This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

27445

Vol. 66, No. 96

Thursday, May 17, 2001

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 245

[INS No. 2122–01]

RIN 1115–AG17

Adjustment of Status for Certain

Syrian Nationals Granted Asylum in

the United States

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: On October 27, 2000, the

President signed into law Public Law

106–378, providing for the adjustment

of status to that of lawful permanent

resident for certain nationals of Syria.

This interim rule discusses the

eligibility requirements and sets forth

application procedures for persons

wishing to adjust status on the basis of

Public Law 106–378. This provision

does not affect an alien’s eligibility for

adjustment of status under section 209

of the Immigration and Nationality Act

(Act) based on a grant of asylum.

DATES: Effective date. This rule is

effective May 17, 2001.

Comment date. Comments must be

submitted on or before July 16, 2001.

ADDRESSES: Please submit written

comments to the Director, Policy

Directives and Instructions Branch,

Immigration and Naturalization Service,

425 I street NW., Room 4034,

Washington, DC 20536, or via fax to

(202) 305–0143. To ensure proper

handling, please reference INS number

2122–01 on your correspondence.

Comments are available for public

inspection at this location by calling

(202) 514–3048 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT:

Michael Valverde, Residence and Status

Services Branch, Adjudications,

Immigration and Naturalization Service,

Room 3040, 425 I Street, NW.,

Washington, DC 20536, telephone (202)

514–4754.

SUPPLEMENTARY INFORMATION:

What Is Public Law 106–378?

On October 27, 2000, former President

Clinton signed Public Law 106–378,

providing the Attorney General with the

authority to adjust status to that of

lawful permanent resident for an

estimated 2,000 eligible Syrian nationals

who were granted asylum in the United

States. The stated objective for this law

is to provide relief for a group of Jewish

Syrian nationals who were allowed to

depart Syria and enter the United States

after December 31, 1991, and who were

subsequently granted asylum in the

United States.

Under section 209 of the Immigration

and Nationality Act (Act), all aliens

granted asylum are eligible to apply for

adjustment of status 1 year after being

granted asylum. Section 209 of the Act

also limits the number of asylee-based

adjustments to 10,000 per year. Since in

recent years the Immigration and

Naturalization Service (Service) has

granted asylum to more than 10,000

aliens each year, asylees face a

substantial wait until they can adjust

status. Public Law 106–378 is an

adjustment provision independent of

section 209 of the Act, and therefore

provides eligible Syrian nationals relief

from the wait caused by the annual limit

on the number of aslyees who can adjust

status.

Who Is Eligible To Adjust Status to That

of Lawful Permanent Resident Under

Public Law 106–378?

(1) In order to be eligible for

adjustment of status under this law, the

principal alien must:

• Be a Jewish national of Syria;

• Have arrived in the United States

after December 31, 1991, after being

permitted by the Syrian government to

depart from Syria; and,

• Be physically present in the United

States at the time of filing the

application to adjust status.

(2) In addition, the alien must:

• Apply for adjustment of status

under Public Law 106–378 no later than

October 26, 2001, or have applied for

adjustment of status under another

provision of the Act and request that the

basis of that application be changed to

Public Law 106–378;

• Have been physically present in the

United States for at least 1 year after

being granted asylum;

• Not be firmly resettled in any

foreign country; and

• Be admissible as an immigrant

under the Act at the time of examination

for adjustment of status.

The spouse, child, or unmarried son

or daughter of an eligible Syrian

national may also adjust status under

Public Law 106–378 provided he or she

meets the requirements listed under

section (2) above.

What Ground of Inadmissibility Does

Not Apply When Adjusting Status

Under Public Law 106–378?

While Public Law 106–378 requires

that aliens applying to adjust status

under this provision must be admissible

as an immigrant, the Service will not

apply the ground of inadmissibility

found at section 212(a)(4) of the Act

relating to public charge to applicants

for adjustment of status under Public

Law 106–378.

