55152 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

Section 1412.304 Provisions relating to

tenants and sharecroppers.

This rule changes the date by which

all landowners, tenants and

sharecroppers failing to reach an

agreement regarding the division of

contract payments for a fiscal year, must

execute a contract to be eligible to

receive the contract payment for such

fiscal year. If the landowners, tenants

and sharecroppers on a farm fail to

reach an agreement regarding the

division of contract payments for a

fiscal year, the county committee shall

make the payment at a later date if all

persons eligible to receive a share of the

contract payment, have executed a

contract no later than August 1 of that

fiscal year, and subsequently agree to

the division of contract payment.

List of Subjects in 7 CFR Part 1412

Contract acreage, Contract payments,

Production flexibility contract,

Succession-in-interest.

Accordingly, 7 CFR part 1412 is

amended as follows:

PART 1412—PRODUCTION

FLEXIBILITY CONTRACTS FOR

WHEAT, FEED GRAINS, RICE, AND

UPLAND COTTON

1. The authority citation for part 1412

continues to read as follows:

Authority: 7 U.S.C. 7201 et seq.; and 15

U.S.C. 714b and 714c.

2. Section 1412.201 is amended by

adding paragraph (c) to read as follows:

§ 1412.201 Production flexibility contract.

* * * * *

(c) All producers sharing in the

contract payments on a farm whose

payment shares have not been

designated for a fiscal year, must sign

the contract designating payment shares

and provide supporting documentation

as specified in parts 1400, 1405, and 12

of this title, no later than August 1 of the

fiscal year to be eligible to earn a

contract payment in that fiscal year. If

all producers have not signed the

contract by this deadline; no producers

on the contract will be eligible for a

payment for that farm for that fiscal

year. 3. Section 1412.207 paragraph (d) is

revised to read as follows:

§ 1412.207 Succession-in-interest to a

production flexibility contract.

* * * * *

(d) A producer or owner must inform

the county committee of changes in

interest not later than:

(1) August 1 of the fiscal year in

which the change occurs, if producers

on the contract remain the same, but

payment shares change; or

(2) August 1 of the fiscal year in

which the change occurs , if a new

producer is being added to the contract.

* * * * *

4. Section 1412.302 paragraph (b) is

revised to read as follows:

§ 1412.302 Contract payment provisions.

* * * * *

(b) At the option of the producer, for

fiscal year 1997 and each subsequent

fiscal year, 50 percent of the annual

contract payment shall be paid on

December 15 or January 15, as requested

by the producer. To receive the advance

payment the producers on the farm

must be in compliance with all

requirements of the contract at the time

of the advance payment. For fiscal year

1998 and each subsequent fiscal year,

all producers sharing in the contract

payment on the farm must, no later than

15 days prior to the final date to issue

the advance payment sign the contract

designating payment shares and provide

supporting documentation as specified

in parts 1400, 1405, and 12 of this title,

if applicable; and request the advance

payment. If all producers on the farm

have not signed the contract designating

payment shares, according to this

paragraph, then no producers will be

eligible for an advance payment for that

farm for that fiscal year.

* * * * *

5. Section 1412.303 is amended by

removing paragraph (a)(6) and revising

paragraphs (a)(2) and (a)(4) to read as

follows:

§ 1412.303 Sharing of contract payments.

(a) * * *

(2) A lease will be considered a cash

lease if the lease provides for only a

guaranteed sum certain cash payment,

or a fixed quantity of the crop (for

example, cash, pounds, or bushels per

acre).

* * * * *

(4) A lease shall be considered a share

lease if the lease provides for both a

guaranteed amount such as a fixed

dollar amount or quantity and a share of

a crop or crop proceeds, including

leases which provide for the greater of

a guaranteed amount or share of the

crop or crop proceeds.

* * * * *

6. Section 1412.304 paragraph (b) is

revised to read as follows:

§ 1412.304 Provisions relating to tenants

and sharecropper.

* * * * *

(b) Notwithstanding the provisions set

forth at § 1412.302(c), if the landowners,

tenants and sharecroppers on a farm fail

to reach an agreement regarding the

division of contract payments for a

fiscal year, the county committee shall

make the payment at a later date if all

persons eligible to receive a share of the

contract payment, have executed a

contract not later than August 1 of the

applicable fiscal year and subsequently

agree to the division of contract

payment.

