Unknown. Proposed rule

7,534 words·~34 min read·/register/2002/06/13/02-15037

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-2002-06-13.xml --- 67 114 Thursday, June 13, 2002 Contents Agriculture Agriculture Department See Forest Service Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities: Proposed collection; comment request, 40745-40746 02-14854 Civil Civil Rights Commission NOTICES Meetings; Sunshine Act, 40687 02-15041 Coast Guard Coast Guard RULES Drawbridge operations: Florida, 40606-40608 02-14968 40606 02-14969 Ports and waterways safety:

Buffalo River, Buffalo, NY; safety zone, 40610-40611 02-14970 Missouri River, Brownville, NE; security zone, 40615-40617 02-14964 Missouri River, Fort Calhoun, NE; security zone, 40613-40615 02-14965 San Juan, PR; security zones, 40608-40610 02-14972 St. Croix, U.S. Virgin Islands; security zones, 40617-40619 02-14971 Upper Mississippi River, Cordova, IL; security zone, 40611-40613 02-14966 Commerce Commerce Department See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency information collection activities:

Submission for OMB review; comment request, 40687-40688 02-14960 Consumer Consumer Product Safety Commission NOTICES Agency information collection activities: Proposed collection; comment request, 40689-40690 02-14992 Defense Defense Department RULES Civilian health and medical program of uniformed services (CHAMPUS): TRICARE program— Sub-acute and long-term care program reform, 40597-40606 02-14707 NOTICES Meetings: Science Board, 40690 02-14850 40690 02-14851 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Houba Inc., 40752 02-14940 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:

Elementary and secondary education— Safe and Drug-Free Schools and Communities National Programs, 40690-40691 02-14978 Special education and rehabilitative services— Centers for Independent Living Program, 40693-40695 02-14866 Parent Information and Training Program, 40691-40692 02-14864 40692-40693 02-14865 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Phosphoric acid manufacturing and phosphate fertilizers production plants, 40813-40818 02-14758 NOTICES Agency information collection activities:

Proposed collection; comment request, 40729-40730 02-14995 Meetings: Clean Diesel Independent Review Panel, 40730 02-15072 Pesticide registration, cancellation, etc.: Aventis Cropscience USA, LP, et al., 40730-40732 02-14997 Reports and guidance documents; availability, etc.: Lower toxicity pesticide chemicals methodology, 40732-40734 02-14996 Persistent organic pollutants; global action; U.S. perspective, 40734-40735 02-14993 Water pollution control: Total maximum daily loads— Calcasieu and Ouachita river basins, LA, 40735-40737 02-14498 40738-40742 02-14500 Ouachita river basin, LA, 40737-40738 02-14499 Executive Executive Office of the President See Management and Budget Office See National Drug Control Policy Office See Trade Representative, Office of United States FAA Federal Aviation Administration RULES Airworthiness directives:

Boeing, 40589-40591 02-14584 Airworthiness standards: Special conditions— Learjet Model 35, 36, 35A, and 36A series airplanes, 40587-40588 02-14979 Class E airspace, 40592-40594 02-14980 40592 02-14981 40592 02-14982 40592 02-14983 40591 02-14984 40591 02-14986 40591 02-14987 Standard instrument approach procedures, 40594-40595 02-14988 40595-40597 02-14989 PROPOSED RULES Airworthiness directives: CFM International, 40626-40627 02-14856 General Electric, 40623-40625 02-14857 Class E airspace, 40627-40629 02-14985 FCC Federal Communications Commission RULES Common carrier services:

Long-term telephone number portability; memorandum opinion, etc., 40619-40621 02-14775 PROPOSED RULES Digital television stations; table of assignments: Louisiana, 40632-40633 02-14998 NOTICES Agency information collection activities: Proposed collection; comment request, 40742-40743 02-14912 Meetings: Consumer/Disability Telecommunications Advisory Committee, 40743 02-14911 Rulemaking proceedings; petitions filed, granted, denied, etc., 40743 02-14909 Federal Election Federal Election Commission RULES Independent expenditure reporting Effective date, 40586 02-14901 NOTICES Meetings;

Sunshine Act, 40743-40744 02-15088 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Alliance Companies et al., 40708-40712 02-14908 NEO California Power LLC et al., 40712-40717 02-14867 Young Gas Storage Co., Inc., 40717 02-14914 Environmental statements; availability, etc.: South Carolina Electric & Gas Co., 40717 02-14921 Hydroelectric applications, 40717-40718 02-14872 40719 02-14873 40720 02-14874 40721-40722 02-14875 40722-40723 02-14876 40723-40724 02-14877 40724-40725 02-14878 40725-40726 02-14879 40726 02-14918 40726-40727 02-14919 40727-40728 02-14920 Meetings:

