Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations 21039

program participants necessary to

protect CCC’s interests.

List of Subjects in 7 CFR Part 1494

Administrative practice and

procedure, Agricultural commodities,

Exports, Government contracts,

Reporting and recordkeeping

requirements.

Accordingly, 7 CFR part 1494 is

amended to read as follows:

PART 1494—EXPORT BONUS

PROGRAMS

Subpart B—Export Enhancement Program

Operations

1. The authority citation for 7 CFR

part 1494, subpart B, continues to read

as follows:

Authority: 7 U.S.C. 5602, 5651, 5661, 5662,

5676; 15 U.S.C. 714c.

2. Paragraph (q) of § 1494.201 is

revised to read as follows:

§ 1494.201 Definitions of terms.

* * * * *

(q) Eligible exporter. A person that has

been notified by CCC that such person

is qualified to submit offers in response

to Invitations.

* * * * *

3. Section 1494.301 is amended by

revising the section introductory text

and the paragraph (a) introductory text;

by removing paragraph (a)(1) and

redesignating paragraphs (a)(2) through

(a)(6) as paragraphs (a)(1) through (a)(5),

respectively; by adding a new paragraph

(a)(6); by removing paragraph (b) and

redesignating paragraphs (c) through (g)

as paragraphs (b) through (f),

respectively; by revising newly

designated paragraphs (b), (d), (e) and

(f); and by adding a new paragraph (g)

to read as follows:

§ 1494.301 Information required for

program participation.

Before CCC will consider an offer

from an interested person, such person

must qualify for participation in the

program. Based upon information

submitted by the interested person and

available from public sources, CCC will

determine whether the interested person

is eligible for participation in the

program.

(a) Submission of documentation. An

interested person that wishes to qualify

as an eligible exporter must furnish the

following information or documentation

to CCC at the address referenced in the

Notice to Exporters--EEP Contacts:

* * * * *

(6) The following certification: ‘‘I

certify, to the best of my knowledge and

belief, that neither [name of interested

person] nor any of its principals has

been debarred, suspended, or proposed

for debarment from contracting with or

participating in programs administered

by any U.S. Government agency.

[‘‘Principals,’’ for the purpose of this

certification, means officers; directors;

owners of five percent or more of stock;

partners; and persons having primary

management or supervisory

responsibility within a business entity

(e.g., general manager, plant manager,

head of a subsidiary division or

business segment, and similar

positions).] I further agree that, should

any such debarment, suspension, or

notice of proposed debarment occur in

the future, [name of interested person]

will immediately notify CCC.’’

(b) Necessity to qualify. An interested

person may not submit an offer, and

CCC will not consider any such offer,

until CCC has notified the interested

person that such person has qualified as

an eligible exporter.

* * * * *

(d) Previous performance. CCC may

request additional information with

respect to the interested person’s

performance under any U.S.

Government programs or in connection

with any contracts or agreements with

the U.S. Government during the past

three years.

(e) Ineligibility for program

participation. A person may be

ineligible to participate in the EEP if

such person:

(1) Is currently debarred, suspended

or proposed for debarment from

contracting with or participating in any

program administered by a U.S.

Government agency; or

(2) Is controlled or can be controlled,

in whole or in part, by any individuals

or entities currently debarred,

suspended or proposed for debarment

from contracting with or participating in

programs administered by a U.S.

Government agency.

(f) Duty to update information

provided to CCC. An eligible exporter is

under a continuing obligation to inform

CCC of any changes in the information

or documentation submitted to CCC

pursuant to paragraph (a) of this section

and to provide current and accurate

information to CCC.

(g) Payment of bonus to exporters

without proven EEP participation. An

eligible exporter that has not yet

demonstrated its ability to participate

successfully in the EEP will be eligible

to receive a bonus payment(s) only after

the eligible commodity specified in an

EEP Agreement has entered into the

eligible country. Such an exporter must

furnish performance security under

‘‘Option B’’ of the applicable Invitation

and follow the procedure specified in

§ 1494.701(d) to request the payment of

the bonus. An eligible exporter may

demonstrate its ability to participate

successfully in the EEP by entering or

causing to be entered into the eligible

country at least 95% of the quantity of

the eligible commodity specified in any

one EEP Agreement. CCC will consider

that an exporter has proven its ability to

participate successfully in the EEP as of

the date on which CCC pays to the

exporter a bonus for entry of a quantity

that brings the total entered quantity for

any one EEP Agreement to at least 95%.

