Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules 39763

(f) Agreements between the Service

and a custodian. (1) Certification of

custodian. Before a juvenile is released

from Service custody, the custodian

must execute Form I–134, an Affidavit

of Support, and an agreement to:

(i) Provide for the juvenile’s physical,

mental, and financial well-being;

(ii) Ensure the juvenile’s presence at

all future proceedings before the Service

and the immigration court;

(iii) Notify the Service of any change

of address within 5 days following a

move;

(iv) Not transfer custody of the

juvenile to another party without the

prior written permission of the district

director, unless the transferring

custodian is the juvenile’s parent or

legal guardian;

(v) Notify the Service at least 5 days

prior to the custodian’s departure from

the United States, whether the departure

is voluntary or pursuant to a grant of

voluntary departure or order of removal;

and

(vi) Notify the Service of the initiation

of any State court dependency

proceedings involving the juvenile and

the State dependency court of any

immigration proceedings pending

against the juvenile.

(2) Emergency transfer of custody. In

an emergency, a custodian may transfer

temporary physical custody of a

juvenile prior to securing permission

from the Service, but must notify the

Service of the transfer as soon as is

practicable, and in all cases within 72

hours. Examples of an ‘‘emergency’’

include the serious illness of the

custodian or destruction of the home. In

all cases where the custodian seeks

written permission for a transfer, the

district director shall promptly respond

to the request.

(3) Termination of custody

arrangements. The Service may

terminate the custody arrangements and

assume custody of any juvenile whose

custodian fails to comply with the

agreement required by paragraph (f)(1)

of this section. However, custody

arrangements will not be terminated for

minor violations of the custodian’s

obligation to notify the Service of any

change of address within 5 days

following a move.

(g) Suitability assessment. The Service

may require a positive suitability

assessment prior to releasing a juvenile

under paragraph (e) of this section. The

Service will always require a suitability

assessment prior to any release under

paragraph (e)(6) of this section. A

suitability assessment may include an

investigation of the living conditions in

which the juvenile is to be placed and

the standard of care he or she would

receive, verification of identify and

employment of the individuals offering

support, interviews of members of the

household, and a home visit. The

assessment will also take into

consideration the wishes and concerns

of the juvenile.

(h) Family reunification. (1) Efforts to

reunite. Upon taking a juvenile into

custody, the Service, or the licensed

program in which the juvenile is placed,

will promptly attempt to reunite the

juvenile with his or her family to permit

the release of the juvenile under

paragraph (e) of this section. Such

efforts at family reunification will

continue as long as the juvenile is in

Service custody and will be recorded by

the Service or the licensed program in

which the juvenile is placed.

(2) Simultaneous release. If an

individual specified in paragraph (e) of

this section cannot be located to accept

custody of a juvenile, and the juvenile

has identified a parent, legal guardian,

or adult relative in Service detention,

simultaneous release of the juvenile and

the parent, legal guardian, or adult

relative shall be evaluated on a

discretionary case-by-case basis.

(3) Refusal of release. If a parent of a

juvenile detained by the Service can be

located, and is otherwise suitable to

receive custody of the juvenile, and the

juvenile indicates refusal to be released

to the parent, the parent(s) shall be

notified of the juvenile’s refusal to be

released to the parent(s), and shall be

afforded an opportunity to present their

views to the district director, chief

patrol agent, or immigration judge

before a custody determination is made.

(i) Transportation and transfer. (1)

Separation from adults. Juveniles

unaccompanied by adult relatives or

legal guardians should not be

transported in vehicles with detained

adults except when being transported

from the place of arrest or apprehension

to a Service office or when separate

transportation would be otherwise

impractical, in which case juveniles

shall be separated from adults. Service

officers shall take all necessary

precautions for the protection of

juveniles during transportation with

adults.

(2) Travel arrangements. When a

juvenile is to be released from custody

under paragraph (e) of this section, the

Service will assist him or her in making

transportation arrangements to the

Service office nearest the location of the

person or facility to whom the juvenile

is to be released. In its discretion, the

Service may provide transportation to

such juveniles.

