This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

24573

Vol. 60, No. 89

Tuesday, May 9, 1995

DEPARTMENT OF JUSTICE

8 CFR Parts 1, 3, 103, 208, and 242

[EOIR No. 102P; AG Order No. 1965–95]

RIN 1125–AA01

Motions and Appeals in Immigration

Proceedings

AGENCY: Department of Justice.

ACTION: Proposed rule.

SUMMARY: Proposed regulations were

published in the Federal Register on

June 7, 1994 concerning motions and

appeals in immigration proceedings and

on May 13, 1994 concerning fees. The

June proposed rulemaking was

promulgated to implement section 545

of the Immigration Act of 1990, Public

Law 101–649, which requires both time

and number limitations on motions to

reopen and reconsider and changes in

the substantive and procedural aspects

of motion and appeal practice. The May

proposed rulemaking was promulgated

to establish an alternative procedure for

filing proof of fee payments with the

Board of Immigration Appeals (the

‘‘Board’’).

Since the publication of these two

proposed rules, the agency has further

examined its current appeal procedures

and has decided to establish a uniform

central system for filing and tracking

appeals before the Board. Under the

proposed procedure, parties would file

a notice of appeal from a decision of an

Immigration Judge and remit the appeal

fee or fee waiver petition with the notice

of appeal directly to the Board. The rule

also would require that motions to

reopen and motions to reconsider

decisions of the Board be filed directly

with the Board accompanied by the

appropriate fee or fee waiver petition.

This rule would supersede the May and

June proposed rulemakings.

This proposed centralization of the

appeals procedure is fundamentally

interrelated to the proposed changes of

both the June and the May proposed

rulemakings. Therefore, the agency has

determined to merge these substantive

and procedural proposals into one rule

and to provide an opportunity for public

comment on this merged rule. The June

proposed rule has been changed to

clarify certain provisions and to reflect

many of the commenters’ concerns. The

single unified proposed rule is

published herein and addresses both the

language of section 545(d) of the

Immigration Act of 1990 and new

procedural changes to the filing of

appeals, motions, and their concomitant

fees with the Board.

DATES: Written comments must be

received on or before June 8, 1995.

ADDRESSES: Please submit written

comments to Gerald S. Hurwitz,

Counsel to the Director, Executive

Office for Immigration Review, Suite

2400, 5107 Leesburg Pike, Falls Church,

Virginia 22041.

FOR FURTHER INFORMATION CONTACT:

Gerald S. Hurwitz, Counsel to the

Director, Executive Office for

Immigration Review, Suite 2400, 5107

Leesburg Pike, Falls church, Virginia

22041, telephone (703) 305–0470.

SUPPLEMENTARY INFORMATION: The

agency recently published two proposed

rules concerning motions to reopen,

motions to reconsider, notices of appeal,

and filing fees. 59 FR 29386 (published

June 7, 1994) (the ‘‘June proposed

rulemaking’’); 59 FR 24977 (1994)

(published May 13, 1994) (the ‘‘May

proposed rulemaking’’). The June

proposed rulemaking established both

time and number limitations on motions

to reopen proceedings and on motions

to reconsider decisions as well as

certain changes to appellate procedures

to reflect the statutory directives in

section 545 of the Immigration Act of

1990. The May proposed rule amended

the requirement that the parties, after

remitting all fee payments to the

Immigration and Naturalization Service

(the ‘‘Service’’), file the proof of

payment with the Office of the

Immigration Judge within 10 calendar

days of the issuance of an oral decision

or within 13 days of the mailing of a

written decision. The May proposed

rulemaking retained the filing of proof

of fee payment procedure but expanded

the time frame for filing to 30 days.

Since the publication of these

proposed rules, the agency has decided

that additional changes should be made

in its current procedures for filing

appeals and other filings with the

Board. These changes are interrelated to

the regulatory changes proposed in both

May and June 1994 concerning

substantive and procedural changes in

motion and appeal practice. Therefore,

the rule concerning motions and

appeals has been modified to reflect the

new appeal procedures and to clarify or

supersede certain provisions within the

original proposed rules. In addition,

several changes have been made in

response to the comments received

concerning the proposed rules.

However, the agency is continuing to

consider and evaluate each of the issues

raised in the comments to the original

proposed rules. Comments which were

submitted in response to the first

publication will continue to be

considered, and it will not be necessary

to resubmit comments concerning those

provisions which are repeated herein.

However, the public is encouraged to

comment on those areas in which the

proposed rule has been amended.

An outline of the changes to the

original motion and appeals rule, as

well as an explanation of the new

appeal filing procedures follows.

(1) Motions to reconsider. The time

frame for filing a motion to reconsider

a decision with the Board has been

expanded from 20 to 30 days after the

mailing of the Board’s decision, or

within 30 days of the effective date of

the final rule, whichever is later. No

additional time is added for mailing of

the decision. Language has been added

to the rule to state that a motion to

reconsider shall specify the errors of fact

or law in the prior Board order. This

language clarifies that a motion to

reconsider a decision is a request to

reexamine the prior Board decision. It is

not to be confused with a motion to

reopen, which addresses the decision in

light of the existence of new law or fact

or changed circumstances. Many of the

comments objected to the 20-day limit

for motions to reconsider on the basis

that this time frame did not allow

sufficient time for the development of

new evidence. As stated above, this

argument is not applicable for motions

to reconsider. Motions to reconsider

should be brought to the attention of the

adjudicator in a prompt manner, while

the circumstances surrounding the

decision are easier to reexamine.

Nonetheless, the agency has proposed

expanding the time to file a motion to

reconsider by an additional 10 days for
24574 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

a total of 30 days subsequent to the

decision. As the time frame was

expanded by 10 additional days, the 3-

day extension for mailing has been

removed.

(2) Motions to reopen.

a. Numerical limit. Language has been

added to clarify that a party many file

only one motion to reopen proceedings,

whether before the Board or the

Immigration Judge. This provision

makes clear that a motion to reopen

shall be limited to one during the entire

course of proceedings. This language

reflects the direction in the Joint

Explanatory Statement of the Committee

of Conference (p. 133), of the

Immigration Act of 1990, that only one

motion to reopen and one motion to

reconsider a decision be permitted in

immigration proceedings.

b. Time limit. The proposed rule had

provided a 20-day time frame for filing

a motion to reopen. Many commenters

argued that the purpose of the motion to

reopen was to provide an opportunity to

bring new evidence to light, to

acknowledge recent changes in the law,

or to provide an opportunity for the

applicant to seek additional relief that

was not available in the first instance.

