3440 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 2089–00]

RIN 1115–AE73

Additional Authorization To Issue

Certificates for Foreign Health Care

Workers; Speech-Language

Pathologists and Audiologists, Medical

Technologists and Technicians, and

Physician Assistants

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule amends the

regulations of the Immigration and

Naturalization Service (Service), to

enable the Commission on Graduates of

Foreign Nursing Schools (CGFNS) to

issue certificates to aliens seeking

admission as, or adjustment of status to

permanent residents on the basis of the

following occupations: Speech language

pathologist and audiologists, medical

technologist (also known as ‘‘clinical

laboratory scientist’’), physician

assistant, and medical technician (also

known as ‘‘clinical laboratory

technician’’). The Service has consulted

with the Department of Health and

Human Services before promulgating

this interim regulation. This rule

ensures that foreign health care workers

have the same training, education and

licensure as similarly employed United

States workers.

DATES: Effective Date: This interim rule

is effective March 19, 2001.

Comment date: Written comments

must be submitted on or before March

19, 2001.

ADDRESSES: Please submit written

comments, in triplicate, to the Director,

Policy Directives and Instructions

Branch, Immigration and Naturalization

Service, 425 I Street NW., Room 4034,

Washington, DC 20536. To ensure

proper handling, please reference the

INS No. 2089–00 on your

correspondence. Comments are

available for public inspection at the

above address by calling (202) 514–3048

to arrange for an appointment.

FOR FURTHER INFORMATION CONTACT: John

W. Brown, Adjudications Officer,

Adjudications Division, Immigration

and Naturalization Service, 425 I Street

NW., Room 3214, Washington, DC

20536, telephone (202) 353–8177.

SUPPLEMENTARY INFORMATION:

What Are the Provisions of 8 U.S.C.

1182(a)(5)(C)?

The Illegal Immigration Reform and

Immigrant Responsibility Act (IIRIRA),

Public Law No. 104–208, section 343,

110 Stat. 3009, 636–37 (1996) created a

new ground of inadmissibility now

codified at 8 U.S.C. 1182(a)(5)(C),

section 212(a)(5)(C) of the Immigration

and Nationality Act (Act). It provides

that an alien who seeks to enter the

United States for the purpose of

performing labor as a health care

worker, other than a physician, is

inadmissible unless the alien presents a

certificate from CGFNS or an equivalent

independent credentialing organization

approved by the Attorney General in

consultation with the Secretary of

Health and Human Services (HHS)

verifying:

(1) that the alien’s education, training,

license, and experience meet all

applicable statutory and regulatory

requirements for admission into the

United States under the classification

specified in the application; are

comparable with that required for an

American health care worker of the

same type; are authentic and, in the case

of a license, unencumbered;

(2) the alien has the level of

competence in oral and written English

considered by the Secretary of HHS, in

consultation with the Secretary of

Education, to be appropriate for health

care work of the kind in which the alien

will be engaged, as shown by an

appropriate score on one or more

nationally recognized, commercially

available, standardized assessments of

the applicant’s ability to speak and

write English; and,

(3) if a majority of States licensing the

profession in which the alien intends to

work recognize a test predicting an

applicant’s success on the profession’s

licensing or certification examination,

the alien has passed such a test, or has

passed such an examination. Section

212(r) of the Act mandates separate

certification procedures for certain

aliens.

How Has the Service Implemented 8

U.S.C. 1182(a)(5)(C)?

Section 212(a)(5)(C) of the Act became

effective upon enactment on September

30, 1996. Shortly thereafter, the Service

met and conferred with HHS, the

Department of Labor (DOL), the

Department of Education (DOE), the

Department of Commerce (DOC), the

Office of the United States Trade

Representative (USTR), and the

Department of State (DOS) to reach

consensus on the best approach for

implementation. In addition to meetings

among the affected agencies, several

meetings were held with interested

organizations including CGFNS, the

American Occupational Therapists

Association, the National Board for

Certification in Occupational Therapy

(NBCOT), the Federated State Board of

Physical Therapy, and the American

Physical Therapy Association.