(3) Possessions. Whenever a juvenile

is transferred from one placement to

another, he or she shall be transferred

with all possessions and legal papers;

provided, however, that if the juvenile’s

possessions exceed the amount

normally permitted by the carrier in use,

the possessions shall be shipped to the

juvenile in a timely manner.

(4) Notice. No juvenile who is

presented by counsel should be

transferred without advance notice to

counsel, except in unusual and

compelling circumstances such as

where the safety of the juvenile or

others is threatened, or the juvenile has

been determined to be an escape-risk, or

where counsel has waived notice. In

these cases notice must be provided to

counsel within 24 hours following

transfer.

Dated: June 10, 1998.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 98–19712 Filed 7–23–98; 8:45 am]

BILLING CODE 4410–10–M

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 35

Medical Use of Byproduct Material;

Public Meetings

AGENCY: U.S. Nuclear Regulatory

Commission.

ACTION: Notice of public meetings.

SUMMARY: The Nuclear Regulatory

Commission has developed a proposed

rulemaking for a comprehensive

revision of its regulations governing the

medical use of byproduct material in 10

CFR Part 35, ‘‘Medical Use of Byproduct

Material,’’ and a proposed revision of its

1979 Medical Use Policy Statement

(MPS). Throughout the development of

the proposed rule and MPS, the

Commission solicited input from the

various interests that may be affected by

these proposed revisions. The

Commission now plans to solicit

comments on the proposed rule and

MPS through two mechanisms—

publishing the documents in the

Federal Register for public comment

(scheduled for August 1998); and

convening three facilitated public

meetings, during the public comment

period, to discuss the Commission’s

proposed resolution of the major issues.

The public meetings will be held in San

Francisco, California, on August 19–20,

1998; in Kansas City, Missouri, on

September 16–17, 1998; and in

Rockville, Maryland, on October 21–22,

1998. All meetings will be open to the

public. Francis X. Cameron, Special
39764 Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules

Counsel for Public Liaison, in the

Commission’s Office of the General

Counsel, will be the convener and

facilitator for the meetings.

DATES: The first public meeting will be

in San Francisco on August 19–20,

1998, from 8:30 a.m. to 5:00 p.m. each

day; the second public meeting will be

in Kansas City on September 16–17,

1998, from 8:30 a.m. to 5:00 p.m. each

day; and the third public meeting will

be in Rockville on October 21–22,1998,

from 8:30 a.m. to 5:00 p.m. each day.

ADDRESSES: The San Francisco meeting

will be held at the ANA Hotel San

Francisco, 50 Third Street, San

Francisco, California 94103, 415–974–

6400. The Kansas City meeting will be

held at the Radisson Suite Hotel Kansas

City, Kansas City, 106 West 12th Street,

Kansas City, MO 64105, 800–333–3333.

The Rockville meeting will be held in

the auditorium at the U.S. Nuclear

Regulatory Commission, 11545

Rockville Pike, Rockville, MD 20852–

2738.

FOR FURTHER INFORMATION CONTACT:

Francis X. Cameron, Special Counsel for

Public Liaison, Office of the General

Counsel, Nuclear Regulatory

Commission, Washington D.C. 20555–

0001, Telephone: 301–415–1642.

SUPPLEMENTARY INFORMATION:

Background

Following a comprehensive review of

its medical use program, the

Commission directed the NRC staff to

revise 10 CFR Part 35, associated

guidance documents, and, if necessary,

the Commission’s 1979 Medical Policy

Statement [Staff Requirements

Memorandum (SRM)—COMSECY–96–

057, Materials/Medical Oversight (DSI

7), dated March 20, 1997]. The

Commission’s SRM specifically directed

the restructuring of Part 35 into a riskinformed, more performance-based

regulation. In its SRM dated June 30,

1997, ‘‘SECY–97–115, Program for

Revision of 10 CFR Part 35, ‘Medical

Uses of Byproduct Material’ and

Associated Federal Register Notice,’’

the Commission approved the NRC

staff’s proposed plan for the revision of

Part 35 and the Commission’s 1979

Medical Use Policy Statement (MPS).

The schedule approved by the

Commission in SRM–SECY–97–115

provides for the rulemaking to be

completed by June 1999.