The commenters further urged that

unrepresented aliens and, in particular,

detained aliens would not have access

to counsel in time to develop a

meaningful motion to reopen within the

20-day period, regardless of the merits

of their position.

The agency has carefully weighted

these comments and agrees that a

greater time period should be provided

for motions to reopen to allow for those

situations described above. The agency

has determined that such motions must

be filed within 90 days of the final

decision of the adjudicator. At present,

the regulations provide for unlimited

motions to reopen without any time

limit for filing. The proposed rule will

dramatically limit this form of relief to

one opportunity, and such opportunity

for reopening will be limited to a 90-day

time period. These limitations reflect

the congressional intent to streamline

the deportation process, while

providing a reasonable opportunity for

meritorious cases to be heard.

c. Exceptions. The time and

numerical limitations set forth in the

body of the rule do not apply in certain

circumstances. In the case of an

applicant seeking to apply or reapply for

asylum or withholding of deportation,

the language has been modified to

provide for a motion to reopen based on

changed circumstances arising in the

country of nationality or in the country

to which deportation has been ordered,

if such evidence is material and was not

available and would not have been

discovered or presented at the former

hearing. This language mirrors the

language in section 3.2(c)(1) and will

reflect more accurately the standard for

reopening that is currently in practice.

d. Judicial proceedings. The rule

clarifies that motions to reopen or

reconsider shall indicate whether the

validity of both deportation or exclusion

orders have been or are the subject of

any judicial proceedings. This change

amends the rule to include reference to

exclusion as well as deportation orders,

and its reference was inadvertently

omitted from the original proposed rule.

(3) New appeal filing procedures. The

rule proposes to amend the filing

procedures with the Board to require

parties to file all notices of appeal of

decisions of immigration judges, as well

as motions to reopen and motions to

reconsider decisions of the Board

directly with the Board. The proposed

rule will also abolish the current system

of remitting the fees in these cases to the

Service. Instead, the proposed rule

provides that the required fee or fee

waiver petition must accompany the

notice of appeal or motion and be filed

directly with the Board. Notices of

appeal from Service officer decisions

and appropriate fees or fee waiver

petitions shall continue to be filed

directly with the office of the Service

having administrative control over the

record of proceedings.

In order to allow sufficient time for

filing an appeal directly with the Board,

this rule expands the time frame in

which to file an appeal. Where the

Immigration Judge decision is rendered

orally, the rule will require that a party

file a notice of appeal within 15

calendar days of the Immigration

Judge’s decision. Where a written

decision is served by mail, the rule will

require that a party file a notice of

appeal within 20 calendar days after the

decision was mailed. Briefs in support

of or in opposition to an appeal from a

decision of an Immigration Judge shall

be filed directly with the Board also.

The rule restates that certification of

a case does not relieve a party from

compliance with the appeals provisions.

Further, departure from the Untied

States by an individual in deportation

proceedings constitutes a waiver of his

or her right to appeal.

This regulation has been drafted and

reviewed in accordance with Executive

Order 12866, § 1(b). The Attorney

General has determined that this rule is

not a significant regulatory action under

Executive Order 12866, § 3(f), and

accordingly this rule has not been

reviewed by the Office of Management

and Budget.

The Attorney General, in accordance

with the Regulatory Flexibility Act (5

U.S.C. 605(b)), has reviewed this final

rule and, by approving it, certifies that

this rule will not have a significant

economic impact on a substantial

number of small entities.

This final rule 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 section 6 of Executive

Order 12612, it is determined that this

rule does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

List of Subjects

8 CFR Part 1

Administrative practice and

procedure, Aliens.

8 CFR Part 3

Administrative practice and

procedure, Immigration, Organization

and functions (Government agencies).

8 CFR Part 103

Administrative practice and

procedure, Authority delegations

(Government agencies), Freedom of

information, Privacy, Reporting and

recordkeeping requirements, Surety

bonds.

8 CFR Part 208

Administrative practice and

procedure, Aliens, Immigration,

Reporting and recordkeeping

requirements.

8 CFR Part 242

Administrative practice and

procedure, Aliens.

Accordingly, title 8, chapter I of the

Code of Federal Regulations is proposed

to be amended as follows:

PART 1—DEFINITIONS

1. The authority citation for part 1

continues to read as follows:

Authority: 66 Stat. 173; 8 U.S.C. 1101; 28

U.S.C. 509, 510; 5 U.S.C. 301.

2. Section 1.1 is amended by adding

a new paragraph (p) to read as follows:

§ 1.1 Definitions.

* * * * *

(p) The term lawfully admitted for

permanent residence means the status

of having been lawfully accorded the

privilege of residing permanently in the

United States as an immigrant in

accordance with the immigration laws,

such status not having changed. Such
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules 24575

status terminates upon entry of a final

administrative order of exclusion or

deportation.

PART 3—EXECUTIVE OFFICE FOR

IMMIGRATION REVIEW

3. The authority citation for part 3 is

revised to read as follows:

Authority: 5 U.S.C. 301; 8 U.S.C. 1103,

1252 note, 1252b, 1362; 28 U.S.C. 509, 510,

1746; sec. 2, Reorg. Plan No. 2 of 1950, 3

CFR, 1949–1953 Comp., p. 1002.

4. Section 3.1 is amended by revising

paragraphs (b)(1), (b)(2), and (c) to read

as follows:

§ 3.1 General authorities.

* * * * *

(b) * * *

(1) Decisions of Immigration Judges in

exclusion cases, as provided in part 236

of this chapter, except that no appeal

shall lie from an order of exclusion

entered in absentia.

(2) Decisions of Immigration Judges in

deportation cases, as provided in part

242 of this chapter, except that no

appeal shall lie from an order of

deportation entered in absentia, nor

shall an appeal lie from an order of an

Immigration Judge under § 244.1 of this

chapter granting voluntary departure

within a period of at least 30 days, if the

sole ground of appeal is that a greater

period of departure time should have

been fixed.