The Service in consultation with HHS

initially identified, on the basis of the

legislative history, seven categories of

health care workers subject to the

provisions of 8 U.S.C. 1182(a)(5)(C). The

seven categories are nurses, physical

therapists, occupational therapists,

speech-language pathologists, medical

technologists (also known as ‘‘clinical

laboratory scientist’’), medical

technicians (also known as ‘‘clinical

laboratory technicians’’) and physician

assistants. Upon the suggestion of HHS,

this rule lists the alternative terms

‘‘clinical laboratory scientist’’ and

‘‘clinical laboratory technician’’ to

reflect both the legislative history and

current health professions

categorizations.

After weighing the complexity of the

implementation issues, anticipating the

length of time for rule making, and

considering the need for health care

facilities across the country to remain

fully staffed and provide a high quality

of service to the public, the DOS and the

Service agreed to exercise their statutory

discretion under 8 U.S.C. 1182(d)(3),

section 212(d)(3) of the Act, and have

granted a blanket waiver of

inadmissibility to nonimmigrant health

care workers until final regulations are

promulgated. The blanket waiver of

inadmissibility applies to nonimmigrant

health care workers already in

possession of nonimmigrant visas and

visa exempt aliens, including Canadians

applying for classification pursuant to 8

U.S.C. 1184(e), section 214(e) of the Act

(TN classification). The Service

published an interim rule (First Interim

Rule) in the Federal Register on October

14, 1998 at 63 FR 55007 in which the

adoption of this policy regarding

nonimmigrant health care workers was

announced. The First Interim Rule

amended 8 CFR part 212 and 245. A

formal application or fee is not required

for a nonimmigrant health care worker

to obtain the waiver. Nonimmigrant

health care workers are admitted on a

multiple entry Form I–94 for 1 year. In

addition, otherwise admissible

dependents are also authorized

admission into the United States for the

specific dates of stay authorized for the

principal alien. A new waiver is not

required if the nonimmigrant health

care worker makes an application for

admission to the United States during

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3441

the validity period of the previously

issued Form I–94. Nonimmigrants

applying for TN classification are not

required to pay the admission fee

described at 8 CFR 214.6(f) when

applying for admission during the

validity period of the previously issued

Form I–94. Finally, nonimmigrant

health care workers are eligible for

extensions of the waiver and

corresponding extensions of stay in

increments of 1 year.

The Services has issued two interim

rules implementing the certification

requirements of section 212(a)(15)(C) of

the Act with respect to immigrant health

care workers. The First Interim Rule,

previously referenced, and a Second

Interim Rule which was published in

the Federal Register on April 30, 1999

at 64 FR 23174. The Second Interim

Rule also amended 8 CFR part 212.

What Were the Provisions of the 1st and

2nd Interim Rules?

The First Interim Rule temporarily

enabled CGFNS to issue certificates to

immigrants coming to the United States

to work in the field of nursing, and

temporarily authorized NBCOT to issue

certificates in the field of occupational

therapy. The Service adopted the First

Interim Rule without the notice and

comment period ordinarily required by

5 U.S.C. 553 because it found that delay

in the implementation of 8 U.S.C.

1182(a)(5)(C) could adversely affect the

provision of health care, particularly in

medically under-served areas for

nursing and occupational therapy.

Given this context, the Service

identified two criteria for the selection

of certifying organizations on a

temporary basis:

(1) That a sustained level of demand

for foreign workers for the particular

occupation exists; and

(2) That an organization with an

established track record in providing

credentialing services exists.

The First Interim Rule defined the

term ‘‘sustained level of demand’’ as the

presence of an existing demand for

foreign health care workers in a

particular occupation that is expected to

continue in the foreseeable future. The

term ‘‘organizations with an established

track record’’ was defined as an

organization which has a record of

issuing actual certificates, or documents

similar to a certificate, that are generally

accepted by the state regulatory bodies

as certificates that an individual has met

certain minimal qualifications. The

Service found, on the basis of

information provided by DOL, that there

was a sustained level of demand for

foreign workers in nursing and

occupational therapy. After consultation

with HHS, CGFNS and NBCOT were

found to qualify as organizations with

an established track record in providing

credentialing services for nursing and

occupational therapy respectively. As

required by 8 U.S.C. 212(a)(5)(C), the

rule also established the appropriate

English language competency levels for

foreign nurses and occupational

therapists, and specified exemptions

from English language proficiency

testing.