Standard market design; data and software standards, 40728 02-14880 Meetings; Sunshine Act, 40728 02-15024 Practice and procedure: Off-the-record communications, 40728-40729 02-14922 *Applications, hearings, determinations, etc.:* Algonquin Gas Transmission Co., 40695 02-14883 Anaheim et al., CA, 40695 02-14915 Canyon Creek Compression Co., 40695-40696 02-14893 Central New York Oil & Gas Co., LLC, 40696 02-14892 CMS Trunkline Gas Co., LLC, 40696 02-14884 Colorado Interstate Gas Co., 40697 02-14886 Columbia Gulf Transmission Co., 40697 02-14924 Conoco Gas & Power Marketing, 40697 02-14917 Discovery Gas Transmission, Inc., 40697-40698 02-14868 Discovery Gas Transmission LLC, 40698 02-14889 Dominion Transmission, Inc., 40698-40699 02-14890 40699 02-14923 Gas Research Institute, 40699 02-14934 Gulf South Pipeline Co., LP, 40700 02-14887 Mississippi River Transmission Corp., 40700 02-14933 Natural Gas Pipeline Co. of America, 40700-40701 02-14929 40701 02-14930 40701 02-14939 Northern Natural Gas Co., 40701-40702 02-14888 40702 02-14938 NRG Northern Ohio Generating LLC et al., 40702 02-14916 PG&E Gas Transmission, Northwest Corp., 40702-40703 02-14932 Questar Pipeline Co., 40703 02-14931 Reliant Energy Gas Transmission Co., 40703 02-14891 40703-40704 02-14936 40704 02-14937 Southern LNG Inc., 40704-40705 02-14913 Tennessee Gas Pipeline Co., 40705 02-14881 40705-40706 02-14882 40706 02-14935 Trailblazer Pipeline Co., 40706 02-14870 TransColorado Gas Transmission Co., 40706-40707 02-14926 Transcontinental Gas Pipe Line Corp., 40707 02-14925 Transwestern Pipeline Co., 40707 02-14927 Viking Gas Transmission Co., 40707 02-14928 Williston Basin Interstate Pipeline Co., 40707-40708 02-14869 40708 02-14871 40708 02-14885 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:

Change in bank control, 40744 02-14858 Formations, acquisitions, and mergers, 40744 02-14859 Federal Transit Federal Transit Administration NOTICES Agency information collection activities: Submission for OMB review; comment request, 40768 02-14956 Fish Fish and Wildlife Service RULES Endangered and threatened species: Chiricahua leopard frog, 40789-40811 02-14730 PROPOSED RULES Endangered and threatened species: Critical habitat designations— Blackburn's sphinx moth, 40633-40657 02-14683 Plant and animal species that are candidates or proposed for listing, findings on recycled petitions, and description of progress on listing actions; review, 40657-40679 02-14963 Foreign Foreign Claims Settlement Commission NOTICES Privacy Act:

Systems of records, 40752 02-14844 Forest Forest Service NOTICES Environmental statements; notice of intent: Bighorn National Forest, WY, 40684-40685 02-14853 Sierra National Forest, CA, 40685-40686 02-14898 Meetings: Forest Counties Payments Committee, 40686-40687 02-14860 Health Health and Human Services Department See Centers for Disease Control and Prevention See Substance Abuse and Mental Health Services Administration NOTICES Meetings: National Human Research Protections Advisory Committee, 40744-40745 02-14948 Housing Housing and Urban Development Department RULES Public and Indian housing:

Native Hawaiian Housing Block Grant and Loan Guarantees for Native Hawaiian Housing Programs, 40773-40788 02-14721 Immigration Immigration and Naturalization Service RULES Nonimmigrant classes: Aliens— Special registration requirements, 40581-40586 02-15037 Indian Indian Affairs Bureau NOTICES Reports and guidance documents; availability, etc.: Trust Asset Management; Trust Reform Task Force alternatives, 40819-40832 02-15033 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service IRS Internal Revenue Service PROPOSED RULES Income taxes:

Cancellation of indebtedness; guidance, 40629-40632 02-14825 Justice Justice Department See Drug Enforcement Administration See Foreign Claims Settlement Commission See Immigration and Naturalization Service See National Institute of Corrections NOTICES Pollution control; consent judgments: Allied Waste Products, Inc., et al., 40750 02-14849 Boston Sand & Gravel Co. et al., 40750-40751 02-14845 Green Bluff Development, Inc., 40751 02-14848 Hinojosa, Ausencia, 40751 02-14846 Seattle Disposal Co. et al., 40751-40752 02-14847 Labor Labor Department See Occupational Safety and Health Administration Management Management and Budget Office NOTICES Reports and guidance documents; availability, etc.:

Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 40755 02-14843 National Drug National Drug Control Policy Office NOTICES Agency information collection activities: Submission for OMB review; comment request, 40742 02-14897 National Institute National Institute of Corrections NOTICES Grants and cooperative agreements; availability, etc.: Prison Emergencies, Guide to Preparing for and Managing, 40752-40754 02-14852 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:

Alaska; fisheries of Exclusive Economic Zone— Pacific cod, 40621 02-14957 PROPOSED RULES Endangered and threatened species: Findings on petitions, etc.— Klamath River Basin coho salmon, 40679-40680 02-14959 Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Cook Inlet; non-pelagic trawl gear prohibition, 40680-40683 02-14958 National Park National Park Service NOTICES Environmental statements; notice of intent: Grand Canyon National Park, AZ, 40749-40750 02-14977 Meetings:

Na-Hoapili O Kaloko Honokohau, Kaloko-Honokohau National Historical Park Advisory Commission, 40750 02-14976 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions: Performance Technology, 40622-40623 02-14906 NOTICES *Applications, hearings, determinations, etc.:* Florida Power & Light Co., 40754-40755 02-14907 Occupational Occupational Safety and Health Administration RULES Wendell H. Ford Aviation Investment and Reform Act for 21st Century; implementation:

Discrimination complaints; handling procedures, 40597 02-14950 NOTICES Grants and cooperative agreements; availability, etc.: Susan Harwood Training Program, 40754 02-14953 Office Office of Management and Budget See Management and Budget Office Office of U.S. Trade Office of United States Trade Representative See Trade Representative, Office of United States Patent Patent and Trademark Office NOTICES Agency information collection activities: Proposed collection; comment request, 40688-40689 02-14899 Public Public Health Service See Centers for Disease Control and Prevention See Substance Abuse and Mental Health Services Administration Research Research and Special Programs Administration NOTICES Pipeline safety:

Advisory bulletins— Gas and hazardous liquid pipeline mapping, 40768-40770 02-14955 SEC Securities and Exchange Commission NOTICES Investment Company Act of 1940: Exemption applications— Pioneer America Income Trust et al., 40757-40761 02-14946 Touchstone Investment Trust et al., 40755-40757 02-14945 Meetings; Sunshine Act, 40761 02-15056 Self-regulatory organizations; proposed rule changes: Chicago Stock Exchange, Inc., 40761-40762 02-14944 Municipal Securities Rulemaking Board, 40762-40763 02-14947 New York Stock Exchange, Inc., 40763-40765 02-14943 SBA Small Business Administration NOTICES Grants and cooperative agreements; availability, etc.:

Small technology-based businesses interested in Federal research and development programs; outreach and technical assistance, 40765-40766 02-14895 Loan programs: SBAExpress Pilot Loan Program; extension, 40766 02-14894 State State Department NOTICES Grants and cooperative agreements; availability, etc.: Anticorruption policies and actions taken by national governments; effectiveness assessment methodology, 40766 02-14990 Meetings: International Telecommunication Advisory Committee, 40766 02-14991 Substance Substance Abuse and Mental Health Services Administration NOTICES Grants and cooperative agreements; availability, etc.:

State Data Infrastructure Program, 40746-40747 02-14905 State Treatment Needs Assessment Program, 40747-40748 02-14904 Meetings: SAMHSA National Advisory Council, 40749 02-14903 Trade Trade Representative, Office of United States NOTICES World Trade Organization: European Communities— Consultations regarding provisional safeguard measures against steel products imports, 40766-40767 02-14896 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Transit Administration See Research and Special Programs Administration Treasury Treasury Department See Internal Revenue Service NOTICES Agency information collection activities:

Submission for OMB review; comment request, 40770 02-14941 Veterans Veterans Affairs Department NOTICES Agency information collection activities: Proposed collection; comment request, 40770-40771 02-14861 Submission for OMB review; comment request, 40771-40772 02-14862 40772 02-14863 Separate Parts In This Issue Part II Housing and Urban Development Department, 40773-40788 02-14721 Part III Interior Department, Fish and Wildlife Service, 40789-40811 02-14730 Part IV Environmental Protection Agency, 40813-40818 02-14758 Part V Interior Department, Indian Affairs Bureau, 40819-40832 02-15033 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.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 114 Thursday, June 13, 2002 Rules and Regulations DEPARTMENT OF JUSTICE Immigration and Naturalization Service 8 CFR Parts 214 and 264 [INS No. 2216-02; AG Order No. 2589-2002] RIN 1115-AG70 Registration and Monitoring of Certain Nonimmigrants AGENCY:

Immigration and Naturalization Service; Justice. ACTION: Proposed rule. SUMMARY: Recent terrorist incidents have underscored the need to broaden the special registration requirements for nonimmigrant aliens from certain designated countries, and other nonimmigrant aliens whose presence in the United States requires closer monitoring, to require that they provide specific information at regular intervals to ensure their compliance with the terms of their visas and admission, and to ensure that they depart the United States at the end of their authorized stay.

This proposed rule seeks to modify the existing requirements to require certain nonimmigrant aliens to make specific reports to the Immigration and Naturalization Service: upon arrival; approximately 30 days after arrival; every twelve months after arrival; upon certain events, such as a change of address, employment, or school; and at the time of departure from the United States. DATES: Written comments must be received on or before July 15, 2002. ADDRESSES: Please submit written comments to the Director, Regulations and Forms Services Division, Immigration and Naturalization Service, 425 I Street, NW, Room 4034, Washington, DC 20536.