Public Law 106–378 affords its

beneficiaries the opportunity to adjust

their status from asylee to lawful

permanent resident without regard to

the normal numerical limits on such

adjustments.

Pre-existing law provides that the

ground of inadmissibility found at

section 212(a)(4) of the Act relating to

public charge is inapplicable to an alien

seeking adjustment of status from that of

a refugee or asylee. Accordingly, the

Service has determined that it would be

inconsistent with the purpose of this

law to enforce this ground of

inadmissibility against this small (2,000)

groups of aliens where, given the short

application period, Congress has

directed that ‘‘the Attorney General

should act without further delay to grant

[them] lawful permanent resident

status.’’

Indeed, granting lawful permanent

resident status sooner, rather than later,

to an asylee who might otherwise be

found to be a public charge helps the

country as a whole by granting them an

immigration status that expands their

employment potential. Such

considerations have been taken into

account previously when interpreting

the impact of section 212(a)(4) of the

Act on an alien’s eligibility for other

27446 Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Rules and Regulations

special adjustment programs. See Matter

of Mesa 12 I&N Dec. 432 (BIA 1967).

What Grounds of Inadmissibility May

Be Waived When Adjusting Status

Under Public Law 106–378?

Applicants may apply for the waivers

of other grounds of inadmissibility

found at section 212(h), (i), and (k) of

the Act, to the extent they are eligible.

How Do Eligibility Syrian Nationals

File for Adjustment of Status Under

Public Law 106–378?

Aliens With Applications for

Adjustment of Status Already Pending

Filed Before October 27, 200

Some eligible Syrian nationals may

have already filed a Form I–485,

Application to Register Permanent

Residence or Adjust Status, prior to

October 27, 2000, when Public Law

106–378 was enacted. If that application

remains pending, such an eligible

Syrian national has the option of (1)

requesting that the basis for that

pending Form I–485 be changed to

Public Law 106–378, at any time or (2)

submitting a new Form I–485 based on

Public Law 106–378 prior to October 26,

2001, that would be processed

independently of the other Form I–485

on file.

Any new application for adjustment

based on Public Law 106–378 is subject

to the statutory deadline of October 2,

2001. However, according to the

language of § 2(a)(1) of Public Law 106–

378, as interpreted by the Services, the

statutory deadline does not apply if the

alien had applied for adjustment of

status, before the date of enactment of

Public Law 106–378, under any other

provision of the INA.

Filed On or After October 27, 2000

If an eligible Syrian national filed

Form I+485 under another provision of

law on or after October 27, 2000, he or

she has the same 2 options of requesting

that the basis for that pending Form I–

485 be changed to Public Law 106–378,

or submitting a new Form I–485 based

on Public Law 106–378. However, to

remain eligible for adjustment of status

under Public Law 106–378, the alien

must make the request or file the new

application on or before October 26,

2001.

Requesting That the Basis of the

Pending Form I–485 Be Changed to

Public Law 106–378

An eligible Syrian national requesting

that the basis of his or her pending Form

I–485 be changed to Public Law 106–

378 must submit this request in writing

to the Nebraska Service Center at the

address listed below. The request must

state that the applicant wants to change

the basis of his or her Form I–485 that

is currently pending with a Service

office to Public Law 106–378. The

request must state at which Service

office that adjustment application is

pending. In addition, the request must

be signed by the applicant and mailed

to: U.S. Immigration and Naturalization

Service, Nebraska Service Center, P.O.

Box 87485, Lincoln NE 68501–7485.

The applicant should clearly annotate

‘‘SYRIAN ASYLEE P.L. 106–378’’ on the

envelope to identify the

correspondence. It is important to note

that if an applicant makes this request

and is found to be ineligible under

Public Law 106–378, but appears

eligible for adjustment under another

section of the Act, the Service will

provide the applicant with notice of this

fact and also that the Form I–485 will

resume pending for adjustment under

the original provision of the Act.

