Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules 30419

family unit fall below the official

poverty guidelines; or

(3) The dependent receives

unauthorized public benefits.

Dated: May 28, 1998.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 98–14656 Filed 6–3–98; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 214

[INS 1769–96]

RIN 1115–AE–38

Petitioning Requirements for the H

Nonimmigrant Classification

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Proposed rule.

SUMMARY: This rule proposes to amend

the Immigration and Naturalization

Service’s (Service) regulations to

accommodate the needs of certain

United States employers with respect to

the filing of new and amended petitions

for H–1B nonimmigrant workers. This

rule was written in response to a

number of complaints received from

certain industries which asserted that

the current H regulations contain

requirements with which some U.S.

employers cannot comply. In addition,

the current regulations contain certain

procedures which are burdensome to

both the Service and to the public.

Specifically, this rule proposes to

amend the Service’s regulation with

regard to the submission of itineraries

with certain H–1B petitions and to

amend the Service’s regulations

regarding the H–1B classification by

allowing petitioners to obtain and

submit the required certified labor

condition application after the petition

is initially filed with the Service, but

before the petition is adjudicated.

Finally, this rule proposes to amend the

Service’s regulation regarding the

revocation of approved H petitions

where the beneficiary is no longer

employed by the petitioner. This rule

will make the H–1B nonimmigrant

classification easier for certain U.S.

employers to use and will make the

requirements for the H–1B

nonimmigrant classification more

consistent with the practices of the

business world.

DATES: Written comments must be

submitted on or before August 3, 1998.

ADDRESSES: Please submit written

comments, in triplicate, to the Policy

Directives and Instructions Branch,

Immigration and Naturalization Service,

425 I Street, NW., Room 5307,

Washington, DC 20536. To ensure

proper handling, please reference the

INS number 1769–96 on your

correspondence. Comments are

available for public inspection at the

above address by calling (202) 514–3048

to arrange for an appointment.

FOR FURTHER INFORMATION CONTACT:

John W. Brown, Adjudications Officer,

Adjudications Division, Immigration

and Naturalization Service, 425 I Street,

NW., Room 3214, Washington, DC

20536, telephone (202) 514–3240.

SUPPLEMENTARY INFORMATION: The

current regulation at 8 CFR

214.2(h)(2)(i)(B) provides that an H

petition which requires an alien

beneficiary to perform services in more

than one location must include an

itinerary with dates and locations of the

services or training to be performed.

This regulatory provision was

promulgated primarily to address

certain practices in the entertainment

industry, which, prior to the passage of

the Immigration Act of 1990, was one of

the largest users of the H–1B

classification. (Entertainers now

typically enter the United States in the

O and P nonimmigrant classifications.)

Specifically, this regulation was

intended to preclude foreign

entertainers who were admitted in H

classification for the purpose of

performing at a specific engagement

from engaging in freelance work in this

country subsequent to their admission.

The regulation was designed to ensure

that aliens seeking H nonimmigrant

status have an actual job offer and are

not coming to the United States for the

purpose of seeking employment

following arrival in this country.

Since promulgation of this regulation,

however, many industries in the United

States, such as the health care and

computer consulting industries, have

begun to rely more frequently on the use

of contract workers. It has been the

experience of the Service that many

bona fide businesses which provide

contract workers to certain industries

under the H–1B classification have

experienced difficulty in providing

complete and detailed itineraries due to

the unique employment practices of

such industries. For example,

companies which are in the business of

contracting out physical therapists or

computer professionals often get

requests from customers to fill a

position with as little as 1 day advance

notice. Clearly an H–1B petitioner in

this situation could not know of all

particular contract jobs at the time that

it first files the H–1B petition with the

Service. As a result, many such bona

fide employment contractors do not

know all of the locations where a

contract worker will be employed at the

time the Form I–129, Petition for a

Nonimmigrant Worker, is initially filed.

