Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 /Rules and Regulations 30109

Authority: 8 U.S.C. 1101, 1103, 1157, 1158,

1159, 1228, 1252, 1282; 8 CFR part 2.

4. Section 209.1 is revised to read as

follows:

§ 209.1 Adjustment of status of refugees.

The provisions of this section shall

provide the sole and exclusive

procedure for adjustment of status by a

refugee admitted under section 207 of

the Act whose application is based on

his or her refugee status.

(a) Eligibility. (1) Every alien in the

United States who is classified as a

refugee under part 207 of this chapter,

whose status has not been terminated, is

required to apply to the Service 1 year

after entry in order for the Service to

determine his or her admissibility under

section 212 of the Act.

(2) Every alien processed by the

Immigration and Naturalization Service

abroad and paroled into the United

States as a refugee after April 1, 1980,

and before May 18, 1980, shall be

considered as having entered the United

States as a refugee under section 207(a)

of the Act.

(b) Application. Upon admission to

the United States, every refugee entrant

shall be notified of the requirement to

submit an application for permanent

residence 1 year after entry. An

application for the benefits of section

209(a) of the Act shall be filed on Form

I–485, without fee, with the director of

the appropriate Service office identified

in the instructions which accompany

the Form I–485. A separate application

must be filed by each alien. Every

applicant who is 14 years of age or older

must submit a completed Form G–325A

(Biographical Information) with the

Form I–485 application. Following

submission of the Form I–485

application, a refugee entrant who is 14

years of age or older will be required to

execute a Form FD–258 (Applicant

Fingerprint Card) at such time and place

as the Service will designate.

(c) Medical examination. A refugee

seeking adjustment of status under

section 209(a) of the Act is not required

to repeat the medical examination

performed under § 207.2(c), unless there

were medical grounds of inadmissibility

applicable at the time of admission. The

refugee is, however, required to

establish compliance with the

vaccination requirements described

under section 212(a)(1)(A)(ii) of the Act,

by submitting with the adjustment of

status application a vaccination

supplement, completed by a designated

civil surgeon in the United States.

(d) Interview. The Service director

having jurisdiction over the application

will determine, on a case-by-case basis,

whether an interview by an immigration

officer is necessary to determine the

applicant’s admissibility for permanent

resident status under this part.

(e) Decision. The director will notify

the applicant in writing of the decision

of his or her application for admission

to permanent residence. If the applicant

is determined to be inadmissible or no

longer a refugee, the director will deny

the application and notify the applicant

of the reasons for the denial. The

director will, in the same denial notice,

inform the applicant of his or her right

to renew the request for permanent

residence in removal proceedings under

section 240 of the Act. There is no

appeal of the denial of an application by

the director, but such denial will be

without prejudice to the alien’s right to

renew the application in removal

proceedings under part 240 of this

chapter. If the applicant is found to be

admissible for permanent residence

under section 209(a) of the Act, the

director will approve the application

and admit the applicant for lawful

permanent residence as of the date of

the alien’s arrival in the United States.

An alien admitted for lawful permanent

residence will be issued Form I–551,

Alien Registration Receipt Card.

§ 209.2 [Amended]

5. In § 209.2, revise the term ‘‘district

director’’ to read ‘‘director’’ wherever it

appears in the following places:

a. Paragraph (a)(1) introductory text;

b. Paragraph (a)(2);

c. Paragraph (b); and

d. Paragraph (f).

6. Section 209.2 is further amended

by:

a. Revising paragraphs (c) and (d); and

by

b. Adding a sentence at the end of

paragraph (e), to read as follows:

§ 209.2 Adjustments of status of alien

granted asylum.

* * * * *

(c) Application. An application for the

benefits of section 209(b) of the Act may

be filed on Form I–485, with the correct

fee, with the director of the appropriate

Service office identified in the

instructions to the Form I–485. A

separate application must be filed by

each alien. Every applicant who is 14

years of age or older must submit a

completed Form G–325A (Biographic

Information) with the Form I–485

application. Following submission of

the Form I–485 application, every

applicant who is 14 years of age or older

will be required to execute a Form FD–

258 (Applicant Fingerprint Card) at

such time and place as the Service will

designate. Except as provided in

paragraph (a)(2) of this section, the

application must also be supported by

evidence that the applicant has been

physically present in the United States

for at least 1 year. If an alien has been

placed in deportation or exclusion

proceedings, the application can be filed

and considered only in proceedings

under section 240 of the Act.

