Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations 60769

production unit is a clearly defined

geographic area with permanent

boundaries (either natural or manmade). A producer must be able to

document to the Committee the

previous year’s production data for that

specific area by means of sales receipts

or other delivery or transfer documents

which indicate the creditable fruit

weight delivered to handlers from that

specific area. If the information

submitted by producers on the

application concerning a unit’s

production is significantly greater than

past production on the unit, production

on neighboring units, or the industry

norm, or the production is unable to be

verified based on submitted

documentation, the Committee may

request additional documentation such

as tray count, payroll records, prior

years’ production, and insurance

records to substantiate the tonnage of

raisins produced on all production units

that such applicant controls or owns.

Producers’ would not be precluded from

submitting other information

substantiating production if those

producers’ desired. A new production

unit will not be eligible for the raisin

diversion program until at least 1 year’s

production has been grown and is

documented. An existing production

unit, transferred to a new or expanding

producer, is eligible for the raisin

diversion program as soon as the

previous year’s production can be

properly documented.

* * * * *

(s) Additional opportunity for vine

removal. (1) The Committee may

announce a date later than that provided

in § 989.156(b), by which producers,

who agree to remove the vines on a

production unit may file an application

to participate in a raisin diversion

program. The announced date shall be

not later than May 1. The diversion

certificates will be issued only for the

production units from which vines are

removed. The total tonnage available to

such applicants shall not exceed the

tonnage determined by deducting the

tonnage approved for applications

received on or before December 20 from

the total tonnage announced as eligible

by the Committee for diversion.

Applications shall be considered and

approved on a first-come, first-served,

basis and shall not be given preference

over the tonnage approved for

applications received on or before

December 20. The vines shall be

removed from the production units for

which such applications are approved

not later than June 1.

* * * * *

Dated: November 7, 1997.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 97–29971 Filed 11–12–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 204

[INS No. 1845–97]

RIN 1115–AE77

Prima Facie Review of Form I–360

When Filed by Self-Petitioning

Battered Spouse/Child

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interm rule with request for

comments.

SUMMARY: This interim rule amends the

Immigration and Naturalization Service

(Service) regulations to enable the

Service to review Form I–360, Petition

for Amerasian, Widow(er) or Special

Immigrant, filed by a battered spouse or

child, to determine whether a prima

facie case has been established. Recent

legislation broadened the definition of

aliens who qualify for public assistance

to include battered aliens, and

specifically those aliens whose selfpetitions have been approved and those

who file a self-petition which

establishes a prima facie case for

immigrant classification under the

Violence Against Women Act.

DATES: Effective Date: This interim rule

is effective November 13, 1997.

Comment Date: Written comments must

be submitted on or before January 12,

1998.

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, Attn: Public

Comment Clerk. To ensure proper

handling, please reference the INS

number 1845–97 on your

correspondence. Comments are

available for public inspection at this

location by calling (202) 514–3291 to

arrange an appointment.

FOR FURTHER INFORMATION CONTACT:

Karen FitzGerald, Staff Officer,

Residence and Status Branch,

Immigration and Naturalization Service,

425 I Street, Room 3214, Washington,

DC 20536, telephone (202) 514–5014.

SUPPLEMENTARY INFORMATION:

Background

The Immigration and Nationality Act

(the Act) allows a citizen or lawful

permanent resident (LPR) of the United

States to seek immigrant status for

certain alien relatives from the Service.

In order to receive this benefit, a visa

petition must be filed on behalf of the

alien relative and approved by the

Service. The alien must then qualify for

immigrant visa issuance abroad or

adjustment of status in the United

States.

Historically, the initiation of the visa

petition process was solely at the

discretion of the U.S. citizen or LPR

relative. For that reason, the citizen or

LPR effectively controlled the ability of

an alien spouse or child to regularize his

or her immigration status. Congress, in

the Violent Crime Control and Law

Enforcement Act of 1994 (the Crime

Bill), Public Law 103–322, dated

September 13, 1994, recognized the

potential for misuse of this discretion

within households where domestic

violence occurs. Title IV of the Crime

Bill, the Violence Against Women Act

(VAWA), contains provisions which

enable these battered spouses and

children to self-petition for immigrant

classification, thus limiting the ability of

an abusive citizen or LPR to use the

immigration laws to perpetuate further

violence against a spouse or child

residing in the United States.