* * * * *

(c) Jurisdiction by certification. The

Commissioner, or any other duly

authorized officer of the Service, any

Immigration Judge, or the Board may in

any case arising under paragraph (b) of

this section require certification of such

case to the Board. The Board in its

discretion may review any such case by

certification without regard to the

provisions of § 3.7 of this chapter if it

determines that the parties have already

been given a fair opportunity to make

representations before the Board

regarding the case, including the

opportunity to request oral argument

and to submit a brief.

* * * * *

5. Section 3.2 is revised to read as

follows:

§ 3.2 Reopening or reconsideration

(a) General. The Board may at any

time reopen or reconsider on its own

motion any case in which it has

rendered a decision. A request to reopen

or reconsider any case in which a

decision has been made by the Board,

which request is made by the Service,

or by the party affected by the decision,

must be in the form of a written motion

to the Board. The decision to grant or

deny a motion to reopen or reconsider

is within the discretion of the Board,

subject to the restrictions of this section.

The Board has discretion to deny a

motion to reopen even if the party

moving has made out a prima facie case

for relief.

(b) Motion to reconsider. A motion to

reconsider a decision must be filed with

the Board within 30 days after the

mailing of the Board decision, or within

30 days of effective date of the final

rule, whichever is later, A party may file

only one motion to reconsider any given

decision and may not seek

reconsideration of a decision denying a

previous motion to reconsider. A

motion to reconsider shall state the

reasons for the motion by specifying the

errors of fact or law in the prior Board

decision and shall be supported by

pertinent authority. A motion to

reconsider a decision render by an

Immigration Judge or Service officer that

is pending when an appeal is filed with

the Board, or that is filed subsequent to

the filing with the Board of an appeal

from the decision sought to be

reconsidered, shall be deemed a motion

to remand the decision for further

proceedings before the Immigration

Judge or the Service officer from whose

decision the appeal was taken. Such

motion, which shall be consolidated

with and considered by the Board in

connection with any appeal to the

Board, is subject to the time and

numerical limitations of this paragraph.

(c) Motion to reopen. (1) A motion to

reopen proceedings shall state the new

facts that will be proven at a hearing to

be held if the motion is granted, and

shall be supported by affidavits or other

evidentiary material. A motion to

reopen proceedings for the purpose of

submitting an application for relief must

be accompanied by the appropriate

application for relief and all supporting

documentation. A motion to reopen

proceedings shall not be granted unless

it appeals to the Board that evidence

sought to be offered is material and was

not available and could not have been

discovered or presented at the former

hearing; nor shall any motion to reopen

for the purpose of affording the alien an

opportunity to apply for any form of

discretionary relief be granted if it

appears that the alien’s right to apply for

such relief was fully explained to him

or her and an opportunity to apply

therefore was afforded at the former

hearing, unless the relief is sought on

the basis of circumstances that have

arisen subsequent to the hearing.

Subject to the other requirements and

restrictions of this section, a motion to

reopen proceedings for consideration or

further consideration of an application

for relief under section 212(c) of the Act

(8 U.S.C. 1182(c)) may be granted if the

alien demonstrates that he or she was

statutorily eligible for such relief prior

to the entry of the administratively final

order or deportation.

(2) Except as provided in paragraph

(c)(3) of this section, a party may file

only one motion to reopen proceedings

(whether before the Board or the

Immigration Judge) and that motion

must be filed not later than 90 days after

the date on which the final

administrative decision was rendered in

the proceeding sought to be reopened,

or within 90 days of [Insert effective

date of the final rule], whichever is

later.

(3) The time and numerical

limitations set forth in paragraph (c)(2)

of this section shall not apply to a

motion to reopen proceedings;

(i) Filed pursuant to the provisions of

§ 3.23(b)(5);

(ii) To apply or reapply for asylum, or

withholding of deportation, based on

changed circumstances arising in the

country of nationality or in the country

to which deportation has been ordered,

if such evidence is material and was not

available and would not have been

discovered or presented at the former

hearing; or

(iii) Agreed upon by all parties and

jointly filed.

(4) A motion to reopen a decision

rendered by an Immigration Judge, or

Service officer that is pending when an

appeal is filed, or that is filed

subsequent to the filing of an appeal to

the Board from the proceedings sought

to be reopened, shall be deemed a

motion to remand for further

proceedings before the Immigration

Judge or the Service officer from whose

decision the appeal was taken. Such

motion, which shall be consolidated

with, and considered by the Board in

connection with, the appeal to the

Board, is subject to the requirements set

forth in paragraph (c)(1) of this section

and the time and numerical limitations

set forth in paragraph (c)(2) of this

section.

(d) Departure or deportation. A

motion to reopen or a motion to

reconsider shall not be made by or on

behalf of a person who is the subject of

deportation or exclusion proceedings

subsequent to his or her departure from

the United States. Any departure from

the United States, including the

deportation of a person who is the

subject of deportation or exclusion

proceedings, occurring after the filing of

a motion to reopen or a motion to

reconsider, shall constitute a

withdrawal of such motion.
24576 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

(e) Judicial proceedings. Motions to

reopen or reconsider shall state whether

the validity of the deportation or

exclusion order has been or is the

subject of any judicial proceeding and,

if so, the nature and date thereof, the

court in which such proceeding took

place or is pending, and its result or

status. In any case in which a

deportation or exclusion order is in

effect, any motion to reopen or

reconsider such order shall include a

statement by or on behalf of the moving

party declaring whether the subject of

the order is also the subject of any

pending criminal proceeding under

section 242(e) of the Act (8 U.S.C.

1252(e)), and, if so, the current status of

that proceeding. If a motion to reopen or

reconsider seeks discretionary relief, the

motion shall include a statement by or

on behalf of the moving party declaring

whether the alien for whose relief the

motion is being filed is subject to any

pending criminal prosecution and, if so,

the nature and current status of that

prosecution.

(f) Stay of deportation. Except where

a motion is filed pursuant to the

provisions of § 3.23(b)(5), the filing of a

motion to reopen or a motion to

reconsider shall not stay the execution

of any decision made in the case.