The First Interim Rule provided that

the Service would apply the two criteria

to other organizations seeking

authorization to issue certificates while

the interim rule remained in effect.

Finally, the Service deferred

consideration of whether CGFNS is

authorized to issue certificates for other

health care occupations.

The Second Interim Rule temporarily

enabled CGFNS to issue certificates to

immigrants coming to the United States

to work in the fields of occupational

therapy and physical therapy, and

temporarily authorized the Foreign

Credentialing Commission on Physical

Therapy (FCCPT) to issue certificates in

physical therapy. As with the First

Interim Rule, the Service adopted the

Second Interim Rule without the notice

and comment period ordinarily required

by 5 U.S.C. 553 because it found that

delay in the implementation of 8 U.S.C.

1182(a)(5)(C) could adversely affect the

provision of health care in medically

under-served areas. The Service, in

consultation with HHS, evaluated

CGFNS’ and FCCPT’s applications for

authorization to issue certificates under

the criteria promulgated by the First

Interim Rule. The Service found that

both CGFNS and FCCPT met the

‘‘establishment or proven track record’’

criterion. With respect to the second

criterion, the Service relied on its

findings in the First Interim Rule to

conclude that there was a sustained

level of demand for occupational

therapists. In addition, after considering

data compiled by DOL, the Service

concluded that there was a sustained

level of demand for physical therapists

that could adversely affect the provision

of health care in medically under-served

areas. The Second Interim Rule also

established the appropriate English

language competency levels for physical

therapists.

Why Is the Service Promulgating a

Third Interim Rule To Implement 8

U.S.C. 1182(a)(5)(C)?

After careful consideration, the

Service believes that it is in the public

interest to temporarily adopt this rule

without notice and comment

procedures, and that it would be

impracticable to do otherwise. The

Service will invite post promulgation

comments to this temporary rule. In

addition the Service anticipates

publishing a Notice of Proposed Rule

Making (NPRM) within the next 6

months.

The IIRIRA was a major, complex

legislative scheme, which significantly

changed existing immigration law and

imposed many administrative duties

upon the Service. Many provisions of

the IIRIRA, including section 343

became immediately effective. The

Service had a tremendous responsibility

to rapidly promulgate numerous

regulations implementing the new

provisions of the law. Since enactment

of the IIRIRA, the Service has diligently

worked on an NPRM to implement 8

U.S.C. 1182(a)(5)(C) via ordinary notice

and comment procedure, but has

experienced considerable administrative

difficulty in coordinating the needs and

concerns of the large number of federal

agencies and private interested parties

affected by 8 U.S.C. 1182(a)(5)(C).

Several substantive issues require the

technical expertise of other agencies and

further consultation before they can be

definitively addressed. For example, the

provisions of 8 U.S.C. 1182(a)(5)(C) may

affect United States obligations under

international treaties to facilitate the

movement of professionals. Second, the

Service is required to further define

which, if any, other health care

occupations fall under the ambit of the

statute. Because of the delays in

promulgating the larger rule, the Service

believes the promulgation of this

regulation as an interim rule is

imperative to enable the Service to

execute its adjudicative functions and to

eliminate a growing backlog of pending

immigrant applications filed by aliens

seeking to immigrate to the United

States as speech language pathologists

and audiologists, medical technologists,

physicians assistants and medical

technicians. The Service has held such

immigrant petitions in abeyance until

promulgation of implementing

regulations and as a result, certain

immigrant health care workers have

suffered extended periods of separation

from family members and petitioning

employers have been forced to operate

without needed employees.

What Criteria Will the Service Use To

Evaluate Organizations Applying for

Authority to Issue Certifications?

The Service will continue to use the

‘‘proven track record’’ criterion

previously promulgated in the First and

Second Interim Rules. The legislative

history of the IIRIRA indicates that the

factors to be considered for selection of

3442 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

credentialing organizations are the

following (1) the independence and

freedom of material conflicts of interest

of the organization regarding whether an

alien receives a visa; (2) whether the

organization has the ability to evaluate

credentials and English competency; (3)

whether the organization maintains

comprehensive and current information

on foreign educational institutions; and

(4) whether the organization can

conduct examinations outside of the

United States. See H.R. REP. NO. 104–

828 at 227 (1996). The Service intends

to fully address each of these factors in

the NPRM. However since this is a

temporary rule, the Service believes that

the ‘‘proven track record’’ criterion

adequately addresses the factors

outlined in the legislative history.

