26676 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

under any civil or criminal fraud statute

or any other statute or provision of law

including, but not limited to, 18 U.S.C.

286, 287, 371, 641, 1001; 1014, and 31

U.S.C. 3729.

(b) All producers receiving payments

under this part will be jointly and

severally liable to repay any unearned

NAP payments.

§ 404.33 Appeals.

The appeal, reconsideration, or

review of all determinations made

under this part, except the designation

of an area for which there is no appeal

rights because it is determined a rule of

general applicability, must be in

accordance with part 780 of this title or

the regulations promulgated by the

National Appeals Division, whichever is

applicable.

§ 404.35 Exemption from levy.

Any payment that is due any person

under this part will be made without

regard to questions of title under state

law and without regard to any

attachment, levy, garnishment, or any

other legal process against the crop, and

the proceeds thereof, which may be

asserted by any creditor, except

statutory liens of the United States.

§ 404.37 Estates, trusts, and minors.

(a) Program documents executed by

persons legally authorized to represent

estates or trusts will be accepted only if

such person furnishes evidence of the

authority to execute such documents.

(b) A minor who is otherwise eligible

will be eligible for NAP payments under

this part only if such person meets one

of the following requirements:

(1) The minor establishes that the

right of majority has been conferred on

the minor by court proceedings or by

statute;

(2) A guardian has been appointed to

manage the minor’s property and the

applicable program documents are

executed by the guardian; or

(3) A bond is furnished under which

the surety guarantees any loss incurred

for which the minor would be liable had

the minor been an adult.

§ 404.39 Death, incompetence, or

disappearance.

In the case of death, incompetence or

disappearance, of any person who is

eligible to receive NAP payments in

accordance with this part, such

payments will be disbursed in

accordance with part 707 of this title.

§ 404.41 OMB control numbers.

The provisions set forth in this

interim rule contain information

collection that require clearance by the

Office of Management and Budget

(‘‘OMB’’) under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.). Previous information collection

requirements have been approved under

OMB control numbers 0560–0004,

0563–0007, 0563–0016, and 0563–0036.

The new information collection

requirements have been submitted to

OMB for approval under OMB control

number 0563–0016 and are not effective

until approved by OMB.

Done in Washington, DC, on May 15, 1995.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 95–12292 Filed 5–15–95; 4:29 pm]

BILLING CODE 3410–08–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 212, 245, and 248

[INS No. 1688–95]

RIN 1115–AD89

Waiver of the Two-Year Home Country

Physical Presence Requirement for

Certain Foreign Medical Graduates

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule amends the

Immigration and Naturalization Service

(Service) regulations by allowing certain

foreign medical graduates who entered

the United States in J–1 status, or who

acquired J–1 status after arrival in the

United States, to obtain a waiver of the

2-year home country residence and

physical presence requirement under

section 212(e)(iii) of the Immigration

and Nationality Act (Act) pursuant to a

request by a State Department of Public

Health, or its equivalent. The waiver is

intended to permit these foreign

medical graduates to work at a health

care facility in an area designated by the

Secretary, Health and Human Services

(HHS), as having a shortage of health

care professionals (‘‘HHS-designated

shortage area’’). This interim rule also

contains provisions which will permit

these foreign medical graduates to

change their nonimmigrant status in the

United States from J–1 exchange visitor

to H–1B specialty occupation worker.

DATES: This interim rule is effective May

18, 1995. Written comments must be

received on or before July 17, 1995.

ADDRESSES: Please submit written

comments, in triplicate, to the Director,

Policy Directives and Instructions

Branch, Immigration and Naturalization

Service, 425 I Street, NW., Room 5307,

Washington, DC 20536. To ensure

proper handling, please reference INS

number 1688–95 on your

correspondence. Comments are

available for public inspection at this

location by calling (202) 514–3048 to

arrange an appointment.

FOR FURTHER INFORMATION CONTACT:

Sophia Cox, Senior Adjudications

Officer, Adjudications Division,

Immigration and Naturalization Service,

425 I Street NW., Room 3214,

Washington, DC 20536, telephone (202)

514–5014.

SUPPLEMENTARY INFORMATION:

Background

Under section 212(e) of the Act,

certain J–1 exchange visitors (and their

J–2 dependent spouse and children) are

subject to a 2-year home country

residence and physical presence

requirement (the ‘‘2-year requirement’’).

Exchange visitors (and dependents) who

are subject to this requirement must

reside and be physically present in their

country of nationality or last residence

abroad (‘‘home’’ country) for an

aggregate of at least 2 years following

departure from the United States. J–1/J–

2 exchange visitors who are subject to

the 2-year requirement are not allowed

to change their nonimmigrant status to,

or be admitted to the United States

under the H (temporary worker or

trainee) or L (intracompany transferee)

nonimmigrant categories, or acquire

lawful permanent resident status, unless

they have complied with this

requirement or have been granted a

waiver thereof.

The following categories of exchange

visitors (and their accompanying spouse

and children in dependent J–2 status)

are subject to the 2-year requirement: (a)

Those whose J–1 program was financed

in whole or in part by an agency of the

U.S. Government, or by the government

of their ‘‘home’’ country; (b) those

whose field of specialized knowledge or

skill, as indicated on Form IAP–66

(Certificate of Eligibility), is required in

their home country; and (c) those who

entered the United States in J–1 status

(or who acquired J–1 status subsequent

to arrival in the United States) to receive

graduate medical education or training.

Under section 212(e) of the Act, a

waiver of the 2-year requirement may be

granted by the Service upon the

favorable recommendation of the

Director of the United States

Information Agency (USIA). Waivers

can be obtained on the basis of: (a)

Exceptional hardship to the applicant’s

U.S. citizen or permanent resident
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26677

spouse or children; (b) persecution on

account of race, religion, or political

opinion; (c) a ‘‘no objection’’ statement

issued by the applicant’s ‘‘home’’

country; or (d) a request made to USIA

by an interested U.S. Government

agency to recommend a waiver to the

Service, because the applicant’s work is

deemed to serve the public interest. By

statute, in the case of foreign medical

graduates who entered the United States

to receive graduate medical education or

training (and accompanying J–2

dependents), a ‘‘no objection’’ statement

does not constitute a basis for USIA to

recommend a waiver to the Service.