Execution of such decision shall

proceed unless a stay of execution is

specifically granted by the Board, the

Immigration Judge, or an authorized

officer of the Service.

(g) Filing procedures. (1) Distribution

of motion papers. A motion to reopen or

motion to reconsider a decision of the

Board pertaining to proceedings before

an Immigration Judge shall be filed

directly with the Board and must be

accompanied by a check, money order,

or fee waiver request in satisfaction of

the fee requirements of § 3.8. The record

of proceeding pertaining to such a

motion shall be forwarded to the Board

upon the request or order of the Board.

A motion to reopen or a motion to

reconsider a decision of the Board

pertaining to a matter initially

adjudicated by an officer of the Service

shall be filed with the officer of the

Service having administrative control

over the record of proceeding; provided,

however that when a motion to reopen

or a motion to reconsider is made by the

Service in proceedings in which the

Service has administrative control over

the record of proceedings, the record of

proceedings in the case and the motion

shall be filed directly with the Board. If

such motion is filed directly with an

office of the Service, the entire record of

proceeding shall be forwarded to the

Board by the Service officer promptly

upon receipt of the briefs of the parties,

or upon expiration of the time allowed

for the submission of such briefs. A

motion and any submission made in

conjunction with a motion must be in

English or accompanied by a certified

English translation. If the moving party,

other than the Service, is represented, a

Notice of Entry of Appearance as

Attorney or Representative Before the

Board (Form EOIR–27) must be filed

with the motion. In all cases, the motion

shall include proof of service on the

opposing party of the motion and all

attachments.

(2) Briefs and response. The moving

party may file a brief if it is included

with the motion. If the motion is filed

directly with the Board pursuant to

paragraph (g)(1) of this section, the

opposing party shall have 13 days from

the date of service of the motion to file

a brief in opposition to the motion

directly with the Board. If the motion is

filed with an office of the Service

pursuant to paragraph (g)(1) of this

section, the opposing party shall have

10 days from the date of filing of the

motion to file a brief in opposition to

the motion directly with the office of the

Service. In all cases, briefs and any

other filings made in conjunction with

a motion shall include proof of service

on the opposing party. The Board, in its

discretion, may extend the time within

which such brief is to be submitted and

may authorize the filing of a brief

directly with the Board. A motion shall

be deemed unopposed unless a timely

response is made. The Board may, in its

discretion, consider a brief filed out of

time.

(h) Oral argument. A request for oral

argument, if desired, shall be

incorporated in the motion to reopen or

reconsider. The Board, in its discretion,

may grant or deny requests for oral

argument.

(i) Ruling on motion. Rulings upon

motions to reopen or motions to

reconsider shall be by written order. If

the order directs a reopening and further

proceedings are necessary, the record

shall be returned to the Office of the

Immigration Judge or the officer of the

Service having administrative control

over the place where the reopened

proceedings are to be conducted. If the

motion to reconsider is granted, the

decision upon such reconsideration

shall affirm, modify, or reverse the

original decision made in the case.

6. Section 3.3 is revised to read as

follows:

§ 3.3 Notice of appeal.

(a) Filing. (1) Appeal from decision of

an Immigration Judge. A party affected

by a decision who is entitled under this

chapter to appeal to the Board from a

decision of an Immigration Judge shall

be given notice of his or her right to

appeal. An appeal from a decision of an

Immigration Judge shall be taken by

filing a Notice of Appeal to the Board

of Immigration Appeals of Decision of

Immigration Judge (Form EOIR–26)

directly with the Board, within the time

specified in the governing sections of

this chapter. The appealing parties are

only those parties who are covered by

the decision of an Immigration Judge

and who are specifically named on the

Notice of Appeal. The appeal must be

accompanied by a check, money order,

or fee waiver request in satisfaction of

the fee requirements of § 3.8. If the

respondent/applicant is represented, a

Notice of Entry of Appearance as

Attorney or Representative Before the

Board (Form EOIR–27) must be filed

with the Notice of Appeal. The appeal

must reflect proof of service of a copy

of the appeal and all attachments on the

opposing party. The appeal and all

attachments must be in English or

accompanied by a certified English

translation. An appeal is not properly

filed unless it is received at the Board,

along with all required documents, fees

or fee waiver requests, and proof of

service, within the time specified in the

governing sections of this chapter. A

notice of appeal may not be filed by any

party who has waived appeal pursuant

to § 3.39.

(2) Appeal from decision of a Service

officer. A party affected by a decision

who is entitled under this chapter to

appeal to the Board from a decision of

a Service officer shall be given notice of

his or her right to appeal. An appeal

from a decision of a Service officer shall

be taken by filing a Notice of Appeal to

the Board of Immigration Appeals of

Decision of District Director (Form

EOIR–29) directly with the office of the

Service having administrative control

over the record of proceeding within the

time specified in the governing sections

of this chapter. The appeal must be

accompanied by a check, money order,

or fee waiver request in satisfaction of

the fee requirements of § 3.8 and, if the

appellant is represented a Notice of

Entry of Appearance as Attorney or

Representative Before the Board (Form

EOIR–27). The appeal and all

attachments must be in English or

accompanied by a certified English

translation. An appeal is not properly

filed until its receipt at the appropriate

office of the Service, together with all

required documents and fees, and the

fee provisions of § 3.8 are satisfied.

(b) Statement of the basis of appeal.

The party taking the appeal must

identify the reasons for the appeal in the

Notice of Appeal (Form EOIR–26 or
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules 24577

Form EOIR–29) or in any attachments

thereto, in order to avoid summary

dismissal pursuant to § 3.1(d)(1–a)(i).

The statement must specifically identify

the findings of fact, the conclusions of

law, or both, that are being challenged.

If a question of law is presented,

supporting authority must be cited. If

the dispute is over the findings of fact,

the specific facts contested must be

identified. Where the appeal concerns

discretionary relief, the appellant must

state whether the alleged error relates to

statutory grounds of eligibility or to the

exercise of discretion and must identify

the specific factual and legal finding or

findings that are being challenged. The

appellant must also indicate in the

Notice of Appeal (Form EOIR–26 or

Form EOIR–29) whether he or she

desires oral argument before the Board

and whether he or she will be filing a

separate written brief or statement in

support of the appeal.