After careful consideration, the

Service has decided it will not use the

‘‘sustained level of demand’’ criterion

utilized in the First and Second Interim

Rules. As discussed supra, the Service

promulgated those interim rules under

the rationale that failure to process

immigrant petitions for certain health

care occupations would adversely affect

the provision of health care in medically

under-served areas. Given that rationale

for promulgation of those interim rules,

‘‘sustained level of demand’’ was

initially an important consideration in

the approval of credentialing

organizations. In contrast, the Service is

promulgating this interim rule because

it has experienced tremendous

administrative difficulty in

promulgating permanent regulations

due to the complexity of the issues to

be addressed, and because the Service is

unable to execute its adjudicative

functions with respect to a growing

backlog of petitions without an

implementing regulation. Therefore,

‘‘sustained level of demand’’ is not a

relevant consideration at this time

because the Service is unable to execute

its adjudicative function with respect to

these occupations.

What Is the Purpose of This Interim

Rule?

The purpose of this interim rule is to

provide notice that CGFNS may issue

certificates pursuant to section

212(a)(5)(C) of the Act, on a temporary

basis, to foreign health care workers

coming to the United States as

immigrants or applicants for adjustment

of status to work in the occupations of

speech-language pathologists and

audiologists, medical technologists

(clinical laboratory scientists), physician

assistants, and medical technicians

(clinical laboratory technicians).

This rule does not establish

procedures for the Service to accept

certificates issued by CGFNS or

equivalent credentialing organizations

to aliens seeking temporary admission

to the United States to perform services

in a health care occupation. An alien’s

application for admission as a

nonimmigrant will be processed

pursuant to the Service’s temporary

policies previously described.

This interim rule also lists the passing

scores for the English language tests for

the occupations of speech-language

pathologists and audiologists, medical

technologists (clinical laboratory

scientists), physician assistants, and

medical technicians (clinical laboratory

technicians). This interim rule also

amends the regulations concerning what

organizations may administer the

English language tests to reflect recent

changes concerning one of the testing

organizations.

Has CGFNS Shown That It Has an

Established Track Record?

Based on consultations with HHS, the

Service finds that CGFNS has an

established track record in issuing

certificates for speech-language

pathologists and audiologists, medical

technologists (clinical laboratory

scientists), physician assistants and

medical technicians (clinical laboratory

technicians). In addition to 20 years of

experience in evaluating the credentials

of foreign nurses, CGFNS has

experience beyond nursing with regard

to educational comparability and

credentials evaluation. CGFNS has an

extensive database covering healthrelated academic programs in foreign

countries, much of which is applicable

beyond nursing. Finally CGFNS,

through their credential evaluation

service, has evaluated foreign

credentials, including educational

degrees and foreign licenses for

psychiatric technicians, physician

assistants, emergency medical

technicians and other occupations. With

the establishment of ‘‘Professional

Standards Committees’’ CGFNS has

developed certification standards that

may be used to assess comparability for

the occupations of speech language

pathologists and audiologists, medical

technologists (clinical laboratory

scientists), physician assistants and

medical technicians (clinical laboratory

technicians).

What Are the Passing English Test

Scores for Speech-Language

Pathologists and Audiologists, Medical

Technologist (Clinical Laboratory

Scientists), and Physician Assistants?

In order to obtain a certificate, the

alien must demonstrate to the

credentialing organization that he or she

has passed either the English tests given

by the Educational Testing Service or

the Michigan English Language

Assessment Battery (MELAB). In order

to obtain a certificate an alien must be

competent in written, oral, and spoken

English.

The HHS has determined that speechlanguage pathologists and audiologists,

medical technologists (clinical

laboratory scientists), and physician

assistants must obtain the following

scores on the English tests administered

by the Educational Testing Service

(ETS): Test of English as a Foreign

Language (TOEFL): paper-based 540,

computer-based 207; Test of Written

English (TWE): 4.0; Test of Spoken

English (TSE): 50.