Interim Rule

On March 26, 1996, the Service

published an interim rule at 61 FR

13061, establishing the eligibility

requirements for battered spouses and

children using the self-petitioning

process. The Service received numerous

comments which are under

consideration as the final rule is

prepared for publication. This rule does

not in any way alter the eligibility or

evidentiary requirements set forth in

that interim rule.

Impact of New Legislation

Since the Service published its

interim rule, Congress has enacted new

legislation that affects the ability of most

aliens to receive public assistance. In

the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996

(PRWORA), Congress mandated that

only ‘‘qualified aliens,’’ as defined by

statute, were eligible for public

assistance. Section 501 of the Illegal

Immigration Reform and Immigrant

Responsibility Act of 1996 (IIRIRA),

amended the definition of ‘‘qualified

alien’’ to include battered aliens,

including certain aliens who file or have
60770 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations

approved self-petitions. This ‘‘qualified

alien’’ status is afforded not only to

aliens with approved self-petitions, but

also to those who file a self-petition

which establishes a prima facie case for

immigrant classification.

Purpose of Establishing a Prima Facie

Case

At the present time, the Service

adjudicates the Form I–360, Petition for

Amerasian, Widow(er) or Special

Immigrant, and issues a notice of

approval to those self-petitioning

spouses and children who demonstrate

eligibility. Upon approval of the selfpetition, the applicant is a ‘‘qualified

alien’’ for purposes of the PRWORA.

Often, however, the initial submission

does not comply with all of evidentiary

burdens required for the Service to

adjudicate the self-petition. In such

cases, pursuant to Service regulations,

self-petitioners are generally sent a

request for evidence which sets forth the

deficiencies of the application and

allows the applicant 60 days in which

to submit supplemental documentation.

The applicant may be granted an

additional 60 days at the discretion of

the Service pursuant to current

regulations at 8 CFR 204.1(h).

However, because battered aliens can

be ‘‘qualified aliens’’ without approval

of the petition, the Service must also

evaluate the petition and the evidence

submitted in support of the petition to

determine if the alien has established a

prima facie case. Although the statute

affords benefits to those who establish

prima facie eligibility, neither the

statute nor the legislative history

adequately details the requirements for

establishing this eligibility.

Conventional dictionary definitions are

of little assistance in this regard.

Without standards, determinations

could be made inconsistently and with

varying constancy to Congressional

intent, which would be detrimental to

the purpose of the statute and to the

individual petitioner trying to meet it.

This interim rule explains the standards

to be utilized by the Service in

determining whether the petitioner has

established a prima facie case.

Requirements for Demonstrating a

Prima Facie Case

The prima facie determination will be

made only after a self-petition has been

filed with the Service, and the decision

to issue that Notice of Prima Facie Case

(Notice) rests solely with the Service. In

evaluating whether a self-petitioner has

established a prima facie case, the

Service must have evidence of each of

the required elements of the selfpetition as detailed in Service

regulations at § 204.2 (c)(1) and (e)(1).

Accordingly, self-petitioners should

submit Form I–360 and credible

relevant evidence in support of the

petition addressing each of the statutory

elements as detailed in the instructions

accompanying Form I–360: (1) existence

of the qualifying relationship; (2) the

citizenship or immigration status of the

abuser; (3) the self-petitioner’s eligibility

for immigrant classification; (4)

residence in the United States; (5)

evidence that, during the qualifying

relationship, the petitioner and abuser

resided together in the United for some

unspecified period of time; (6) battery or

extreme cruelty; (7) good moral

character; (8) extreme hardship; and (9)

in the case of a self-petitioning spouse,

good faith marriage. The elements and

evidentiary requirements are set forth in

8 CFR § 204.2 (c)(1) and (e)(1).

If the Service determines that a

petitioner has demonstrated prima facie

eligibility, a Notice of Prima Facie Case

will be issued. The Notice is neither a

benefit nor immigration status in its

own right, and an applicant cannot

apply solely for a Notice of Prima Facie

Case. The decision to issue such a

notice rests solely with the Service.