New Applications for Adjustment of

Status

(1) Syrian nationals eligible to apply

for adjustment of status under Public

Law 106–378 should file Form I–485

with the: U.S. Immigration and

Naturalization Service, Nebraska

Service Center, P.O. Box 87485, Lincoln

NE 68501–7485.

(2) Applicants should clearly mark

‘‘SYRIAN ASYLEE P.L. 106–378’’ on the

outside of their envelope.

(3) All applicants must submit all

additional documents required by

Service regulations and the instructions

on Form I–485. On Form I–485, Part 2,

question ‘‘h’’, applicants must write

‘‘SYRIAN ASYLEE—P.L. 106–378’’ to

indicate that they are applying based on

this provision.

(4) Applicants younger than 14 years

old must submit the required filing fee,

currently $160, or request that the fee be

waived.

(5) Applicants 14 years and older

must submit the associated filing fee,

currently $220, or request that the fee be

waived pursuant to 8 CFR 103.7(c). In

addition, applicants 14 years and older

must submit a $25 fingerprinting fee.

(6) The application must be

physically received by the Service

Center prior to close-of-business on

October 26, 2001. Mailing or having the

application post-marked prior to

October 26, 2001, is not sufficient proof

of filing.

Is There a Limit to the Number of

Adjustments That May Be Granted

Under Public Law 106–378?

Yes, the Service may only grant

adjustment of status under Public Law

106–378 to 2,000 aliens. Adjustments of

both principals and dependents count

towards this total. The Service has no

discretion in increasing this number.

Although the Service does not

anticipate that there are more than 2,000

aliens eligible, applicants should apply

early.

What Is the Benefit of Changing a

Pending Asylee-Based Form I–485 to

Public Law 106–378?

An alien who changes the basis of his

or her Form I–485 from section 209 of

the Act (asylee-based only) to Public

Law 106–378 is no longer subject to the

10,000 annual limit requirement of

section 209(b) of the Act on the

adjustment of status of aliens granted

asylum. An alien adjustment status

under Public Law 106–378 may have his

or her status adjustment immediately, as

long as the 2,000 numerical limitation

has not been met.

Since generally, asylum is granted to

more than 10,000 aliens annually, a

queue develops and aliens must wait

until a space in a future year’s annual

limit is available. The queue is

chronologically based on the date of the

asylum grant. (For example, in FY 2001,

the Service was processing asylumrelated adjusted applications filed prior

to January 6, 1998.)

When Is the Deadline for Submitting an

Application for Adjustment Under

Public Law 106–378?

All new Forms I–485 based upon

Public Law 106–378 must be received

by the Nebraska Service Center by closeof-business on October 26, 2001. New

applications received by the Service

Center after that day will be rejected.

Mailing or having the application postmarked prior to October 26, 2001, is not

sufficient proof of filing.

There is no deadline for requests to

change the basis of a pending Form I–

485 that was filed before Public Law

106–378 was enacted on October 27,

2000. Such requests to change may be

submitted until such time as the 2,000

statutory limit on adjustments has been

reached. However, requests to change

the basis of a pending Form I–485 that

was filed on or after October 27, 2000,

are subject to the statutory deadline and

must be received no later than October

27, 2001.

What Evidence Will Demonstrate That

the Applicant Is Eligible for Public Law

106–378?

Since an alien applying for

adjustment of status under Public Law

106–378 must have been granted

asylum, Service records will contain

information relating to the alien’s

Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Rules and Regulations 27447

nationality, religion, date of arrival in

the United States, and date asylum was

granted. Unless requested by the

Service, an alien applying for

adjustment of status under Public Law

106–378 does not need to submit

evidence to satisfy these requirements.

An alien must demonstrate that the he

or she meets the other requirements of

Public Law 106–378, specifically that

the alien was permitted to depart from

Syria by the Syrian Government

(principal beneficiaries only), has been

physically present in the United States

for 1 year after the grant of asylum, and

has not firmly resettled in any foreign

country. To do so, aliens must submit a

copy of the alien’s passport, a copy of

the applicant’s Arrival-Departure

Record (Form I–94) or other evidence of

inspection and admission or parole into

the United States after December 31,

1991.

