67560 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations

special format make their verbatim

publication in the Federal Register

expensive and impractical. Further,

airmen do not use the regulatory text of

the SIAPs, but refer to their graphic

depiction on charts printed by

publishers of aeronautical materials.

Thus, the advantages of incorporation

by reference are realized and

publication of the complete description

of each SIAP contained in FAA form

documents is unnecessary. The

provisions of this amendment state the

affected CFR (and FAR) sections, with

the types and effective dates of the

SIAPs. This amendment also identifies

the airport, its location, the procedure

identification and the amendment

number.

The Rule

This amendment to part 97 is effective

upon publication of each separate SIAP

as contained in the transmittal. Some

SIAP amendments may have been

previously issued by the FAA in a

National Flight Data Center (FDC)

Notice to Airmen (NOTAM) as an

emergency action of immediate flight

safety relating directly to published

aeronautical charts. The circumstances

which created the need for some SIAP

amendments may require making them

effective in less than 30 days. For the

remaining SIAPs, an effective date at

least 30 days after publication is

provided.

Further, the SIAPs contained in this

amendment are based on the criteria

contained in the U.S. Standard for

Terminal Instrument Approach

Procedures (TERPS). In developing

these SIAPs, the TERPS criteria were

applied to the conditions existing or

anticipated at the affected airports.

Because of the close and immediate

relationship between these SIAPs and

safety in air commerce, I find that notice

and public procedure before adopting

these SIAPs are impracticable and

contrary to the public interest and,

where applicable, that good cause exists

for making some SIAPs effective in less

than 30 days.

The FAA has determined that this

regulation only involves an established

body of technical regulations for which

frequent and routine amendments are

necessary to keep them operationally

current. It, therefore—(1) is not a

‘‘significant regulatory action’’ under

Executive Order 12866; (2) is not a

‘‘significant rule’’ under DOT

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979); and (3)

does not warrant preparation of a

regulatory evaluation as the anticipated

impact is so minimal. For the same

reason, the FAA certifies that this

amendment will not have a significant

economic impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

Air traffic control, Airports,

Navigation (air).

Issued in Washington, DC on November 28,

1997.

Richard O. Gordon,

Acting Director, Flight Standards Service.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me, part 97 of the

Federal Aviation Regulations (14 CFR

part 97) is amended by establishing,

amending, suspending, or revoking

Standard Instrument Approach

Procedures, effective at 0901 UTC on

the dates specified, as follows:

PART 97—STANDARD INSTRUMENT

APPROACH PROCEDURES

1. The authority citation for part 97 is

revised to read as follows:

Authority: 49 U.S.C. 106(g), 40103, 40113,

40120, 44701; and 14 CFR 11.49(b)(2).

2. Part 97 is amended to read as

follows:

By amending: § 97.23 VOR, VOR/

DME, VOR or TACAN, and VOR/DME

or TACAN; § 97.25 LOC, LOC/DME,

LDA, LDA/DME, SDF, SDF/DME;

§ 97.27 NDB, NDB/DME; § 97.29 ILS,

ILS/DME, ISMLS, MLS, MLS/DME,

MLS/RNAV; § 97.31 RADAR SIAPs;

§ 97.33 RNAV SLAPs; and § 97.35

COPTER SLAPs, identified as follows:

* * * Effective January 1, 1998

Columbia, CA, Columbia, NDB OR GPS–A,

Orig, CANCELLED

St. Louis, MO, Lambert-St Louis Intl, VOR/

DME RWY 17, Orig

St. Louis, MO, Lambert-St Louis Intl, LDA/

DME RWY 12L, Amdt 5

St. Louis, MO, Lambert-St Louis Intl, LDA/

DME RWY 30L, Amdt 2

St. Louis, MO, Lambert-St Louis Intl, ILS

RWY 12L, Amdt 4

St. Louis, MO, Lambert-St Louis Intl, ILS

RWY 12R, Amdt 21

St. Louis, MO, Lambert-St Louis Intl, ILS

RWY 24R, Amdt 45

St. Louis, MO, Lambert-St Louis Intl, ILS

RWY 30L, Amdt 11

St. Louis, MO, Lambert-St Louis Intl, ILS

RWY 30R, Amdt 7

Omaha, NE, Eppley Airfield, ILS RWY 18,

Amdt 6

* * * Effective January 29, 1998

Camden, AR, Harrell Field, VOR/DME RWY

36, Amdt 8

Camden, AR, Harrell Field, NDB RWY 18,

Amdt 10

Mason City, IA, Mason City Muni, ILS RWY

35, Amdt 6

Columbus, OH, Port Columbus Intl, NDB OR

GPS RWY 10L, Amdt 8

Columbus, OH, Port Columbus Intl, ILS RWY

10L, Amdt 17

Columbus, OH, Port Columbus Intl, RADAR–

1, Amdt 17, CANCELLED

* * * Effective February 26, 1998

Guntersville, AL, Guntersville Muni, GPS–A,

Orig

Klawock, AK, Klawock, GPS RWY 1, Orig

Phoenix, AZ, Phoenix Sky Harbor Intl, VOR/

DME or GPS RWY 8R, Amdt 1,

CANCELLED

Phoenix, AZ, Phoenix Sky Harbor Intl, VOR/

DME–A, Orig

Phoenix, AZ, Phoenix Sky Harbor Intl, LOC

BC RWY 26L, Amdt 9

Phoenix, AZ, Phoenix Sky Harbor Intl, ILS

RWY 8R, Amdt 10

Phoenix, AZ, Phoenix Sky Harbor Intl, GPS

RWY 8R, Orig

Phoenix, AZ, Phoenix Sky Harbor Intl, GPS

RWY 26L, Orig

Fallbrook, CA, Fallbrook Community

Airpark, GPS RWY 18, Orig

Brooksville, FL, Hernando County, ILS RWY

9, Amdt 1

Orlando, FL, Executive, VOR/DME RWY 25,

Amdt 1

Orlando, FL, Executive, LOC BC RWY 25,

Amdt 20

Richmond, KY, Madison, VOR/DME OR GPS

RWY 18, Amdt 5

Duluth, MN, Sky Harbor, GPS RWY 32, Orig

Jackson, MN, Jackson Muni, NDB RWY 13,

Amdt 8

Jackson, MN, Jackson Muni, GPS RWY 31,

Orig

Hatteras, NC, Billy Mitchell, GPS RWY 25,

Amdt 1

Somerset, PA, Somerset County, LOC RWY

24, Amdt 3

Somerset, PA, Somerset County, NDB RWY

24, Amdt 5

Somerset, PA, Somerset County, GPS RWY 6,

Orig

Somerset, PA, Somerset County, GPS RWY

24, Orig

Fort Worth, TX, Bourland Field, GPS RWY

35, Orig

[FR Doc. 97–33755 Filed 12–24–97; 8:45 am]

BILLING CODE 4910–13–M

FEDERAL TRADE COMMISSION

16 CFR Part 305

Rule Concerning Disclosures

Regarding Energy Consumption and

Water Use of Certain Home Appliances

and Other Products Required Under

the Energy Policy and Conservation

Act (‘‘Appliance Labeling Rule’’)

AGENCY: Federal Trade Commission.

ACTION: Final rule revision.

SUMMARY: The Federal Trade

Commission (‘‘Commission’’) revises

Table 1 in section 305.9 of the

Commission’s Appliance Labeling Rule

(‘‘the Rule’’), to incorporate the latest
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations 67561

1 44 FR 66466. Since its promulgation, the rule

has been amended five times to include new

product categories—central air conditioners (52 FR

46888, Dec. 10, 1987), fluorescent lamp ballasts (54

FR 1182, Jan. 12, 1989), certain plumbing products

(58 FR 54955, Oct. 25, 1993), certain lamp products

(59 FR 25176, May 13, 1994), and pool heaters and

certain residential water heater types (59 FR 49556,

Sept. 28, 1994). Obligations under the rule

concerning fluorescent lamp ballasts, lighting

products, plumbing products and pool heaters are

not affected by the cost figures in this notice.