To ensure proper handling, please reference INS No. 2216-02 on your correspondence. Comments may also be submitted electronically to the Service at *insregs@usdoj.gov.* When submitting comments electronically, please include INS No. 2216-02 in the subject heading. Comments are available for public inspection at this location by calling

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

(202)514-2895. SUPPLEMENTARY INFORMATION: This proposed rule will apply only to a small percentage of nonimmigrant aliens: nonimmigrant aliens from selected countries specified in notices published in the **Federal Register** ; and individual nonimmigrant aliens who are designated by a consular officer outside the United States or an inspection officer at the port of entry based on information that indicates the need for closer monitoring of the alien's compliance with the terms of his or her visa or admission in the national security or law enforcement interests of the United States. This proposed rule expands the existing special registration rule to require that these designated nonimmigrant aliens provide more detailed and frequent information to ensure that they comply with the conditions of their visas and admissions, along with their departures. Currently, nonimmigrant aliens from Iran, Iraq, Libya, and Sudan are subject to special fingerprinting requirements. 63 FR 39109 (July 21, 1998). This proposed rule does not apply to nonimmigrant aliens applying for admission to the United States under sections 101(a)(15)(A) (ambassador, public minister, career diplomat) or 101(a)(15)(G) (representative or employees of an international organization) of the Immigration and Nationality Act (“Act”). General and Special Registration Requirements Section 262(a) of the Act provides that all aliens who have not previously been registered and fingerprinted, pursuant to section 221(b) of the Act, have a duty to apply for registration and to be fingerprinted if they remain in the United States for 30 days or longer. Under the existing regulations at 8 CFR 264.1(a), the Immigration and Naturalization Service (“Service”) registers nonimmigrants using Form I-94 (Arrival-Departure Record). As authorized by section 262(c) of the Act, however, the Service's existing regulations at 8 CFR 264.1(e) contain general provisions waiving the fingerprinting requirement for many nonimmigrants. Accordingly, most nonimmigrant aliens are admitted to the United States without being either fingerprinted or photographed. Notwithstanding the general registration requirements, section 263(a) of the Act also authorizes the Attorney General to prescribe special regulations and forms for the registration, among other classes, of “aliens of any other class not lawfully admitted to the United States for permanent residence.” Pursuant to this section, as well as the Attorney General's general registration authority under section 262 of the Act, the Attorney General promulgated 8 CFR 264.1(f), which authorizes the Attorney General, by notice published in the **Federal Register** , to direct that certain nonimmigrant aliens from designated foreign countries be registered, fingerprinted, and photographed by the Service at the port of entry at the time the nonimmigrant aliens apply for admission. See 25 FR 10495 (Nov. 2, 1960) (final rule); 58 FR 68024 (Dec. 20, 1993) (interim rule), 63 FR 39109 (July 21, 1998) (notice). Moreover, the Attorney General is authorized to prescribe conditions for the admission of nonimmigrant aliens under section 214 of the Act. Section 215 of the Act provides for departure control from the United States. In addition, section 265 of the Act requires that all aliens who remain in the United States for 30 days or more (other than A or G nonimmigrants) must file a notice of change of address with the Attorney General within 10 days of any change of address. This proposed rule provides for implementation of these requirements for nonimmigrant aliens subject to special registration. However, this Supplementary Information also serves as a reminder to all aliens (not just those nonimmigrant aliens subject to special registration) of their legal obligations under section 265 of the Act to notify the Attorney General, as delegated to the Service, within 10 days of any change of address by filing the general change of address form, Form AR-11. Need for the Rule The events of September 11, 2001, highlighted weaknesses in the current immigration system, which does not provide for the adequate collection of information on the activities and whereabouts of nonimmigrant aliens. Under existing regulations it is difficult to determine if such aliens follow their stated plans while in the United States, to determine if they have remained in the United States beyond their authorized period of stay, and to locate them when necessary. Moreover, current procedures do not provide for the collection of fingerprints at the port of entry from many aliens who present a heightened risk of involvement in terrorist or criminal activity. In conjunction with other changes in the regulations, this proposed rule implements special registration requirements (including fingerprinting, photographing, *etc.* ) that will allow the Service to improve nonimmigrant compliance with the terms of their visas and admissions. The difference between the general requirements and the special requirements is that the United States frequently acquires information that indicates that a specific alien's or class of aliens' activities within the United States should be more closely monitored. Such aliens should be and will be required to provide more information in their registration than other aliens to permit their activities to be followed more closely and to ensure compliance with the terms of their visas, including timely departure. In promulgating this proposed rule, the Attorney General has determined that existing international conditions require that certain classes of nonimmigrant aliens be required to follow special registration procedures to better ensure the security of the United States through closer monitoring of compliance with the terms of their visas and admissions. The aliens in these classes are referred to in the proposed rule as “nonimmigrant aliens subject to special registration.” Nonimmigrant aliens subject to special registration will include those individual aliens whom the Attorney General or the Secretary of State, through officials of their departments, have determined should be monitored within the United States in order to promote the nation's security or law enforcement interests. Such law enforcement interests include the enforcement of national immigration laws as well as the prevention of other criminal activity. The Attorney General and the Secretary of State may jointly exempt classes of nonimmigrant aliens subject to special registration from that registration. The Attorney General or the Secretary of State may individually exempt an individual nonimmigrant alien from the requirements of special registration. Nonimmigrant Aliens Whom the Inspecting Officer Has Reason To Believe Present a Heightened National Security or Law Enforcement Risk The proposed rule provides for supplemental registration at the port of entry for any nonimmigrant whom the inspecting official has reason to believe presents a national security or law enforcement risk, including the risk that the alien may violate the terms of his visa or exceed his authorized period of stay. Accordingly, this proposed rule would delegate authority to require the registration of a nonimmigrant alien whom the inspecting officer has reason to believe presents such a risk. This determination will be made according to specific criteria established by the Attorney General, in light of the observations and experience of the inspecting officers. The criteria, based on experience, are expected to change over time, but the criteria must be established and enunciated to the inspectors prior to their application. Form of Registration In this proposed rule, the Attorney General specifies that nonimmigrant aliens subject to special registration must be fingerprinted and photographed, and must provide expanded information on a required form. The nonimmigrant alien will be required, under the