P.1 

OAR Box 1796 

Prepped by Keeia Richards 

Document Number: 

16) FED REG VOL 61 NO 162 AUGUST 

20,1996 

Docket Number: 

A-90-37 

Printed 10/31/2008 4:20:37 PM Sheet 16 of 107 
P.2 

43030 Federal Register / Vol. 61 , No. 162 / Tuesday, August 20, 1996 / Proposed Rules 

Regulatory Flexibility Act 

The Attorney General, in accordance 

with the Regulatory Flexibility Act (5 

U.S.C. 605(b)), has reviewed this 

regulation and, by approving it, certifies 

that the rule would not have a 

significant economic impact on a 

substantial number of small entities 

because of the following factors: The 

rule would address the grant of 

immigration benefits to certain 

individuals based on a marriage. It 

would also clarify restrictions placed on 

future acquisition of certain 

immigration benefits by individuals 

whose conditional permanent resident 

status has been terminated. It would not 

have a significant economic effect, nor 

would it affect small entities. 

Executive Order 12866 

This rule is not considered by the 

Department of Justice to be a 

"significant regulatory, action" under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review, and 

the Office of Management and Budget 

has waived its review process under 

section 6(a)(3)(A). 

Executive Order 12612 

The-regulations proposed herein 

would 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 

12612, it is determined that this rule 

does not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Assessment. 

Paperwork Reduction Act 

The information collection 

requirement contained in this rule has. 

been cleared by the Office of 

Management and Budget under the 

provisions of the Paperwork Reduction 

Act. The clearance number for this 

collection is contained-in 8 CFR 299.5, 

Display of control numbers. 

List of Subjects in 8 CFR Part 245 

Aliens, Immigration, Reporting and 

recordkeeping requirements. 

Accordingly, part 145 of chapter I of 

title 8 of the Code of Federal 

Regulations is proposed fo be ampnded 

as follows: 

PART 245—ADJUSTMENT OF STATUii 

TO THAT OF PERSON ADMITTED FOR 

PERMANENT RESIDENCE 

1. The authority citation for part 145 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1182. 1255, 

and 8 CFR part 2. 

§245.1 [Amended] 

2. In § 245.1 paragraph (c)(3) is 

amended by removing the word "and" 

at the end of the paragraph. 

3. In § 245.1, paragraph (c)(4) is 

amended by removing the "." at the end 

of the paragraph and replacing it with 

a ";". 

4. In § 245.1, paragraph (c)(7) is 

amended by removing the "." at the end 

of the paragraph, and replacing it with 

a "; and". 

5. In § 245.1, paragraphs (c)(5) and 

(c)(6) are revised to read as follows: 

§245.1 Eligibility. 

**** * 

(c) * * * 

(5) Any alien who has been lawfully 

admitted for permanent residence on a 

conditional basis under section 216 or 

216A of the Act, regardless of any other 

quota or nonquota immigrant visa 

classification for which the alien may 

otherwise be eligible, and regardless of 

whether, the alien's conditional status 

has been terminated pursuant to 

sections 216 or 216A of the Act; 

(6) Any alien admitted to the United 

States as a nonimmigrant alien fiance(e) 

' under section 101(a)(15)(K) of the act, 

unless: 

(i) The alien is seeking to adjust status 

under section 245(a) of the Act to that 

of an alien lawfully admitted to the 

United states for permanent residence 

on a conditional basis under section.216 

of the Act; 

" (ii) The alien is seeking adjustment 

based on the marriage (or, in the case of 

a minor child, the marriage of the alien 

parent) to the United States citizen 

whose approved petition pursuant to 

§ 214.2(k) of this chapter was the basis 

for issuance of the alien's nonimmigrant 

visa under sfection 101{a)(15)(K) of the 

Act; 

(iii) The alien is seeking to adjust 

status within 24 months of the date of 

the marriage; and 

(iv) The marriage was solemnized: . 

(A) Within 90 days of the entry of the 

alien fiancel(e) into the United States; 

or 

(B) More than 90 days after the entry 

of the alien fiance(e) into the United 

States if the alien spouse or child 

applies for and is otherwise eligible for 

adjustment of status as an immediate 

relative on the basis of an approved 

Form 1-130, Petition for Alien Relative, 

filed by the citizen whose approved 

petition pursuant to § 214.2(k) of this 

chapter was the basis for issuance of the 

alien's nonimmigrant visa under section 

101(a)(15)(K)oftheAct; 

Dated: August 1'3, 1996. 

Janet Reno, 

Attorney General. 