2 62 FR 64574.

3Sections 305.11(a)(5)(i)(H)(2) and (3) of the Rule

(16 CFR 305.11(a)(5)(i)(H)(2) and (3)) require that

labels for refrigerators, refrigerator-freezers, freezers,

clothes washers, dishwashers, water heaters, and

room air conditioners contain a secondary energy

usage disclosure in terms of an estimated annual

operating cost (labels for clothes washers and

dishwashers will show two such secondary

disclosures—one based on operation with water

heated by natural gas, and one on operation with

water heated by electricity). The labels also must

disclose, below this secondary estimated annual

operating cost, the fact that the estimated annual

operation cost is based on the appropriate DOE

energy cost figure, and must identify the year in

which the cost figure was published.

4The 1994 DOE cost figures were published by

DOE on December 29, 1993 (58 FR 68901), and by

the Commission on February 8, 1994 (59 FR 5699).

The current (1994) ranges of comparability for

storage-type water heaters were published on

September 23, 1994 (59 FR 48796). On August 21,

1995 (60 FR 43367), on September 16, 1996 (61 FR

48620), and again on August 25, 1997 (62 FR

44890), the Commission announced that the 1994

ranges for storage-type water heaters will continue

to remain in effect.

5The 1995 DOE cost figures were published by

DOE on January 5, 1995 (60 FR 1773), and by the

Commission on February 17, 1995 (60 FR 9296).

The current (1995) ranges of comparability for heat

pump water heaters were published on August 21,

1995 (60 FR 43367). The current (1995) ranges for

refrigerators, refrigerator-freezers, freezers, and

room air conditioners were published on November

13, 1995 (60 FR 56945). On September 16, 1996 (61

FR 48620), and again on August 25, 1997 (62 FR

44890), the Commission announced that the 1995

ranges for heat pump water heaters and room air

conditions would continue to remain in effect. On

October 28, 1996 (61 FR 55563), the Commission

announced that the 1995 rnages for refrigerators,

refrigerator-freezes would continue to remain in

effect.

figures for average unit energy costs as

published by the Department of Energy

(‘‘DOE’’) in the Federal Register on

December 8, 1997. Table I sets forth the

representative average unit energy costs

for five residential energy sources,

which the Commission revises

periodically on the basis of updated

information provided by DOE.

DATES: This rule is effective December

29, 1997. The mandatory dates for using

these revised DOE cost figures in

connection with the Appliance Labeling

Rule are detailed in the SUPPLEMENTARY

INFORMATION Section, below.

FOR FURTHER INFORMATION CONTACT:

James Mills, Attorney, 202–326–3035

Division of Enforcement, Federal Trade

Commission, Washington, D.C. 20580.

SUPPLEMENTARY INFORMATION: On

November 19, 1979, the Federal Trade

Commission issued a final rule in

response to a directive in section 324 of

the Energy Policy and Conservation Act

(‘‘EPCA’’), 42 U.S.C. 6201.1 The Rule

requires the disclosure of energy

efficiency, consumption, or cost

information on labels and in retail sales

catalogs for eight categories of

appliances, and mandates that the

energy costs, consumption, or efficiency

ratings be based on standardized test

procedures developed by DOE. The cost

information obtained by following the

test procedures is derived by using the

representative average unit energy costs

provided by DOE. Table 1 in 305.9(a) of

the Rule sets forth the representative

average unit energy costs to be used for

all cost-related requirements of the Rule.

As stated in 305.9(b), the Table is to be

revised periodically on the basis of

updated information provided by DOE.

On December 8, 1997, DOE published

the most recent figures for

representative average unit energy

costs.2 Accordingly, Table 1 is revised

to reflect these latest cost figures as set

forth below.