Moreover, some employers who use

the H–1B classification may have a

legitimate, but unforeseeable, need to

transfer their employees on short notice

from one work site to another within the

organization, such as from the

employer’s Los Angeles office to its New

York office. Under the current

regulation, however, such an employer

is required to submit with its petition a

complete itinerary listing all of the

locations where the contract workers

will be employed. The regulation as

now written, therefore, does not fully

reflect current legitimate business

practices.

In response to these problems, the

Service now proposes to amend its

regulations at 8 CFR 214.2(h)(2)(i)(B)

and at 8 CFR 214.2(h)(2)(i)(F) to allow

certain petitioners to submit a general

statement describing the locations

where the alien is to be employed,

thereby eliminating the necessity of

submitting a complete itinerary. A

complete itinerary must be submitted

only in those instances where the

employer is aware of the actual itinerary

or where the petitioner is an agent that

does not actually employ the beneficiary

but merely represents the alien and the

alien’s employer.

In those instances where the employer

does not yet know the alien’s complete

itinerary at the time the petition is filed,

the employer must submit, in lieu of a

complete itinerary, a list of the places

where it knows the beneficiary will

definitely be employed, together with a

description of the alien’s job duties at

those locations. In addition, the

employer must submit, to the extent

possible, a list describing the alien’s

possible places of employment and the

duties which the alien would perform at

such locations. The employer may also

be asked to submit a letter with the

petition describing its past hiring

practices, including a list of past places

where it has employed similarly

situated persons. The letter must

describe the employer’s tentative plans

to use the beneficiary in an H–1B

capacity in the future. However, the

absence of a past hiring practice is not

a bar to the approval of the petition.

Petitions filed without any itinerary

may not be approved since this type of

petition involves purely speculative

employment. Of course, the petitioner
30420 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules

must also submit all other documentary

evidence required by the regulation for

H–1B classification.

It is important to note that this

proposed rule affects only those entities

which are the actual employer of the

alien, such as employment contractors

and direct employers. In this regard, an

employment contractor is one which

employs the alien but assigns the alien

to work at a different location than the

contractor’s place of business, based on

the terms of a contract with a person or

entity seeking the employer’s services.

A direct employer is one which hires

the alien and assigns the alien to work

at the employer’s place of business. In

both instances, the petitioner is the

employer of the alien and retains the

ability to hire and fire the alien.

An agent who represents both the

alien and the alien’s employer is not the

alien’s employer and is required under

this proposed rule to submit a complete

itinerary. A typical example of this type

of agency is the sports agent who has a

contract with a sports star and who

solicits potential employers in order to

obtain the best deal for the alien.

Recruitment agencies and entities which

merely locate an alien for employers are

not the actual employer of the alien and

do not fit the Service’s definition of an

agent. As a result they may not file an

H–1B petition.

Historically, the Service has not

granted H–1B classification on the basis

of speculative, or undetermined,

prospective employment. The H–1B

classification is not intended as a

vehicle for an alien to engage in a job

search within the United States, or for

employers to bring in temporary foreign

workers to meet possible workforce

needs arising from potential business

expansions or the expectation of

potential new customers or contracts.

To determine whether an alien is

properly classifiable as an H–1B

nonimmigrant under the statute, the

Service must first examine the duties of

the position to be occupied to ascertain

whether the duties of the position

require the attainment of a specific

bachelor’s degree. See section 214(i) of

the Immigration and Nationality Act

(the ‘‘Act’’). The Service must then

determine whether the alien has the

appropriate degree for the occupation.

In the case of speculative employment,

the Service is unable to perform either

part of this two-prong analysis and,

therefore, is unable to adjudicate

properly a request for H–1B

classification. Moreover, there is no

assurance that the alien will engage in

a specialty occupation upon arrival in

this country.