Therefore, even if a ‘‘no objection’’

statement on behalf of such a foreign

medical graduate has been issued, the

Service is statutorily required to deny

the waiver application, if such a

statement forms the only basis for the

waiver request.

A substantial number of foreign

medical graduates pursue waivers of the

2-year requirement through requests by

an interested U.S. Government agency.

Prior to the enactment of section 220 of

the Immigration and Nationality

Technical Corrections Act of 1994 (1994

Technical Corrections Act), Pub. L. 103–

416, 108 Stat. 4310, 4319–4320, dated

October 25, 1994, only Federal

Government agencies were considered

to be an ‘‘interested United States

Government agency’’ eligible to submit

a waiver request to USIA on behalf of

a J–1 exchange visitor. Because State

governments were not permitted to act

as interested government agencies, they

were required to solicit the assistance of

an appropriate Federal agency. Section

212(e)(iii) of the Act, as amended by

section 220(b) of the 1994 Technical

Corrections Act, now permits State

Departments of Public Health, or their

equivalent, to submit waiver requests

for foreign medical graduates directly to

USIA, provided that certain conditions

have been met, as explained below.

As noted, under section 212(e) of the

Act, the Service may not approve the

applicant’s waiver request unless the

Director of the USIA has issued a

favorable waiver recommendation. If

USIA issues a favorable waiver

recommendation, it notifies the Service

thereof. Section 212(e) of the Act

permits, but does not require, the

Attorney General to grant the waiver

pursuant to a favorable USIA

recommendation. On the other hand, if

USIA issues an unfavorable waiver

recommendation, the Service must deny

the waiver application. The Service’s

decision to deny the application may

not be appealed, if the denial is based

on lack of a favorable USIA waiver

recommendation. Section 212(e)

waivers are valid only for those

exchange programs indicated in the

waiver request. Any subsequent J

program extension or program transfer

may re-subject the exchange visitor (and

his or her dependents) to the 2-year

requirement.

Under current procedures, an

application form is not required when

the waiver application is based on an

interested U.S. Government agency

request or a no objection statement.

Similarly, a form will not be required to

apply for a waiver based on a request by

a State Department of Public Health.

The Service is in the process of

developing an omnibus form to be used

for all waiver applications, including

waivers of the 2-year requirement. It

should be noted that the burden rests on

the applicant to establish eligibility for

a waiver of the 2-year requirement. In

certain cases, therefore, the Service may

require other documentation from the

applicant besides the favorable USIA

recommendation to fully assess his or

her waiver eligibility.

After the Service approves an

application for a waiver of the 2-year

requirement, the J–1 exchange visitor

may seek H nonimmigrant status in

order to engage in temporary

employment for the organization or

entity named in the waiver application.

Foreign medical graduates who wish to

work temporarily in the Unites States

once a waiver of the 2-year requirement

has been granted may seek H–1B

classification as a specialty occupation

worker. An alien may obtain H–1B

status either through the simultaneous

filing of an H–1B petition by the

prospective employer and a change of

status application by the alien, if the

alien is in the United States, or through

the filing of an H–1B petition alone and

the alien subsequently obtaining the

visa at a consular post abroad. Change

of status applications are governed by

section 248 of the Act. To request a

change of nonimmigrant status from J–

1 to H–1B, a change of status

application must be filed

simultaneously with the H–1B

nonimmigrant visa petition, if the

applicant is eligible. Once the H–1B

petition and change of status

application are approved, the alien will

be permitted to remain in the United

States and commence temporary

employment with the employer or

organization named in the approved H–

1B petition.

As 8 CFR 248.2(c) currently reads,

foreign medical graduates (and their

dependents) who entered the United

States on J–1 visas (or who acquired J–

1 status after admission) to pursue

graduate medical education or training

are ineligible to apply for change of

status under section 248 of the Act, even

if a waiver of the 2-year requirement has

been granted. This interim regulation

revises 8 CFR 248.2(c) to conform with

section 220 of the 1994 Technical

Corrections Act. Accordingly, this

interim regulation provides that foreign

medical graduates who received a

waiver of the 2-year requirement

pursuant to a request by a State

Department of Public Health, or its

equivalent, may apply for change of

status from J–1 to H–1B, if they other

wise satisfy the change of status criteria

found under section 248 of the Act.

Public Law 103–416

Section 220 of the 1994 Technical

Corrections Act, enacted on October 25,

1994, permits the Service to grant a

waiver of the 2-year requirement to a

limited number of foreign medical

graduates who have received a bona fide

offer of full-time employment and who

agree to practice medicine at a health

care facility located in an HHSdesignated shortage area. Any foreign

medical graduate who is subject to the

2-year requirement, and who meets the

eligibility criteria, may apply for a

waiver under Pub. L. 103–416,

regardless of whether he or she is

physically present in the United States.

To be eligible for the waiver, the

foreign medical graduate must enter into

an employment contract to practice

medicine full-time for at least 3 years at

a health care facility located in the HHSdesignated shortage area, and must

agree to commence such employment

within 90 days of receipt of the waiver.

The Service may grant the waiver only

if the Department of Public Health, or its

equivalent, of the State where the

foreign medical graduate will be

employed, submits a formal request to

USIA for a waiver recommendation, and

USIA submits a favorable waiver

recommendation to the Service.

Although the State Department of Public

Health, or its equivalent, must request

the waiver on behalf of the foreign

medical graduate, the health care

facility at which the foreign medical

graduate will work need not actually be

owned or operated by the State.

The Service notes that section 220 of

Pub. L. 103–416 does not expressly

waive the 2-year requirement for the

accompanying spouse or children of the

foreign medical graduate. Longstanding

Service policy, however, permits J–1

exchange visitors to include their J–2

dependent spouse and children in the

waiver application. Consequently, a

foreign medical graduate seeking a

waiver of the 2-year requirement under

section 220 of Pub. L. 103–416 shall be
26678 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

permitted to include his or her

accompanying J–2 spouse and children

in the waiver application.