After Commission approval of the

NRC staff’s program to revise Part 35

and associated guidance documents, the

NRC staff initiated the rulemaking

process, as announced in 62 FR 42219

(August 6, 1997).

The proposed rule and MPS were

developed using a group approach. A

Working Group and Steering Group,

consisting of representatives of NRC, the

Organization of Agreement States, and

the Conference of Radiation Control

Program Directors, were established to

develop rule text alternatives, rule

language, and associated guidance

documents. State participation in the

process was intended to enhance

development of corresponding rules in

State regulations, to provide an

opportunity for early State input, and to

allow State staff to assess potential

impacts of NRC draft language on the

regulation of non-Atomic Energy Act

materials used in medical diagnosis,

treatment, or research, in the States.

The proposed revision of Part 35 is

based on the Commission’s directions in

the SRMs of March 20, 1997, and June

30, 1997. The revision is intended to

make Part 35 a more risk-informed,

performance-based regulation that will

focus the regulations on those medical

procedures that pose the highest risk,

from a radiation safety aspect, with a

subsequent decrease in the oversight of

low-risk activities; focus on those

requirements that are essential for

patient safety; initiate improvements in

NRC’s medical program, by

implementing recommendations from

internal staff audits, other rulemaking

activities, and results of analyses in

medical issues papers; incorporate

regulatory requirements for new

treatment modalities; and reference, as

appropriate, available industry guidance

and standards.

As part of the rulemaking process,

significant issues associated with the

regulation of the medical use of

byproduct material and the revision of

the MPS were identified, alternatives

were developed for them, and public

input on them was specifically sought.

These alternatives were developed to

stimulate input from members of the

public in an effort to encourage all

interested parties to contribute to the

development of the revised regulation

and were discussed during facilitated

public workshops and meetings

throughout the development of the

proposed rule and MPS.

The program for revising Part 35,

associated guidance document, and

MPS has provided more opportunity for

input from potentially affected parties

(the medical community and the public)

than is provided by the typical notice

and comment rulemaking process. Early

public input was solicited by requesting

input through Federal Register notices;

holding public meetings of the Working

and Steering Groups; meeting with

medical professional societies and

boards; putting background documents,

rulemaking alternatives, and a

‘‘strawman’’ draft proposed rule on the

Internet and in NRC’s Public Document

Room; and convening two facilitated

public workshops. Significant

regulatory issues were also discussed at

the Part 35 Workshop that was held in

conjunction with the All Agreement

States Meeting in October 1997, the

Advisory Committee on the Medical

Uses of Isotopes (ACMUI) meetings in

September 1997 and March 1998, and

the ACMUI subcommittee meetings in

February 1998. Input received during

these interactions and in writing were

beneficial to the staff in developing the

proposed rule and MPS.

Workshops

Based on the substantive public input

received during the early rulemaking

process, the Commission believes that it

is important for interests affected by the

proposed revisions to have an

opportunity to comment on the

proposed rulemaking and MPS, as well

as have an opportunity to discuss the

proposed revisions with one another

and the Commission. Accordingly, the

Commission is convening three public

meetings, during the public comment

period, where representatives of the

interests that may be affected by the

proposed rulemaking and MPS will

have an opportunity to discuss the

proposed revisions. Although the

meetings are intended to foster a clearer

understanding of the positions and

concerns of the affected interests, as

well as to identify areas of agreement or

disagreement, it is not the intent of the

meetings to develop a consensus

agreement of the participants on the

rulemaking issues.

To have a manageable discussion, the

number of participants in each meeting

will be limited. The Commission,

through the facilitator for the meeting,

will attempt to ensure participation by

the broad spectrum of interests that may

be affected by the proposed rulemaking

and MPS. These interests include:

nuclear medicine physicians; physician

specialists, such as cardiologists and

radiologists; medical physicists; medical

technologists; nurses; medical education

and certification organizations;

radiopharmaceutical interests; hospital

administrators; radiation safety officers;

patients’ rights advocates; Agreement

States; Federal agencies; and experts in

risk analysis. Other members of the

public are welcome to attend, and the

public will have the opportunity to

comment on the proposed rulemaking

and MPS and to participate in the

meeting discussions at periodic

intervals. Questions about participation
Federal Register / Vol. 63, No. 142 / Friday, July 24, 1998 / Proposed Rules 39765

may be directed to the facilitator,

Francis X. Cameron.