With respect to evidence of physical

presence, the Service is incorporating by

reference the existing provision of a

different rule, § 245.15(j)(2) of this part.

Although the latter section pertains to a

different category of aliens, paragraph

(j)(2) of that rule sets forth a common

approach for demonstrating physical

presence in the United States, and

provides examples of the kinds of

documentation that applicants can

submit. Aliens applying for adjustment

of status under Public Law 106–378

must submit sufficient documentation

to establish that they were physically

present in the United States for at least

a 1-year period after being granted

asylum. It is not necessary that the

period of physical presence be a single,

unbroken period.

What Date Will Be Recorded as the

‘‘Record of Permanent Residence’’ for

Aliens Granted Lawful Permanent

Resident Status Under Public Law 106–

378?

Upon the approval of an application

for adjustment of status under Public

Law 106–378, the Service in accordance

with section 2(d) of Public Law 106–378

will establish a record of the alien’s

admission for lawful permanent

residence as of the date 1 year before the

date of the approval of the application.

Can Applicants for Adjustment of

Status Obtain Employment

Authorization?

Yes, aliens who have filed Form I–485

based on Public Law 106–378 may

apply for employment authorization

with the Service. Aliens must file Form

I–765, Application for Employment

Authorization, with the required

application fee, currently $100, or a

request for a fee waiver in accordance

with 8 CFR 103.7(c). Applications for

employment authorization based on a

pending Form I–485 filed under Public

Law 106–378 must be filed with the

Nebraska Service Center.

What Happens if I Submit an

Application for Adjustment of Status

Under Public Law 106–378 After the

Service Has Approved 2,000

Applications?

Although the Service does not

anticipate that there are more than 2,000

aliens eligible under Public Law 106–

378, if an eligible alien submits his or

her application, or request for a change

in the basis of an already pending

application, after the 2,000 limit for

adjustments under Public Law 106–378

has been reached, that application or

request and any associated fees or

evidence submitted will be returned to

the alien. In the case of an alien making

a request to change the basis of a

currently pending application, his or

her application will continue to remain

pending with the Service and will be

adjudicated based on the law upon

which it was filed. If the alien is an

asylee who does not yet have an

adjustment of status application

pending, he or she may be eligible to file

for adjustment under section 209 of the

Act. Such an alien should follow the

procedures at 8 CFR 209.2 to file under

section 209 of the Act.

Good Cause Exception

The Service’s implementation of this

rule as an interim rule with provisions

for post-promulgation public comment

is based on the ‘‘good cause’’ exceptions

found at 5 U.S.C. 533(b)(B), and (d)(3).

The immediate implementation of this

rule without prior notice and comment

is necessary because Public Law 106–

378 provided for a 1-year application

period which will end on October 26,

2001. Consequently, implementing this

regulation upon date of publication is

necessary to provide as much time as

possible to allow eligible aliens to apply

for benefits under Public Law 106–378.

Since prior notice and public comments

with respect to this rule is impractical

and contrary to public interest, there is

good cause under 5 U.S.C. 553 to make

this rule effective upon publication in

the Federal Register.

Regulatory Flexibility Act

The Acting 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 rule will

not have a significant economic impact

on a substantial number of small

entities. This rule affects certain

individual Syrian nationals who were

granted asylum in the United States. It

does not have an effect on small entities

as that 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 one 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 the United States-based

companies to compete with foreignbased companies in domestic and

export markets.

Executive Order 12866

This 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 and Review, and

the Office of Management and Budget

has waived its review process under

section (6)(a)(3)(A).

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

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

This rule meets the applicable

standards set forth in sections 3(a) and

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

27448 Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Rules and Regulations

Paperwork Reduction Act

This interim rule does not impose any

new reporting or recordkeeping

requirements. The information

collection requirements contained in

this rule were previously approved for

use by the Office of Management and

Budget (OMB). The OMB control

numbers for these collections are

contained in 8 CFR 299.5, Display of

control numbers.