Signed at Washington, DC, on October 15,

1997.

Bruce R. Weber,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 97–28009 Filed 10–22–97; 8:45 am]

BILLING CODE 3410–05–P ‘

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 245

[EOIR No. 119 I; A.G. ORDER No. 2120–

97]

RIN 1125–AA20

Executive Office for Immigration

Review; Adjustment of Status to That

of Person Admitted for Permanent

Residence

AGENCY: Executive Office for

Immigration Review, Immigration and

Naturalization Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule amends the

date by which aliens must file and pay

for their applications for adjustment of

status pursuant to section 245(i) of the

Immigration and Nationality act. Such

applications are adjudicated by the

Executive Office for Immigration

Review, including the Board of

Immigration Appeals and the

Immigration Courts, or the Immigration

and Naturalization Service. This rule

also clarifies the procedure for paying

for such adjustment applications when

filed in conjunction with motions to

reopen or reconsider.

DATES: Effective Date: This rule is

effective October 23, 1997.

Comment Date: Written comments

must be received on or before December

22, 1997.

ADDRESSES: Please submit written

comments to Margaret M. Philbin,

General Counsel, Executive Office for

Immigration Review, 5107 Leesburg

Pike, Suite 2400, Falls Church, Virginia,

22041.

FOR FURTHER INFORMATION CONTACT:

Margaret M. Philbin, General Counsel,

Executive Office for Immigration

Review, 5107 Leesburg Pike, Suite 2400,
Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations 55153

Falls Church, Virginia, 22041, telephone

(703) 305–0470.

SUPPLEMENTARY INFORMATION: On August

26, 1994, Congress enacted the

Department of Commerce, Justice, State,

and the Judiciary and Related agencies

Appropriations Act of 1995, Pub. L.

103–317. Section 506(b) of this law

added a new section 245(i) to the

Immigration and Nationality Act (the

Act) which allows certain persons

already in the United States to adjust

status, despite the provisions of section

245 (a) and (c) of the Act, upon payment

of a fee in addition to the base filing fee

for an adjustment of status application.

On July 23, 1997, the Immigration and

Naturalization Service (Service)

published an interim rule with request

for comments (62 FR 39417) concerning

adjustment of status applications filed

pursuant to section 245(i) of the Act.

The supplementary information to the

interim rule reiterated that the

provisions of section 245(i) apply only

to applications filed on or after October

1, 1994, and before October 1, 1997. See

section 506(c) of Pub. L. 103–317.

However, timely filed applications may

still be adjudicated after September 30,

1997. On September 30, 1997, the

Executive Office for Immigration

Review published a similar rule (62 FR

50999) that enabled the Executive Office

for Immigration Review to complete

adjudication of timely filed section

245(i) adjustment applications after

September 30, 1997.

This program was due to terminate on

October 1, 1997. However, on

September 30, 1997, Congress extended

the program until October 23, 1997.

This interim rule reflects that

applications filed subsequent to October

1, 1994, and prior to October 23, 1997

or any other such date as Congress may

determine in an extension of section

245(i) of the Act, will be adjudicated to

completion by an officer of the service

or EOIR.

This interim rule makes it clear that

the Service and EOIR may consider a

motion to reopen or reconsider an

application for adjustment of status on

the basis of section 245(i) of the Act if

the applicant submitted a copy of the

application for adjustment of status, a

copy of Supplement A to Form I–485,

and any other required documentation

on or after October 1, 1994, and before

October 23, 1997, or any other such date

as Congress may determine in an

extension of section 245(i) of the Act.

However, in order to receive the benefit

of a motion to reopen or reconsider that

has been granted, the applicant must

have remitted to the Immigration and

Naturalization Service any additional

sum required by section 245(i) (the

additional sum is currently $1,000)

before October 23, 1997, or any other

such date as Congress may determine in

an extension of this provision. This

procedure is different from the

procedures previously in effect for filing

motions to reopen or reconsider with

EOIR and which continue to apply to all

other motions filed with EOIR. Those

individuals who have properly filed

motions to reopen or reconsider in order

to apply for adjustment of status under

section 245(i) but who have not yet paid

the required fee, or those individuals

whose motions have been granted in the

past but who have not yet paid the

required fee, must now pay that fee with

the Immigration and Naturalization

Service before October 23, 1997 or any

other such date as Congress may

determine in an extension of this

provision.