To ensure that petitioners will not use

the H–1B classification for speculative

employment, this proposed regulation

would require petitioners to establish

that they, in fact, have employment in

a specialty occupation available for the

alien at the time that the petition is

initially filed. Under this proposed rule,

the petitioner would be required to

establish, both through the submission

of evidence relating to its past

employment practices and through the

submission of evidence relating to its

employment plans for the beneficiary,

that the alien will, in fact, commence

work in a speciality occupation

immediately upon admission in H

classification. The petitioner must be

able to demonstrate its need for the

alien’s services within the specialty

occupation described in the petition

when the petition is filed. It should be

noted that this proposed regulation

would not relieve the petitioner of its

responsibility to file an amended

petition when required, for example,

when the beneficiary’s transfer to a new

work site necessitates the filing of a new

labor condition application or when the

beneficiary is required to obtain a new

state license in order to commence

employment at the new location. In

light of the existing statutory

requirements for H–1B classification

and the Department of Labor’s

regulations regarding labor condition

applications, the Service is confident

that the proposed regulation would

ensure that U.S. workers continue to

receive protection from employers who

might attempt to abuse the H–1B

nonimmigrant classification.

Finally, as previously indicated, the

regulatory requirement relating to the

submission of a complete itinerary was

geared primarily for the entertainment

industry, which, in light of changes

under the Immigration Act of 1990,

generally no longer uses the H–1B

nonimmigrant classification. While it is

preferable that all H–1B petitions be

accompanied by complete itineraries

listing the dates and places of the alien’s

employment, the Service recognizes

such an across-the-board requirement is

no longer practical in today’s business

environment.

It should be noted that a petition filed

by an agent who is not the actual

employer of the alien, as described in 8

CFR 214.2(h)(2)(i)(F)(1), must be

accompanied by an itinerary. The

Service wishes to retain strict control

over petitions filed under these

circumstances since, as noted above,

this type of agent, unlike an

employment contractor, is not the actual

employer of the alien. In such a case,

unless the agent submits a complete

itinerary, the Service cannot be assured

that the alien will be employed

continuously as a specialty worker

following admission to this country.

Moreover, in such a situation, the

Service cannot approve the H

classification since there would not

exist a valid labor condition application

for each location where the alien will be

employed.

The Service recognizes that

implementation of this rule would

remove some of the controls which it

currently has over prospective H–1B

employers at the time they initially file

their petitions. To ensure that

employers have complied with the

terms of the initial petition and

supporting labor condition application,

the Service proposes to amend its

regulations at 8 CFR

214.2(h)(15)(ii)(B)(1) relating to

extensions of H–1B petitions to include

clear language providing Service

directors with the authority to require

petitioners to submit evidence regarding

the alien beneficiary’s employment

activities under the initial or prior

approved petition or petitions.

The Service also proposes to revise 8

CFR 214.2(h)(2)(i)(E) to provide concrete

examples of certain common situations

where an amended H–1B petition need

or need not be filed. While the examples

are by no means intended to be

exhaustive, the Service believes that

such clarification is in the public

interest. It should be noted that the

Service has previously provided

guidance to the public on this issue

through a policy memorandum dated

October 22, 1992, signed by James J.

Hogan, Executive Associate

Commissioner, Operations. Hence, the

examples described in the proposed

regulation merely codify longstanding

Service policy and practice.

The proposed rule addresses the

following situations. First, where an

employer is required, under relevant

Department of Labor regulations, to file

a new labor condition application, such

as following certain temporary or

permanent transfers, the employer will

also be required to file an amended

petition. On the other hand, when an H–

1B nonimmigrant is transferred by an

employer to another work site within

the area covered by the supporting labor

condition application, and there are no

other changes in the nature or terms of

the H–1B nonimmigrant’s employment,

the employer need not file an amended

petition. Second, an employer will be

required to file an amended petition

where the alien’s duties change from

one specialty occupation to another. An

employer need not file an amended

petition, however, where there is a mere
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules 30421

change in the petitioner’s name, without

a change in the underlying nature or

terms of the H–1B employment. In such

a situation, the petitioner may simply

notify the Service of its name change

when and if it files an application to

extend the alien’s nonimmigrant stay.

The Service is amenable to considering

additional suggestions from the public

for streamlining the amended petition

process.

The Service proposes to amend 8 CFR

214.2(h)(11) (i), (ii), and (iii) to indicate

that a petition for an H nonimmigrant

alien will be automatically revoked if

the petitioner notifies the Service that

the beneficiary is no longer employed

by the petitioning entity. Under the

current regulation, when the petitioner

notifies the Service that the beneficiary

is no longer employed by it in the

capacity specified in the petition, the

Service is required to send the

petitioner a notice of intent to revoke

the petition. (See 8 CFR

214.2(h)(11)(iii)(A)(1).) This process

requires the petitioner to respond to the

notice of intent, and then for the Service

to take action based on the petitioner’s

subsequent response. Since the

petitioner is the entity which supplied

the Service with the information

concerning the alien’s employment, the

current procedure creates unnecessary

burdens on both the petitioner and the

Service and, therefore, appears to be

inappropriate. Moreover, this proposed

change will bring the H regulation into

conformity with the O and P regulations

in this regard.

Regulatory Flexibility Act

The Commissioner of the Immigration

and Naturalization Service, in

accordance with the Regulatory

Flexibility Act (5 U.S.C. 605(b)), has

reviewed this regulation and, by

approving it, certifies that the rule will

not have a significant economic impact

on a substantial number of small

entities. This regulation eases certain

requirements which some businesses

find burdensome by allowing various

petitioners the option of submitting a

general statement describing the

locations where the beneficiary is to be

employed, along with other supporting

documentation, in lieu of submitting a

complete itinerary when filing an H–1B

petition.

In addition, the proposed rule also

eases other filing requirements

associated with the submittal of an H–

1B petition by allowing a petitioner the

option of submitting a required labor

condition application from the

Department of Labor after the petition

has been filed with the Service. Finally,

the regulation also eliminates the

requirement that a petitioner respond to

a notice of intent to revoke a petition in

instances where the petitioner initiated

the revocation process by notifying the

Service that the beneficiary is no longer

employed by the petitioner.

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement Act of

1996. This rule will not result in an

annual effect on the economy of $100

million or more; a major increase in

costs or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

Executive Order 12866

This rule is considered by the

Department of Justice, Immigration and

Naturalization Service, to be a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

Regulatory Planning and Review.

Accordingly, this regulation has been

submitted to the Office of Management

and Budget for review.

Executive Order 12612

The regulation proposed 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

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

it is determined that this rule does not

have sufficient Federalism implications

to warrant the preparation of a

Federalism Assessment.

Executive Order 12988

This proposed rule meets the

applicable standards set forth in

sections 3(a) and 3(b)(2) of E.O. 12988.

Paperwork Reduction Act

The information collection

requirement contained in this rule has

been cleared by the Office of

Management and Budget (OMB) under

the provisions of the Paperwork

Reduction Act. The OMB clearance

number for this collection is 1115–0168.

List of Subjects in 8 CFR Part 214

Administrative practice and

procedures, Aliens, Employment,

Reporting and recordkeeping

requirements.

Accordingly, chapter I of title 8 of the

Code of Federal Regulations is proposed

to be amended as follows:

PART 214—NONIMMIGRANT CLASSES

1. The authority citation for part 214

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1184,

1186a, 1187, 1221, 1281, 1282; 8 CFR part 2.

2. Section 214.2 is amended by:

a. Revising paragraph (h)(2)(i)(B);

b. Revising paragraph (h)(2)(i)(E);

c. Revising paragraph (h)(2)(i)(F);

d. Revising paragraph (h)(4)(i)(B)(1);

e. Revising paragraph (h)(4)(iii)(B)(1);

f. Revising paragraph (h)(11) (i), (ii),

and (iii); and by

h. Revising paragraph (h)(15)(ii)(B)(1)

to read as follows:

§ 214.2 Special requirements for

admission, extension, and maintenance of

status.

* * * * *

(h) * * *

(2) * * *

(i) * * *

(B) Services or training in more than

one location.—(1) H–1B petitions. An

H–1B petition which require services to

be performed or training to be received

in more than one location must include,

to the extent possible, a complete

itinerary with the dates and locations of

the services or training to be performed.

The petition must be filed with the

Service Center having jurisdiction over

the place where the petitioner is

located. The address which the

petitioner specifies as its location on the

petition shall be where the petitioner is

located for purposes of this paragraph.

If the petitioner has not yet determined

all of the locations where the

beneficiary might be employed at the

time of filing, the petitioner must

provide an itinerary of all definite

employment and provide a description

of any proposed or possible

employment for the period of time

covered by the petition. Petitions filed

by an agent must also comport with 8

CFR 214.2(h)(2)(i)(F).

(2) Other H petitions. A petition for an

H–2A, H–2B, or H–3 nonimmigrant

alien which requires services to be

performed or training to be received in
30422 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules

more than one location must include a

complete itinerary with the dates and

locations of the services or training to be

performed. The petition must be filed

with the Service Center having

jurisdiction over the area where the

petitioner is located. The address which

the petitioner specifies on the petition

as its location shall be where the

petitioner is located for purposes of this

paragraph.

* * * * *

(E) Amended petition—(1) General. A

nonimmigrant H petitioner which

continues to employ the beneficiary

shall file an amended petition on Form

I–129, with fee, with the Service Center

where the original petition was filed to

reflect any material changes in the terms

and conditions of the H nonimmigrant’s

employment or training, as specified in

the original approved petition. An

amended H–1B petition must be

accompanied by a current or new labor

condition application certified by the

Department of Labor. In the case of

amended H–2A or H–2B petitions, the

amended petition must be accompanied

by the appropriate Department of Labor

determination.

(2) H–1B petitions. An amended H–1B

petition shall be filed by the petitioner

in all cases where the petitioner is

required, under 20 CFR part 655, to

obtain a new certification of filing of a

labor condition application. An

amended H–1B petition must also be

filed where there is a change in the

beneficiary’s duties from one specialty

occupation to another specialty

occupation. A change in the name of the

petitioning entity, standing alone, is not

a material change and does not require

the filing of an amended petition. As

these examples are not all-inclusive, it

is the responsibility of the petitioner to

determine whether, in a particular case,

these exists a material change in the

terms and conditions of the H

nonimmigrant alien’s employment or

training necessitating the filing of an

amended petition.

(F) Agents as petitioners. A United

States agent may file a petition in cases

involving workers who are traditionally

self-employed or workers who use

agents to arrange short-term

employment on their behalf with

numerous employers, and in cases

where a foreign employer authorizes the

agent to act on its behalf. A United

States agent may be: the actual employer

of the beneficiary, the representative of

both the employer and the beneficiary,

or, a person or entity authorized by the

employer to act for, or in place of, the

employer as its agent. A petition filed by

a United States agent must also comply

with the provisions of 8 CFR

214.2(h)(2)(i)(B) and is subject to the

following conditions:

(1) An agent performing the function

of an employer, such as where the agent

acts as an employment contractor,

should provide an itinerary of all

definite employment and provide a

description of any proposed or possible

employment for the period of time

covered by the petition. Such an agent

need not submit a complete itinerary. A

petition filed by such an agent/employer

must guarantee the wages and other

terms and conditions of employment by

contractual agreement with the

beneficiary or beneficiaries of the

petition.

(2) A person or company in business

as an agent may file the H petition

involving multiple employers as the

representative of both the employers

and the beneficiary or beneficiaries if

the supporting documentation includes

a complete itinerary of services or

engagements, the agent has fully

informed both the employers and the

beneficiaries of his or her dual

representation, and the agent fully

complies with the requirements of 8

CFR part 292. The itinerary shall specify

the dates of each service or engagement,

the names and addresses of the actual

employers, and the names and

addresses of the establishments, venues,

or locations where the services will be

performed. In questionable cases, a

contract between the employers and the

beneficiary or beneficiaries may be

required. The burden is on the agent to

explain the terms and conditions of the

employment and to provide any

required documentation.

(3) A foreign employer who, through

a United States agent, files a petition for

an H nonimmigrant alien is responsible

for complying with all of the employer

sanctions provisions of section 274A of

the Act and 8 CFR part 274a.

* * * * *

(4) * * *

(i) * * *

(B) General requirements for petitions

involving a specialty occupation. (1)

Before filing a petition for H–1B

classification in a specialty occupation,

the petitioner should obtain a

certification from the Department of

Labor that it has filed a labor condition

application in the occupational

specialty in which the alien(s) will be

employed. If the labor condition

application is not initially submitted

with the petition, the petitioner shall be

given an opportunity to obtain a

certified labor condition application

from the Secretary of Labor and to

submit the certified labor condition

application to the Service. Under no

circumstances, however, may the

Service approve the petition prior to

submission of a certified labor condition

application. The fact that the

certification date on the labor condition

application may be later than the initial

filing date of the petition is not a basis

on which to deny the petition.

* * * * *

(iii) * * *

(B) * * *

(1) A certification from the

Department of Labor that the petitioner

has filed a labor condition application

with the Secretary of Labor as required

under 20 CFR part 655. If the labor

condition application is not initially

submitted with the petition, the

petitioner shall be given an opportunity

to obtain a certified labor condition

application from the Secretary of Labor

and to submit the certified labor

condition application to the Service. In

all cases, a certified labor condition

application must be submitted to the

Service before the petition may be

adjudicated. The fact that the

certification date on the labor condition

application may be later than the initial

filing date of the petition does not

warrant the denial of the petition.

* * * * *

(11) Revocation of approval of

petition (i) General. The director may

revoke a petition at any time, even after

the expiration of the petition.

(ii) Automatic revocation. The

approval of any petition is automatically

revoked if the petitioner goes out of

business, files a written withdrawal of

the petition, or notifies the Service

pursuant to 8 CFR part 214 that the

beneficiary is no longer employed by

the petitioner.

(iii) Revocation on notice. (A)

Grounds for revocation. The director

shall send to the petitioner a notice of

intent to revoke the petition in relevant

part if he or she finds that:

(1) Other than through notification in

paragraph (h)(11)(ii) of this section, the

beneficiary is no longer employed by

the petitioner in the capacity specified

in the petition, or if the beneficiary is no

longer receiving training as specified in

the petition;

(2) The statement of facts contained in

the petition was not true and correct;

(3) The petitioner violated terms and

conditions of the approved petition;

(4) The petitioner violated

requirements of section 101(a)(15)(H) of

the Act or paragraph (h) of this section;

or

(5) The approval of the petition

violated paragraph (h) of this section or

involved gross error.
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Proposed Rules 30423

(B) Notice and decision. The notice of

intent to revoke shall contain a detailed

statement of the grounds for the

revocation and the time period allowed

for the petitioner’s rebuttal. The

petitioner may submit evidence in

rebuttal within 30 days of receipt of the

notice. The director shall consider all

relevant evidence presented in deciding

whether to revoke the petition in whole

or in part. If the petition is revoked in

part, the remainder of the petition shall

remain approved and a revised approval

notice shall be sent to the petitioner

with the revocation notice.

* * * * *

(15) * * *

(ii) * * *

(A) * * *

(B) H–1B extension of stay—(1) Alien

in a specialty occupation or an alien of

distinguished merit and ability in the

field of fashion modeling. An extension

of stay may be authorized for a period

of up to 3 years for a beneficiary of an

H–1B petition in a specialty occupation

or an alien of distinguished merit and

ability. The alien’s total period of stay

may not exceed 6 years. The request for

an extension must be accompanied by

either a new certification from the

Department of Labor valid for the

extension period requested, or a

photocopy of the prior certification from

the Department of Labor indicating that

the petitioner has on file a labor

condition application valid for the

period of time requested by the

petitioner for the particular occupation.

The director may require the petitioner

to submit any evidence which in the

director’s discretion may be necessary to

establish that the petitioner has

employed the alien pursuant to the

terms of the prior petition(s) and labor

condition application(s).

* * * * *

Dated: May 29, 1998.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 98–14785 Filed 6–3–98; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. NM148; Notice No. 25–98–03–

SC]

Special Conditions: Boeing Model 777

Series Airplanes; Seats With

Articulating Seat Backs

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed special

conditions.

SUMMARY: This notice proposes special

conditions for Boeing Model 777 series

airplanes. These airplanes will have

novel and unusual design features

associated with seats with articulating

seat backs. The applicable regulations

do not contain adequate or appropriate

safety standards for this design feature.

The proposed special conditions

contain the additional safety standards

that the Administrator considers

necessary to establish a level of safety

equivalent to that provided by the

existing airworthiness standards.

DATES: Comments must be received on

or before July 20, 1998.

ADDRESSES: Comments on this proposal

may be mailed in duplicate to: Federal

Aviation Administration, Office of the

Regional Counsel, Attn: Rules Docket

(ANM–7), Docket No. NM148, 1601

Lind Avenue SW, Renton, Washington,

98055–4506; or delivered in duplicate to

the Office of the Regional Counsel at the

above address. Comments must be

marked: Docket No. NM148. Comments

may be inspected in the Rules Docket

weekdays, except Federal holidays,

between 7:30 a.m. and 4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Jeff

Gardlin, Propulsion, Mechanical

Systems, and Crashworthiness Branch,

ANM–112, Transport Airplane

Directorate, Aircraft Certification

Service, FAA, 1601 Lind Avenue SW.,

Renton, Washington 98055–4056;

telephone (206) 227–2136; facsimile

(425) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of these

special conditions by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the regulatory docket or

notice number and be submitted in

duplicate to the address specified above.

All communications received on or

before the closing date for comments

will be considered by the Administrator.

The proposals described in this notice

may be changed in light of the

comments received. All comments

submitted will be available in the Rules

Docket for examination by interested

persons, both before and after the

closing date for comments. A report

summarizing each substantive public

contact with FAA personnel concerning

this rulemaking will be filed in the

docket. Persons wishing the FAA to

acknowledge receipt of their comments

submitted in response to this request

must submit with those comments a

self-addressed, stamped postcard on

which the following statement is made:

‘‘Comments to Docket No. NM148.’’ The

postcard will be date stamped and

returned to the commenter.

Background

On April 15, 1998, the Boeing

Company applied for a change to Type

Certificate No. T00001SE to include

Model 777 series airplanes equipped

with seats with articulating seat backs

(seats that have a portion of the seat

back that moves under inertia loads).

Sicma Aero Seat, a Boeing supplier, has

designed a seat for installation on a

Boeing 777–300 airplane with an

articulating seat back that is designed to

rotate forward under a prescribed

inertial load. The prescribed inertial

load is slightly below the 16g test

condition of § 25.562. The inertial load

causes the seat back mounted video

monitor and headrest assembly to

partially separate from the seat back and

pivot forward. The goal of the design is

to reduce the mass of the upper seat

back subject to impact, thereby reducing

the Head Injury Criteria (HIC)

measurement and enhancing passenger

safety.

Section 25.562 specifies that dynamic

tests must be conducted for each seat

type installed in the airplane. The pass/

fail criteria for these seats include

structural as well as human tolerance

criteria. In particular, the regulations

require that persons not suffer serious

head injury under the conditions

specified in the tests, and that a HIC

measurement of not more than 1000

units be recorded, should contact with

the cabin interior occur. While the test

conditions described in this section are

specific, it is the intent of the

requirement that an adequate level of

head injury protection be provided for

crash severities up to and including that

specified.

The FAA has established guidance,

known as ‘‘simplified HIC certification,’’

which provides a simplified procedure

for demonstrating compliance with the

HIC requirements of § 25.562(c)(5). This

procedure provides test conditions that

meet the intent of the requirements,

without causing excessive testing to be

performed. The typical seat back has

three areas that are considered head

strike zones within the +/¥10 degree

yaw range of impact orientation. The

procedure describes two different tests

that address these three head strike

zones for the majority of cases.

Because § 25.562 and FAA guidance

do not adequately address seats with

articulating seat backs, the FAA

recognizes that appropriate pass/fail