List of Subjects in CFR Part 245

Aliens, Immigration, Reporting and

recordkeeping requirements.

Accordingly, part 245 of chapter I of

title 8 of the Code of Federal

Regulations is amended as follows:

PART 245—ADJUSTMENT OF STATUS

TO THAT OF PERSON ADMITTED FOR

PERMANENT RESIDENCE

1. The authority citation for part 245

continues to read as follows:

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

sec. 202, Pub. L. 105–100, 111 Stat. 2160,

2193; sec. 902, Pub. L. 105–277, 112 Stat.

2681; 8 CFR part 2.

2. Section 245.20 is added to read as

follows:

§ 245.20 Adjustment of status of Syrian

asylees under Public Law 106–378.

(a) Eligibility. An alien is eligible to

apply to adjust status under Public Law

106–378 if the alien is:

(1) A Jewish national of Syria;

(2) Arrived in the United States after

December 31, 1991, after being

permitted by the Syrian Government to

depart from Syria;

(3) Is physically present in the United

States at the time of filing the

application to adjust status;

(4) Applies for adjustment of status no

later than October 26, 2001, or has a

pending application for adjustment of

status under the Act that was filed with

the Service before October 27, 2000;

(5) Has been physically present in the

United States for at least 1 year after

being granted asylum;

(6) Has not firmly resettled in any

foreign country; and

(7) Is admissible as an immigrant

under the Act at the time of examination

for adjustment.

(b) Qualified family members. The

spouse, child, or unmarried son or

daughter of an alien eligible for

adjustment under Public Law 106–378

is eligible to apply for adjustment of

status under this section if the alien

meets the criteria set forth in paragraphs

(a)(4) through (a)(7) of this section.

(c) Grounds not to be applied and

waivers. The grounds of inadmissibility

found at section 212(a)(4) of the Act,

relating to public charge, and at section

212(a)(7)(A) of the Act, relating to

documentation, do not apply to

applicants for adjustment of status

under Public Law 106–378. Applicants

may also request the waivers found at

sections 212(h), (i), and (k) of the Act,

to the extent they are eligible.

(d) Application.—(1) New

applications. An applicant must submit

From I–485, Application to Register

Permanent Residence or Adjust Status,

along with the appropriate application

fee as stated in § 103.7(b)(1) of this

chapter, to the Nebraska Service Center.

The application must physically be

received by the Nebraska Service Center

no later than close of business on

October 26, 2001. Applicants 14 years of

age or older must also submit the

fingerprinting service fee provided for

in § 103.7(b)(1) of this chapter. Each

application filed must be accompanied

by two photographs as described in the

Form I–485 instructions; a completed

Biographic Information Sheet (Form G–

325A) if the applicant is between 14 and

79 years of age; and a report of medical

examination (Form I–693 and

vaccination supplement) as specified in

8 CFR 245.5. On Form I–485, Part 2,

question ‘‘h’’, applicants must write

‘‘SYRIAN ASYLEE—P.L. 106–378’’ to

indicate that they are applying based on

this provision.

(2) Filing of requests to change the

basis of a pending Form I–485.—(i)

Request. An eligible Syrian national

with a Form I–485 that is currently

pending with the Service may request

that the basis of his or her Form I–485

be changed to Public Law 106–378. The

alien must submit this request in

writing to the Nebraska Service Center.

The request may only be granted if the

2,000 adjustment limit specified in

paragraph (i) of this section has not yet

been reached. The 2,000 adjustment

limit includes both new and pending

Form I–485 petitions. The applicant

should clearly annotate ‘‘SYRIAN

ASYLEE P.L. 106–378’’ on the envelope

to identify the correspondence.

(ii) Time limit. If the Form I–485 was

filed before October 27, 2000, there is no

time limit for requesting a change of

basis for adjustment of status. However,

if the Form I–485 was filed on or after

October 27, 2001, then the Service must

receive the request for change of basis

no later than October 27, 2001.