How and when industry members

must use (or not use) revised Table 1 to

calculate cost disclosures for labeling

and catalog sales is explained in detail

in the paragraphs below. In sum:

• Manufacturers of refrigerators,

refrigerator-freezers, freezers, clothes

washers, dishwashers, water heaters,

and room air conditioners are not

permitted to use the DOE cost figures

published today to calculate the

secondary operating cost figures on

labels for their products until the

Commission publishes new ranges of

comparability for those products.

• Manufacturers of refrigerators,

refrigerator-freezers, freezers, clothes

washers, dishwashers, and water heaters

have no need for the DOE cost figures

for making data submissions under

305.8. The energy use information they

must submit and use as primary energy

use descriptions on labels for these

products is now in terms of energy

consumption, not operating cost.

• Manufacturers of products covered

by the Rule must use the 1998 DOE cost

figures published today to calculate

operating cost representations in

catalogs, point of sale literature and

other point of sale representations, and

advertisements that are drafted and

printed after March 30, 1998.

• Beginning March 30, 1998

manufacturers of clothes dryers,

television sets, kitchen ranges and

ovens, and space heaters must begin

using the 1998 representative average

unit costs for energy in all operating

cost representations.

For Labeling of Products Covered by the

Commission’s Rule 3

Manufacturers of covered products

are not permitted to use the National

Average Representative Unit Costs

published today on labels for their

products until the Commission

publishes new ranges of comparability

for those products.

Manufacturers of storage-type water

heaters must continue to use the 1994

DOE cost figures (8.41 cents per

kilowatt-hour for electricity, 60.4 cents

per therm for natural gas, $1.054 per

gallon for No. 2 heating oil, and 98.3

cents per gallon for propane) in

determining the operating cost

disclosures on the labels on their

products. This is because the 1994 DOE

cost figures were in effect when the

1994 ranges of comparability for storagetype water heaters were published, and

those 1994 ranges are still in effect for

those products.4 Manufacturers of

storage-type water heaters must

continue to use the 1994 cost figures to

calculate the estimated annual operating

cost figures on their labels until the

Commission publishes new ranges of

comparability for storage-type water

heaters.

Manufacturers of refrigerators,

refrigerator-freezers, freezers, heat pump

water heaters, and room air conditioners

must continue to derive the operating

cost disclosures on labels by using the

1995 National Average Representative

Unit Costs (8.67 cents per kilowatt-hour

for electricity, 63 cents per therm for

natural gas, $1.008 per gallon for No. 2

heating oil, and 98.5 cents per gallon for

propane) that were in effect when the

current (1995) ranges of comparability

for these products were published.5

Manufacturers of refrigerators,

refrigerator-freezers, freezers, heat pump

water heaters, and room air conditioners

must continue to use the 1995 DOE cost

figures to calculate the operating cost

disclosure disclosed on labels until the

Commission publishes new ranges of

comparability for refrigerators,

refrigerator-freezers, freezers, heat pump

water heaters, or room air conditioners

based on future annual submissions of

data. In the notice announcing the new

ranges, the Commission also will

announce that operating cost

disclosures must be based on the DOE

cost figure for electricity in effect at that

time.

Manufacturers of instantaneous water

heaters must continue to base the

required secondary operating cost

disclosures on labels on the 1996

National Average Representative Unit
67562 Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations

6 61 FR 1366.

7 61 FR 5679.

8The current ranges for instantaneous water

heaters were published on September 16, 1996 (61

FR 48620). On August 25, 1997 (62 FR 44890), the

Commission announced that the 1996 ranges for

instantaneous water heaters would continue to

remain in effect.

9 61 FR 58679.

10 62 FR 5316.

11 The current (corrected) ranges for clothes

washers were published on August 6, 1997 (62 FR

42209); the current ranges for dishwashers were

published on August 25, 1997 (62 FR 44890).

12 59 FR 34014.

13 59 FR 63688.