Applicants are encouraged to submit

full documentation at the earliest

possible time. However, bona fide

candidates for self-petitioning should

not postpone filing the petition because

they are unable to immediately comply

with all of the regulatory requirements.

As an example, an applicant who has

been unable to obtain police reports

from each place of residence during the

past 3 years could submit other

supporting documentation which

addresses the good moral character

element of the adjudication. For the

purpose of making a prima facie

determination, an affidavit from the

applicant stating he or she has never

been arrested and is a person of good

moral character may be considered

acceptable for purposes of establishing a

prima facie case. However, on its own,

this affidavit is not sufficient to meet the

evidentiary burden of § 204.2 (c)(2)(v)

and (e)(2)(v). Before final adjudication,

the applicant must still submit police

reports or, if they are unavailable, some

other type of documentation as required

by those provisions.

The Service’s decision to issue or not

to issue a Notice will not be a factor in

the adjudication of the underlying

petition, nor will it constitute a binding

determination of the credibility of the

evidence submitted. Prima facie

evidence will not always fully or

completely satisfy the evidentiary

burdens, and may be contradicted by

evidence, documentation, or affidavits

(or any other credible evidence) which

come to the attention of the Service after

a favorable prima facie determination

has been made. Self-petitioners should

be aware that such situations may result

in the denial of the I–360 petition, even

if a favorable prima facie determination

was initially made. Conversely, the

Service’s decision not to issue the

Notice of Prima Facie Case is not fatal

to the underlying petition.

The prima facie evaluation will

consist of an initial review of the Form

I–360 and the supporting

documentation. Applicants who set

forth a prima facie case will receive a

Notice of Prima Facie Case to document

their ‘‘qualified alien’’ status for public

benefits. The Notice is valid until the

Service has adjudicated the petition. At

present, the Service intends to issue the

Notice with a validity period of 150

days, which exceeds the time required

for adjudication in the majority of these

cases. In those few cases when the

Service is unable to complete the

adjudication within the 150-day period,

the applicant will be able to request an

extension pursuant to the instructions

on the Notice. Because the Notice is

intended solely for the purpose of

enabling petitioners to apply for public

benefits within the United States, the

Service will only issue the Notice to

petitioners residing in the United States.

Filing and Initial Processing

Because the prima facie determination

is not a separate benefit granted by the

Service, the procedures that an

applicant must follow are those set forth

in the interim rule. The only procedural

change concerns the filing of the Form

I–360. As a result of the Direct Mail

Notice published at 62 FR 16607 on

April 7, 1997, all I–360 petitions filed

by a self-petitioning spouse, child, or

parent on behalf of a battered child,

must be mailed directly to the Vermont

Service Center, 75 Lower Weldon Street,

St. Albans, VT 05479. Self-petitioners

will be provided with documentation

indicating the Service has received the

self-petition (Notice of Receipt). After

reviewing the petition, the Service will

mail applicants notification of the status

of the petition. Regardless of whether a

Notice of Prima Facie Case is issued,

applicants who receive notice of an

adverse preliminary finding will have

the opportunity to respond with

additional evidence or arguments. The

self-petitioner will be advised by the

Service as to the additional evidence or

documentation needed to support the

petition, and will be provided the

opportunity to submit this additional

evidence until the Service makes a final

decision.
Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations 60771

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)(B)

and (d). It is in the public interest to

provide prima facie determinations,

which will enable qualifying spouses

and children to apply for public

assistance benefits. These resources and

services may be critical to some

applicants as they seek safety and

independence from the abuser.

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

because of the following factors: This

rule addresses the grant of immigration

benefits to certain individuals based on

a family relationship to an abusive

citizen or lawful permanent resident of

the United States. This rule affects

individuals, not small entities, and the

economic impact is not significant.