[FR Doc. 96-21196 Filed 8-19-96; 8:45 am| 

BILLING CODE 4410-10-M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 51 and 52 

[AD-FRL-5557-6] 

RIN2060-AE11 

£ 

Prevention of Significant Deterioration 

(PSD) and Nonattainment New Source 

Review (NSR) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public meetings. 

SUMMARY: Notice is hereby given of a 

change in the date of the public hearing 

regarding EPA's proposed rulemaking, 

known as the NSR Reform Rulemaking, 

published on July 23,1996 at 61 FR 

38249. That rulemaking proposes to 

revise regulations for the approval and 

promulgation of implementation plans 

and the requirements for preparation, 

adoption, and submittal of 

implementation plans governing the 

NSR programs mandated by parts C and 

D of title I of the Clean Air Act. The date 

of the hearing is being changed from 

September 23 to September 16,1996. 

This notice also announces a meeting on 

the day following the public hearing of 

the NSR Reform Subcommittee 

(Subcommittee) (58 FR 36407) of the 

Clean Air Act Federal Advisory 

Committee (55 FR, No. 217, 46993), 

which will also be open to the public. 

The Subcommittee's purpose is to 

provide independent advice and 

counsel to the EPA on policy and 

technical issues associated with 

reforming the NSR rules. Today's 

announcement does not change the 

October 21,1996 deadline for receiving 

written public comments oh the 

proposed rulemaking. 

DATES: Public Hearing. The public 

hearing has been rescheduled for 

September 16,1996 from 10:00 a.m. to 

4:30 p.m. The hearing may be canceled 

if no requests to speak have been 

received 15 days prior to this 

rescheduled hearing date. 

Subcommittee Meeting. A meeting of 

the Subcommittee is scheduled for 

September 17,1996 from 8:30 a.m. to 

4:00 p.m. 

ADDRESSES: Public Hearing. The public 

hearing will be held at the Sheraton 

Imperial Hotel & Convention Center, 
Federal Register / Vol. 61, No. 162 / Tulsdayay, August 20, 19991 6 / Proposed Rules 43031 

P.3 

Imperial Center, Research Triangle Park, 

North Carolina, telephone (919) 941-

5050. 

Subcommittee Meeting. The 

Subcommittee meeting will be.held at 

the Sheraton Imperial Hotel & 

Convention Center, Imperial Center, 

Research Triangle Park, North Carolina 

[(919) 941-5050. • 

GENERAL INFORMATION: Public Hearing. 

Seating will be available for 

approximately 60 persons on a firstcome, first-served basis. Persons 

wishing to make oral presentations at 

the public hearing should contact EPA 

as indicated below in the FOR FURTHER 

INFORMATION CONTACT section. The order 

of presentation will be based on the 

order in which EPA receives requests to 

speak. Written statements in lieu of, or 

in addition to, oral testimony are 

encouraged and may be any length. 

Individuals will be given an opportunity 

to register for an opportunity to speak, 

as time allows, beginning at 9:00 a.m. on 

the day of the public hearing. If 

necessary, oral presentations will be 

time limited. 

Subcommittee Meeting. Although 

open to the public; general seating will 

be available for approximately 60 

persons (in addition to that allocated for 

the Subcommittee) on a first-come, firstserved basis. There will be a limited 

opportunity for public remarks at the 

Subcommittee meeting and any member 

of the public may submit a written 

statement for consideration by the 

Subcommittee. To ensure that written 

public statements are provided to the 

Subcommittee prior to the scheduled 

meeting they should be mailed to David 

Solomon, the Designated Federal 

Official for this FACA subcommittee, at 

the Information Transfer and Program 

Integration Division (MD-12), Office of 

Air Quality Planning and Standards, 

U.S. EPA, Research Triangle Park, North 

Carolina 27711. ' 

FOR FURTHER INFORMATION CONTACT: 

Dennis Crumpler, Information Transfer 

and Program Integration Division (MD12), Office of Air Quality Planning and 

Standards, U.S. EPA, Research Triangle 

Park, North Carolina 27711, telephone 

(919) 541-0871, telefax (919) 541-5509. 

Persons wishing to make oral 

presentations at the public hearing, or 

seeking further information, should 

contact Cynthia Baines at (919) 541-

5319, telefax (919) 541-5509. 