Foreign Medical Graduate

In the context of this interim rule, a

foreign medical graduate refers

specifically to a foreign national who

has graduated from a medical school

outside of the United States, and who

acquired J–1 status to pursue graduate

medical education or training in the

United States. Foreign medical

graduates seeking J–1 classification to

pursue graduate medical education or

training in the United States are subject

to strict requirements set forth in section

212(j)(1) of the Act, and are subject to

the 2-year requirement.

State Department of Public Health, or

its Equivalent

Section 220 of Pub. L. 103–416

amends section 212(e)(iii) of the Act by

permitting State Departments of Public

Health (or their equivalent), in addition

to U.S. Federal Government agencies, to

submit requests for waiver

recommendations directly to USIA on

behalf of foreign medical graduates.

Section 101(a)(36) of the Act defines the

term ‘‘State’’ to include the District of

Columbia, Puerto Rico, Guam, and the

U.S. Virgin Islands, in addition to the 50

states. The same definition will apply to

the term ‘‘State’’ in this rule. Further, it

is the opinion of the Service that the

statutory term ‘‘State Department of

Public Health, or its equivalent’’ means

the State agency or department that is

responsible for public health issues,

regardless of what the actual name of

that agency or department is under State

law.

Restrictions Imposed on the Waiver

and the Change of Status Application

Section 214(k) of the Act, as added by

section 220 of Pub. L. 103–416, imposes

restrictions on waivers of the 2-year

requirement for foreign medical

graduates, when the application is based

on a request by a State Department of

Public Health, or its equivalent. By

imposing conditions under section

214(k) of the Act, Congress manifested

its intent that waivers of the 2-year

requirement be granted only under

strictly limited and controlled

circumstances.

No objection statements. Section

214(k)(1)(A) of the Act provides that ‘‘in

the case of an alien who is otherwise

contractually obligated to return to a

foreign country, the government of such

country (must) furnish ( ) the Director

of the United States Information Agency

with a statement in writing that it has

no objection to the waiver.’’ The foreign

medical graduate seeking the waiver is

responsible for ensuring that the ‘‘no

objection’’ statement is provided

directly to USIA. This additional

requirement applies only when the

foreign medical graduate seeks a waiver

of the 2-year requirement pursuant to a

request by a State Department of Public

Health (or its equivalent). USIA

addresses the question of what

constitutes a contractual obligation in

the preamble to its interim rule

amending 22 CFR 514.44(e)(2), which

was published in the Federal Register

on April 3, 1995, at 60 FR 16785–16788.

Employment contracts. Section

214(k)(1)(B) of the Act provides that the

Service may grant a waiver of the 2-year

requirement based on a request by a

State Department of Public Health only

if the foreign medical graduate

demonstrates a bona fide offer of fulltime employment at a health facility and

agrees to begin such employment within

90 days of receipt of the waiver. Section

214(k)(1)(B) of the Act also provides that

the foreign medical graduate must agree

to continue working at the health care

facility named in the employment

contract for at least 3 years. Such

employment must be in accordance

with the provisions of section 214(k)(2)

of the Act. The USIA’s implementing

regulations at 22 CFR 514.44(e)(3)(B)

therefore provide that the State

Department of Public Health is required

to submit the actual contract between

the alien and the health care facility at

the time the request for the favorable

recommendation is made.

HHS-designated shortage areas.

Section 214(k)(1)(C) of the Act provides

that the foreign medical graduate must

agree to practice medicine in

accordance with section 214(k)(2) of the

Act for at least 3 years ‘‘only in the

geographic area or areas which are

designated by the Secretary of Health

and Human Services as having a

shortage of health care professionals.’’

Since the Service is bound by HHS’

determination of what constitutes a

‘‘geographic area or areas * * * having

a shortage of health care professionals,’’

the request of a State Department of

Public Health (or its equivalent),

standing alone, cannot be deemed

sufficient to meet his statutory

requirement. The waiver application

must be accompanied by evidence

establishing that the geographic area or

areas in which the foreign medical

graduate will practice medicine are in

HHS-designated shortage areas.

Numerical limitations on waivers

under Pub. L. 103–416. Section

214(k)(1)(D) of the Act limits to 20-perstate the number of waivers the Service

may grant under Pub. L. 103–416 each

fiscal year. Consequently, if the Director

of USIA issues a favorable waiver

recommendation under Pub. L. 103–

416, but the State requesting the waiver

already has exhausted its annual waiver

allotment, the Service is statutorily

required to deny the waiver application.

Accordingly, this rule provides that no

appeal shall lie where the basis for

denial is that the State has already been

granted 20 waivers for that fiscal year.

Completion of the required 3-year

employment contract as an H–1B

nonimmigrant and change of

nonimmigrant status from J–1 to H–1B.

The restrictions imposed by Congress

under section 214(k)(1) and (2) of the

Act were intended to ensure that

waivers of the 2-year requirement under

Pub. L. 103–416 are granted only under

strictly limited and controlled

circumstances. These restrictions were

also intended to ensure that foreign

medical graduates who receive such a

waiver actually provide health care

services to those living HHS-designated

shortage ares.

Under section 248(2) of the Act, a

foreign medical graduate who came to

the United States in J classification or

acquired J classification in order to

receive graduate medical education or

training would normally be prohibited

from filing an application for change of

status. Section 214(k)(2)(A) of the Act,

as added by section 220 of Pub. L. 103–

416, however, provides that

‘‘notwithstanding section 248(2), the

Attorney General may change the status

of an alien that qualifies under this

subsection and section 212(e) to that of

an alien described in section

101(a)(15)(i)(b).’’ Section 214(k)(2) of the

Act, as added by section 220 of Pub. L.