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 and approved by the Office

of Management and Budget.

Executive Order 12612

The regulations adopted herein 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 12612,

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 E.O. 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 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

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.

Paperwork Reduction Act

This interim rule does not impose any

new reporting or recordkeeping

requirements. The information

collection requirements contained in

this rule have been previously approved

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 204

Administrative practice and

procedure, Aliens, Employment,

Immigration, Petitions.

PART 204–IMMIGRANT PETITIONS

1. The authority citation for part 204

is revised to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1151, 1153,

1154, 1182, 1186a, 1255; 1641; 8 CFR part 2.

2. Section 204.2 is amended by

adding new paragraphs (c)(6) and (e)(6),

to read as follows:

§ 204.2 Petitions for relatives, widows, and

widowers, and abused spouses and

children.

* * * * *

(c) * * *

(6) Prima facie determination—(i)

Upon receipt of a self-petition under

paragraph (c)(1) of this section, the

Service shall make a determination as to

whether the petition and the supporting

documentation establish a ‘‘prima facie

case’’ for purposes of 8 U.S.C. 1641, as

amended by section 501 of Public Law

104–208.

(ii) For purposes of paragraph (c)(6)(i)

of this section, a prima facie case is

established only if the petitioner

submits a completed Form I–360 and

other evidence supporting all of the

elements required of a self-petitioner in

paragraph (c)(1) of this section. A

finding of prima facie eligibility does

not relieve the petitioner of the burden

of providing additional evidence in

support of the petition and does not

establish eligibility for the underlying

petition.

(iii) If the Service determines that a

petitioner has made a ‘‘prima facie

case,’’ the Service shall issue a Notice of

Prima Facie Case to the petitioner. Such

Notice shall be valid until the Service

either grants or denies the petition.

(iv) For purposes of adjudicating the

petition submitted under paragraph

(c)(1) of this section, a prima facie

determination—

(A) Shall not be considered evidence

in support of the petition;

(B) Shall not be construed to make a

determination of the credibility or

probative value of any evidence

submitted along with that petition; and,

(C) Shall not relieve the self-petitioner

of his or her burden of complying with

all of the evidentiary requirements of

paragraph (c)(2) of this section.

* * * * *

(e) * * *

(6) prima facie determination—(i)

Upon receipt of a self-petition under

paragraph (e)(1) of this section, the

Service shall make a determination as to

whether the petition and the supporting

documentation establish a ‘‘prima facie

case’’ for purposes of 8 U.S.C. 1641, as

amended by section 501 of Public Law

104–208.

(ii) For purposes of paragraph (e)(6)(i)

of this section, a prima facie case is

established only if the petitioner

submits a completed Form I–360 and

other evidence supporting all of the

elements required of a self-petitioner in

paragraph (e)(1) of this section. A

finding of prima facie eligibility does

not relieve the petitioner of the burden

of providing additional evidence in

support of the petition and does not

establish eligibility for the underlying

petition.

(iii) If the Service determines that a

petitioner has made a ‘‘prima facie case’’

the Service shall issue a Notice of Prima

Facie Case to the petitioner. Such Notice

shall be valid until the Service either

grants or denies the petition.

(iv) For purposes of adjudicating the

petition submitted under paragraph

(e)(1) of this section, a prima facie

determination:

(A) Shall not be considered evidence

in support of the petition;

(B) Shall not be construed to make a

determination of the credibility or
60772 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations

probative value of any evidence

submitted along with that petition; and,

(C) Shall not relieve the self-petitioner

of his or her burden of complying with

all of the evidentiary requirements of

paragraph (e)(2) of this section.