informational form being developed by the Service, or an existing form if that option is undertaken, to provide routine and readily available information, which may include: name; passport country of issuance and number; identification and description of a second form of positive identification ( *e.g.,* driver's license and number); date of birth; country of birth, nationality and citizenship; height; weight; color of hair; color of eyes; address of residence in the United States and in country of origin; telephone number(s) in the United States and in country of origin; the names, addresses, and dates of birth for both parents; points of contact in the alien's country of origin; name and address of school or employer in the United States (if applicable); name and address of former school or employer in country of origin; intended activities in the United States; and any e-mail addresses. The proposed rule also requires that such nonimmigrant aliens provide the following information at certain intervals: an additional form of photographic identification ( *e.g.,* driver's license); proof of tenancy at the listed residential address ( *e.g.,* rental contract, mortgage); proof of enrollment at a school or other authorized educational institution where applicable; and/or proof of employment where applicable. In addition, under these proposed procedures, nonimmigrant aliens subject to special registration will be fingerprinted and photographed at the port of entry. This will allow the Service to determine if an alien's fingerprints match those of known terrorists or criminals, and to detain the alien if such an identity match is established. It will also serve important law enforcement and national security purposes if the alien is later suspected of taking part in terrorist or criminal activity in the United States and will ensure that the nonimmigrant alien cannot reenter the United States in the future using a different identity. Relief From Requirements A nonimmigrant alien subject to special registration may seek relief from the requirements of special registration from a Service district director or other official designated by the Attorney General. For example, an alien initially required to complete the requirements of special registration may satisfy the district director that due to exigent or unusual circumstances such requirements cannot reasonably be fulfilled. Nonimmigrant Aliens From Designated Countries Already in the United States Section 265(b) of the Act provides that the Attorney General may require natives or citizens of a designated country who are already in the United States, or any subset of such class, to register pursuant to this section. In the event the Attorney General determines that it is necessary to register such nonimmigrant aliens, the Attorney General will publish a notice in the **Federal Register** describing the aliens who will be required to appear at a Service office for registration. The Attorney General's notice will describe the class of nonimmigrant aliens and the locations at which such registration may occur. The Attorney General's notice will also explain the procedures for filing a required form and/or providing fingerprints and photographs, and submitting supplemental information, if needed. Initial Registration at Port of Entry and Confirmation of Status The proposed rule specifies that if a nonimmigrant alien subject to special registration stays in the United States for a period of 30 days or more, the alien must report to a designated office of the Service on or after the alien's thirtieth day in the United States, but before the alien's fortieth day in the United States, to confirm the information provided in the alien's initial registration at the port of entry. For those aliens applying for admission to the United States who are found to be nonimmigrant aliens subject to special registration, the completion of registration is a condition of admission under section 214 of the Act. If an alien desires not to participate in special registration, the alien may withdraw his or her application for admission. A nonimmigrant alien subject to special registration who comes to the United States to work or to study is required to provide proof of such activity when the alien appears at the designated Service office. Documentation such as enrollment forms, actual employment contracts, or pay statements must be presented to the Service to confirm the alien's registration statement. All nonimmigrant aliens subject to special registration must provide proof of residential address in the United States. These documents will be examined by the Service, the originals will be returned to the nonimmigrant alien, and a copy will be retained by the Service. Nonimmigrant aliens often arrive at a port of entry that is distant from their final destination. For example, a nonimmigrant alien arriving at John F. Kennedy Airport in New York on an F-1 student visa may be enrolling at a college or university or other school elsewhere in the United States. This proposed provision permits a nonimmigrant alien subject to special registration who does not already have a residential address to acquire that residential address and provide the Service with an actual rental agreement or other proof of residence to update or confirm the information on the alien's initial registration statement. Annual Registration A nonimmigrant alien may hold a visa which allows him or her to remain in the United States for longer than one year. For this type of nonimmigrant alien who is also subject to special registration, the proposed rule requires him or her to verify his or her activities and address, and to update any other information provided to the Service, on an annual basis. The proposed rule requires that the nonimmigrant alien reaffirm his or her registration statement on, or within 10 days after, each anniversary of his or her arrival. The anniversary date is used as a benchmark because of the relative importance of the nonimmigrant alien's arrival in the United States to the nonimmigrant alien. The anniversary date is a natural reminder of the requirements for registration. Additionally, the fact that nonimmigrant aliens arrive in the United States on a relatively steady basis dictates that this reaffirmation process will occur at Service offices steadily throughout the year, thus avoiding a large number of re-registrations at any one time that might overload the Service or inconvenience the nonimmigrant aliens any more than necessary. Change of Address or Other Material Condition As noted above, all aliens are required to provide the Service with any change of residential address. The proposed rule reiterates, for this distinct group of nonimmigrant aliens who are subject to special registration, the requirement that the nonimmigrant alien provide the Service with any change of residential address within 10 days of such change of address. The proposed rule allows a nonimmigrant alien subject to special registration to notify the Service by mail, or such other means as the Attorney General may designate, of a change of address, employment, or educational institution. Appropriate forms will be made available to such aliens at arrival, on the Internet, and at Service offices. Departure The proposed rule requires that a nonimmigrant alien subject to special registration also report his or her actual departure from the United States through inspection by an already existing departure control officer established under 8 CFR part 215. This requirement means that the alien must appear before a departure control officer, i.e., an immigration inspector, at the time he or she departs the United States to close his or her registration. This notification will ensure that all special registrations are properly closed. The proposed rule does not alter any of the requirements of part 215, or otherwise authorize a departure control officer to prohibit departure, but complements them with requirements that the nonimmigrant aliens subject to special registration report to the departure control officer in conjunction with his or her special registration under this Part. The requirement that an alien appear before a departure control officer at the time of departure from the United States is not new, but