The implementation of this rule as an

interim rule, with immediate effect, and

with provisions for post-promulgation

public comment, is based upon the

‘‘good cause’’ exceptions found at 5

U.S.C. 553b (B) and (d)(3). Immediate

implementation of this rule will ensure

that all applicants for adjustment of

status under section 245(i) are aware of

the extended application period and the

revised procedures for paying the

application fee when submitting a

motion to reopen or reconsider.

Regulatory Flexibility Act

In accordance with 5 U.S.C. 605(b),

the Attorney General certifies that this

rule affects only those aliens who are

applying to adjust their status under

section 245(i) of the Immigration and

Nationality Act. Therefore, this rule

does not have a significant economic

impact on a substantial number of 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 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 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 foreignbased companies in domestic and

export markets.

Executive Order 12866

The Attorney General has determined

that this rule is not a significant

regulatory action under Executive Order

No. 12866 and, accordingly, this rule

has not been reviewed by the Office of

Management and Budget.

Executive Order 12612

This rule has no federalism

implications warranting the preparation

of a Federalism Assessment in

accordance with Executive Order No.

12612.

Executive Order 12988, Civil Justice

Reform

The rule meets the applicable

standards provided in sections 3(a) and

3(b)(2) of Executive Order No. 12988.

List of Subjects in 8 CFR Part 245

Aliens, Immigration, Reporting and

recordkeeping requirements.

Accordingly, part 245 of chapter I of

title 8 of the Code of Federal

Regulations is amended as follows:

PART 245—ADJUSTMENT OF STATUS

TO THAT OF PERSON ADMITTED FOR

PERMANENT RESIDENCE

1. The authority citation for part 245

continues to read as follows:

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

CFR part 2.

2. In § 245.10, paragraphs (c), (d), and

(f) are revised to read as set forth below:

3. In § 245.10, paragraph (e) is

amended in the last sentence by

removing the reference to ‘‘October 1,

1997’’ and replacing it with ‘‘October

23, 1997 or any other such date as

Congress may determine in an extension

of section 245(i)’’.

§ 245.10 Adjustment of status upon

payment of additional sum under Public

Law 103–317.

* * * * *

(c) Application period. The Service or

the Executive Office for Immigration

Review may approve an application for

adjustment of status pursuant to section

245(i) of the Act if such application was

filed either on or after October 1, 1994,

and before October 23, 1997 or any

other such date as Congress may

determine in an extension of section

245(i). If an alien attempts to file an

adjustment of status application under

the provisions of section 245(i) outside
55154 Federal Register / Vol. 62, No. 205 / Thursday, October 23, 1997 / Rules and Regulations

of this time period, the Service will

accept the application and base filing

fee, as set forth in § 103.7(b)(1) of this

chapter, return the additional sum of

$1,000 to the alien, and either the

Service or the Executive Office for

Immigration Review will adjudicate the

application pursuant to section 245(a) of

the Act. If the alien, in such a case, is

not eligible for adjustment of status,

either the Service will issue a written

notice advising the alien of the denial of

the application for adjustment of status,

or the Executive Office for Immigration

Review will deny the application for

adjustment of status.

(d) Adjustment application filed on or

after October 1, 1994, dated before

October 23, 1997 or any other such date

as Congress may determine in an

extension of this provision, without

Supplement A to Form I–485 and

additional sum. An adjustment of status

applicant will be allowed the

opportunity to amend an adjustment of

status application filed in accordance

with § 103.2 of this chapter on or after

October 1, 1994, and before October 23,

1997 or any other such date as Congress

may determine in an extension of

section 245(i) of the Act, in order to

request consideration under the

provisions of section 245(i), if it appears

that the alien is not otherwise ineligible

for adjustment of status. If the

application for adjustment of status is

pending before the Service, the Service

shall notify the applicant in writing of

the Service’s intent to deny the

adjustment of status application, and

any other requests for benefits that

derive from the adjustment application,

unless Supplement A to Form I–485 and

any required additional sum is filed

within 30 days of the date of the notice.