103–416 also states that no foreign

medical graduate who has been granted

a waiver and a change of nonimmigrant

status from J–1 to H–1B, and who has

failed to complete the 3-year

employment contract with the

sponsoring health care facility, shall be

eligible to apply for an immigrant visa,

for permanent residence, or for change

of status to any other nonimmigrant

category, until it has been established

that he or she has resided and been

physically present in his or her home

country for an aggregate of 2 years

following departure from the United

States. Thus, section 212(k)(2) of the Act

allows the foreign medical graduate to

apply for change of nonimmigrant status

from J–1, only to H–1B upon approval

of the waiver, and also stipulates that a

foreign medical graduate who fails to

fulfill the required 3-year employment

contract again becomes subject to the 2-

year requirement. Taken together, these

two provisions indicate that Congress
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26679

did not intend to permit the foreign

medical graduate to proceed from J–1

status directly to lawful permanent

resident status upon approval of the

waiver.

Based on the above, the Service is of

the opinion that, in enacting section

214(k) of the Act, Congress manifested

its clear intent to require all foreign

medical graduates, including those

seeking to adjust their status or

immigrate to this country, as well as

those immediately changing status from

J–1 to H–1B, to fulfill the 3-year

employment contract or become subject

to the 2-year requirement. To enable the

Service to maintain control over the

foreign medical graduate’s stay in the

United States in the manner intended by

Congress, this interim rule provides that

the foreign medical graduate must

actually fulfill the contract with the

health care facility named in the waiver

application prior to obtaining

permanent residence, or any

nonimmigrant status other than H–1B.

Accordingly, this interim regulation

provides that a foreign medical graduate

who received a waiver of the 2-year

requirement under Pub. L. 103–416 may

not apply for a change of status to

another nonimmigrant category, for an

immigrant visa, or for status as a lawful

permanent resident prior to completing

the required 3-year employment

contract as an H–1B nonimmigrant with

the health care facility named in the

waiver application.

Eligibility to apply for change of

status from J–1 to H–1B. While section

214(k)(2)(A) of the Act allows foreign

medical graduates who received a

waiver under Pub. L. 103–416 to apply

for change of status from J–1 to H–1B

(and their dependents from J–2 to H–4),

it does not excuse the late filing of the

application. Foreign medical graduates

who have been granted a waiver of the

2-year requirement under Pub. L. 103–

416, must be in valid J status when the

change of status application is filed.

Service regulations at 8 CFR

214.2(j)(1)(ii) provide that J–1 exchange

visitors may be admitted to the United

States for the duration of the exchange

program, as noted on Form IAP–66, and

an additional 30 days for travel. While

J–1 exchange visitors are not authorized

to work during this 30-day grace period

(see § 274a.12(b)(11)), they are

considered to be ‘‘in status’’ for

purposes of applying for change of

status under section 248 of the Act.

To prevent the foreign medical

graduate from falling out of lawful

nonimmigrant status, the Service

encourages the State Department of

Public Health to allow ample time for

processing the waiver and subsequent

filing and processing of the H–1B

petition and change of status

application. Foreign medical graduates

who received a waiver under section

220 of Pub. L. 103–416 and whose J

nonimmigrant stay has expired, or who

have engaged in unauthorized

employment, are ineligible to apply for

change of status under section 248 of

the Act. Such persons would not be

precluded, however, from procuring an

H–1B visa at a U.S. consular post abroad

and seeking readmission to the United

States in H–1B status to commence

employment with the sponsoring health

care facility.

Numerical limitations imposed on the

issuance of H–1B visas. Although

section 214(k)(2)(A) of the Act eases the

change of status restrictions under

section 248(2) of the Act, it does not

ease the annual numerical limitations

imposed on the H–1B specialty worker

category under section 214(g)(1)(A) of

the Act. Consequently, the Service

would not be prohibited from granting

a waiver of the 2-year requirement

under Pub. L. 103–416, but would be

statutorily prohibited from according H–

1B status to the foreign medical

graduate, if the annual numerical

limitations imposed on the issuance of

H–1B visas under section 214(g)(1)(A) of

the Act have been reached.

Control measures to be implemented

by the Service. As noted, waivers of the

2-year requirement pursuant to Pub. L.

103–416 are based on the premise that

the foreign medical graduate’s work at a

health care facility will assist States in

coping with health care shortages. To

ensure compliance with section 214(k)

of the Act, and to ensure that the public

receives the intended benefit, the

Service will implement the following

measures.

The Form I–797 (Notice of Action)

(including I–797A and I–797B)

currently used to notify the alien of the

approved waiver and/or change of status

from J–1 to H–1B, if applicable, will

explicitly state the terms and conditions

of the waiver and change of status. To

facilitate issuance of the H–1B visa

abroad, or admission as an H–1B

nonimmigrant at the port-of-entry in

cases where the foreign medical

graduate is ineligible or chooses not to

apply for change of status, the H–1B

approval notice shall indicate that he or

she has obtained the necessary waiver

under Pub. L. 103–416. Such

notification serves two purposes. It

ensures that the foreign medical

graduate is made fully aware of the

terms and conditions of his or her

waiver and change of status. It also

alerts the Service officer or State Health

Department that special conditions have

been placed on the alien’s

nonimmigrant status, thereby enabling

the officer to take whatever steps are

necessary to ensure that the alien’s file

is noted accordingly. When the foreign

medical graduate’s Form I–797 is later

presented in support of an application

for another benefit, such as an amended

H–1B petition, a new H–1B petition for

a different employer, or an adjustment

of status application, the adjudicating

officer will again be alerted to the

special conditions that have been placed

on the alien’s nonimmigrant status. As

a result, the Service will be able to

verify whether the terms and conditions

imposed under section 214(k) of the Act

have been satisfied. These control

measures are reflected in this interim

rule at 8 CFR 212.7(c)(9)(ii).

Inability To Fulfill the Three-Year

Employment Contract Due to

Extenuating Circumstances

New section 214(k)(1)(B) of the Act

grants the Attorney General discretion

to excuse early termination of

employment upon determining that

extenuating circumstances so justify.

The statute provides that extenuating

circumstances may include the closure

of the health care facility or hardship to

the alien.