(e) Evidence. Applicants must submit

evidence that demonstrates they are

eligible for adjustment of status under

Public Law 106–378. Required evidence

includes the following:

(1) A copy of the alien’s passport;

(2) A copy of the applicant’s ArrivalDeparture Record (Form I–94) or other

evidence of inspection and admission or

parole into the United States after

December 31, 1991;

(3) Documentation including, but not

limited to, those listed at § 245.15(j)(2)

to establish physical presence in the

United States for at least 1 year after

being granted asylum;

(4) If the applicant is the spouse of a

principal alien applying for adjustment,

he or she must submit a marriage

certificate, if available, or other

evidence to demonstrate the marriage;

and

(5) If the applicant is the child of a

principal alien applying for adjustment

of status, he or she must submit a birth

certificate, if available, or other

evidence to demonstrate the

relationship.

(f) Employment authorization.

Applicants who want to obtain

employment authorization based on a

pending application for adjustment of

status under Public Law 106–378 may

submit Form I–765, Application for

Employment Authorization, along with

the application fee listed in § 103.7(b)(1)

of this chapter. If the Service approves

the application for employment

authorization, the applicant will be

issued an employment authorization

document.

(g) Travel while an application to

adjust status is pending. Applicants

who wish to travel abroad and re-enter

the United States while an application

for adjustment of status is pending

without being considered to have

abandoned that application must obtain

advance parole prior to departing the

United States. To obtain advance parole,

applicants must file Form I–131,

Application for a Travel Document,

along with the application fee listed in

§ 103.7(b)(1) of this chapter. If the

Service approves Form I–131, the alien

will be issued Form I–512,

Authorization for the Parole of an Alien

into the United States.

(h) Approval and date of admission as

a lawful permanent resident. When the

Service approves an application to

adjust status to that of lawful permanent

resident based on Public Law 106–378,

the applicant will be notified in writing

of the Service’s decision. In addition,

the record of the alien’s admission as a

lawful permanent resident will be

recorded as of the date 1 year before the

approval of the application.

(i) Number of adjustments under

Public Law 106–378. No more than

2,000 aliens may have their status

adjusted to that of lawful permanent

resident under Public Law 106–378.

Federal Register / Vol. 66, No. 96 / Thursday, May 17, 2001 / Rules and Regulations 27449

(j) Notice of Denial.—(1) General.

When the Service denies an application

to adjust status to that of lawful

permanent resident based on Public

Law 106–378, the applicant will be

notified of the decision and the reason

for the denial in writing.

(2) Cases involving requests to change

the basis of a pending Form I–485. If an

applicant who requested that a pending

Form I–485, be considered under Public

Law 106–378, is found to be ineligible

under Public Law 106–378, but he or

she appears eligible for adjustment

under the original section of the Act

under which the Form I–485 was filed,

the Service will provide the applicant

with notice of this fact. Processing the

Form I–485 under the original provision

of law will resume as appropriate.

(k) Administrative review. An alien

whose application for adjustment of

status under Public Law 106–378 is

denied by the Service may not appeal

the decision. However, the denial will

be without prejudice to the alien’s right

to renew the application in proceedings

under 8 CFR part 240 provided that the

2,000 statutory limit on such

adjustments has not yet been reached.

Dated: May 11, 2001.

Kevin D. Rooney,

Acting Commissioner, Immigration and

Naturalization Service.

[FR Doc. 01–12432 Filed 5–16–01; 8:45 am]

BILLING CODE 4410–10–M

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 72

RIN 3150–AG70

List of Approved Spent Fuel Storage

Casks: VSC–24 Revision; Confirmation

of Effective Date

AGENCY: Nuclear Regulatory

Commission.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is confirming the

effective date of May 21, 2001, for the

direct final rule that appeared in the

Federal Register of March 6, 2001 (66

FR 13407). This direct final rule

amended the NRC’s regulations by

revising the Pacific Sierra Nuclear

Associates (PSNA) VSC–24 listing

within the ‘‘List of approved spent fuel

storage casks’’ to include Amendment

No. 3 to the Certificate of Compliance

(CoC).