(d) Medical examination. An alien

seeking adjustment of status under

section 209(b) of the Act 1 year

following the grant of asylum under

section 208 of the Act shall submit the

results of a medical examination to

determine whether any grounds of

inadmissibility described under section

212(a)(1)(A) of the Act apply. Form I–

693, Medical Examination of Aliens

Seeking Adjustment of Status, and a

vaccination supplement to determine

compliance with the vaccination

requirements described under section

212(a)(1)(A)(ii) of the Act must be

completed by a designed civil surgeon

in the United States and submitted at

the time of application for adjustment of

status.

(e) * * * The Service director having

jurisdiction over the application will

determine, on a case-by-case basis,

whether an interview by an immigration

officer is necessary to determine the

applicant’s admissibility for permanent

resident status under this part.

* * * * *

§ 209.2 [Amended]

8. In § 209.2, paragraph (f) is amended

by revising the reference to ‘‘parts 242

and 236’’ to read ‘‘part 240’’.

Dated: May 28, 1998.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 98–14655 Filed 6–2–98; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF ENERGY

10 CFR Part 1010

RIN 1990–AA19

Conduct of Employees

AGENCY: Department of Energy (DOE).

ACTION: Final rule.

SUMMARY: The Department of Energy

(DOE) is amending its regulations on

conduct of employees to remove an

exemption from application of the

financial conflict of interest prohibition.

The removal of this exemption is in

response to publication by the Office of

Government Ethics (OGE) of a

superseding, executive branch-wide

regulation that describes the
30110 Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 /Rules and Regulations

circumstances under which certain

financial interests are exempt from the

general prohibitions concerning acts

affecting a personal financial interest. In

addition, DOE is adding a reference to

OGE’s executive branch-wide regulation

in its cross-references provision.

EFFECTIVE DATE: June 3, 1998.

FOR FURTHER INFORMATION CONTACT:

Susan Beard (Deputy Assistant General

Counsel for Standards of Conduct),

Office of the Assistant General Counsel

for General Law, GC–80, U.S.

Department of Energy, 1000

Independence Avenue, S.W.,

Washington, D.C. 20585 (202/586–

1522).

SUPPLEMENTARY INFORMATION:

I. Background

DOE has had a longstanding

regulation, codified at 10 CFR 1010.105,

establishing that an employee’s

financial interest arising from the

ownership of stock in a widely

diversified mutual fund or other

regulated investment company that in

turn owns stock in, or bonds of, another

enterprise, is exempt from the

prohibition contained in 18 U.S.C. 208

(Acts Affecting a Personal Financial

Interest). Section 208(a) prohibits

employees of the executive branch from

participating in an official capacity in

particular matters in which they, or

certain persons or entities with whom

they have specified relationships, have

a financial interest.

On December 18, 1996, (61 FR 66830,

as corrected at 62 FR 1361 (January 9,

1997) and 62 FR 23127 (April 29,

1997)), OGE published a final executive

branch-wide rule entitled

‘‘Interpretation, Exemptions and Waiver

Guidance Concerning 18 U.S.C. 208

(Acts Affecting a Personal Financial

Interest),’’ which superseded DOE’s

waiver rule. OGE’s new rule, codified at

5 CFR part 2640 and made effective

January 17, 1997, describes, in subpart

B, certain financial interests that the

Director of OGE has determined,

pursuant to 18 U.S.C. 208(b)(2), to be

exempt from the general participation

prohibition because they are too remote

or too inconsequential to affect the

integrity of the services of the employee

to which the prohibition applies. At 5

CFR 2640.201(a), there is an exemption

for diversified mutual funds and unit

investment trusts, thereby superseding

DOE’s old waiver rule effective January

17, 1997 (see 5 CFR 2640.206 of OGE’s

regulation). Therefore, DOE is

publishing this final rule removing 10

CFR 1010.105 in its entirety. DOE is also

amending its cross-reference provision

at 10 CFR 1010.102 to add a reference

to OGE’s executive branch-wide

financial interests regulation.

II. Matters of Regulatory Procedure

Because DOE is required to delete the

superseded provisions of 10 CFR part

1010 relating to 18 U.S.C. 208(b)(2)

exemptions, with no discretion in the

matter, DOE finds, pursuant to 5 U.S.C.