For all EEP Agreements that such

exporter enters into with CCC

subsequent to that date, the exporter

may furnish performance security under

‘‘Option A’’ of the applicable Invitation

and will be eligible to receive bonus

payments in accordance with

§ 1494.701(c).

Signed this 25th day of April, 1995 at

Washington, DC.

Christopher E. Goldthwait,

General Sales Manager and Vice President,

Commodity Credit Corporation.

[FR Doc. 95–10600 Filed 4–28–95; 8:45am]

BILLING CODE 3410–10–F

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 245a

[INS No. 1321–91; AG Order No. 1964–95]

RIN 1115–AC18

Procedure for Automatic Termination

of Temporary Resident Status Upon

Final Order of Deportation or

Exclusion

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule.

SUMMARY: This final rule amends

existing regulations by providing, in

specified circumstances, for the

automatic termination of temporary

resident status under provisions of the

Immigration and Nationality Act, as

amended (Act), upon the entry of a final

order of deportation or exclusion. This

amendment is necessary to avoid

possible delays in, or termination of,

pending deportation and exclusion

proceedings that would result if the

Immigration and Naturalization Service

(INS) were required to follow existing

procedures for the termination of

temporary resident status. This

amendment permits the expeditious

deportation and removal of aliens who

hold temporary resident status and have

been convicted of an aggravated felony
21040 Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations

or have been found to be ineligible for

admission into the United States for

reasons that are not waivable. This rule

also prevents the release of dangerous

criminal aliens into society during

deportation or exclusion proceedings.

EFFECTIVE DATE: This rule is effective

May 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Gerald S. Hurwitz, Counsel to the

Executive Director, Executive Office for

Immigration Review, Suite 2400,

Skyline Tower, 5107 Leesburg Pike,

Falls Church, Virginia 22041, telephone

number (703) 305–0470 or David Dixon,

Chief Appellate Counsel, Immigration

and Naturalization Service, 425 I Street,

N.W., Room 6100, Washington, DC

20536, telephone number (703) 756–

6257.

SUPPLEMENTARY INFORMATION: The INS

published a proposed rule on May 13,

1994 at 59 FR 24979. The proposed rule

provided for automatic termination of

temporary resident status under

provisions of the Act upon the entry of

a final order of deportation or exclusion.

No comments were received and no

changes have been made by the INS in

preparing this final rule. This final rule

will correct a procedural anomaly that

has resulted in the release of aggravated

felons who hold temporary resident

status and which has impaired the

ability of the INS to deport those who,

after obtaining temporary resident

status, commit deportable acts.

Matter of Medrano, Interim Decision

#3138 (BIA September 10, 1990)

(Medrano), holds that the status of a

temporary resident alien must first be

terminated pursuant to section

245A(b)(2) of the Act (8 U.S.C.

1255a(b)(2)) and in accordance with 8

CFR 245a.2(u) before any deportation

proceedings can be commenced. That

interpretation leaves the INS with

conflicting mandates.

Medrano requires termination of

temporary resident status before

apprehension and commencement of

deportation proceedings against a

deportable alien, yet section

242(a)(2)(A) of the Act (8 U.S.C.

1252(a)(2)(A)) requires the INS to detain

aggravated felons. Medrano and 8 CFR

245a.2(u)(2) also grant more procedural

rights to temporary residents than to

lawful permanent residents. Under

Medrano and 8 CFR 245a.2(u)(2), the

INS must terminate, as a condition

precedent to the commencement of

deportation proceedings, the temporary

resident status of an alien who commits

a deportable offense after he has

acquired temporary resident status. In

contrast, permanent residents may be

deported upon commission of an

aggravated felony without first having

their status terminated. This final rule,

permitting deportation proceedings

prior to terminating temporary status,

conforms with other regulations

currently in force with respect to

automatic revocation of status of Special

Agricultural Workers. See 8 CFR

210.4(d).