The HHS has determined that speechlanguage pathologists and audiologists,

medical technologists (clinical

laboratory scientists), and physician

assistants must obtain the following

scores on the English tests administered

by the Michigan English Language

Assessment Battery (MELAB): Final

Score 79; Oral Interview 3+. It is noted

that, effective June 30, 2000, the MELAB

Oral Interview Speaking Test is no

longer being given overseas and is only

being administered in the United States

and Canada. Applicants may take

MELAB Parts 1, 2 and 3, plus the TSE

offered by the ETS. In addition, the

exemptions for the English language

tests described in § 212.15(g)(2) apply to

the occupations of speech-language

pathologists and audiologists, medical

technologists (clinical laboratory

scientists), and physician assistants.

What Are the Passing English Test

Scores for Medical Technicians

(Clinical Laboratory Technicians)?

In order to obtain a certificate, the

alien must demonstrate to the

credentialing organization that he or she

has passed either the English tests given

by the Educational Testing Service or

the Michigan English Language

Assessment Battery (MELAB). In order

to obtain a certificate an alien must be

competent in written, oral, and spoken

English.

The HHS has determined that medical

technicians (clinical laboratory

technicians) must obtain the following

scores on the English tests administered

by ETS: TOEFL: paper-based 530,

computer-based 197; TWE: 4.0; TSE: 50.

The HHS has determined that medical

technicians (clinical laboratory

technicians) must obtain the following

scores on the English tests administered

by the MELAB: Final Score 77; Oral

Interview 3+. Again, the MELAB Oral

Interview Speaking Test is no longer

being given overseas and is only being

Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations 3443

administered in the United States and

Canada. Applicants may take MELAB

Parts 1, 2 and 3, plus the TSE offered

by the ETS. In addition, the exemptions

for the English language tests described

in § 212.15(g)(2) apply to the occupation

of medical technicians (clinical

laboratory technicians).

What Aliens Are Exempt From the

English Tests?

According to § 212.15(g)(1), aliens

who have graduated from a college,

university, or professional training

school located in Australia, Canada,

(except Quebec), Ireland, New Zealand,

the United Kingdom, and the United

States are exempt from the English

language requirement.

Does This Interim Rule Alter Any of the

Service’s Policies With Respect to the

Admission of Nonimmigrant Health

Care Workers?

No, this rule enables CGFNS to issue

certificates to foreign health care

workers seeking admission as

immigrants or adjustment of status in

the occupations previously discussed. It

does not alter any of the Service’s

policies with respect to the admission of

nonimmigrant aliens coming to perform

services in health care occupations that

were described in the first interim rule.

How Does This Rule Amend the

Existing Regulation?

This interim rule amends the

regulation at § 212.15(c) by adding the

occupations of speech-language

pathologists and audiologists, medical

technologists (clinical laboratory

scientists), physician assistants, and

medical technicians (clinical laboratory

technicians) to the list of occupations.

This interim rule also amends the

regulation at § 212.15(e) to add the

occupations of speech-language

pathologists and audiologists, medical

technologists (clinical laboratory

scientists), physician assistants, and

medical technicians (clinical laboratory

technicians) to the list of occupations

for which CGFNS can issue certificates.

Finally, this interim rule amends the

regulation at § 212.15(g) to list the

passing English scores for the

occupations of speech-language

pathologists and audiologists, medical

technologists (clinical laboratory

scientists), physician assistants, and

medical technicians (clinical laboratory

technicians). This interim rule further

amends the regulations at § 212.15(g) by

describing the changes in testing that

have been instituted by MELAB.

Good Cause Exception

This interim rule is effective 60 days

from the date of publication in the

Federal Register, and the Service invites

post-promulgation comments to be

weighed and considered in the

forthcoming NPRM. For the following

reasons, the Service for good cause finds

that it is in the public interest to

temporarily adopt this rule without

notice and comment procedures, and

that it would be impracticable to do

otherwise.

First, the Service has diligently

worked on an NPRM for 8 U.S.C.