SUPPLEMENTARY INFORMATION: On July 

23, 1996 at 61 FR 38249, the EPA 

proposed substantial changes to the 

major NSR program, a preconstruction 

permitting program required by the 

Clean Air Act, that regulates the 

construction and modification of major 

stationary sources of air pollution. In 

that document the EPA announced that 

the public hearing for the proposed 

rulemaking would be held in the 

Research Triangle Park.North Carolina, 

on September 23,1996—the date 60 

days from the date of publication of the 

Federal Register notice of proposed 

rulemaking. 

In the same document, EPA indicated 

that it planned to convene a meeting of 

the NSR Subcommittee in conjunction 

with the public comment period to 

review the proposed rulemaking, but no 

date or location for that meeting was 

announced at the time of publication. 

Subsequent to the publication date of 

the proposed rulemaking, EPA 

concluded that (1) it would be desirable 

to hold the public hearing and the 

Subcommittee meeting in sequence 

because many participants would be 

interested in attending both sessions; 

and (2) due to other scheduling 

conflicts, the Subcommittee meeting 

could not be held on September 24, 

1996—the day following the original 

date of the public hearing. 

It was determined that most feasible 

dates for scheduling both meetings 

jointly would be September 16 and 17, 

1996. Consequently, EPA has decided to 

reschedule the date of the public 

hearing so that the two sessions could 

be scheduled in sequence in order to 

reduce the burden of duplicative travelrelated activities for interested 

participants. By holding the comment 

period open the EPA intends to provide 

an opportunity for the submission of 

rebuttal and supplementary information 

relative to comments and questions 

raised in either the public hearing or 

Subcommittee meeting. 

The tentative Subcommittee meeting 

agenda is to review the proposed NSR 

Reform revisions by topic area as 

follows: 

8:30-10:30 a.m.—NSR applicability 

criteria , 

10:30-12:00—noon—NSR technology C ^ SUMMARY: On May 17, 1996, the 

requirements \J \ Commission released a Notice of 

12:00-1:00 p.m.—Lunch Proposed Rulemaking (NPRM) regarding 

1:00-2:00 p.m.—Class I protection ^ certain customer information provisions 

requirements _r»^. in the Telecommunications Act of 1996 ' 

2:00-3:00 p.m.—Miscellaneous refonS^W199 6 Act ) I n addition to addressing tho 

3:00-4:00 p.m.—1990 Clean Air Act ^Ssustome r proprietary network 

Implementing Revisions information (CPNI) and subscriber list 

4:00 p.m.—Adjourn information provisions set out in the 

Time for breaks and public response 1996 Act, the NPRM also sought 

will be incorporated. An agenda will be 

available for public inspection in the 

same docket. The docket is available for 

public inspection and copying between 

8:30 a.m. tol 2 noon and 1:30 to 3:30 

p.m., weekdays, at EPA's Air Docket 

(6102), Room M-1500, 401 M Street, 

SW., Washington, DC 20460. A 

reasonable fee may be charged for 

copying. 

Approximately 3-4 weeks after the 

public hearing and Subcommittee 

meeting, a transcript of each meeting 

will also be available to the public 

through the Office of Air Quality 

Planning And Standards Technology 

Transfer Network (the TTN). Access to 

the TTN, via a computer and 

communications software, may be 

obtained by dialing (919) 541-5742. For 

assistance in accessing the TTN, contact 

the TTN Help Desk at (919) 541-5384 in 

Research Triangle Park, North Carolina, 

1:00 p.m. to 5:00 p.m. eastern standard 

time. 

Dated: August 15, 1996. 

John S. Seitz, 

Director, Office of Air Quality Planning and 

Standards. 

[FR Doc. 96-21281 Filed 8-19-96; 8:45 am| 

BILLING CODE 6560-50-P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Chapter I 

[CC Docket No. 96-115; FCC 96-329] 

Implementation of the 

Telecommunications Act of 1996: 

Telecommunications Carriers' Use of 

Customer Proprietary Network 

Information and Other Customer 

Information; Use of Data Regarding 

y. Alarm Monitoring Service Providers 

» ^ AGENCY: Federal Communications 

^ » Commission. 

\ ACTION: Termination of rulemaking. 

provided at the meeting. 

INSPECTION OF DOCUMENTS: Documents 

related to the NSR Reform Rulemaking, 

are available for public inspection in 

EPA Air Docket No_ A-90-37.. r 

Transcripts of the public hearing and 

Subcommittee meeting will also be 

comment regarding how to implement 

the restrictions on use of alarm 

monitoring data established by new 

Section 275(d) of the Communications 

Act of 1934, as amended. Section 275(d) 

directed the Commission to issue any 

regulations necessary to enforce its 

provisions within six months after