The meetings will have a pre-defined

scope and agenda focused on the

Commission’s resolution of the major

issues addressed during the

development of the proposed rule and

MPS. However, the meeting format will

be sufficiently flexible to allow for the

introduction of additional related issues

that the participants may want to raise.

The meeting commentary will be

transcribed and made available to the

participants and the public.

Copies of the proposed revision of

Part 35 and the MPS will be provided

to the meeting participants. Also, copies

will be available for members of the

public in attendance at the meetings.

The availability of the proposed rule,

and associated documents, and the MPS

for individuals who are unable to attend

any of the public meetings will be noted

in the Federal Register notices for these

documents.

Public comments on the proposed

rule and MPS are solicited but, to be

most helpful, should be received by the

date that will be announced in the

Federal Register notices on the

proposed rule and MPS. Comments

received after this date will be

considered if it is practical to do so, but

the Commission only is able to ensure

consideration of comments received on

or before this date. Written input and

suggestions can be sent to Secretary,

Nuclear Regulatory Commission,

Washington, DC 20555–0001, Attention:

Rulemakings and Adjudications Staff.

Hand-deliver comments to 11555

Rockville Pike, Rockville, MD, between

7:30 a.m. and 4:15 p.m. on Federal

workdays.

Dated at Rockville, Maryland this 17th day

of July, 1998.

For the Nuclear Regulatory Commission.

Frederick C. Combs,

Acting Director, Division of Industrial and

Medical Nuclear Safety, Office of Nuclear

Material Safety and Safeguards.

[FR Doc. 98–19805 Filed 7–23–98; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 98–NM–163–AD]

RIN 2120–AA64

Airworthiness Directives; Boeing

Model 747 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to all

Boeing Model 747 series airplanes. This

proposal would require a one-time

inspection to detect discrepancies of the

center fuel tank, and corrective actions,

if necessary; replacement of all

components of the fuel quantity

indicating system (FQIS) of the center

tanks with new FQIS components; and

replacement of the FQIS wiring with

new wiring. For certain airplanes, this

proposal also would require a one-time

inspection to detect discrepancies of the

FQIS, and corrective actions, if

necessary; and installation of a flame

arrestor in the scavenge pumps of the

center fuel tank. This proposal is

prompted by design review and testing

results obtained in support of an

accident investigation. The actions

specified by the proposed AD are

intended to prevent ignition sources and

consequent fire/explosion in the center

fuel tank.

DATES: Comments must be received by

September 8, 1998.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–114,

Attention: Rules Docket No. 98–NM–

163–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Boeing Commercial Airplane Group,

P.O. Box 3707, Seattle, Washington

98124–2207. This information may be

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Dionne Stanley, Aerospace Engineer,

Propulsion Branch, ANM–140S, FAA,

Transport Airplane Directorate, Seattle

Aircraft Certification Office, 1601 Lind

Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2250;

fax (425) 227–1181.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule.

The proposals contained in this notice

may be changed in light of the

comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 98–NM–163–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–114, Attention: Rules Docket No.

98–NM–163–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

On July 17, 1996, a Boeing Model 747

series airplane was involved in an

accident shortly after takeoff from John

F. Kennedy International Airport in

Jamaica, New York. In support of the

subsequent accident investigation, the

FAA has participated in design review

and testing to determine possible

sources of ignition in the center fuel

tank. The cause of the accident has not

yet been determined.

This design review has identified the

need to detect any conditions of inservice deterioration of the wiring,

bonding, tubing installations, and other

component installations inside the

center fuel tank. If such conditions are

detected, repair of these discrepancies

would reduce the likelihood of these

components becoming in-tank ignition

sources due to lightning strikes, static

electricity, or electrical failures outside

of the fuel tank.

In addition, investigation has revealed

that the knurled terminal blocks on

‘‘series 3’’ (and earlier series) probes of

the fuel quantity indication system

(FQIS) on Model 747 series airplanes are

subject to chafing against their