In determining whether to excuse the

foreign medical graduate’s early

termination of employment with the

health care facility named in the waiver

application, the Service will carefully

consider whether, based on all the facts

before it, excusing such early

termination would be consistent with

the purpose of the statute—provision of

health care services for at least a 3-year

period of time in an HHS-designated

shortage area. Closure of the facility, for

example, could, under certain

circumstances, warrant excusing failure

to fulfill the 3-year employment

contract, provided that the foreign

medical graduate can establish that he

or she has procured employment for the

balance of the 3-year period with

another health care facility in an HHSdesignated shortage area. Similarly, an

alien who claims that his or her

inability to fulfill the 3-year

employment contract is due to hardship

shall also be required to submit

evidence of new employment for

another health care facility in an HHSdesignated shortage area. A foreign

medical graduate who seeks to establish

extenuating circumstances on the basis

of hardship also must submit evidence

that the hardship was caused by

unforeseen circumstances beyond his or

her control. In short, before the Service

will consider excusing the foreign

medical graduate’s early termination of
26680 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

the 3-year employment contract with

the health care facility named in the

waiver application due to extenuating

circumstances, the alien must submit an

employment contract for the balance of

this period with another health care

facility in an HHS-designated shortage

area. See section 214(k)(3) of the Act

(the foreign medical graduate may only

work in HHS-designated shortage areas

during the required 3-year period of

employment following approval of the

waiver).

Changes in Employment During the

Required Three-Year Period Following

Approval of the Waiver

Any material change in the alien’s H–

1B employment must be reported to the

Service by filing either an amended H–

1B petition indicating any changes in

the terms and conditions of the alien’s

current H–1B employment, or by filing

a new petition if the alien seeks to

change H–1B employers, in the manner

generally required under current

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

and (E), and 8 CFR 214.2(h)(11).

An amended H–1B petition for a

foreign medical graduate who has been

granted a waiver of the 2-year

requirement under Pub. L. 103–416

shall be accompanied by evidence that

he or she will continue practicing

medicine in an HHS-designated

shortage area for the health care facility

named in the waiver application and in

the original H–1B petition.

A foreign medical graduate who has

been granted a waiver of the 2-year

requirement under Pub. L. 103–416,

who has not fulfilled the 3-year

employment contract with the health

care facility named in the waiver

application, and who seeks to change

H–1B employers due to extenuating

circumstances or hardship is

responsible for ensuring that the new

health care facility files an H–1B

petition. In such cases, the new petition

shall be accompanied by a copy of Form

I–797 (or I–797A or I–797B, as

appropriate) relating to the original H–

1B petition and an explanation from the

alien, with supporting evidence,

establishing that extenuating

circumstances or hardship necessitate a

change in employment. The new H–1B

petition shall also be accompanied by

an employment contract showing that

the alien will practice medicine at the

health care facility for the balance of the

required 3-year period, and evidence

that the geographic area or areas of

intended employment designated in the

new H–1B petition are in an HHSdesignated shortage area.

The Service may consult with the

Secretary of HHS to verify whether the

area of intended employment specified

in the new H–1B petition is in fact

located in an HHS-designated shortage

area. Further, in exercising its statutory

discretion to excuse an alien’s failure to

complete the requisite 3-year

employment contract, the Service, if it

deems appropriate, may consult with

USIA, the State Department of Public

Health which initiated the waiver

request, and the health care facility

named in the original waiver

application.

If, in the exercise of its discretion, the

Service determines that extenuating

circumstances or hardship exist, that

employment will continue at a health

care facility in an HHS-designated

shortage area, and that both the new

petitioner and the beneficiary have

otherwise satisfied the H–1B eligibility

criteria enumerated under 8 CFR

214.2(h), the new petition may be

approved, and the foreign medical

graduate may be permitted to serve the

balance of the 3-year employment

period at the health care facility named

in the new H–1B petition.

Effect of Failure To Abide by the Terms

and Conditions of the Waiver Granted

Under Pub. L. 103–416

Section 241(a)(1)(C)(i) of the Act

provides for the deportation of any alien

admitted as a nonimmigrant who fails

to: (a) Maintain the nonimmigrant status

under which he or she was admitted; (b)

fails to maintain the nonimmigrant

status to which he or she was changed

under section 248 of the Act; or (c) fails

to comply with the conditions of any

such nonimmigrant status. J–1 foreign

medical graduates who do not fulfill the

3-year employment contract for the

health care facility named in the waiver

application (unless the Attorney General

has determined there are extenuating

circumstances or hardship to the alien),

who do not work in HHS-designated

shortage areas, or who change

employment without permission from

the Service, will be deemed not to be

maintaining their nonimmigrant status

or complying with the terms and

conditions imposed upon the waiver

and change of status application, and

will therefore be deportable under

section 241(a)(1)(C)(i) of the Act.

Application Period

Section 220(c) of Pub. L. 103–416

states that the statutory amendments to

section 212(e) of the Act shall apply to

aliens admitted to the United states

under section 101(a)(15)(J) of the Act, or

who acquire J status after admission to

the Unites States before, on, or after the

date of enactment, and before June 1,

1996. Consistent with Congress’ intent

to relieve health care shortages in HHSdesignated shortage areas, the Service

interprets this provision to mean that

any foreign medical graduate who

entered the United States in J

nonimmigrant status, or who acquired J

status upon arrival to pursue graduate

medical education or training, before

June 1, 1996, is eligible to apply for a

waiver of the 2-year requirement

pursuant to section 220 of Pub. L. 103–

416, and for subsequent change of

nonimmigrant status to H–1B. Further,

if the foreign medical graduate acquired

J status before June 1, 1996, in order to

pursue graduate medical education or

training, he or she will be eligible to

request a section 220 waiver, even if the

training is completed after June 1, 1996.

Foreign medical graduates who

acquire J nonimmigrant status to pursue

graduate medical education or training

on or after June 1, 1996, however, will

not be eligible to apply for benefits

under Pub. L. 103–416, even if they

wish to practice medicine in an HHSdesignated shortage area. Those foreign

medical graduates may, however,

pursue a non-section 220 waiver under

section 212(e) of the Act.