has been used sparingly in the past. Under this proposed rule, it will be necessary to expand the use of the departure control officer to ensure that the nonimmigrant aliens subject to special registration have complete records of their status. If actual departure control were not utilized, special registrations for the nonimmigrant aliens subject to special registration would simply stop without explanation sometime after their departure. Departure will now be confirmed by actual presentation by the nonimmigrant aliens subject to special registration. This departure notification can then be confirmed by reference to other records, such as the actual electronic flight manifests provided by carriers. Departure control has not been used in a substantial way in the past and facility work will take substantial time to develop with airports, even for the small number of aliens covered by this proposed rule. Therefore, the Service is authorized to restrict ports of departure as facilities are developed. The nonimmigrant aliens subject to special registration will be advised of available ports of departure as they register. Accordingly, the Service is authorized to prohibit nonimmigrant aliens subject to special regulation from exiting at ports of entry that lack departure control officers and facilities. The Department notes that departure control procedures have been demanded by Congress as a part of a complete entry-exit management system. Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Div. C, § 110, Pub. L. 104-208, 110 Stat. 3009-558 (Sept. 30, 1996); Immigration and Naturalization Service Data Management Improvement Act of 2000, § 3, Pub. L. 106-215, 114 Stat. 337 (June 15, 2000); United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001, tit. IV, subtit. B, § 414(b), Pub. L. 107-56, 115 Stat. 272, 353-354 (Oct. 26, 2001); Enhanced Border Security and Visa Entry Reform Act of 2002, tit. III, § 302, Pub. L. 107-173, 116 Stat. 543, 552 (May 14, 2002). Congress has required that such a system be implemented by December 31, 2003. 8 U.S.C. 1365a(d)(1). Accordingly, as the Department develops the larger system mandated by Congress, the Department will ensure appropriate integration of the special registration system proposed in this rule. To ensure that nonimmigrant aliens subject to special registration provide this notification of departure and to ensure actual departure, this rule proposes that substantial penalties be attached to failure to notify the Service of departure. Paragraph (f)(8) provides that failure to notify the Service of departure in this way is a failure to complete registration under section 263(a) of the Act. Because failure to complete registration is an unlawful activity, the alien shall thereafter be presumed to be inadmissible to the United States under section 212(a)(3)(A)(ii) of the Act. This presumption may be overcome by making a showing that satisfies conditions set by the Attorney General and the Secretary of State. Other grounds of inadmissibility may also apply. Application of the Act and Penalties The proposed rule is an exercise of the Attorney General's authority under sections 214, 215, 262, 263, and 265 of the Act to impose conditions on admission, register aliens and special groups of aliens, and manage departure of aliens. Each registration required by the proposed rule is, therefore, a registration under sections 262 and 263 of the Act. The Act provides that a willful failure to register, or making a false statement on the registration, is punishable under section 266(a) and (c), respectively, of the Act by a fine of up to $1,000 or by imprisonment for up to 6 months. Providing a false statement would also subject the nonimmigrant alien subject to special registration, upon conviction, to detention and removal. The proposed rule is also an exercise of the Attorney General's authority under section 265 of the Act to provide for aliens to file changes of address and provide other required information. The Act provides that a failure to provide a change of address or provide other information would be punishable under section 266(b) of the Act by a fine of up to $200 and imprisonment for 30 days. The Attorney General may also remove nonimmigrant aliens who violate the provisions of section 265 of the Act and the implementing regulations, even if the alien has not been subject to criminal prosecution. Conditions of Admission Under section 214(a) of the Act the admission of all nonimmigrant aliens to the United States “shall be for such time and under such conditions as the Attorney General may by regulations prescribe.” The Attorney General may impose conditions on admission that are rationally related to the maintenance of nonimmigrant status. *See, e.g., Narenji* v. *Civiletti,* 617 F.2d 745, 747 (D.C. Cir. 1980) (upholding regulation requiring Iranians on student visas to report and “provide information as to residence and maintenance of nonimmigrant status” or be subject to deportation proceedings). The regulations that currently implement section 214 provide in part that a condition of a nonimmigrant's continued stay in the country “is the full and truthful disclosure of all information requested by the Service.” 8 CFR 214.1(f). The special registration requirements imposed by this proposed rule are intended in part to ensure that nonimmigrant aliens are complying with their nonimmigrant status ( *e.g.,* by continuing to be students or employees, as contemplated at the time of the issuance of their visas). This rule also proposes to amend 8 CFR 214.1(f) to impose an additional condition on the admission of a nonimmigrant. The regulation requires that an alien, if chosen for special registration, must report to the INS at certain intervals to prove that he or she is maintaining nonimmigrant status. Thus, a nonimmigrant alien's wholesale failure to appear for registration at the 30-day mark, or for the annual reregistration, for example, will be deemed a failure to maintain the relevant nonimmigrant status, and will render the alien removable under section 237(a)(1)(C)(i) of the Act. Regulatory Procedures Regulatory Flexibility Act The Department of Justice, in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and by approving it certifies that this regulation will not have a significant economic impact on a substantial number of small entities. This rule will affect individual nonimmigrant aliens who are not considered small entities as that term is defined in 5 U.S.C. 601(6). Executive Order 12866 This regulation has been drafted and reviewed in accordance with Executive Order 12866, Regulatory Planning and Review, section 1(b), Principles of Regulation. The Department of Justice has determined that this rule is a “significant regulatory action” under Executive Order 12866, section 3(f), Regulatory Planning and Review, and accordingly this rule has been reviewed by the Office of Management and Budget. 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 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 This regulation meets the applicable standards set forth in sections 3(a) and 3(b)(2) of Executive Order 12988. 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 $100,000,000 or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This rule is not a major rule as defined by section 251 of the Small Business Regulatory Enforcement Fairness Act of 1996. 5 U.S.C. 804. This rule will not result in an annual effect on the economy of $100,000,000 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. Paperwork Reduction Act This rule modifies existing requirements to require certain nonimmigrant aliens to make specific reports to the Immigration and Naturalization Service: upon arrival; approximately 30 days after arrival; every twelve months after arrival; upon certain events, such as a change of address, employment, or school; and at the time of departure from the United States. The Service is requiring this information to ensure such aliens comply with the terms of their visas and admission, and to ensure that they depart the United States at the end of their authorized stay. This rule contains a new information collection which is currently under development. This information collection will be submitted to the Office of Management and Budget