(c) Briefs. (1) Appeal from decision of

an Immigration Judge. Briefs in support

of or in opposition to an appeal from a

decision of an Immigration Judge shall

be filed directly with the Board in

accordance with a written briefing

schedule set by the Board. An appellant

who is not detained shall be provided

30 days in which to file a brief, unless

a shorter period is specified by the

Board. A detained appellant shall be

provided 14 days in which to file a

brief, unless a shorter period is specified

by the Board. The appellee shall have

the same period of time in which to file

a reply brief that was initially granted to

the appellant to file his or her brief. The

time to file a reply brief commences

from the date upon which the

appellant’s brief was due, as originally

set or extended by the Board. The

Board, upon written motion, may

extend the period for filing a brief or a

reply brief for up to 90 days for good

cause shown. In its discretion, the Board

may consider a brief that has been filed

out of time. All briefs, filings, and

motions filed in conjunction with an

appeal shall include proof of service on

the opposing party.

(2) Appeal from decision of a Service

officer. Briefs in support of or in

opposition to an appeal from a decision

of a Service officer shall be filed directly

with the office of the Service having

administrative control over the file in

accordance with a briefing schedule set

by that office. If the alien concerned is

not detained, the appellant shall be

provided 30 days in which to file a

brief. If the alien concerned is detained,

the appellant shall be provided 14 days

in which to file a brief, unless a shorter

period is specified by the Service officer

from whose decision the appeal is

taken. The Service shall have the same

period of time in which to file a reply

brief that was initially granted to the

appellant to file his or her brief. The

time to file a reply brief commences

from the date upon which the alien’s

brief was due, as originally set or

extended. Upon written request of the

alien, the Service officer from whose

decision the appeal is taken or the

Board may extend the period for filing

a brief or a reply brief for good cause

shown. The Board may authorize the

filing of briefs directly with the Board.

In its discretion, the Board may consider

a brief that has been filed out of time.

All briefs and other documents filed in

conjunction with an appeal, unless filed

by an alien directly with a Service

office, shall include proof of service on

the opposing party.

(d) Effect of Certification. The

certification of a case, as provided in

this part, shall not relieve the party

affected from compliance with the

provisions of this section in the event

that he or she is entitled and desires to

appeal from an initial decision, nor

shall it serve to extend the time

specified in the applicable parts of this

chapter for the taking of an appeal.

(e) Effect of Departure from the United

States. Departure from the United States

of a person who is the subject of

deportation proceedings, prior to the

taking of an appeal from a decision in

his or her case, shall constitute a waiver

of his or her right to appeal.

7. Section 3.4 is revised to read as

follows:

§ 3.4 Withdrawal of appeal.

In any case in which an appeal has

been taken, the party taking the appeal

may file a written withdrawal thereof

with the office at which the notice of

appeal was filed. If the record in the

case has not been forwarded to the

Board on appeal in accordance with

§ 3.5, the decision made in the case

shall be final to the same extent as if no

appeal had been taken. If the record has

been forwarded on appeal, the

withdrawal of the appeal shall be

forwarded to the Board and, if no

decision in the case has been made on

the appeal, the record shall be returned

and the initial decision shall be final to

the same extent as if no appeal had been

taken. If a decision on the appeal shall

have been made by the Board in the

case, further action shall be taken in

accordance therewith. Departure from

the United States of a person who is the

subject of deportation proceedings

subsequent to the taking of an appeal,

but prior to a decision thereon, shall

constitute a withdrawal of the appeal

and the initial decision in the case shall

be final to the same extent as though no

appeal had been taken.

8. Section 3.5 is revised to read as

follows:

§ 3.5 Forwarding of record on appeal.

(a) Appeal from decision of an

Immigration Judge. If an appeal is taken

from a decision of an Immigration

Judge, the record of proceeding shall be

forwarded to the Board upon the request

or the order of the Board.

(b) Appeal from Decision of a Service

officer. If an appeal is taken from a

decision of a Service officer, the record

of proceeding shall be forwarded to the

Board by the Service officer promptly

upon receipt of the briefs of the parties,

or upon expiration of the time allowed

for the submission of such briefs. A

Service officer need not forward such an

appeal to the Board, but may reopen and

reconsider any decision made by the

officer if the new decision will grant the

benefit that has been requested in the

appeal. The new decision must be

served on the appealing party within 45

days of receipt of any briefs or upon

expiration of the time allowed for the

submission of any briefs. If the new

decision is not served within these time

limits or the appealing party does not

agree that the new decision disposes of

the matter, the record of proceeding

shall be immediately forwarded to the

Board.

9. Section 3.6 is revised to read as

follows:

§ 3.6 Stay of execution of decision.

(a) Except as provided under

§ 242.2(d) of this chapter and paragraph

(b) of this section, the decision in any

proceeding under this chapter from

which an appeal to the Board may be

taken shall not be executed during the

time allowed for the filing of an appeal

unless a waiver of the right to appeal is

filed, nor shall such decision be

executed while an appeal is pending or

while a case is before the Board by way

of certification.

(b) The provisions of paragraph (a) of

this section shall not apply to an order

of an Immigration Judge under § 3.23 or

§ 242.22 of this chapter denying a

motion to reopen or reconsider or to

stay deportation, except where such

order expressly grants a stay or where

the motion was filed pursuant to the

provisions of § 3.23(b)(5). The Board

may, in its discretion, stay deportation

while an appeal is pending from any

such order if no stay has been granted

by the Immigration Judge or a Service

officer.

10. Section 3.7 is revised to read as

follows:
24578 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

§ 3.7 Notice of Certification.

Whenever, in accordance with the

provisions of § 3.1(c), a case is required

to be certified to the Board, the alien or

other party affected shall be given notice

of certification. An Immigration Judge or

Service officer may certify a case only

after an initial decision has been made

and before an appeal has been taken. If

it is known at the time the initial

decision is rendered that the case will

be certified, the notice of certification

shall be included in such decision and

no further notice of certification shall be

required. If it is not known until after

the initial decision is rendered that the

case will be certified, the office of the

Service or the Office of the Immigration

Judge having administrative control

over the record of proceeding shall

cause a Notice of Certification to be

served upon the parties. In either case,

the notice shall inform the parties that

the case is required to be certified to the

Board and that they have the right to

make representations before the Board,

including the making of a request for

oral argument and the submission of a

brief. If either party desires to submit a

brief, it shall be submitted to the office

of the Service or Office of the

Immigration Judge having

administrative control over the record of

proceeding for transmittal to the Board

within the time prescribed in § 3.3(c).