1182(a)(5)(C), but has experienced

considerable administrative difficulty in

coordinating the needs and concerns of

the large number of federal agencies and

private interested parties affected by 8

U.S.C. 1182(a)(5)(C). Several substantive

issues, including how the provisions of

8 U.S.C. 1182(a)(5)(C) affect United

States obligations under international

treaties, and how to define which

occupations fall under the ambit of the

statute, require the technical expertise

of other agencies and further

consultation before they can be

definitively addressed.

Second, the Service believes that

promulgation of this regulation as an

interim rule is imperative to enable the

Service to execute its adjudicative

functions with respect to pending

immigrant applications filed by aliens

seeking to immigrate to the United

States as speech language pathologists,

medical technologists, physician

assistants and medical technicians.

Such immigrant applications have been

held in abeyance until promulgation of

implementing regulations resulting in a

backlog. Further, because these

immigrant applications have been held

in abeyance, certain immigrant health

care workers have unfortunately

suffered extended periods of separation

from family members and petitioning

employers have been forced to operate

without needed employees. In the long

term, the Service’s continued policy

with respect to these immigrants could

have the unintended consequence of

chilling future immigration of alien

health care workers in these

occupations.

While the Service plans to issue an

NPRM in 6 months that covers more

than this interim rule, it does not

anticipate speedy promulgation of a

final rule due to the numerous public

comments expected in response to the

NPRM. In light of this, the Service finds

that it would be contrary to the public

interest to continue to hold these

immigrant applications in abeyance

pending final rules when the admission

or adjustment of these aliens under

temporary procedures will only serve to

benefit the public health.

Regulatory Flexibility Act

The Commissioner of the Immigration

and Naturalization Service, in

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

reviewed this regulation and, by

approving it, certifies that this rule will

not have a significant economic impact

on a substantial number of small

entities. This rule has been drafted in a

way to minimize the economic impact

that it has on small business while

meeting its intended objective. The

health care workers who will be issued

certificates are not considered small

entities as the term is defined in 5

U.S.C. 601(6).

Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by State, local and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

in any 1 year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions were

deemed necessary under the provisions

of the Unfunded Mandates Reform Act

of 1995.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 804 of the Small

Business Regulatory Enforcement Act of

1996. This rule will not result in an

annual effect on the economy of $100

million or more; a major increase in

costs or prices; or significant adverse

effects on competition, employment,

investment, productivity, innovation, or

on the ability of United States-based

companies to compete with foreignbased companies in domestic and

export markets.

Executive Order 12866

This rule is considered by the

Department of Justice, Immigration and

Naturalization Service, to be a

‘‘significant regulatory action’’ under

E.O. 12866, section 3(f), Regulatory

Planning and Review. Accordingly, this

rule has been submitted to the Office of

Management and Budget (OMB) for

review.

Executive Order 13132

This 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

3444 Federal Register / Vol. 66, No. 10 / Tuesday, January 16, 2001 / Rules and Regulations

accordance with section 6 of Executive

Order 13132, it is determined that this

rule does not have sufficient federalism

implications to warrant the preparation

of a federalism summary impact

statement.

Executive Order 12988 Civil Justice

Reform

This rule meets the applicable

standards set forth in sections 3(a) and

3(b)(2) of Executive Order 12988.

Paperwork Reduction Act

The information required on the

certificate for health care workers

showing that the alien possesses

proficiency in the skills that affect the

provision of health care services in the

United States (as provided in

§ 212.15(f)) is considered an information

collection that has been approved for

use by the Office of Management and

Budget (OMB) under OMB control

number 1115–0226. It is estimated that

the number of respondents will increase

as a result of adding the five additional

health care occupations listed in

§ 212.15(c). Accordingly, the Service

will submit an adjustment form to OMB

increasing the total annual burden

hours.

List of Subjects in 8 CFR Part 212

Administrative practice and

procedures, Aliens, Immigration,

Passports and visas, Reporting and

recordkeeping requirements.

Accordingly, part 212 of 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. Section 212.15 is amended by:

a. Adding new paragraphs (c)(4)

through (c)(7);

b. Revising paragraph (e)(1);

c. Revising paragraph (g)(3)(i); and

d. Adding new paragraphs (g)(4)(iv)

and (g)(4)(v), to read as follows:

§ 212.15 Certificates for foreign health

care workers.

* * * * *

(c) * * *

(4) Speech-Language Pathologists and

Audiologists.