(OMB)for emergency approval and comments will be solicited from the public, in accordance with the Paperwork Reduction Act of 1995. Comments on the collection of information should be sent to Brenda Dyer, Clearance Officer, United States Department of Justice, Information Management and Security Staff, Justice Management Division, Patrick Henry Building, 601 D Street, NW, Rm. 1600, Washington, DC 20530. List of Subjects 8 CFR Part 214 Aliens, Immigration, Registration, Reporting and recordkeeping requirements. 8 CFR Part 264 Aliens, Immigration, Registration, Reporting and recordkeeping requirements. Accordingly, the Department of Justice proposes to amend chapter 1 of title 8 of the Code of Federal Regulations as follows: PART 214—NONIMMIGRANT CLASSES 1. The authority citation for part 214 is revised to read as follows: Authority: 8 U.S.C. 1101, 1103, 1182, 1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305; sec. 643, Pub. L. 104-208, 110 Stat. 3009-708; section 141 of the Compacts of Free Association with the Federated States of Micronesia and the Republic of the Marshall Islands, and with the Government of Palau, 48 U.S.C. 1901, note, and 1931 note, respectively; 8 CFR part 2. 2. Amend § 214.1 by revising paragraph

(f)to read as follows: § 214.1 Requirements for admission, extension, and maintenance of status.

(f)*Registration and false information.* A nonimmigrant's admission and continued stay in the United States is conditioned on compliance with any registration, photographing, and fingerprinting requirements under § 264.1(f) of this chapter that relate to the maintenance of nonimmigrant status and also on the full and truthful disclosure of all information requested by the Service. Willful failure by a nonimmigrant to register or to provide full and truthful information requested by the Service (regardless of whether or not the information requested was material) constitutes a failure to maintain nonimmigrant status under section 237(a)(1)(C)(i) of the Act. PART 264—REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED STATES 3. The authority citation for part 264 is revised to read as follows: Authority: 8 U.S.C. 1103, 1182, 1184, 1201, 1301-1305. 4. Amend § 264.1 by revising paragraph

(f)to read as follows: § 264.1 Registration and fingerprinting.

(f)*Registration, fingerprinting, and photographing of certain nonimmigrants.*

(1)Notwithstanding the provisions in paragraph

(e)of this section, nonimmigrant aliens identified in paragraph (f)(2) of this section are subject to special registration, fingerprinting and photographing requirements upon arrival in the United States. This requirement shall not apply to those nonimmigrant aliens applying for admission to the United States under sections 101(a)(15)(A) or 101(a)(15)(G) of the Act. In addition, this requirement shall not apply to those classes of nonimmigrant aliens to whom the Attorney General and the Secretary of State jointly determine it shall not apply, or to any individual nonimmigrant alien to whom the Attorney General or the Secretary of State determines it shall not apply. Completion of special registration pursuant to this paragraph

(f)is a condition of admission under section 214 of the Act if the inspecting officer determines that the alien is subject to registration under this paragraph

(f)(hereinafter “nonimmigrant alien subject to special registration”).

