Federal Register / Vol. 63, No. 13 / Wednesday, January 21, 1998 / Notices 3155

removal or deportation proceedings to

apply for such relief, without regard to

the time and number limitations on

motions to reopen.

NACARA also requires that the

Attorney General designate a specific

time period for filing motions to reopen

for such relief beginning no later than

60 days after the date of enactment of

NACARA and extending for a period not

to exceed 240 days. See section 309(g)

of IIRIRA, as amended by section 203(c)

of NACARA.

Who Is Eligible To File a Motion To

Reopen Under Section 203 of

NACARA?

As set forth in section 309(c)(5)(i) of

IIRIRA, as amended by section 203 of

NACARA, the following people may be

eligible to file a motion to reopen to

apply for suspension of deportation or

cancellation of removal under the

special rules of section 203 of NACARA,

if they have not been convicted at any

time of an aggravated felony:

1. Nationals of El Salvador who:

a. first entered the United States on or

before September 19, 1990;

b. registered for ABC benefits or

Temporary Protected Status (TPS) on or

before October 31, 1991; and

c. were not apprehended after

December 19, 1990, at time of entry.

2. Nationals of Guatemala who:

a. first entered the United States on or

before October 1, 1990;

b. registered for ABC benefits on or

before December 31, 1991; and

c. were not apprehended after

December 19, 1990 at time of entry.

3. Nationals of Guatemala or El

Salvador who applied for asylum with

INS on or before April 1, 1990.

4. Nationals of the Soviet Union,

Russia, any republic of the former

Soviet Union, Latvia, Estonia, Lithuania,

Poland, Czechoslovakia, Romania,

Hungary, Bulgaria, Albania, East

Germany, Yugoslavia, or any state of the

former Yugoslavia who:

a. entered the United States on or

before December 31, 1990;

b. applied for asylum on or before

December 31, 1991; and

c. at the time of filing were a national

of any of the countries listed above.

5. Spouses and children of a person

granted suspension of deportation or

cancellation of removal who is

described under classes 1–4 above.

6. Unmarried sons and daughters of a

parent granted suspension of

deportation or cancellation of removal

who is defined under classes 1–4 above,

if the unmarried son or daughter was 21

years or older at the time the parent was

granted suspension of deportation or

cancellation of removal. The unmarried

sons and daughters must have entered

the U.S. on or before October 1, 1990.

Procedures for Reopening

The Attorney General has designated

the period from January 16, 1998, until

September 11, 1998, for eligible aliens

to file a motion to reopen pursuant to

NACARA. Eligible aliens may file only

one such motion. The front page of the

motion and any envelope containing the

motion should include the notation

‘‘Special NACARA Motion.’’ The fee for

motions to reopen (currently $110) will

be waived for eligible aliens under

section 203 of NACARA.

If an alien has previously filed an

application for suspension of

deportation or cancellation of removal

with the Immigration Judge or the Board

of Immigration Appeals, he or she must

file a copy of that application or a new

application with the motion to reopen.

If the motion to reopen is granted and

the alien has previously filed an

application, the alien will not be

required to pay a new filing fee for the

suspension/cancellation application

If an alien has not previously filed an

application for suspension of

deportation or cancellation of removal,

the alien must submit a new application

with the motion to reopen. Nothing in

this notice changes the requirements

and procedures in 8 CFR 3.31(b),

103.7(b)(1), and 240.11(f) for paying the

application fee for suspension/

cancellation after a motion to reopen is

granted if such an application was not

previously filed. If an alien is required

to submit a new application form, the

alien should submit an Application for

Suspension of Deportation (Form EOIR–

40), whether he or she is in deportation

or removal proceedings.

Grants of Suspension and Cancellation

Under NACARA Not Conditional

Section 304(a)(3) of IIRIRA required

that grants of suspension/cancellation

be subject to a numerical limitation of

4,000 per fiscal year. Section 240A(e)(3)

of the Immigration and Nationality Act,

as amended by section 204(a) of

NACARA, however, provides that

applications for suspension of

deportation and cancellation of removal

granted pursuant to section 203 of

NACARA are not subject to that annual

limitation. Therefore, notwithstanding

the provisions of 8 CFR 240.21, grants

of suspension and cancellation pursuant

to section 203 of NACARA shall be

made without condition.

Dated: January 15, 1998.

Janet Reno,

Attorney General.

[FR Doc. 98–1520 Filed 1–16–98; 2:26 pm]

BILLING CODE 1531–26–M

DEPARTMENT OF JUSTICE

Office of Justice Programs

[OJP(OJP)–1152]

Fiscal Year 1998 Program Plan for the

Office of Justice Programs

AGENCY: Office of Justice Programs,

Justice.

ACTION: Notice of availability of Program

Plan.

SUMMARY: The Fiscal Year 1998 Program

Plan for the Office of Justice Programs

is now available on the Internet and in

hard copy.

FOR FURTHER INFORMATION CONTACT: The

Office of Congressional and Public

Affairs, 810 7th St., N.W., Washington,

D.C. 20531. Telephone (202) 307–0703.

Facsimile (202) 514–5958.

SUPPLEMENTARY INFORMATION: The

Assistant Attorney General for the

Office of Justice Programs (OJP) is

pleased to announce that the OJP

Program Plan for Fiscal Year 1998 is

now available both on the Internet and

in hard copy. This Program Plan details

the various programs that OJP funds and

supports.

The Program Plan is available from

the OJP website at http://

www.ojp.usdoj.gov/Plan. Printed copies

can be obtained from the address above.

Dated: January 14, 1998.

Laurie Robinson,

Assistant Attorney General, Office of Justice

Programs.

[FR Doc. 98–1316 Filed 1–20–98; 8:45 am]

BILLING CODE 4410–18–P

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

[Docket Number ICR 98–1]

Agency Information Collection

Activities: Proposed Collection;

Comment Request; Student Data Form

ACTION: Notice.

SUMMARY: The Department of Labor, as

part of its continuing effort to reduce

paperwork and respondent burden,

conducts a preclearance consultation

program to provide the general public

and Federal agencies with an