Good Cause Exception

This interim rule is effective on

publication in the Federal Register

although the Service invites postpromulgation comments and will

address any such comments in a final

rule. For the following reasons, the

Service finds that good cause exists for

adopting this rule without the prior

notice and comment period ordinarily

required by 5 U.S.C. 553. The provisions

of Pub. L. 103–416, which provide a

great public benefit, are already in

effect. Adopting this rule without prior

notice and comment allows foreign

medical graduates whose J status is

about to expire to apply for the waiver

as soon as possible, thereby avoiding

potential interruption of their lawful

status during the normal notice and

comment period. The rule also enables

State Departments of Public Health to

seek immediately the assistance of

certain foreign medical graduates to ease

local medical care shortages. Adopting

this rule as an interim rule therefore

benefits both foreign medical graduates

and those who live in HHS-designated

shortage areas.

Regulatory Flexibility Act

The Commissioner of the Immigration

and Naturalization Service, in

accordance with the Regulatory

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

reviewed this regulation and, by

approving it, certifies that this interim

rule will not have a significant
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26681

economic impact on a substantial

number of small entities because of the

following factors. This interim rule will

have limited or no effect on small

entities, because only 20 waivers are

authorized per State annually to foreign

medical graduates under Pub. L. 103–

416.

Executive Order 12866

This interim rule is not considered by

the Department of Justice, Immigration

and Naturalization Service, to be a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

regulatory Planning Review, and the

Office of Management and Budget has

waived its review process under section

6(a)(3)(A).

Exetutive Order 12612

This interim rule will not have

substantial direct effect 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. Section 220 of

Pub. L. 103–416 merely enables the

States, in addition to Federal

Government agencies, to submit waiver

requests for foreign medical graduates

directly to USIA, while preserving the

authority of the Federal Government to

grant or deny such waiver requests. The

ability of Federal Government agencies

to continue submitting waiver requests

to USIA is not changed or curtailed in

any way by this rule. Therefore, in

accordance with Executive Order 12612,

it has been determined that this interim

rule does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

Executive Order 12606

The Commissioner of the Immigration

and Naturalization Service certifies that

this interim rule has been assessed in

light of the criteria in Executive Order

12606, and has determined that the

regulation would enhance family wellbeing by allowing certain dependent

J–2 family members to obtain derivative

H–4 status in the United States based on

the waiver granted to the principal

physician and the principal’s change of

status from J–1 to H–1B, without the

need to travel abroad to procure the

nonimmigrant visa and seek readmission to the United States.

Permitting such changes of nonimmigrant status allows the principal

physician’s dependent spouse and

children to: (a) Accompany him or her

while employed temporarily as an H–1B

nonimmigrant; and (b) remain in this

country on a permanent basis should he

or she subsequently apply for, and be

granted approval of, adjustment of

status to that of a lawful permanent

resident. This rule also enhances family

well-being by allowing families in HHS–

designated shortage areas to get much

needed medical treatment and care.

Paperwork Reduction Act

The information collection

requirements contained in this interim

rule have been cleared by the Office of

Management and Budget Under the

provisions of the Paperwork Reduction

Act. Clearance numbers for these

collections are contained in 8 CFR

299.5, Display of Control Numbers.

List of Subjects

8 CFR Part 212

Administrative practices and

procedure, Aliens, Immigration,

passports and visa, Reporting and

recordkeeping requirements.

8 CFR Part 245

Aliens, Immigration, Reporting and

recordkeeping requirements.

8 CFR Part 248

Aliens, Reporting and Recordkeeping

requirements.

Accordingly, chapter I of title 8 of the

Code of Federal Regulations is amended

as follows:

PART 212—DOCUMENTARY

REQUIREMENTS: NONIMMIGRANTS;

WAIVERS; ADMISSION OF CERTAIN

INADMISSIBLE ALIENS; PAROLE

1. The authority citation for part 212

continues to read as follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182,

1184, 1187, 1225, 1226, 1227, 1228, 1252; 8

CFR part 2.

2. In § 212.7, paragraphs (c)(9) and

(c)(10) are redesignated as paragraphs

(c)(10) and (c)(11), respectively, and a

new paragraph (c)(9) and (c)(11),

respectively, and a new paragraph (c)(9)

is added to read as follows:

§ 212.7 Waiver of certain grounds of

excludability.

* * * * *

(c) * * *

(9) Waivers under Pub. L. 103–416

based on a request by a State

Department of Public Health (or

equivalent). In accordance with section

220 of Pub. L. 103–416, an alien

admitted to the United States as a

nonimmigrant under section

101(a)(15)(J) of the Act, or who acquired

status under section 101(a)(15)(J) of the

Act after admission to the United States,

to participate in an exchange program of

graduate medical education or training

(as of January 9, 1977), may apply for a

waiver of the 2-year home country

residence and physical presence

requirement (the ‘‘2-year requirement’’)

under section 212(e)(iii) of the Act

based on a request by a State

Department of Pubic Health, or its

equivalent. To initiate the application

for a waiver under Pub. L. 103–416, the

Department of Public Health, or its

equivalent, or the State in which the

foreign medical graduate seeks to

practice medicine, must request the

Director of USIA to recommend a

waiver to the Service. The waiver may

be granted only if the Director of USIA

provides the Service with a favorable

waiver recommendation. Only the

Service, however, may grant or deny the

waiver application. If granted, such a

waiver shall be subject to the terms and

conditions imposed under section

214(k) of the Act. Although the alien is

not required to submit a separate waiver

application to the Service, the burden

rests on the alien to establish eligibility

for the waiver. If the Service approves

a waiver request made under Pub. L.

103–416, the foreign medical graduate

(and accompanying dependents) may

apply for change of nonimmigrant

status, from J–1 to H–1B and, in the case

of dependents of such a foreign medical

graduate, from J–2 to H–4. Aliens

receiving waivers under section 220 of

Pub. L. 103–416 are subject, in all cases,

to the provisions of section 214(g)(1)(A)

of the Act.

(i) Eligiblity criteria. J–1 foreign

medical graduates (with accompanying

J–2 dependents) are eligible to apply for

a waiver of the 2-year requirement

under Pub. L. 103–416 based on a

request by a State Department of Public

Health (or its equivalent) if:

(A) They were admitted to the United

States under section 101(a)(15)(J) of the

Act, or acquired J nonimmigrant status

before June 1, 1996, to pursue graduate

medical education or training in the

United States.