* * * * *

Dated: July 21, 1997.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 97–29770 Filed 11–12–97; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–89–AD; Amendment 39–

10196; AD 97–23–08]

RIN 2120–AA64

Airworthiness Directives; Avions

Pierre Robin Model R3000 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all Avions Pierre Robin

Model R3000 airplanes that are

equipped with yaw damper

Modification No. 013. This AD requires

inspecting the bridle cable ends for

correct installation in the grooved

screw, inspecting for correct cable

winding on the capstan and correct

cable tension, and correcting any

discrepancies found. This AD also

requires installing lockwire to the

tension adjustment screw. This AD is

the result of mandatory continuing

airworthiness information (MCAI)

issued by the airworthiness authority for

France. The actions specified in this AD

are intended to prevent the rudder

control from becoming jammed because

of the yaw damper control cables

slipping out of the groove on the tension

adjustment screw, which could result in

a reduction in the directional

controllability of the airplane.

DATES: Effective December 5, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of December

5, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

December 8, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Regional Counsel,

Attention: Rules Docket 97–CE–89–AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

Service information that applies to

this AD may be obtained from Avions

Pierre Robin, 1, route de Troyes, 21121

Darois-France; telephone: 03 80 44 20

50; facsimile: 03 80 35 60 80. This

information may also be examined at

the Federal Aviation Administration

(FAA), Central Region, Office of the

Regional Counsel, Attention: Rules

Docket No. 97–CE–89–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: Mr.

Karl M. Schletzbaum, Aerospace

Engineer, Small Airplane Directorate,

Airplane Certification Service, FAA,

1201 Walnut, suite 900, Kansas City,

Missouri 64106; telephone (816) 426–

6932; facsimile (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to Issuance of This AD

The Direction Ge ́ne ́rale de l’Aviation

Civile (DGAC), which is the

airworthiness authority for France,

recently notified the FAA that an unsafe

condition may exist on Avion Pierre

Robin Model R3000 airplanes that are

equipped with yaw damper

Modification No. 013. The DGAC

reports an incident where the yaw

damper jammed due to the cable

slipping out of the tension adjustment

screw during operation. This condition,

if not corrected in a timely manner,

could result in the rudder control

becoming jammed with possible

reduction in the directional

controllability of the airplane.

Relevant Service Information

Avions Pierre Robin has issued

Service Bulletin No. 152, dated

September 30, 1996, which specifies the

following:

—inspecting the bridle cable ends for

correct installation in the grooved

screw;

—inspecting for correct cable winding

on the capstan and correct cable

tension;

—correcting any discrepancies found;

and

—installing lockwire to the tension

adjustment screw.

The DGAC classified this service

bulletin as mandatory and issued

French AD 97–079(A), dated March 12,

1997, in order to assure the continued

airworthiness of these airplanes in

France.

The FAA’s Determination

This airplane model is manufactured

in France and is type certificated for

operation in the United States under the

provisions of section 21.29 of the

Federal Aviation Regulations (14 CFR

21.29) and the applicable bilateral

airworthiness agreement. Pursuant to

this bilateral airworthiness agreement,

the DGAC has kept the FAA informed

of the situation described above.

The FAA has examined the findings

of the DGAC; reviewed all available

information, including the service

information referenced above; and

determined that AD action is necessary

for products of this type design that are

certificated for operation in the United

States.

Explanation of the Provisions of This

AD

Since an unsafe condition has been

identified that is likely to exist or

develop on other Pierre Robin Model

R3000 airplanes of the same type design

registered in the United States that are

equipped with yaw damper

Modification No. 013, the FAA is

issuing an AD. This AD requires

inspecting the bridle cable ends for

correct installation in the grooved

screw, inspecting for correct cable

winding on the capstan and correct

cable tension, correcting any

discrepancies found, and installing

lockwire to the tension adjustment

screw. Accomplishment of the actions

of this AD would be in accordance with

the previously referenced service

bulletin.

Comments Invited

Although this action is in the form of

a final rule and was not preceded by

notice and opportunity for public

comment, comments are invited on this

rule. Interested persons are invited to

comment on this rule by submitting

such written data, views, or arguments

as they may desire. Communications

shall identify the Rules Docket number

and be submitted in triplicate to the

address specified under the caption

ADDRESSES. All communications

received on or before the closing date

for comments will be considered, and

this rule may be amended in light of the

comments received. Factual information

that supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of