(2)Nonimmigrant aliens in the following categories are subject to the requirements of paragraph (f)(3) of this section:

(i)Nonimmigrant aliens who are natives or citizens of a country designated by the Attorney General, in consultation with the Secretary of State, by a notice in the **Federal Register** ,

(ii)Nonimmigrant aliens whom a consular officer or an inspecting officer has reason to believe are natives or citizens of a country designated by the Attorney General, in consultation with the Secretary of State, by a notice in the **Federal Register** , or

(iii)Nonimmigrant aliens who meet pre-existing criteria, or whom a consular officer or the inspecting officer has reason to believe meet pre-existing criteria, determined by the Attorney General or the Secretary of State to indicate that such aliens' presence in the United States warrants monitoring in the national security interests, as defined in section 219 of the Act, or law enforcement interests of the United States. (3)(i) Any nonimmigrant alien who is included in paragraph (f)(2) of this section, and who applies for admission to the United States, shall be specially registered on a form required by the Service, shall be fingerprinted, and shall be photographed, by the Service, at the port-of-entry at such time the nonimmigrant alien applies for admission to the United States. The Service shall advise the nonimmigrant alien subject to special registration that, if the alien remains in the United States for 30 days or more, the nonimmigrant alien subject to special registration must appear at a Service office in person to complete registration by providing additional documentation confirming compliance with the requirements of his or her visa. The nonimmigrant alien subject to special registration must appear at such office between 30 and 40 days after the date on which the nonimmigrant alien subject to special registration was admitted into the United States.

(ii)At the time of verification of information for registration pursuant to paragraph (f)(3)(i) of this section, the nonimmigrant alien subject to special registration shall provide the Service with proof of compliance with the conditions of his or her nonimmigrant visa status and admission, including, but not limited to, proof of residence, employment, or registration and matriculation at an approved school or educational institution. The nonimmigrant alien subject to special registration shall provide any additional information required by the Service.

(4)The Attorney General, by publication of a notice in the **Federal Register** , also may impose such special registration, fingerprinting, and photographing requirements upon nonimmigrant aliens who are natives, citizens, or residents of specified countries or territories (or a designated subset of such natives, citizens, or residents) who have already been admitted to the United States or who are otherwise in the United States. A notice under this paragraph shall explain the procedures for appearing in person and filing the forms required by the Service, providing fingerprints, photographs, and/or submitting supplemental information or documentation.

(5)A nonimmigrant alien subject to special registration shall annually reregister in person with the Service at the district office for the district in which the nonimmigrant alien subject to special registration's residence is located. Annual reregistration shall be in the same manner as provided in paragraph (f)(3), and shall occur within 10 days of the month and day of the anniversary of his or her original admission to the United States. Annual reregistration of a nonimmigrant alien subject to special registration under paragraph (f)(4) shall be in the manner prescribed in the applicable notice, subject to any modifications or changes included in any applicable intervening notice.

(6)In addition to the 30-day and annual reregistrations pursuant to paragraphs (f)(3) and (f)(5) of this section, any nonimmigrant alien subject to special registration who remains in the United States for 30 days or more shall notify the Service by mail or other such means as determined by the Attorney General, using a notification form designated by the Service, of any change of address of residence, change of employment, or change of educational institution, within 10 days of such change.

(7)A nonimmigrant alien subject to special registration may apply to the district director, or such other official as the Attorney General may designate, at the Service's district office in which the nonimmigrant alien subject to special registration's residence address is located and registered, for relief from the requirements of this paragraph (f). The decision of the district director or such other official is final and not appealable.

(8)When a nonimmigrant alien subject to special registration departs from the United States, he or she shall report to a departure control officer of the Service, at such port of entry as the Service may specify. Any nonimmigrant alien subject to special registration who fails, without good cause, to be examined by a departure control officer at the time of his or her departure, and to have his or her departure endorsed upon his or her special registration, shall thereafter be presumed to be inadmissible under, but not limited to, section 212(a)(3)(A)(ii) of the Act, as an alien whom the Attorney General has reasonable grounds to believe, based on the alien's past failure to conform with the requirements for special registration, seeks to enter the United States to engage in unlawful activity. An alien may overcome this presumption by making a showing that he or she satisfies conditions set by the Attorney General and the Secretary of State.

(9)Registration under this paragraph

(f)is not deemed to be complete unless all of the information requested on the forms required by the Service, and all requested documents, are provided in a timely manner. Each annual reregistration and each change of material fact is a registration that is required under sections 262 and 263 of the Act. Each change of address required under this paragraph

(f)is a change of address required under section 265 of the Act. Dated: June 10, 2002. Larry D. Thompson, Acting Attorney General. [FR Doc. 02-15037 Filed 6-11-02; 10:45 am]

Connectionstraces to 12

Traces to 12 documents

statutes-at-large

U.S. Code