(B) They have entered into a bona

fide, full-time employment contract for

3 years to practice medicine at a health

care facility located in an area or areas

designated by the Secretary of Health

and Human Services as having a

shortage of health care professionals

(‘‘HHS-designated shortage area’’);

(C) They agree to commence

employment within 90 days of receipt of

the waiver under this section and agree

to practice medicine for 3 years at the

facility named in the waiver application

and only in HHS-designated shortage

areas. The health care facility named in

the waiver application may be operated

by:
26682 Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations

(1) An agency of the Government of

the United States or of the State in

which it is located; or

(2) A charitable, educational, or other

not-for-profit organization; or

(3) Private medical practitioners.

(D) The Department of Public Health,

or its equivalent, in the State where the

health care facility is located has

requested the Director, USIA, to

recommend the waiver, and the

Director, USIA, submits a favorable

waiver recommendation to the Service;

and

(E) Approval of the waiver will not

cause the number of waivers granted

pursuant to Pub. L. 103–416 and this

section to foreign medical graduates

who will practice medicine in the same

state to exceed 20 during the current

fiscal year.

(ii) Decision on waivers under Pub. L.

103–416 and notification to the alien.—

(A) Approval. If the Director of USIA

submits a favorable waiver

recommendation on behalf of a foreign

medical graduate pursuant to Pub. L.

103–416, and the Service grants the

waiver, the alien shall be notified of the

approval on Form I–797 (or I–797A or

I–797B, as appropriate). The approval

notice shall clearly state the terms and

conditions imposed on the waiver, and

the Service’s records shall be noted

accordingly.

(B) Denial. If the Director of USIA

issues a favorable waiver

recommendation under Pub. L. 103–416

and the Service denies the waiver, the

alien shall be notified of the decision

and of the right to appeal under 8 CFR

part 103. However, no appeal shall lie

where the basis for denial is that the

number of waivers granted to the State

in which the foreign medical graduate

will be employed would exceed 20 for

that fiscal year.

(iii) Conditions. The foreign medical

graduate must agree to commence

employment for the health care facility

specified in the waiver application

within 90 days of receipt of the waiver

under Pub. L. 103–416. The foreign

medical graduate may only fulfill the

requisite 3-year employment contract as

an H–1B nonimmigrant. A foreign

medical graduate who receives a waiver

under Pub. L. 103–416 based on a

request by a State Department of Public

Health (or equivalent), and changes his

or her nonimmigrant classification from

J–1 to H–1B, may not apply for

permanent residence or for any other

change of nonimmigrant classification

unless he or she has fulfilled the 3-year

employment contract with the health

care facility and in the specified HHSdesignated shortage area named in the

waiver application.

(iv) Failure to fulfill the three-year

employment contract due to extenuating

circumstances. A foreign medical

graduate who fails to meet the terms and

conditions imposed on the waiver under

section 214(k) of the Act and this

paragraph will once again become

subject to the 2-year requirement under

section 212(e) of the Act.

Under section 214(k)(1)(B) of the Act,

however, the Service, in the exercise of

discretion, may excuse early

termination of the foreign medical

graduate’s 3-year period of employment

with the health care facility named in

the waiver application due to

extenuating circumstances. Extenuating

circumstances may include, but are not

limited to, closure of the health care

facility or hardship to the alien. In

determining whether to excuse such

early termination of employment, the

Service shall base its decision on the

specific facts of each case. In all cases,

the burden of establishing eligibility for

a favorable exercise of discretion rests

with the foreign medical graduate.

Depending on the circumstances,

closure of the health care facility named

in the waiver application may, but need

not, be considered an extenuating

circumstance excusing early termination

of employment. Under no circumstances

will a foreign medical graduate be

eligible to apply for change of status to

another nonimmigrant category, for an

immigrant visa or for status as a lawful

permanent resident prior to completing

the requisite 3-year period of

employment for a health care facility

located in an HHS-designated shortage

area.

(v) Required evidence. A foreign

medical graduate who seeks to have

early termination of employment

excused due to extenuating

circumstances shall submit

documentary evidence establishing such

a claim. In all cases, the foreign medical

graduate shall submit an employment

contract with another health care

facility located in an HHS-designated

shortage area for the balance of the

required 3-year period of employment.

A foreign medical graduate claiming

extenuating circumstances based on

hardship shall also submit evidence

establishing that such hardship was

caused by unforeseen circumstances

beyond his or her control. A foreign

medical graduate claiming extenuating

circumstances based on closure of the

health care facility named in the waiver

application shall also submit evidence

that the facility has closed or is about to

be closed.

(vi) Notification requirements. A J–1

foreign medical graduate who has been

granted a waiver of the 2-year

requirement pursuant to Pub. L. 103–

416, is required to comply with the

terms and conditions specified in

section 214(k) of the Act and the

implementing regulations in this

section. If the foreign medical graduate

subsequently applies for and receives

H–1B status, he or she must also comply

with the terms and conditions of that

nonimmigrant status. Such compliance

shall also include notifying the Service

of any material change in the terms and

conditions of the H–1B employment, by

filing either an amended or a new H–1B

petition, as required, under

§§ 214.2(h)(2)(i)(D), 214.2(h)(2)(i)(E),

and 214.2(h)(11) of this chapter.

(A) Amended H–1B petitions. The

health care facility named in the waiver

application and H–1B petition shall file

an amended H–1B petition, as required

under § 214.2(h)(2)(i)(E) of this chapter,

if there are any material changes in the

terms and conditions of the

beneficiary’s employment or eligibility

as specified in the waiver application

filed under Pub. L. 103–416 and in the

subsequent H–1B petition. In such a

case, an amended H–1B petition shall be

accompanied by evidence that the alien

will continue practicing medicine with

the original employer in an HHSdesignated shortage area.