The case shall be certified and

forwarded to the Board by the office of

the Service or Office of the Immigration

Judge having administrative jurisdiction

over the case upon receipt of the brief,

or upon the expiration of the time

within which the brief may be

submitted, or upon receipt of a written

waiver of the right to submit a brief. The

Board in its discretion may elect to

accept for review or not accept for

review any such certified case. If the

Board declines to accept a certified case

for review, the underlying decision shall

become final on the date of the Board’s

declination.

11. Section 3.8 is revised to read as

follows:

§ 3.8 Fees.

(a) Appeal from decision of an

Immigration Judge or motion within the

jurisdiction of the Board. Except as

provided in paragraph (c) of this section

or when filed by an officer of the

Service, a Notice of Appeal to the Board

of Immigration Appeals of Decision of

Immigration Judge (Form EOIR–26) filed

pursuant to § 3.3(a), or a motion related

to Immigration Judge proceedings that is

within the jurisdiction of the Board and

is filed directly with the Board pursuant

to § 3.2(g), shall be accompanied by the

fee specified in applicable provisions of

§ 103.7(b)(1) of this chapter. Fees shall

be paid by check or money order

payable to the ‘‘United States

Department of Justice.’’ Remittances

must be drawn on a bank or other

institution located in the United States

and be payable in United States

currency. A remittance shall not satisfy

the fee requirements of this section if

the remittance is found uncollectible.

(b) Appeal from decision of a Service

officer or motion within the jurisdiction

of the Board. Except as provided in

paragraph (c) of this section, a Notice of

Appeal to the Board of Immigration

Appeals of Decision of District Director

(Form EOIR–29), or a motion related to

such a case filed under this part by any

person other than an officer of the

Service, filed direction with the Service

shall be accompanied by the appropriate

fee specified, and remitted in

accordance with the provisions of

§ 103.7 of this chapter.

(c) Waiver of fees. The Board may, in

its discretion, authorize the prosecution

of any appeal or any motion over which

the Board has jurisdiction without

payment of the required fee. In any case

in which an alien or other party affected

is unable to pay the fee fixed for an

appeal or motion, he or she shall file

with the Notice of Appeal (Form EOIR–

26 or Form EOIR–29) or motion, his or

her affidavit or unsworn declarations

made pursuant to 28 U.S.C. 1746,

stating the nature of the proceeding and

his or her belief that he or she is entitled

to redress. Such document shall also

establish his or her inability to pay the

required fee and shall request

permission to prosecute the appeal or

motion without payment of such fee. If

the request does not establish the

inability to pay the required fee, the

appeal or motion will not be deemed

properly filed.

12. In § 3.23, paragraph (b) is revised

to read as follows:

§ 3.23 Motions.

* * * * *

(b) Reopening/Reconsideration. (1)

The Immigration Judge may upon his or

her own motion, or upon motion of the

trial attorney or the alien, reopen or

reconsider any case in which he or she

has made a decision, unless jurisdiction

in the case is vested in the Board of

Immigration Appeals under this part. If

the Immigration Judge is unavailable or

unable to adjudicate the motion to

reopen, the Chief Immigration Judge or

his delegate shall reassign such motion

to another Immigration Judge. Motions

to reopen or reconsider a decision of the

Immigration Judge must be filed with

the Office of the Immigration Judge

having administrative control over the

record of proceeding. Such motions

shall comply with applicable provisions

of 8 CFR 208.4, 208.19, and 242.22. The

Immigration Judge may set and extend

time limits for replies to motions to

reopen or reconsider. A motion shall be

deemed unopposed unless timely

response is made. A motion to

reconsider shall state the reasons for the

motion and shall be supported by

pertinent authority. Any motion to

reopen for the purpose of action on an

application for relief must be

accompanied by the appropriate

application for relief and all supporting

documents.

(2) A motion to reopen will not be

granted unless the Immigration Judge is

satisfied that evidence sought to be

offered is material and was not available

and could not have been discovered or

presented at the hearing; nor will any

motion to reopen for the purpose of

providing the alien an opportunity to

apply for any form of discretionary

relief be granted if the alien’s rights to

make such application were fully

explained to him or her by the

Immigration Judge and he or she was

afforded an opportunity to do so at the

hearing, unless the relief is sought on

the basis of circumstances that have

arisen subsequent to the hearing.

Subject to the other requirements and

restrictions of this section, a motion to

reopen proceedings for consideration or

further consideration of an application

for relief under section 212(c) of the Act

(8 U.S.C. 1182(c)) may be granted if the

alien demonstrates that he or she was

statutorily eligible for such relief prior

to the entry of the administratively final

order of deportation.

(3) A motion to reconsider must be

filed within 30 days after the date on

which the decision for which

reconsideration is being sought was

rendered, or within 30 days of the

effective date of the final rule,

whichever is later. A party may file only

one motion to reconsider any given

decision and may not seek

reconsideration of a decision denying a

previous motion to reconsider.

(4) Except as provided in paragraph

(b)(5) of this section, a party may file

only one motion to reopen proceedings

(whether before the Board or the

Immigration Judge) and that motion

must be filed not later than 90 days after

the date on which the final

administrative decision was rendered in

the proceeding sought to be reopened,

or within 90 days of the effective date

of the final rule, whichever is later.

(5) The time and numerical

limitations set forth in paragraph (b)(4)

of this section shall not apply to a

motion to reopen filed pursuant to the
Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules 24579

provisions of paragraph (b)(6) of this

section, or to a motion to reopen

proceedings to apply or reapply for

asylum or for withholding of

deportation based on changed

circumstances, which arise subsequent

to the commencement of proceedings, in

the country of nationality or in the

country to which deportation has been

ordered, or to a motion to reopen agreed

upon by all parties and jointly filed.

