the Form I-485. All approved applicants will remain eligible for Family Unity Program benefits until their adjustment of status to that of a lawful permanent resident. If the sponsoring family member filed a Form I-130 petition for the family-based 2A preference category, Spouse and Children and Unmarried Sons and Daughters of Permanent Residents, for the applicant before naturalization, he may file a new Form I-130 petition after naturalization for the family-based 1A preference category, Unmarried Sons and Daughters of Citizens. The change of preference classification may significantly accelerate the applicant's priority date. What Is the Purpose of Making Certain Juvenile Offenders a New Class of Aliens Ineligible for Family Unity Benefits? On September 30, 1996, the President signed the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208. Section 383 of IIRIRA provides that aliens who committed a specific act of juvenile delinquency, as defined in 18 U.S.C. 5031, are ineligible for benefits under the Family Unit Program. Disqualifying acts include acts which if committed by an adult, would be classified either

(1)as a felony crime of violence that involved the use or attempted use of physical force against another individual, or

(2)a felony offense which intrinsically involved a substantial risk of the use of such physical force. What Is the Definition of a “Juvenile” Under This Rule, and Where Does the Definition Come From? The definitions to be used in implementing section 383 of IIRIRA are drawn from the United States Code. A “juvenile” is defined as a “person who has not attained his eighteenth birthday.” 18 U.S.C. 5031. “Juvenile deliquency” is defined as “the violation of a law of the United States committed by a person prior to his eighteenth birthday which would have been a crime if committed by an adult.” 18 U.S.C. 5031. As a result, the class of aliens ineligible for Family Unity Program benefits now includes individuals who, while under the age of 18, violated a law of the United States which, if committed by an adult, would have constituted either

(1)a felony crime of violence involving the use or the attempted use of physical force against another individual, or

(2)a felony offense involving a substantial risk of the use of violence against another individual. Section 383 also applies to any alien who is over the age of 18, and who committed such an act of juvenile delinquency before his or her 18th birthday. What Is the Effective Date of This Section? The amendments made by section 383 of IIRIRA apply to benefits granted or extended after September 30, 1996. Good Cause Exception The Service's implementation of this rule as an interim rule, with provisions for post-promulgation public comments, is based upon the “good cause” exceptions found at 5 U.S.C. 553(b)(3)(B) and (d)(3). The reason and the necessity for immediate implementation of this interim rule without prior notice and comment is because parts of this rule merely codify in the Service's regulation the statutory mandates in section 383 of Public Law 104-208. In addition, some of the changes in this rule are beneficial to the affected public in that they either serve to implement the *Hernandez* v. *Reno* settlement agreement or to clarify that certain aliens do not lose eligibility because their sponsoring family member has naturalized. Therefore, it is impracticable and unnecessary to adopt this rule with the prior notice and comment period normally required under 5 U.S.C. 553(b) or with the delayed effective date normally required under 5 U.S.C. 553(d). The removal of 8 CFR 274a.12(c)(12), Family Unity Program-based employment authorization, is an agency rule of practice and procedure and, therefore, exempt from the requirements of 5 U.S.C. 553. 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 this rule will not have a significant economic impact on a substantial number of small entities. While this rule does affect individuals, the number affected will be minimal. There is no impact on small entities. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any 1 year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets. Executive Order 12866 This rule is considered by the Department of Justice, Immigration and Naturalization Service, to be a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review. Accordingly, this regulation has been submitted to the OMB for review. Executive Order 13132 This rule will not have substantial direct effects on the States, on the relationships 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 Executive Order 13132, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment. Executive Order 12988 Civil Justice Reform This interim rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. Family Policymaking Assessment The Commissioner of the Immigration and Naturalization Service has reviewed this regulation and has determined that it may affect family well-being as that term is used in section 654 of the Treasury-General Government Appropriations Act, 1999, Public Law 105-277 Div. A. Accordingly, the Service has assessed this action in accordance with the criteria specified by section 654(c)(1). This regulation will create a positive effect on the family by allowing Family Unity Program beneficiaries to retain eligibility when their sponsoring family member naturalizes. This will have the effect of keeping families together by encouraging their adjustment of status to that of a legal permanent resident while allowing them to retain Family Unity Program benefits until that time. Additionally, when the sponsoring family member naturalizes, the subsequent change of preference classification may significantly move forward the applicant's priority date, allowing them to adjust their status even sooner. Finally, this regulation will have the effect of strengthening the stability of the family and establishing an explicit policy concerning the relationship between the behavior and personal responsibility of youth, and the norms of society. Paperwork Reduction Act of 1995 The Service has requested expedited OMB review of the revised Form I-817 in order to comply with the settlement agreement in the *Hernandez* v. *Reno* litigation. During the course of the development of the revised Form I-817, the Service made several revisions unrelated to the implementation of the *Hernandez* v. *Reno* settlement. These additional revisions were necessary due to changes in the Family Unity provisions and inadmissibility grounds affected by the IIRIRA. Finally, changes were made on the form to reflect the changes made to the regulations by this interim rule. The Service is requesting comments on revised Form I-817. List of Subjects 8 CFR Part 236 Administrative practice and procedure, Aliens, Immigration. 8 CFR Part 274a Administrative practice and procedure, Aliens, Employment, Penalties, Reporting and recordkeeping requirements. 8 CFR Part 299 Immigration, Reporting and recordkeeping requirements. Accordingly, chapter I of title 8 of the Code of Federal Regulations is amended as follows: PART 236—APPREHENSION AND DETENTION OF INADMISSIBLE AND DEPORTABLE ALIENS; REMOVAL OF ALIENS ORDERED REMOVED 1. The authority citation for part 236 continues to read as follows: Authority: 8 U.S.C. 1103, 1182, 1224, 1225, 1226, 1227, 1362; sec. 303(b) of Div. C of Pub. L. No. 104-208, 8 CFR part 2. 2. Section 236.11 is amended by revising the definition “ *Legalized alien* ” to read as follows: § 236.11 Definitions. For purposes of §§ 236.10 to 236.18 only, *Legalized alien * means an alien who:

(1)Is a temporary or permanent resident under section 210 or 245A of the Act;

(2)Is a permanent resident under section 202 of the Immigration Reform and Control Act of 1986 (Cuban/Haitian Adjustment); or

(3)Is a naturalized U.S. citizen who was a permanent resident under section 210 or 245A of the Act or section 202 of the Immigrant Reform and Control Act of 1986

(IRCA)(Cuban/Haitian Adjustment), and maintained such a status until his or her naturalization. 3. Section 236.12(a)(2) is revised to read as follows: § 236.12 Eligibility.

(a)* * *

(2)That as of May 5, 1988, (in the case of a relationship to a legalized alien described in subsection (b)(2)(B) or (b)(2)

(C)of section 301 of IMMACT 90) or as of December 1, 1988, (in the case of a relationship to a legalized alien described in subsection (b)(2)

(A)of section 301 of IMMACT 90), he or she was the spouse or unmarried child of a legalized alien, and that he or she has been eligible continuously since that time for family-sponsored immigrant status under section 203(a) (1), (2), or

(3)or as an immediate relative under section 201 (b)(2) of the Act based on the same relationship. 4. Section 236.13 is amended by: a. Removing the “or” at the end of paragraph (b); b. Removing the period at the end of paragraph (c), and inserting in its place a “; or” ; and by c. Adding a new paragraph

(d)to read as follows: § 236.13 Ineligible aliens.

(d)An alien who has committed an act of juvenile delinquency (as defined in 18 U.S.C. 5031) which if committed by an adult would be classified as:

(1)A felony crime of violence that has an element the use or attempted use of physical force against another individual; or

(2)A felony offense that by its nature involves a substantial risk that physical force against another individual may be used in the course of committing the offense. 5. Section 236.14(a) is revised to read as follows: § 236.14 Filing.

(a)*General.* An application for benefits under the Family Unity Program must be filed at the service center having jurisdiction over the alien's place of residence. A Form I-817 Application for Benefits Under the Family Unity Program, must be filed with the correct fee required in § 103.7(b)(1) of this chapter and the required supporting documentation. A separate application with appropriate fee and documentation must be filed for each person claiming eligibility. 6. Section 236.15 is amended by revising paragraphs (d), (e), and

(f)to read as follows: § 236.15 Voluntary departure and eligibility for employment.

(d)*Employment authorization.* An alien granted benefits under the Family Unity Program is authorized to be employed in the United States and will receive an employment authorization document. The validity period of the employment authorization document will coincide with the period of voluntary departure.

(e)*Extension of voluntary departure.* An application for an extension of voluntary departure under the Family Unity Program must be filed by the alien on Form I-817 along with the correct fee required in § 103.7(b)(1) of this chapter and the required supporting documentation. The submission of a copy of the previous approval notice will assist in shortening the processing time. An extension may be granted if the alien continues to be eligible for benefits under the Family Unity Program. However, an extension may not be approved if the legalized alien is a lawful permanent resident, or a naturalized U.S. citizen who was a lawful permanent resident under section 210 or 245A of the Act or section 202 of the Immigration Reform and Control Act of 1986 (IRCA), Pub. L. 66-903, and maintained such status until his or her naturalization, and a petition for family-sponsored immigrant status has not been filed on behalf of the applicant. In such case, the Service will notify the alien of the reason for the denial and afford him or her the opportunity to file another Form I-817 once the petition, Form I-130, has been filed on his or her behalf. No charging document will be issued for a period of 90 days from the date of the denial.

(f)* Supporting documentation for extension application.* Supporting documentation need not include documentation provided with the previous application(s). The extension application shoud only include changes to previous applications and evidence of continuing eligibility since the date of prior approval. § 236.18 [Amended] 7. Section 236.18 is amended by removing the phrase “or who are” from paragraph (a)(2). PART 274a—CONTROL OF EMPLOYMENT OF ALIENS 8. The authority citation for part 274a continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 1324a, 8 CFR part 2. § 274a.12 [Amended] 9. Section 274a.12 is amended by removing and reserving paragraph (c)(12). PART 299—IMMIGRATION FORMS 10. The authority citation for part 299 continues to read as follows: Authority: 8 U.S.C. 1101, 1103, 8 CFR part 2. 11. Section 299.1 is amended in the table by revising the entry for Form I-817 to read as follows: § 299.1 Prescribed forms. Form No. Edition date Title * * * * * * * I-817 05-30-99 Application for Benefits under the Family Unity Program. * * * * * * * Dated: July 5, 2000. Doris Meissner, Commissioner, Immigrationa nd Naturalization Service. [FR Doc. 00-17814 Filed 7-13-00; 8:45 am]

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