(B) New H–1B petitions. A health care

facility seeking to employ a foreign

medical graduate who has been granted

a waiver under Pub. L. 103–416 (prior

to the time the alien has completed his

or her 3-year contract with the facility

named in the waiver application and

original H–1B petition), shall file a new

H–1B petition with the Service, as

required under §§ 214.2(h)(2)(i) (D) and

(E) of this chapter. Although a new

waiver application need not be filed, the

new H–1B petition shall be

accompanied by the documentary

evidence generally required under

§ 214.2(h) of this chapter, and the

following additional documents:

(1) A copy of Form I–797 (and/or I–

797A and I–797B) relating to the waiver

and nonimmigrant H status granted

under Pub. L. 103–416;

(2) An explanation from the foreign

medical graduate, with supporting

evidence, establishing that extenuating

circumstances necessitate a change in

employment;

(3) An employment contract

establishing that the foreign medical

graduate will practice medicine at the

health care facility named in the new

H–1B petition for the balance of the

required 3-year period; and

(4) Evidence that the geographic area

or areas of intended employment

indicated in the new H–1B petition are

in HHS-designated shortage areas.
Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / Rules and Regulations 26683

(C) Review of amended and new H–1B

petitions for foreign medical graduates

granted waivers under Pub. L. 103–416

and who seek to have early termination

of employment excused due to

extenuating circumstances.—(1)

Amended H–1B petitions. The waiver

granted under Pub. L. 103–416 may be

affirmed, and the amended H–1B

petition may be approved, if the

petitioning health care facility

establishes that the foreign medical

graduate otherwise remains eligible for

H–1B classification and that he or she

will continue practicing medicine in an

HHS-designated shortage area.

(2) New H–1B petitions. The Service

shall review a new H–1B petition filed

on behalf of a foreign medical graduate

who has not yet fulfilled the required 3-

year period of employment with the

health care facility named in the waiver

application and in the original H–1B

petition to determine whether

extenuating circumstances exist which

warrant a change in employment, and

whether the waiver granted under Pub.

L. 103–416 should be affirmed. In

conducting such a review, the Service

shall determine whether the foreign

medical graduate will continue

practicing medicine in an HHSdesignated shortage area, and whether

the new H–1B petitioner and the foreign

medical graduate have satisfied the

remaining H–1B eligibility criteria

described under section 101(a)(15)(H) of

the Act and § 214.2(h) of this chapter. If

these criteria have been satisfied, the

waiver granted to the foreign medical

graduate under Pub. L. 103–416 may be

affirmed, and the new H1–B petition

may be approved in the exercise of

discretion, thereby permitting the

foreign medical graduate to serve the

balance of the requisite 3-year

employment period at the health care

facility named in the new H–1B

petition.

(D) Failure to notify the Service of any

material changes in employment.

Foreign medical graduates who have

been granted a waiver of the 2-year

requirement and who have obtained H–

1B status under Pub. L. 103–416 but fail

to: Properly notify the Service of any

material change in the terms and

conditions of their H–1B employment,

by having their employer file an

amended or a new H–1B petition in

accordance with this section and

§ 214.2(h) of this chapter; or establish

continued eligibility for the waiver and

H–1B status, shall (together with their

dependents) again become subject to the

2-year requirement. Such foreign

medical graduates and their

accompanying H–4 dependents also

become subject to deportation under

section 241(a)(1)(C)(i) of the Act.

* * * * *

PART 245—ADJUSTMENT OF STATUS

TO THAT OF PERSON ADMITTED FOR

PERMANENT RESIDENCE

3. The authority citation for part 245

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1255;

and 8 CFR part 2.

§ 245.1 [Amended]

4. In § 245.1, paragraph (c)(2) is

amended by removing the ‘‘;’’ at the end

of the paragraph and replacing it with

a ‘‘.’’; and by adding a new sentence at

the end of paragraph (c)(2) to read as

follows:

§ 245.1 Eligibility.

* * * * *

(c) * * *

(2) * * * An alien who has been

granted a waiver under section

212(e)(iii) of the Act based on a request

by a State Department of Health (or its

equivalent) under Pub. L. 103–416 shall

be ineligible to apply for adjustment of

status under section 245 of the Act if the

terms and conditions specified in

section 214(k) of the Act and

§ 212.7(c)(9) of this chapter have not

been met;

* * * * *

PART 248—CHANGE OF

NONIMMIGRANT CLASSIFICATION

5. The authority citation for part 248

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1184, 1187,

1258; 8 CFR part 2.

6. In § 248.2, paragraph (c) is

amended by removing the ‘‘; and’’ at the

end of the paragraph and replacing it

with a ‘‘.’’; and by adding two new

sentences at the end of paragraph (c) to

read as follows:

§ 248.2 Ineligible classes.

* * * * *

(c) * * * This restriction shall not

apply when the alien is a foreign

medical graduate who was granted a

waiver under section 212(e)(iii) of the

Act pursuant to a request made by a

State Department of Public Health (or its

equivalent) under Pub. L. 103–416, and

the alien complies with the terms and

conditions imposed on the waiver under

section 214(k) of the Act and the

implementing regulations at

§ 212.7(c)(9) of this chapter. A foreign

medical graduate who was granted a

waiver under Pub. L. 103–416 and who

does not fulfill the requisite 3-year

employment contract or otherwise

comply with the terms and conditions

imposed on the waiver is ineligible to

apply for change of status to any other

nonimmigrant classification; and

* * * * *

Dated: April 25, 1995.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 95–12272 Filed 5–17–95; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–82–AD; Amendment

39–9234; AD 95–10–17]

Airworthiness Directives; Lockheed

Model L–1011–385 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to all Lockheed Model L–

1011–385 series airplanes. This action

requires inspections to detect cracking

or severing of the fuselage frames, and

an additional inspection or repair, if

necessary. This amendment is prompted

by reports indicating that fatigue

cracking was found on certain fuselage

frames on these airplanes. The actions

specified in this AD are intended to

prevent reduced structural integrity of

the fuselage shell due to the problems

associated with fatigue cracking.

DATES: Effective May 23, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of May 23,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

July 17, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

82–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Lockheed

Aeronautical Systems Support Company

(LASSC), Field Support Department,

Dept. 693, Zone 0755, 2251 Lake Park

Drive, Smyrna, Georgia 30080. This

information may be examined at the

FAA, Transport Airplane Directorate,