(5) Medical Technologists (Clinical

Laboratory Scientists).

(6) Physician Assistants.

(7) Medical Technicians (Clinical

Laboratory Technicians).

* * * * *

(e) * * *

(1) The Commission on Graduates of

Foreign Nursing Schools may issue

certificates pursuant to 8 U.S.C.

1182(a)(5)(C), and section 212(a)(5)(C) of

the Act for the occupations of nurse

(licensed practical nurse, licensed

vocational nurse, and registered nurse),

physical therapist, occupational

therapist, speech-language pathologist

and audiologist, medical technologist

(clinical laboratory scientist), physician

assistant, and medical technician

(clinical laboratory technician).

* * * * *

(g) * * *

(3) * * *

(i) Michigan English Language

Assessment Battery (MELAB). Effective

June 30, 2000, the MELAB Oral

Interview Speaking Test is no longer

being given overseas and is only being

administered in the United States and

Canada. Applicants may take MELAB

Parts 1, 2, and 3, plus the Test of

Spoken English offered by the

Educational Testing Service.

* * * * *

(4) * * *

(iv) Speech-language pathologists and

Audiologists, medical technologists

(clinical laboratory scientists), and

physician assistants. An alien coming to

the United States to perform labor as a

speech-language pathologist and

audiologist, a medical technologist

(clinical laboratory scientist), or a

physician assistant must have the

following scores to be issued a

certificate: ETS: TOEFL: Paper-Based

540, Computer-Based 207; TWE: 4.0;

TSE: 50; MELAB: Final Score 79; Oral

Interview: 3+.

(v) Medical technicians (clinical

laboratory technicians). An alien

coming to the United States to perform

labor as a medical technician (clinical

laboratory technician) must have the

following scores to be issued a

certificate: ETS: TOEFL: Paper-Based

530, Computer-Based 197; TWE: 4.0;

TSE: 50; MELAB: Final Score 77; Oral

Interview: 3+.

Dated: November 28, 2000.

Mary Ann Wyrsch,

Acting Commissioner, Immigration and

Naturalization Service.

[FR Doc. 01–1203 Filed 1–12–01; 8:45 am]

BILLING CODE 4410–10–M

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 72

RIN 3150–AG54

List of Approved Spent Fuel Storage

Casks: FuelSolutions Addition

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

regulations to add the FuelSolutions

cask system to the list of approved spent

fuel storage casks. This amendment

allows the holders of power reactor

operating licenses to store spent fuel in

this approved cask system under a

general license.

EFFECTIVE DATE: This final rule is

effective on February 15, 2001.

FOR FURTHER INFORMATION CONTACT: Stan

Turel, telephone (301) 415–6234, e-mail

spt@nrc.gov of the Office of Nuclear

Material Safety and Safeguards, U.S.

Nuclear Regulatory Commission,

Washington, DC 20555–0001.

SUPPLEMENTARY INFORMATION:

Background

Section 218(a) of the Nuclear Waste

Policy Act of 1982, as amended

(NWPA), requires that ‘‘[t]he Secretary

[of Energy] shall establish a

demonstration program, in cooperation

with the private sector, for the dry

storage of spent nuclear fuel at civilian

nuclear power reactor sites, with the

objective of establishing one or more

technologies that the [Nuclear

Regulatory] Commission may, by rule,

approve for use at the sites of civilian

nuclear power reactors without, to the

maximum extent practicable, the need

for additional site-specific approvals by

the Commission.’’ Section 133 of the

NWPA states, in part, ‘‘[t]he

Commission shall, by rule, establish

procedures for the licensing of any

technology approved by the

Commission under Section 218(a) for

use at the site of any civilian nuclear

power reactor.’’

To implement this mandate, the NRC

approved dry storage of spent nuclear

fuel in NRC-approved casks under a

general license, publishing a final rule

in 10 CFR part 72 entitled ‘‘General

License for Storage of Spent Fuel at

Power Reactor Sites’’ (55 FR 29181; July

18, 1990). This rule also established a

new Subpart L within 10 CFR part 72

entitled, ‘‘Approval of Spent Fuel

Storage Casks,’’ containing procedures

and criteria for obtaining NRC approval

of dry storage cask designs.