Costs for electricity (8.6 centers per

kilowatt-hour), natural gas (62.6 cents

per therm), propane (90 cents per

gallon), and/or heating oil (92 cents per

gallon) that were published by DOE on

January 19, 1996,6 and by the

Commission on February 14, 1996,7 and

that were in effect when the 1996 ranges

of comparability for these products were

published.8

Manufacturers of clothes washers and

dishwashers must continue to base the

required secondary operating cost

disclosures on labels on the 1997

National Average Representative Unit

Costs for electricity (8.31 cents per

kilowatt-hour), natural gas (61.2 cents

per therm), propane (98 cents per

gallon), and/or heating oil (99 cents per

gallon) that were published by DOE on

November 18, 1996,9 and by the

Commission on February 5, 1997,10 and

that were in effect when the 1997 ranges

of comparability for these products were

published.11

For 1997 Submissions of Data Under

Section 305.8 of the Commission’s Rule

Manufacturers no longer need to use

the DOE cost figures in complying with

the data submission requirements of

305.8 of the Rule. Pursuant to

amendments to the Rule published on

July 1, 1994 12 (with extended

compliance dates published on

December 8, 1994 13), the estimated

annual operating cost is no longer the

primary energy usage descriptor for

refrigerators, refrigerator-freezers,

freezers, clothes washers, dishwashers,

and water heaters. Under the

amendments, the energy usage and the

ranges of comparability for those

product categories must be expressed in

terms of estimated annual energy

consumption (kilowatt-hour use per

year for electricity, therms per year for

natural gas, or gallons per year for

propane and oil). Thus, the 1998 (and

all subsequent) data submissions under

305.8 for these product categories

(which are to enable the Commission to

publish ranges of comparability) must

be made in terms of estimated annual

energy consumption, not cost. The

energy efficiency descriptors for the

other products covered by the Rule

(room air conditioners, furnaces, boilers,

central air conditioners, heat pumps,

and pool heaters) are unaffected by the

amendments mentioned above. The

annual data submission requirements

for those products, which are not based

on the DOE cost figures, will continue

to be in terms of energy efficiency.

For convenience, the annual dates for

data submission are repeated here:

Clothes washers: March 1

Water heaters: May 1

Furnaces: May 1

Room air conditioners: May 1

Pool Heaters: May 1

Dishwashers: June 1

Central air conditioners: July 1

Heat pumps: July 1

Refrigerator: August 1

Refrigerators-freezers: August 1

Freezers: August 1

For Energy Cost Representations

Respecting Covered Products in

Catalogs

Energy cost representations in

catalogs that are drafted and printed

while the 1998 cost figures are in effect

must be derived using the 1998 energy

costs beginning March 30, 1998.

For Energy Cost Representations

Respecting Products Covered by EPCA

But Not by the Commission’s Rule

Manufacturers of products covered by

section 323(c) of EPCA, 42 U.S.C.

6293(c), but not by the Appliance

Labeling Rule (clothes dryers, television

sets, kitchen ranges and ovens, and

space heaters) must use the 1998 DOE

energy costs in all operating cost

representations beginning March 30,

1998.

Regulatory Flexibility Act

The provisions of the Regulatory

Flexibility Act relating to a Regulatory

Flexibility Act analysis (5 U.S.C. 603–

604) are not applicable to this

proceeding because the amendments do

not impose any new obligations on

entities regulated by the Appliance

Labeling Rule. Thus, the amendments

will not have a ‘‘significant economic

impact on a substantial number of small

entities’’ (5 U.S.C. 605). The

Commission has concluded, therefore,

that a regulatory flexibility analysis is

not necessary, and certifies, under

Section 605 of the Regulatory Flexibility

Act (5 U.S.C. 605(b)), that the

amendments announced today will not

have a significant economic impact on

a substantial number of small entities.

List of Subjects in 16 CFR Part 305

Advertising, Energy conservation,

Household appliances, Labeling,

Reporting and recordkeeping

requirements.