(6) A motion to reopen deportation

proceedings to rescind an order of

deportation entered in absentia must be

filed:

(i) Within 180 days after the date of

the order of deportation. The motion

must demonstrate that the failure to

appear was because of exceptional

circumstances beyond the control of the

alien (e.g., serious illness of the alien or

death of an immediate relative of the

alien, but not including less compelling

circumstances); or

(ii) At any time if the alien

demonstrates that the alien did not

receive notice in accordance with

subsection 242B(a)(2) of the Act, 8

U.S.C. 1252b(a)(2), and notice was

required pursuant to such subsection; or

the alien demonstrates that the alien

was in federal or state custody and did

not appear through no fault of the alien.

(7) Upon request by an alien in

conjunction with a motion to reopen or

a motion to reconsider, the Immigration

Judge may stay the execution of a final

order of deportation or exclusion. The

filing of a motion to reopen pursuant to

the provisions of paragraph (b)(5) of this

section shall stay the deportation of the

alien pending decision on the motion

and the adjudication of any properly

filed administrative appeal.

13. Section 3.24 is revised to read as

follows:

§ 3.24 Fees pertaining to matters within

the jurisdiction of the Immigration Judge.

Unless waived by the Immigration

Judge, any fee pertaining to a matter

within the jurisdiction of the

Immigration Judge shall be remitted in

accordance with the provisions of

§ 103.7 of this chapter. Any such fee

may be waived by the Immigration

Judge upon a showing that the

respondent/applicant is incapable of

paying the fees because of indigency. A

properly executed affidavit or unsworn

declaration made pursuant to 28 U.S.C.

1746 by the respondent/applicant must

accompany the request for waiver of

fees and shall substantiate the indigency

of the respondent/applicant.

14. Section 3.31 is amended by

revising paragraph (b) to read as follows:

§ 3.31 Filing documents and applications.

* * * * *

(b) All documents or applications

requiring the payment of a fee must be

accompanied by a fee receipt from the

Service or by an application for a waiver

of fees pursuant to § 3.24. Except as

provided in paragraphs (a) and (c) of

§ 3.8, any fee relating to Immigration

Judge proceedings shall be paid to, and

accepted by, any Service office

authorized to accept fees for other

purposes pursuant to § 103.7(a) of this

chapter.

* * * * *

15. Section 3.38 is amended by

redesignating paragraphs (c) and (d) as

paragraphs (d) and (e), respectively;

revising paragraph (b); and adding a

new paragraph (c) to read as follows:

§ 3.38 Appeals.

* * * * *

(b) The Notice of Appeal to the Board

of Immigration Appeals of Decision of

Immigration Judge (Form EOIR–26)

shall be filed directly with the Board of

Immigration Appeals within 15 calendar

days after the Immigration Judge has

rendered an oral decision on the record

in the presence of the respondent/

applicant or his or her attorney. Where

the decision of the Immigration Judge is

served by mail, the Notice of Appeal to

the Board of Immigration Appeals of

Decision of Immigration Judge (Form

EOIR–26) shall be filed with the Board

within 20 calendar days after the date

the decision is mailed. If the final date

for filing falls on a Saturday, Sunday or

legal holiday, this appeal time shall be

extended to the next business day. A

Notice of Appeal (Form EOIR–26) may

not be filed by any party who has

waived appeal.

(c) A Notice of Appeal must be

accompanied by the appropriate fee or

by an application for a waiver of fees.

If the fee is not paid or the application

for a waiver of fees is not filed within

the specified time period, as indicated

in paragraph (b) of this section, the

appeal will not be deemed properly

filed and the decision of the

Immigration Judge shall be final to the

same extent as though no appeal had

been taken.

* * * * *

PART 103—POWERS AND DUTIES OF

SERVICE OFFICERS; AVAILABILITY

OF SERVICE RECORDS

16. The authority citation for part 103

continues to read as follows:

Authority: 5 U.S.C. 552, 552(a); 8 U.S.C.

1101, 1103, 1201, 1252 note, 1252b, 1304,

1356; 31 U.S.C. 9701; E.O. 12356, 47 FR

14874, 15557, 3 CFR, 1982 Comp., p. 166; 8

CFR part 2.

§ 103.5 [Amended]

17. In § 103.5, paragraph (a)(1)(i), is

amended by revising the phrase ‘‘parts

210, 242, or 245a’’ to read ‘‘parts 3, 210,

242, and 245a’’.

18. Section 103.7 is revised to read as

follows:

§ 103.7 Fees.

(a) Remittances. Fees prescribed

within the framework of 31 U.S.C. 483a

shall be submitted with any formal

application or petition prescribed in this

chapter and shall be in the amount

prescribed by law or regulation. Except

for fees remitted directly to the Board

pursuant to the provisions of § 3.8(a) of

this chapter, any fee relating to any

Executive Office for Immigration

Review proceeding shall be paid to, and

accepted by, any Service office

authorized to accept fees. Payment of

any fee under this section does not

constitute filing of the document with

the Board or with the Office of the

Immigration Judge. The service shall

return to the payer at the time of

payment, a receipt for any fee paid. The

Service shall also return to the payer

any documents which were submitted

with the fee, relating to any Immigration

Judge proceeding. A charge of $5 will be

imposed if a check in payment of a fee

is not honored by the Bank on which it

is drawn. An issued receipt for any such

remittance shall not be binding if the

remittance is found uncollectible.

Remittances must be drawn on a bank

or other institution located in the

United States and be payable in United

States currency. Fees in the form of

postage stamps shall not be accepted.

Remittances to the Service shall be

made payable to the ‘‘Immigration and

Naturalization Service,’’ except that in

case of applicants residing in the Virgin

Islands of the United States, the

remittances shall be made payable to the

‘‘Commissioner of Finance of the Virgin

Islands,’’ and, in the case of applicants

residing in Guam, the remittances shall

be made payable to the ‘‘Treasurer,

Guam.’’ If application to the Service is

submitted from outside the United

States, remittance may be made by bank

international money order or foreign

draft drawn on a financial institution in

the United States and payable to the

Immigration and Naturalization Service

in United States currency. Remittances

to the Board shall be made payable to

the ‘‘United States Department of

Justice.’’
24580 Federal Register / Vol. 60, No. 89 / Tuesday, May 9, 1995 / Proposed Rules

PART 208—PROCEDURES FOR

ASYLUM AND WITHHOLDING OF

DEPORTATION

19. The authority citation for part 208

is revised to read as follows:

Authority: 8 U.S.C. 1103, 1158, 1226, 1252,

1252 note, 1252B, 1253, and 1283.