Thus, in order to avoid any delay or

termination of deportation or exclusion

proceedings that may be caused by

invoking the termination procedure

prescribed in 8 CFR 245a.2(u)(2) and to

permit the expeditious deportation and

removal of aggravated felons as required

by section 242A(d) (8 U.S.C. 1252a(d))

and 242(i) (8 U.S.C. 1252(i)) of the Act,

a new paragraph (ii) has been added to

section 245a.2(u)(2). The new paragraph

provides for the institution of

deportation or exclusion proceedings

and the automatic termination of

temporary resident status upon the

entry of a final order of deportation or

exclusion in cases where: (1) The

ground for deportation arises under

section 241(a)(2)(A)(iii) of the Act (8

U.S.C. 1251(a)(2)(A)(iii)) (convicted

aggravated felons); (2) the ground of

deportation arises after the acquisition

of temporary resident status, and that

ground may not be waived pursuant to

section 245A(d)(2)(B)(ii) of the Act (8

U.S.C. 1255a(d)(2)(B)(ii)) (relating to

certain crimes, drug offenses, national

security and likelihood of becoming a

public charge); or (3) the alien seeks

admission and the ground of

inadmissibility may not be waived

pursuant to section 245A(d)(2)(B)(ii) of

the Act (8 U.S.C. 1255a(d)(2)(B)(ii).

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

the Attorney General certifies that this

rule will not have a significant adverse

economic impact on a substantial

number of small entities. It will affect

certain individual aliens, not small

entities. This is not a significant rule

within the meaning of section 3(f) of

Executive Order 12866, nor does this

rule have Federalism implications

warranting the preparation of a

Federalism Assessment in accordance

with Executive Order 12612.

List of Subjects in 8 CFR Part 245a

Aliens, Immigration, Reporting and

recordkeeping requirements.

Accordingly, part 245a of chapter I of

title 8 of the Code of Federal

Regulations is amended as follows:

PART 245a—ADJUSTMENT OF

STATUS TO THAT OF PERSONS

ADMITTED FOR LAWFUL

TEMPORARY OR PERMANENT

RESIDENT STATUS UNDER SECTION

245A OF THE IMMIGRATION AND

NATIONALITY ACT

1. The heading for part 245a is revised

to read as set forth above.

2. The authority citation for part 245a

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1255a, and

1255a note.

3. Section 245a.2(u)(2) is amended by:

a. Designating the existing text of

paragraph (u)(2) as paragraph (u)(2)(i);

b. Adding a new heading and revising

the first sentence of paragraph (u)(2)(i);

and

c. Adding a new paragraph (u)(2)(ii),

to read as follows:

§ 245a.2 Application for temporary

residence.

* * * * *

(u) * * *

(2) * * *

(i) Termination by the Service. Except

as provided in paragraph (u)(2)(ii) of

this section, termination of an alien’s

temporary resident status under

paragraph (u)(1) of this section will be

made before instituting deportation

proceedings against a temporary

resident alien and only on notice sent to

the alien by certified mail directed to

his or her last known address, and to his

or her representative, if any. * * *

(ii) Termination upon entry of final

order of deportation or exclusion. (A)

The Service may institute deportation or

exclusion proceedings against a

temporary resident alien without regard

to the procedures set forth in paragraph

(u)(2)(i) of this section:

(1) If the ground for deportation arises

under section 241(a)(2)(A)(iii) of the Act

(8 U.S.C. 1251(a)(2)(A)(iii));

(2) If the ground for deportation arises

after the acquisition of temporary

resident status, and the basis of such

ground of deportation is not waivable

pursuant to section 245A(d)(2)(B)(ii) of

the Act (8 U.S.C. 1255a(d)(2)(B)(ii)); or

(3) If the ground for exclusion arises

after the acquisition of temporary

resident status and is not waivable

pursuant to section 245A(d)(2)(B)(ii) of

the Act (8 U.S.C. 1255a(d)(2)(B)(ii)).

(B) In such cases, the entry of a final

order of deportation or exclusion will

automatically terminate an alien’s

temporary resident status acquired

under section 245A(a)(1) of the Act.

* * * * *
Federal Register / Vol. 60, No. 83 / Monday, May 1, 1995 / Rules and Regulations 21041

Dated: April 21, 1995.