553(b)(3)(B), that there is good cause not

to seek public comment on this rule, as

such comment is unnecessary.

Furthermore, consistent with 5 U.S.C.

553(d), DOE is making this interpretive

rule effective upon publication in the

Federal Register.

III. Review Under Executive Order

12866

DOE has determined that the removal

of 10 CFR 1010.105 is not considered to

be a ‘‘significant regulatory action’’

under Executive Order 12866, and,

therefore, is not subject to review by the

Office of Management and Budget.

IV. Review Under Paperwork

Reduction Act

This final rule contains no

information collection requirements as

defined in 44 U.S.C. 3502(2), and,

therefore, is not subject to the

requirements of the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

V. Federalism

The Department has analyzed this

rulemaking in accordance with the

principles and criteria contained in

Executive Order 12612 and has

determined that there are no federalism

implications that would warrant the

preparation of a Federalism Assessment.

VI. National Environmental Policy Act

The regulations being amended have

no current environmental effect and this

rulemaking will not change that status

quo. The Department has therefore

determined that this rule is covered

under the Categorical Exclusion found

at paragraph A.5 of Appendix A to

subpart D, 10 CFR part 1021, which

applies to a rulemaking amending an

existing regulation that does not change

the environmental effect of the

regulation being amended. Accordingly,

neither an environmental assessment

nor an environmental impact statement

is required.

VII. Review Under the Unfunded

Mandates Reform Act of 1995

Title II of the Unfunded Mandates

Reform Act of 1995 requires each

agency to assess the effects of Federal

regulatory action on State, local, and

tribal governments and the private

sector. Section 201 excepts agencies

from assessing effects on State, local, or

tribal governments or the private sector

of rules that incorporate requirements

specifically set forth in law. The

Department has determined that today’s

regulatory action does not impose a

Federal mandate on State, local, or tribal

governments or on the private sector.

VIII. Regulatory Flexibility Act

The Regulatory Flexibility Act, 5

U.S.C. 601 et seq., directs agencies to

prepare a regulatory flexibility analysis

whenever an agency is required to

publish a general notice of proposed

rulemaking for a rule. As discussed

above, the Department has determined

that prior notice and opportunity for

public comment is unnecessary and

contrary to the public interest. In

accordance with 5 U.S.C. 604(a), no

regulatory flexibility analysis has been

prepared for today’s rule.

IX. Review Under Executive Order

12988

With respect to the review of existing

regulations and the promulgation of

new regulations, section 3 of Executive

Order 12988, ‘‘Civil Justice Reform,’’ 61

FR 4729 (February 7, 1996), imposes on

Executive agencies the general duty to

eliminate drafting errors and ambiguity;

write regulations to minimize litigation;

provide a clear legal standard for

affected conduct rather than a general

standard; and promote simplification

and burden reduction. Section 3(c) of

Executive Order 12988 requires

Executive agencies to review regulations

in light of applicable standards in

section 3(a) and section 3(b) to

determine whether they are met. DOE

has completed the required review and

determined that, to the extent permitted

by law, this final rule meets the relevant

standards of Executive Order 12988.

X. Small Business Regulatory

Enforcement Fairness Act

In accordance with section 801 of the

Small Business Regulatory Enforcement

Act of 1996, 5 U.S.C. 801, DOE will

report to Congress the promulgation of

this rule prior to its effective date. This

rule is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(a).

List of Subjects in 10 CFR Part 1010

Conduct standards, Conflicts of

interest, Ethical conduct, Government

employees.
Federal Register / Vol. 63, No. 106 /Wednesday, June 3, 1998 /Rules and Regulations 30111

Issued in Washington, D.C. on May 22,

1998.

Eric J. Fygi,

Acting General Counsel, Department of

Energy.

For the reasons set out in the

preamble, 10 CFR part 1010 is amended

as follows:

PART 1010—CONDUCT OF

EMPLOYEES

1. The authority citation for part 1010

is revised to read as follows:

Authority: 5 U.S.C. 301, 303, 7301; 5

U.S.C. App. (Inspector General Act of 1978);

18 U.S.C. 208; E.O. 12674, 54 FR 15159, 3

CFR, 1989 Comp., p. 215, as modified by E.O.

12731, 55 FR 42547, 3 CFR, 1990 Comp., p.

306.