20. In § 208.19, paragraph (a) is

revised to read as follows:

§ 208.19 Motion to reopen or reconsider.

(a) A proceeding in which asylum or

withholding of deportation was denied

may be reopened or a decision from

such a proceeding reconsidered for

proper cause upon motion pursuant to

the requirements of 8 CFR 3.2, 3.23,

103.5, and 242.22 where applicable.

* * * * *

PART 242—PROCEEDINGS TO

DETERMINE DEPORTABILITY OF

ALIENS IN THE UNITED STATES:

APPREHENSION, CUSTODY,

HEARING, AND APPEAL

21. The authority citation for part 242

is revised to read as follows:

Authority: 8 U.S.C. 1103, 1182, 1186a,

1251, 1252, 1252 note, 1252b, 1254, 1362; 8

CFR part 2.

22. In § 242.21, paragraph (a) is

revised to read as follows;

§ 242.21 Appeals.

(a) Pursuant to part 3 of this chapter,

and appeal shall lie from a decision of

an Immigration Judge to the Board,

except that no appeal shall lie for an

order of deportation or exclusion

entered in absentia. The procedures

regarding the filing of a Notice of

Appeal (Form EORI—26), fees, and

briefs are set forth in §§ 3.3, 3.31, and

3.38 of this chapter. An appeal shall be

taken within 20 calendar days after the

mailing of a written decision, or 15

calendar days after the mailing of a

written decision, or 15 calendar days

after the stating of an oral decision, or

the service of a summary decision on

Form I–38 or Form I–39. The reasons for

the appeal shall be stated in the Notice

of Appeal, Form EOIR–26, in

accordance with the provisions of

§ 3.3(b) of this chapter. Failure to do so

may constitute a ground for dismissal of

the appeal by the Board pursuant to

§ 3.1(d)(1–a) of this chapter.

* * * * *

23. Section 242.22 is amended by

revising the first sentence and by adding

a sentence at the end, to read as follows:

§ 242.22 Reopening or reconsideration.

Motions to reopen or reconsider are

subject to the requirements and

limitations set forth in § 3.23 of this

chapter. * * * The filing of a motion to

reopen pursuant to the provisions of

§ 3.23(b)(5) of this chapter shall stay the

deportation of the alien pending the

disposition of the motion and the

adjudication of any properly filed

administrative appeal.

Dated: April 25, 1995.

Janet Reno,

Attorney General.

[FR Doc. 95–11002 Filed 5–8–95; 8:45 am]

BILLING CODE 153–126–GF–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 92

[Docket No. 91–071–1]

Importation of Hedgehogs and Tenrecs

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Proposed rule.

SUMMARY: We are proposing to amend

the animal importation regulations to

prohibit the importation of hedgehogs or

tenrecs into the United States from

countries affected by foot-and-mouth

disease. Additionally, we are proposing

to impose certain restrictions on the

importation of hedgehogs or tenrecs into

the United States from countries

declared free of foot-and-mouth disease.

We believe these actions are necessary

to prevent the introduction of foot-andmouth disease and other communicable

animal diseases into the United States.

DATES: Consideration will be given only

to comments received on or before July

10, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 91–071–1, Animal and Plant

Health Inspection Service, Policy and

Program Development, Regulatory

Analysis and Development, 4700 River

Road Unit 118, Riverdale, MD 20737–

1238. Please state that your comments

refer to Docket No. 91–071–1.

Comments received may be inspected at

USDA, room 1141, South Building, 14th

Street and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

Keith Hand, Senior Staff Veterinarian,

Animal and Plant Health Inspection

Service, Veterinary Services, ImportExport Animals Staff, 4700 River Road

Unit 39, Riverdale, MD 20737–1231,

(301) 734–5097.

SUPPLEMENTARY INFORMATION:

Background

The animal importation regulations

(contained in 9 CFR part 92 and referred

to below as the regulations) prohibit or

restrict the importation of certain

animals and birds into the United States

to prevent the introduction of

communicable diseases of livestock and

poultry. Subpart G of part 92 prohibits

the importation of brushtail possums

and hedgehogs from New Zealand.

Foot-and-mouth disease (FMD) is an

acute, highly contagious viral disease of

cloven-footed animals, causing fever

and blisters in the mouth and around

the hoofs. These blisters result in loss of

weight, due to the animal’s inability to

eat; the blisters may permanently

deform the animal’s feet. The high

morbidity rate of cattle affected with

FMD results in severe production losses,

highlighting the economic importance

of this disease. Estimates indicate that

an outbreak of FMD in the United States

could cost in excess of $1 billion.

Published research obtained by the

Animal and Plant Health Inspection

Service (APHIS) indicates that certain

animals of the order Insectivora,

including the family Erinaceidae

(hedgehogs), may harbor the FMD virus.

Animals of the family Tenrecidae

(tenrecs) are often referred to as the

Madagascar hedgehog, and are similar to

hedgehogs in appearance and behavior.

Given these similarities, we believe

tenrecs may also be capable of harboring

this virus and transmitting it to other

animals. Currently, there are no tests or

treatments for FMD in hedgehogs or

tenrecs. Therefore, we are proposing to

amend part 92 to prohibit the

importation of hedgehogs and tenrecs

into the United States from countries

where FMD exists to prevent the

introduction of FMD into the United

States.

Further, research and APHIS’

experience with hedgehogs and tenrecs

indicates that these animals present a

significant risk of carrying ectoparasites

(for example, ticks, mites, and lice).

Certain ticks spread East coast fever,

heartwater, African swine fever, and

other exotic diseases of livestock. Both

hedgehogs and tenrecs are hosts to the

type of ticks that carry these diseases,

which do not exist in the United States.

Therefore, we also propose to amend

part 92 to impose certain restrictions on

the importation of hedgehogs or tenrecs

from countries declared free of FMD,

including requirements for inspection

and treatment for ectoparasites.