Federal Register / Vol. 62, No. 58 / Wednesday, March 26, 1997 / Notices 103

as Note 2; and by inserting the following

as the new Note 1:

‘‘1. For purposes of this guideline—

‘Immigration and naturalization

offense’ means any offense covered by

Chapter Two, Part L.’’.

The Commentary to § 2L2.2 captioned

‘‘Application Note’’ is amended by

inserting the following as Note 3.

‘‘3. Prior felony conviction(s)

resulting in an adjustment under

subsection (b)(2) are also counted for

purposes of determining criminal

history points pursuant to Chapter Four,

Part A (Criminal History).’’.

Reason for Amendment: This

amendment implements section 211 of

the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996,

which directs the Commission to amend

the guidelines for offenses related to the

fraudulent use of government-issued

documents.

Emergency Amendment—Involuntary

Servitude

3. Amendment: Section 2H4.1(a) is

amended by deleting ‘‘(Apply the

greater)’’ and inserting in lieu thereof ‘‘:

22’’; and by deleting subdivisions (1)

and (2) in their entirety.

Section 2H4.1 is amended by

inserting the following additional

subsection:

‘‘(b) Specific Offense Characteristics

(1)(A) If any victim sustained

permanent or life-threatening bodily

injury, increase by 4 levels; (B) if any

victim sustained serious bodily injury,

increase by 2 levels.

(2) If a dangerous weapon was used,

increase by 2 levels.

(3) If any victim was held in a

condition of peonage or involuntary

servitude for (A) more than one year,

increase by 3 levels; (B) between 180

days and one year, increase by 2 levels;

or (C) more than 30 days but less than

180 days, increase by 1 level.

(4) If any other felony offense was

committed during the commission of, or

in connection with, the peonage or

involuntary servitude offense, increase

to the greater of:

(A) 2 plus the offense level as

determined above, or

(B) 2 plus the offense level from the

offense guideline applicable to that

other offense, but in no event greater

than level 43.’’.

The Commentary to § 2H4.1 captioned

‘‘Statutory Provisions’’ is amended by

inserting ‘‘241,’’ immediately before

‘‘1581’’.

The Commentary to § 2H4.1 captioned

‘‘Application Note’’ is amended by

deleting ‘‘Note’’ and inserting in lieu

thereof ‘‘Notes’’; by deleting Note 1 in

its entirety and inserting in lieu thereof

the following new note:

‘‘1. For purposes of this guideline—

‘A dangerous weapon was used’

means that a firearm was discharged, or

that a firearm or dangerous weapon was

otherwise used.

Definitions of ‘firearm,’ ‘dangerous

weapon,’ ‘otherwise used,’ ‘serious

bodily injury,’ and ‘permanent or lifethreatening bodily injury’ are found in

the Commentary to § 1B1.1 (Application

Instructions).’’; and by inserting the

following additional notes:

‘‘2. Under subsection (b)(4), ‘any other

felony offense’ means any conduct that

constitutes a felony offense under

federal, state, or local law (other than an

offense that is itself covered by this

subpart). When there is more than one

such other offense, the most serious

such offense (or group of closely related

offenses in the case of offenses that

would be grouped together under

§ 3D1.2(d)) is to be used. See

Application Note 3 of § 1B1.5

(Interpretation of References to other

Offense Guidelines).

3. If the offense involved the holding

of more than ten victims in a condition

of peonage or involuntary servitude, an

upward departure may be warranted.’’.

The Commentary to § 2H4.1 captioned

‘‘Background’’ is deleted in its entirety.

Reason for Amendment: This

amendment implements section 218 of

the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996,

which directs the Commission to review

the guideline for peonage, involuntary

servitude and slave trade offenses and

amend the guideline.

Note: The Commission proposes to repromulgate and submit to Congress by May

1, 1997, as permanent amendments the

forgoing emergency amendments. When the

Commission again considers these

amendments for re-promulgation as

permanent amendments, it may adopt an

amended version of § 2L1.1(b)(1)(A) and

§ 2L2.1(b)(1). The amended version would

provide for a three-level decrease if ‘‘an

offense was committed other than for profit

or the offense involved the smuggling,

transporting, or harboring only of the

defendant’s spouse or child (or both the

defendant’s spouse and child).’’ Such a

change could be expected to restrict

somewhat the number of defendants who

might otherwise qualify for the offense level

reduction. On the other hand, this approach

may provide a more realistic measure of

whether the overall character of the

smuggling offense was a not-for-profit

venture.

[FR Doc. 97–7607 Filed 3–25–97; 8:45 am]

BILLING CODE 2210–40–P

SMALL BUSINESS ADMINISTRATION

Data Collection Available for Public

Comments and Recommendations

ACTION: Notice and request for

comments.

SUMMARY: In accordance with the

Paperwork Reduction Act of 1995, this

notice announces the Small Business

Administration’s intentions to request

approval on a new, and/or currently

approved information collection.

DATES: Comments should be submitted

on or before May 27, 1997.

FOR FURTHER INFORMATION CONTACT:

Curtis B. Rich, Management Analyst,

Small Business Administration, 409 3rd

Street, S.W., Suite 5000, Washington,

D.C. 20416. Phone Number: 202–205–

6629.

SUPPLEMENTARY INFORMATION:

Title: ‘‘Request for Management and

Technical Assistance’’.

Type of Request: Revision of a

Currently Approved Collection.

Form No.: SBA Form 641B.

Description of Respondents:

Individuals that use the Business

Information Centers (BIC’s).

Annual Responses: 60,000.

Annual Burden: 120,000.

Comments: Send all comments

regarding this information collection to

Eunice Ricks, Business Initiatives

Specialist, Office Business Initiatives,

Small Business Administration, 409 3rd

Street, S.W., Suite 6100 Washington,

D.C. 20416. Phone No.: 202–205–7422.

Send comments regarding whether

this information collection is necessary

for the proper performance of the

function of the agency, accuracy of

burden estimate, in addition to ways to

minimize this estimate, and ways to

enhance the quality.

Dated: March 20, 1997.

Jacqueline White,

Chief, Administrative Information Branch.

[FR Doc. 97–7553 Filed 3–25–97; 8:45 am]

BILLING CODE 8025–01–P

DEPARTMENT OF STATE

[Public Notice 2461]

Office of Defense Trade Controls;

Statutory Debarment Under the

International Traffic in Arms

Regulations

AGENCY: Department of State.

ACTION: Notice.

SUMMARY: Notice is hereby given that

Electrodyne Systems Corporation has