Janet Reno,

Attorney General.

[FR Doc. 95–10548 Filed 4–28–95; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–54–AD; Amendment

39–212; AD 95–09–09]

Airworthiness Directives; McDonnell

Douglas Model DC–8–60 Series

Airplanes Equipped With Engines

Modified by Burbank Aeronautical

Corporation II (BAC II) in Accordance

With Supplemental Type Certificate

(STC) SA4892NM or SA5455NM

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain McDonnell

Douglas Model DC–8–60 series

airplanes. This action requires

inspection to determine the part number

of the cone bolt on the right side of the

forward mount of each engine, and

replacement of the bolt, if necessary.

This amendment is prompted by a

report of failure of a cone bolt at that

location on an engine of one airplane.

The actions specified in this AD are

intended to prevent failure of the cone

bolt on the right side of the forward

mount of the engine, which may lead to

separation of the engine during a critical

phase of flight.

DATES: Effective May 16, 1995.

Comments for inclusion in the Rules

Docket must be received on or before

June 30, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

54–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Information concerning this

amendment may be obtained from or

examined at the FAA, Transport

Airplane Directorate, 1601 Lind

Avenue, SW., Renton, Washington; or at

the FAA, Los Angeles Aircraft

Certification Office, Transport Airplane

Directorate, 3960 Paramount Boulevard,

Lakewood, California.

FOR FURTHER INFORMATION CONTACT:

David Y. J. Hsu, Aerospace Engineer,

Airframe Branch, ANM–120L, FAA, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712; telephone (310) 627–

5323; fax (310) 627–5210.

SUPPLEMENTARY INFORMATION: Recently,

the FAA received a report of failure of

a cone bolt on the right side of the

forward mount of an engine on a

McDonnell Douglas Model DC–8–60

series airplane. Investigation revealed

that corrosion pitting at the base of the

bolt thread caused the cone bolt to fail.

Further investigation indicated that this

cone bolt, BAC II part number (P/N)

DC–8–21005–7, was re-manufactured

from a 15-year-old bolt. This bolt had

accumulated 3,526 flight hours since it

had been installed on the engine, which

was modified by Burbank Aeronautical

Corporation II (BAC II) in accordance

with Supplemental Type Certificate

(STC) SA4892NM. This condition, if not

corrected in a timely manner, could

result in failure of the cone bolt on the

right side of the forward mount of the

engine, which may lead to separation of

the engine during a critical phase of

flight.

Since both STC’s SA4892NM and

SA5455NM specify the same cone bolts,

the FAA has determined that the subject

unsafe condition is likely to exist or

develop on all Model DC–8–60 series

airplanes equipped with engines

modified by BAC II in accordance with

either STC. The FAA finds that the

differences in design and materials used

to manufacture cone bolts having Barry

Controls part number, P/N 96013–1,

make them less susceptible to corrosion.

Therefore, the FAA has determined that

cone bolts having BAC II part number,

DC–8–21005–7, must be replaced with

cone bolts having the Barry Controls

part number.

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design, this AD is being issued to

prevent failure of the cone bolt on the

right side of the forward mount of the

engine, which may lead to separation of

the engine during a critical phase of

flight. This AD requires a one-time

inspection to determine the part number

of the cone bolt on the right side of the

forward mount of the engine, and

replacement of certain cone bolts having

BAC II part numbers with cone bolts

having Barry Controls part numbers.

This AD also requires that operators

submit a report to the FAA of the

findings of discrepant bolts.

This is considered to be interim

action until such time that all cone bolts

having BAC II part numbers have been

removed from the fleet and the FAA has

accounted for all cone bolts having BAC

II part numbers. The information from

the required reports from operators will

enable the FAA to account for those

cone bolts and to determine if

additional rulemaking action is

warranted.

Since a situation exists that requires

the immediate adoption of this

regulation, it is found that notice and

opportunity for prior public comment

hereon are impracticable, and that good

cause exists for making this amendment

effective in less than 30 days.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this 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

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the 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 that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this rule must

submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 95–NM–54–AD.’’ The

postcard will be date stamped and

returned to the commenter.

The regulations adopted herein will

not have substantial direct effects on the

States, on the relationship between the

national government and the States, or

on the distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,