If the application for adjustment of

status is pending before the Executive

Office for Immigration Review, the

Executive Office for Immigration

Review will deny the application and

permit the applicant to file a motion to

reopen in accordance with §§ 3.2(c) and

3.23 of this chapter along with proof of

payment to the Immigration and

Naturalization Service of the additional

sum within 30 days of the denial.

* * * * *

(f) Completion of processing of

pending applications. (1) An

application for adjustment of status filed

on or after October 1, 1994, and before

October 23, 1997 or any other such date

as Congress may determine in an

extension of section 245(i) of the Act,

shall be adjudicated to completion by an

officer of the Service or by the Executive

Office for Immigration Review,

regardless of whether the final decision

is made after the termination of this

program. The provisions of paragraph

(d) of this section regarding amended

applications shall apply to all such

applications. The Service or the

Executive Office for Immigration

Review may consider a motion to open

or reconsider an application for

adjustment of status on the basis of

section 245(i) if the applicant submitted

a copy of the application for adjustment

of status, a copy of Supplement A to

Form I–485, and any other required

documentation on or after October 1,

1994, and before October 23, 1997 or

any other such date as Congress may

determine in an extension of section

245(i). However, in order to receive the

benefit of a motion to reopen or

reconsider that has been granted, the

applicant must have remitted to the

Immigration and Naturalization Service

before October 23, 1997 or any other

such date as Congress may determine in

an extension of section 245(i), any

additional sum required by section

245(i). Even if a motion to reopen or

reconsider is granted, failure to pay the

additional sum to the Immigration and

Naturalization Service before October

23, 1997 or any other such date as

Congress may determine in an extension

of 245(i) will result in the ultimate

denial of the application for adjustment

of status.

(2) Any application for adjustment of

status submitted pursuant to section

245(i) and considered in deportation or

removal proceedings must be filed

between October 1, 1994, and October

23, 1997 or any other such date as

Congress may determine in an extension

of section 245(i).

* * * * *

Dated: October 18, 1997.

Janet Reno,

Attorney General.

[FR Doc. 97–28147 Filed 10–20–97; 4:16 pm]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–80–AD; Amendment 39–

10174; AD 97–22–03]

RIN 2120–AA64

Airworthiness Directives; Extra

Flugzeugbau, GmbH. Model EA–300/

200 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to Extra Flugzeugbau, GmbH.

(Extra) Model EA–300/200 airplanes.

This action requires installing a seat belt

safety cover. A recent report of an Extra

Model EA–300/200 airplane seat belt

falling into the rear rudder pedal

controls, interfering with the rudder

pedals, and causing loss of directional

control prompted this action. The action

specified by this AD is intended to

prevent a loss of directional control

caused by seat belt interference with the

rear rudder pedal controls, which could

cause loss of control of the airplane.

DATES: Effective November 24, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of November

24, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

December 29, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket 97–CE–80–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

Service information that applies to

this AD may be obtained from Extra

Flugzeugbau, GmbH, Schwarze Heide

21, 46569 H ̈ unxe, Germany; telephone

49–2858–9137–0; facsimile 49–2858–

9137–30. This information may also be

examined at the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket 97–CE–80–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106; or at the Office of

the Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Karl

Schletzbaum, Project Officer, Small

Airplane Directorate, Aircraft

Certification Service, 1201 Walnut, suite

900, Kansas City, Missouri 64106;

telephone (816) 426–3962; facsimile

(816) 426–2169.

SUPPLEMENTARY INFORMATION:

Discussion

The Luftfahrt-Bundesamt (LBA),

which is the airworthiness authority for

Germany, recently notified the FAA that

an unsafe condition could exist on Extra

Model EA–300/200 airplanes. The LBA

advises that the pilot’s seat belt may fall

into the rear rudder pedal controls,

hampering rudder control and possibly

causing loss of directional control. This

occurred on one of the affected

airplanes in Germany.