PART 305—[AMENDED]

Accordingly, 16 CFR Part 305 is

amended as follows:

1. The authority citation for Part 305

continues to read:

Authority: 42 U.S.C. 6294.

2. Section 305.9(a) is revised to read

as follows:

§ 305.9 Representative average unit

energy costs.

(a) Table 1 contains the representative

unit energy costs to be utilized for all

requirements of this part.

TABLE 1.—REPRESENTATIVE AVERAGE UNIT COSTS OF ENERGY FOR FIVE RESIDENTIAL ENERGY SOURCES (1998)

Type of energy In commonly used terms As required by DOE test procedure Dollars per

million Btu 1

Electricity .................................................. 8.42¢/kWh 2 3 ........................................... $0.0842/kWh ........................................... $24.68

Natural Gas .............................................. 61.9¢/therm 4 or $6.36/MCF 5 6 ............... $0.00000619/Btu ..................................... 6.19

No. 2 heating oil ....................................... $.95/gallon 7 ............................................. $0.00000685/Btu ..................................... 6.85

Propane .................................................... $0.95/gallon 8 ........................................... $0.00001039/Btu ..................................... 10.39

Kerosene .................................................. $1.01/gallon 9 ........................................... $0.00000748/Btu ..................................... 7.48

1Btu stands for British thermal unit.

2 kWh stands for kilowatt hour.

3 1 kWh=3,412 Btu.

4 1 therm=100,000 Btu. Natural gas prices include taxes.

5 MCF stands for 1,000 cubic feet.
Federal Register / Vol. 62, No. 248 / Monday, December 29, 1997 / Rules and Regulations 67563

6For the purposes of this table, 1 cubic foot of natural gas has an energy equivalence of 1,027 Btu.

7For the purposes of this table, 1 gallon of No. 2 heating oil has an energy equivalence of 138,690 Btu.

8For the purposes of this table, 1 gallon of liquid propane has an energy equivalence of 91,333 Btu.

9For the purposes of this table, 1 gallon of kerosene has an energy equivalence of 135,000 Btu.

* * * * *

Donald S. Clark,

Secretary.

[FR Doc. 97–33686 Filed 12–24–97; 8:45 am]

BILLING CODE 6750–01–M

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 40

[Public Notice 2674]

VISAS: Public Charge

AGENCY: Department of State, Bureau of

Consular Affairs.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule amends Department

of State regulations by establishing

uniform procedures for the acceptance

of affidavits of support by consular

posts abroad as required by the

Immigration and Nationality Act (INA).

This rule is necessary to ensure proper

adjudication of immigrant visas under

the INA.

DATES: Effective Date: This interim rule

is effective on December 19, 1997.

Comment Date: Submit comments on or

before February 27, 1998.

ADDRESSES: Please submit written

comments to the Chief, Legislation and

Regulations Division, Visa Office, Room

L603-C, SA–1, Washington, D.C. 20520–

0106. Comments will be made available

for public inspection at the Department

of State’s Public Reading Room, 2201 C

Street, NW, Washington, DC, 20520.

FOR FURTHER INFORMATION CONTACT: Ron

Acker, Visa Regulations Coordinator,

Legislation and Regulations Division,

Visa Office, Room L603-C, SA–1,

Washington, DC, 20520–0106

(ackerrl@SA1WPOA.us-state.gov).

SUPPLEMENTARY INFORMATION: On

September 30, 1996, the President

signed the Illegal Immigration Reform

and Immigrant Responsibility Act of

1996 (IIRIRA), Pub. L. 104 208, which,

among numerous other changes,

amended section 212(a)(4) of the

Immigration and Nationality Act (INA)

to provide that an alien is excludable or

inadmissible to the United States based

upon the likelihood of becoming a

public charge if the alien is seeking an

immigrant visa, admission as an

immigrant, or adjustment of status as:

(a) An immediate relative, (b) a familybased immigrant, or (c) an employmentbased immigrant (if a sponsoring

relative is the petitioning employer or

owns a significant ownership interest in

the entity that is the petitioning

employer) unless the alien is the

beneficiary of an affidavit of support

filed under INA section 213A. INA

213A specifies the conditions that must

be met in order for an affidavit of

support to be acceptable for use by a

visa applicant to establish eligibility

under INA 212(a)(4)(C).

