17048 Federal Register / Vol. 62, No. 68 / Wednesday, April 9, 1997 / Rules and Regulations

Cross-Reference to Subpart H of Part

1201

This amendment also includes a

change to 5 CFR 1209.3, ‘‘Application of

5 CFR part 1201,’’ to include a statement

that requests for attorney fees and

consequential damages in connection

with appeals under part 1209 are

governed by subpart H of part 1201.

Citations

All citations to MSPB decisions are to

West Publishing Company’s Merit

Systems Protection Board Reporter

(M.S.P.R.). This publication is available

in many law libraries and some public

libraries. It is also available in the MSPB

Library, 1120 Vermont Avenue, NW, 8th

Floor, Washington, DC, which is open to

the public between 1:00 and 5:00 PM,

Monday through Friday (excluding

Federal holidays).

The Board is publishing this rule as

an interim rule pursuant to 5 U.S.C.

1204(h).

List of Subjects in 5 CFR Part 1209

Administrative practice and

procedure, Civil rights, Government

employees.

Accordingly, the Board amends 5 CFR

part 1209 as follows:

PART 1209—[AMENDED]

1–2. The authority citation for part

1209 continues to read as follows:

Authority: 5 U.S.C. 1204, 1221, 2302(b)(8),

and 7701.

3. Section 1209.3 is amended by

adding at the end of the existing text the

following sentence:

§ 1209.3 Application of 5 CFR part 1201.

* * * The Board will apply the

provisions of subpart H of part 1201

regarding awards of attorney fees and

consequential damages under 5 U.S.C.

1221(g) to appeals governed by this part.

4. Section 1209.4 is amended by

removing ‘‘or’’ at the end of paragraph

(a)(9), by redesignating paragraph (a)(10)

as (a)(11) and revising it, and by adding

a new paragraph (a)(10) to read as

follows:

§ 1209.4 Definitions.

(a) * * *

* * * * *

(10) A decision to order psychiatric

testing or examination; or

(11) Any other significant change in

duties, responsibilities, or working

conditions.

* * * * *

5. Part 1209 is amended by adding

subpart E to read as follows:

Subpart E—Referrals to the Special

Counsel

§ 1209.13 Referral of findings to the

Special Counsel.

When the Board determines in a

proceeding under this part that there is

reason to believe that a current Federal

employee may have committed a

prohibited personnel practice described

at 5 U.S.C. 2302(b)(8), the Board will

refer the matter to the Special Counsel

to investigate and take appropriate

action under 5 U.S.C. 1215.

Dated: April 1, 1997.

Robert E. Taylor,

Clerk of the Board.

[FR Doc. 97–8644 Filed 4–8–97; 8:45 am]

BILLING CODE 7400–01–U

DEPARTMENT OF JUSTICE

Immigration and Naturalization

Service; Executive Office for

Immigration Review

8 CFR Part 3

[INS 1788–96; AG Order No. 2071–97]

RIN 1115–AE47

Immigration and Naturalization Service

and Executive Office for Immigration

Review; Inspection and Expedited

Removal of Aliens; Detention and

Removal of Aliens; Conduct of

Removal Proceedings; Asylum

Procedures; Correction

AGENCY: Immigration and Naturalization

Service and Executive Office for

Immigration Review.

ACTION: Correction to interim regulation.

SUMMARY: This document contains a

correction to the interim regulation,

published Thursday, March 6, 1997 (62

FR 10312), relating to inspection and

expedited removal of aliens, detention

and removal of aliens, conduct of

removal proceedings, and asylum

procedures.

EFFECTIVE DATE: April 9, 1997.

FOR FURTHER INFORMATION CONTACT:

Margaret M. Philbin, (703) 305–0470

(not a toll free call).

SUPPLEMENTARY INFORMATION:

Background

The interim regulation that is the

subject of these corrections amends the

regulations of the Immigration and

Naturalization Service and Executive

Office for Immigration Review to

implement the provisions of the Illegal

Immigration Reform and Immigrant

Responsibility Act of 1996 governing

expedited and regular removal

proceedings, handling of asylum claims,

and other activities involving the

apprehension, determination, hearing of

claims and ultimately the removal of

inadmissible and deportable aliens. This

rule also incorporates a number of

changes which are part of the

Administration’s reinvention and

regulation streamlining effort. On April

1, 1997, a correction notice (62 FR

15362, FR Doc. 97–8105) was published

correcting those technical errors

contained in the interim regulation.

This notice corrects an additional

technical error contained in the interim

regulation.

Need for Correction

As published, the interim regulation

contained errors which were in need of

clarification.

Correction of Publication

Accordingly, the publication on

March 6, 1997, of the interim regulation

(INS No. 1788–96; AG Order No. 2071–

97), which was the subject of FR Doc.

97–5250, is corrected as follows:

§ 3.23 [Corrected]

1. On page 10333, in the first column,

in § 3.23(b)(1), the reference to

‘‘§ 208.22(f)’’ at the end of paragraph

(b)(1) introductory text is removed and

is replaced with a reference to

‘‘§ 208.22(e)’’.

Rosemary Hart,

Federal Register Liaison Officer.

[FR Doc. 97–8984 Filed 4–8–97; 8:45 am]

BILLING CODE 4410–87–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM–132, Special Conditions

No. 25–ANM–124]

Special Conditions: Lockheed Martin

Aerospace Corp. Model L382J Airplane

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final special conditions.

SUMMARY: These special conditions are

for the Lockheed Martin Aerospace

Corp. Model L382J airplane. This

airplane will have a novel or unusual

design feature(s) associated with the

installation of a dual head up display

(HUD) to be used as a primary flight

display (PFD) for all regimes of normal

operation. The HUD will satisfy the

basic requirements of § 25.1321 and

serve as the primary source of flight