§ 1010.102 [Amended]

2. Section 1010.102 is amended by

revising the heading to read, ‘‘Crossreferences to employee ethical conduct

standards, financial disclosure

regulations, and other conduct rules.’’

and by adding immediately after ‘‘5 CFR

part 2634,’’ the words ‘‘the executive

branch-wide financial interests

regulations at 5 CFR part 2640,’’ before

the word ‘‘and.’’

§ 1010.105 [Removed]

3. Section 1010.105, Conflict of

interest waiver, is removed.

[FR Doc. 98–14714 Filed 6–2–98; 8:45 am]

BILLING CODE 6450–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–100–AD; Amendment

39–10556; AD 98–11–31]

RIN 2120–AA64

Airworthiness Directives; British

Aerospace Jetstream Model 3101

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to all British Aerospace (BAe)

Jetstream Model 3101 airplanes

equipped with a certain autopilot. This

AD requires modifying the autopilot

elevator electric system relays by

installing two additional relays and

associated wiring changes in the relay

box located under the right hand crew

seat. This AD is the result of mandatory

continuing airworthiness information

(MCAI) issued by the airworthiness

authority for the United Kingdom. The

actions specified by this AD are

intended to prevent failure of the

autopilot elevator electric system relays

for the up and down trim interlocks,

which could result in uncommanded

trim servo operation and possible loss of

control of the airplane.

DATES: Effective July 17, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of July 17,

1998.

ADDRESSES: Service information that

applies to this AD may be obtained from

British Aerospace Regional Aircraft,

Prestwick International Airport,

Ayrshire, KA9 2RW, Scotland;

telephone (01292) 479888; facsimile

(01292) 479703. 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–

100–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.

S.M. Nagarajan, Aerospace Engineer,

Small Airplane Directorate, Aircraft

Certification Service, FAA, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone: (816) 426–6934;

facsimile: (816) 426–2169.

SUPPLEMENTARY INFORMATION:

Events Leading to the Issuance of This

AD

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would

apply to all BAe Jetstream Model 3101

airplanes equipped with certain

autopilots was published in the Federal

Register as a notice of proposed

rulemaking (NPRM) on March 25, 1998

(63 FR 14383). The autopilot system that

would be affected by the NPRM is

installed under Jetstream Aircraft

Limited (JAL) Modifications JM3027,

3243, 3352, or 3483. These

modifications encompassed the

installation of an autopilot system that

has pitch-up and pitch-down relays

with an 800-hour life limit. The NPRM

proposed to require modifying the

autopilot system by installing two

additional relays and associated wiring

changes in the relay box located below

the right-hand crew seat in the cockpit.

This modification would remove the

existing 800-hour life limit on the pitchup and pitch-down relays.

Accomplishment of the proposed

action as specified in the NPRM would

be in accordance with Jetstream Series

3100/3200 Service Bulletin 22–JK 2628,

Revision 2, Original Issue: October 21,

1996.

The NPRM was the result of

mandatory continuing airworthiness

information (MCAI) issued by the

airworthiness authority for the United

Kingdom.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No

comments were received on the

proposed rule or the FAA’s

determination of the cost to the public.

The FAA’s Determination

After careful review of all available

information related to the subject

presented above, the FAA has

determined that air safety and the

public interest require the adoption of

the rule as proposed except for minor

editorial corrections. The FAA has

determined that these minor corrections

will not change the meaning of the AD

and will not add any additional burden

upon the public than was already

proposed.

Compliance Time of This AD

The compliance time of this AD is

presented in calendar time instead of

hours time-in-service (TIS). The FAA

has determined that a calendar time

compliance is the most desirable

method because this action removes an

existing 800-hour life limit on the pitchup and pitch-down relays in the

autopilot system. Therefore, to ensure

that the above-referenced condition is

corrected on all of the affected airplanes

within a reasonable period of time

without inadvertently grounding any

airplanes, a compliance schedule based

upon calendar time instead of hours TIS

is required.

Cost Impact

The FAA estimates that 189 airplanes

in the U.S. registry will be affected by

this AD, that it will take approximately

6 workhours per airplane to accomplish

this action, and that the average labor

rate is approximately $60 an hour. Parts

cost approximately $430 per airplane.

Based on these figures, the total cost

impact of this AD on U.S. operators is

estimated to be $149,310, or $790 per

airplane.

Regulatory Impact

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