DATES: The effective date of May 21,

2001 is confirmed for this direct final

rule.

ADDRESSES: Documents related to this

rulemaking, including comments

received, may be examined at the NRC

Public Document Room, 11555

Rockville Pike, Rockville, MD. These

same documents may also be viewed

and downloaded electronically via the

rulemaking website (http://

ruleforum.llnl.gov). For information

about the interactive rulemaking

website, contact Ms. Carol Gallagher

(301) 415–5905; e-mail CAG@nrc.gov.

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: On March

6, 2001 (66 FR 13407), the NRC

published in the Federal Register a

direct final rule amending its

regulations in 10 CFR 72 to revising the

Pacific Sierra Nuclear Associates

(PSNA) VSC–24 listing within the ‘‘List

of approved spent fuel storage casks’’ to

include Amendment No. 3 to the

Certificate of Compliance (CoC). This

amendment changes the Technical

Specifications 1.2.1 and 1.2.6 to modify

the fuel specifications for Combustion

Engineering 16x16 spent fuel stored in

the VSC–24 cask system, modifies the

text in TS 1.2.7 for accuracy, modifies

the text in Certificate Section 2.b. to

remove ambiguity, modifies Certificate

Section 3 to be consistent with TS 1.1.4,

modifies Certificate Section 4 for

consistency with TS 1.1.3, and modifies

Certificate Section 5 to remove

ambiguity. This document confirms the

effective date. In the direct final rule,

NRC stated that if no significant adverse

comments were received, the direct

final rule would become final on the

date noted above. The NRC did not

receive any comments that warranted

withdrawal of the direct final rule.

Therefore, this rule will become

effective as scheduled.

Dated at Rockville, Maryland, this 11th day

of May, 2001.

For the Nuclear Regulatory Commission.

Michael T. Lesar,

Chief, Rules and Directives Branch, Division

of Administrative Services, Office of

Administration.

[FR Doc. 01–12412 Filed 5–17–01; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 2001–SW–05–AD; Amendment

39–12232; AD 2001–10–06]

RIN 2120–AA64

Airworthiness Directives; Sikorsky

Aircraft Corporation Model S–76A, S–

76B, and S–76C Helicopters

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD)

that applies to Sikorsky Aircraft

Corporation (Sikorsky) Model S–76A,

S–76B, and S–76C helicopters and

currently requires, before further flight,

performing a fluorescent penetrant

inspection (FPI) of the main rotor shaft

assembly (shaft). Also, a recurring FPI

and visual inspection for a cracked shaft

are required by that AD. That AD also

requires replacing the shaft with an

airworthy shaft before further flight if a

crack is found. This amendment

requires replacing certain serial

numbered shafts with an airworthy shaft

before further flight. This amendment is

prompted by further investigation and a

determination that the inspections can

be safely eliminated if certain serialnumbered shafts are removed from

service before further flight. The actions

specified by this AD are intended to

prevent failure of the shaft and

subsequent loss of control of the

helicopter.

EFFECTIVE DATE: June 21, 2001.

FOR FURTHER INFORMATION CONTACT:

Wayne Gaulzetti, Aviation Safety

Engineer, Boston Aircraft Certification

Office, 12 New England Executive Park,

Burlington, MA 01803, telephone (781)

238–7156, fax (781) 238–7199.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 2000–23–52,

Amendment 39–12095 (66 FR 8507,

February 1, 2001), which applies to

Sikorsky Model S–76A, S–76B, and S–

76C helicopters, was published in the

Federal Register on March 15, 2001 (66

FR 15062). That action proposed to

require, before further flight, replacing

each shaft, part number 76351–09030—

all dash numbers, serial number B015–

00700 through B015–00706, with an

airworthy shaft.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. No