Under the provisions of IIRIRA (Title

V, Subtitle C, Section 551(c)), the

Attorney General is responsible for

promulgating the standard forms to be

used in connection with the filing of

affidavits of support and in establishing

the effective date upon which such

forms are required. The Immigration

and Naturalization Service (INS)

published an interim rule on October

20, 1997 (Federal Register, Vol. 62, No.

202, pp. 54346–54356) describing the

new ‘‘Affidavit of Support’’ (Form I–

864), and two ancillary forms, the

‘‘Contract Between Sponsor and

Household Member’’ (Form I–864A),

and the ‘‘Sponsor’s Notice of Change of

Address’’ (Form I–865). INS’s rule

included procedural instructions for

filling out the forms, and established

December 19, 1997 as the effective date

on which these forms would be required

for submission to immigration and

consular officers.

The net effect of the new affidavit of

support is that it is must be fully

executed in compliance with the

provisions of INA 213A in order for an

alien (as described above) to meet the

requirements of INA 212(a)(4)(C). An

affidavit of support that has been

appropriately executed and submitted

does not, however, necessarily establish

that an alien is not within the purview

of the public charge provisions of

212(a)(4)(A). That decision remains

vested with the reviewing immigration

or consular officer, who must be

satisfied that the alien is otherwise not

likely to become a public charge upon

entering the United States.

Accordingly, the Department is (1)

adding new regulations at 22 CFR

40.41(b) and (c), (2) amending

regulations at 22 CFR 40.41(a), (b), and

(d) to reflect the new affidavit of support

requirements, and (3), redesignating 22

CFR 40.41(b), (c), and (d) as 40.41(d),

(e), and (f), respectively. In addition, the

current description of the poverty line

contained in new 40.41(f), formerly (d),

is being eliminated and replaced with a

reference to new section, INA 213A(h),

which contains the definition of the

poverty line to be used for 213A

purposes. Since both the old and the

new description refer to the same

poverty line established by the

Department of Health and Human

Services, this change will simply make

uniform all references to the poverty

line for purposes of 212(a)(4) in

accordance with the latest description.

The new (f) is also retitled to reflect the

revised language.

Interim Rule

This rule modifies 22 CFR,

Subchapter E, Subpart E to reflect

changes made by IIRIRA. Title V,

Subtitle C, of IIRIRA, which is

implemented by this rule became

effective December 19, 1997. The

issuance of this rule as an interim rule,

with provisions for post-promulgation

public comments, is based upon the

‘‘good cause’’ exception found at 5

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

implements statutory provisions and an

effective date set under statutory

authority.

Pursuant to § 605(b) of the Regulatory

Flexibility Act, the Department has

assessed the potential impact of this

rule and it has been determined, and the

Assistant Secretary for Consular Affairs

hereby certifies, that it will not have a

significant economic impact on a

substantial number of small entities.

The rule has no economic effect beyond

that of the statutory requirements

already in effect which it implements.

As required by 5 U.S.C. chapter 8, the

Department has screened this rule and

determined that it is not a major rule, as

defined in 5 U.S.C. 80412.

This rule imposes no reporting or

record-keeping action on the public

requiring the approval of the Office of

Management and Budget under the

Paperwork Reduction Act.

This rule has been reviewed as

required by E.O. 12988 and determined

to meet the applicable regulatory

standards it describes. Although

exempted from E.O. 12866, this rule has

been reviewed to ensure consistency

with it.

List of Subjects in 22 CFR Part 40

Aliens, Immigrants, Immigration,

Nonimmigrants, Passports and visas.

In view of the foregoing, 22 CFR is

amended as follows: