Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 /Rules and Regulations 31895

(iv) Falls within one of the six classes

described in paragraph (b)(4) of this

section.

(2) A motion to reopen filed without

an application for suspension of

deportation or cancellation of removal

shall not be considered complete until

it has been supplemented with the

application for suspension of

deportation or cancellation of removal

and all other supporting documentation.

An alien shall have until February 8,

1999 to complete that motion. A motion

to reopen filed without an application

and supporting documents will not be

adjudicated until it is completed with

the required application for suspension

of deportation or cancellation of

removal and supporting documents. The

Service shall have 45 days from the date

of service of the application for

suspension of deportation or

cancellation of removal to respond to

that completed motion. If the alien fails

to file the required application by 150

days after September 11, 1998 the

motion will be denied as abandoned.

(c) Fee for motion to reopen waived.

No filing fee is required for a motion to

reopen to apply for suspension of

deportation or cancellation of removal

under the special rules of section 309(g)

of IIRIRA, as amended by section 203(c)

of NACARA.

(d) Jurisdiction over motions to

reopen under section 203 of NACARA

and remand of appeals. (1)

Notwithstanding any other provisions,

any motion to reopen filed pursuant to

the special rules of section 309(g) of

IIRIRA, as amended by section 203(c) of

NACARA, shall be filed with the

Immigration Court, even if the Board of

Immigration Appeals issued an order in

the case. The Immigration Court that

last had jurisdiction over the

proceedings will adjudicate a motion to

reopen filed pursuant to the special

rules of section 309(g) of IIRIRA, as

amended by section 203(c) of NACARA.

(2) The Board will remand to the

Immigration Court any presently

pending appeal in which the alien

appears eligible to apply for suspension

of deportation or cancellation of

removal under the special rules of

section 309(g) of IIRIRA, as amended by

section 203 of NACARA, and appears

prima facie eligible for that relief. The

alien will then have the opportunity to

apply for suspension or cancellation

under the special rules of NACARA

before the Immigration Court.

Dated: June 5, 1998.

Janet Reno,

Attorney General.

[FR Doc. 98–15588 Filed 6–10–98; 8:45 am]

BILLING CODE 4410–30–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 1751–96]

RIN 1115–AE29

Effect of Parole of Cuban and Haitian

Nationals on Resettlement Assistance

Eligibility

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule.

SUMMARY: This rule adopts without

change an interim rule published by the

Immigration and Naturalization Service

(Service) in the Federal Register on July

12, 1996. The interim rule amended

Service regulations to clarify that, with

certain exceptions specified in the

interim rule, nationals of Cuba or Haiti

who were paroled into the United States

since October 10, 1980, are to be

considered to have been paroled in an

immigration status referred to in section

501(e)(1) of the Refugee Education

Assistance Act of 1980, Pub. L. 96–422,

dated October 10, 1980, as amended.

This amendment was necessary to

ensure that these aliens are not

inadvertently considered to hold an

immigration status other than the status

referred to in section 501(e)(1).

DATES: This rule is effective June 11,

1998.

FOR FURTHER INFORMATION CONTACT:

Janice B. Podolny, Associate General

Counsel, Chief of Examinations

Division, Office of the General Counsel,

Immigration and Naturalization Service,

Room 6100, 425 I Street NW.,

Washington, DC 20536, telephone: (202)

514–2895. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: On July

12, 1996, the Service published an

interim rule in the Federal Register at

61 FR 36610–11. The interim rule

clarified that, with certain exceptions

specified in the interim rule, nationals

of Cuba and Haiti who were paroled

into the United States since October 10,

1980, are to be considered to have been

paroled in the immigration status

referred to in section 501(e)(1) of the

Refugee Education Assistance Act of

1980, as amended.

The comment period expired

September 10, 1996. The Service

received only one comment, from a

commenter who supported the

promulgation of this rule. The

commenter made further comments

regarding the expiration of the validity

of Forms I–94 issued to parolees, and

the parolees’ concomitant need to obtain

extensions of their parole and of their

employment authorization. Since these

further comments do not relate to the

purpose and substance of the interim

rule, nor of this final rule, the Service

need not address these further

comments in promulgating this final

rule.

Effective Date

Because of the urgent need to clarify

the status of the aliens affected by the

interim rule, the Commissioner found

that good cause existed to make the

interim rule effective on July 12, 1996,

the date the Service published the

interim rule in the Federal Register, as

stated at 61 FR 36611. This final rule

makes no substantive change. For this

reason, the Commissioner finds that

good cause also exists to make this final

rule effective upon publication in the

Federal Register, as permitted under 5

U.S.C. 553.

Regulatory Flexibility Act

In accordance with 5 U.S.C. 605(b),

the Commissioner certifies that this

final rule does not have a significant

economic impact on a substantial

number of small entities. The factual

basis for this certification is that this

rule simply clarifies the immigration

status that the affected aliens already

hold, and does not alter the rights or

obligations of any person or entity.

Unfunded Mandates Reform Act of

1995

This final rule is not a Federal

mandate, as defined by 2 U.S.C. 658. For

this reason, it is not necessary to

conduct the analyses provided for under

the Unfunded Mandates Reform Act of

1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This final rule is not a major rule, as

defined by 5 U.S.C. 804(2).

Executive Order 12866

The Commissioner does not consider

this rule to be a ‘‘significant regulatory

action’’ under Executive Order 12866,

section 3(f), Regulatory Planning and

Review, and the Office of Management

and Budget has waived the required

review.

Executive Order 12612

This final rule will not have

substantial direct effects on the States,

on the relationship between the Federal

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,
31896 Federal Register / Vol. 63, No. 112 /Thursday, June 11, 1998 /Rules and Regulations

the Commission has determined that

this final rule does not have sufficient

Federalism implications to warrant the

preparation of a Federalism Assessment.

Executive Order 12988 Civil Justice

Reform

This rule meets the applicable

standards set forth in sections 3(a) and

3(b)(2) of E.O. 12988.

List of Subjects in 8 CFR Part 212

Administrative practice and

procedure, Aliens, Immigration.

Accordingly, the interim rule

amending 8 CFR part 212, which was

published in the Federal Register at 61

FR 36610–36611 on July 12, 1996, is

adopted as a final rule without change.

Dated: May 14, 1998.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 98–15542 Filed 6–10–98; 8:45 am]

BILLING CODE 4410–10–M

SMALL BUSINESS ADMINISTRATION

13 CFR Parts 121, 125, and 126

HUBZone Empowerment Contracting

Program

AGENCY: Small Business Administration.

ACTION: Final rule.

SUMMARY: The HUBZone Act of 1997,

Title VI of Public Law 105–135, enacted

on December 2, 1997 (111 Stat. 2592),

created the HUBZone Empowerment

Contracting Program (hereinafter ‘‘the

HUBZone Program’’). This final rule

adds a new Part 126 to Title 13 of the

Code of Federal Regulations to

implement the HUBZone program.

DATES: The effective date of this rule is

September 9, 1998. However, at the

conclusion of the congressional review,

if the effective date has been changed,

the Small Business Administration

(SBA) will publish a document in the

Federal Register to establish the actual

effective date or to terminate the rule.

FOR FURTHER INFORMATION CONTACT:

Michael McHale, Assistant

Administrator, Office of Procurement

Policy and Liaison, 409 Third Street,

SW, Washington, DC 20416, (202) 205–

6731.

SUPPLEMENTARY INFORMATION: On April

2, 1998, SBA published a proposed rule

to implement the HUBZone program.

See 63 FR 16148. The proposed rule set

forth the program requirements for

qualification as a HUBZone small

business concern (HUBZone SBC), the

federal contracting assistance available

to qualified HUBZone SBCs, and other

aspects of this program. SBA published

a technical correction on April 14, 1998.

See 63 FR 18150.

The public comment period closed on

May 4, 1998. SBA received 35 comment

letters on the proposed rule. This final

rule includes changes based on some of

the comments received.

Section-by-Section Analysis

The conforming amendments to Part

121 of this title remain as proposed.

However, SBA has added a second

conforming amendment to Part 125 of

this title. Section 125.2 of this title must

be amended to include HUBZone

contracts in the contracts reviewed by

SBA’s procurement center

representatives.

A new part 126 is added to Title 13

of the Code of Federal Regulations to

implement the HUBZone program.

Section 126.100 explains that the

purpose of the HUBZone program is to

provide federal contracting assistance

for qualified small business concerns

(SBC) located in historically

underutilized business zones in an

effort to increase employment

opportunities and investment in those

areas. SBA received no comments

concerning this section and it remains

as proposed.

Section 126.101 lists the departments

and agencies affected directly by the

HUBZone program. SBA received no

comments concerning this section and it

remains as proposed.

Section 126.102 describes the effect

the HUBZone program will have on the

8(d) subcontracting program. The

HUBZone Act of 1997 amended section

8(d) of the Small Business Act, 15

U.S.C. 637(d), to include qualified

HUBZone SBCs in the formal

subcontracting plans required by 8(d) of

the Small Business Act and described in

section 125.3 of this title. Two

comments on this section stated that

SBA has not adequately addressed how

SBA will implement the inclusion of

qualified HUBZone SBCs in the 8(d)

subcontracting assistance program. SBA

refers commenters to changes made to

section 125.3 of this title, concerning

SBA’s 8(d) subcontracting program, to

implement the inclusion of qualified

HUBZone SBCs in this program.

Changes to the Federal Acquisition

Regulation also will need to be made to

further implement these changes. This

section remains as proposed.

Section 126.103 defines terms that are

important to the HUBZone program.

SBA received comments regarding

several of the proposed definitions.

In defining some terms essential to

the HUBZone program, the HUBZone

Act of 1997 relied upon definitions

provided by other federal agencies. This

final rule cross-references those

definitions for use in connection with

the HUBZone program.

HUBZone definition: The HUBZone

Act defines a HUBZone as ‘‘a

historically underutilized business zone

which is in an area located within one

or more qualified census tracts,

qualified non-metropolitan counties, or

lands within the external boundaries of

an Indian reservation.’’ Further, the

HUBZone Act states that the term

‘‘qualified census tract’’ has the

meaning given that term in

§ 42(d)(5)(C)(ii)(I) of the Internal

Revenue Code. This section of the

Internal Revenue Code refers to the lowincome housing credit program

maintained by the Department of

Housing and Urban Development

(HUD). The Secretary of HUD designates

the qualified census tracts by Notice

published periodically in the Federal

Register. These notices are titled

‘‘Statutorily Mandated Designation of

Qualified Census Tracts and Difficult

Development Areas for Section 42 of the

Internal Revenue Code of 1986.’’ The

most recent Notice may be found at 59

FR 53518 (1994). The rule includes a

cross-reference to § 42(d)(5)(C)(ii)(I) of

the Internal Revenue Code.

Qualified non-metropolitan counties

definition: The term qualified nonmetropolitan counties is based on the

most recent data available concerning

median household income and

unemployment rates. The Bureau of

Census of the Department of Commerce

gathers the data regarding median

household income and the Bureau of

Labor Statistics of the Department of

Labor gathers the data regarding

unemployment rates. The public can

find the information from the Bureau of

Census at any local Federal Depository

Library. To find the nearest Federal

Depository Library, call toll-free (888)

293–6498. The information from the

Bureau of Labor Statistics is available

for public inspection at the U.S.

Department of Labor, Bureau of Labor

Statistics, Division of Local Area

Unemployment Statistics office in

Washington, D.C. (the text of the rule

lists the complete address). Again, the

rule cross-references this information to

provide guidance in determining

whether or not a small business concern

is located in a HUBZone.

Qualified census tract definition: The

terms qualified census tract and

qualified non-metropolitan counties are

based on statistics gathered periodically

by various federal agencies. The census

reflects changes every 10 years, while

unemployment statistics are calculated