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

29449

Vol. 66, No. 105

Thursday, May 31, 2001

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 241 and 245

[INS No. 2113–01, AG Order No. 2429–2001]

RIN 1115–AG05

Executive Office for Immigration

Review; Adjustment of Status for

Certain Nationals of Nicaragua, Cuba,

and Haiti

AGENCY: Immigration and Naturalization

Service, and Executive Office for

Immigration Review, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule implements the

changes that the Legal Immigration

Family Equity Act (LIFE Act) and the

LIFE Act Amendments made to section

202 of the Nicaraguan Adjustment and

Central American Relief Act (NACARA)

and section 902 of the Haitian Refugee

Immigration Fairness Act of 1998

(HRIFA). The LIFE Act and its

Amendments provide that eligible

aliens who are nationals of Nicaragua,

Cuba, or Haiti may apply for adjustment

of status to that of lawful permanent

resident under NACARA or HRIFA

without being subject to certain barriers

that existed prior to the enactment of

the LIFE Act and its amendments. This

rule amends the Department of Justice’s

(Department’s) regulations by

incorporating the waivers, exceptions,

and motion to reopen provisions

mandated by the LIFE Act and its

amendments.

DATES: Effective date: This interim rule

is effective May 31, 2001.

Comment date: Written comments

must be submitted on or before July 30,

2001.

ADDRESSES: For matters relating to the

Immigration and Naturalization Service,

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

No. 2113–01 on your correspondence.

Comments are available for public

inspection at the above address by

calling (202) 514–3048 to arrange for an

appointment. For matters relating to the

Executive Office for Immigration

Review (EOIR), submit written

comments to Charles Adkins-Blanch,

General Counsel, Executive Office for

Immigration Review, 5107 Leesburg

Pike, Suite 2400, Falls Church, Virginia

22041.

FOR FURTHER INFORMATION CONTACT: For

matters relating to the Service, contact

Kevin J. Cummings, Assistant Director,

Residence and Status Branch, Office of

Adjudications, Immigration and

Naturalization Service, 425 I Street NW,

Room 3214, Washington, DC 20536,

telephone (202) 514–4754.

For matters relating to EOIR, contact

Charles Adkins-Blanch, General

Counsel, Executive Office for

Immigration Review, 5107 Leesburg

Pike, Suite 2400, Falls Church, Virginia

22041, telephone (703) 305–0470.

SUPPLEMENTARY INFORMATION:

What Is the Purpose of This Interim

Regulation?

On December 21, 2000, President

Clinton signed into law the Legal

Immigration Family Equity Act (LIFE

Act), Title XI of H.R. 5548 enacted by

reference in Public Law 106–553, and

the LIFE Act Amendments of 2000, Title

XV of H.R. 5666 enacted by reference in

Public Law 106–554. Section 1505 of

the LIFE Act Amendments makes

technical corrections to NACARA and

HRIFA to provide that the reinstatement

of removal orders under section

241(a)(5) of the Immigration and

Nationality Act (Act) no longer applies

to applicants for benefits under

NACARA and HRIFA, and that the

grounds of inadmissibility under

sections 212(a)(9)(A) and 212(a)(9)(C) of

the Act may be waived for aliens

applying for adjustment under section

202 of NACARA and section 902 of

HRIFA. The purpose of this interim rule

is to make existing Department

regulations conform to these new laws.

Why Were NACARA Section 202 and

HRIFA Amended?

Applicants for adjustment of status

under NACARA and HRIFA were

originally subject to the reinstatement

provisions of section 241(a)(5) of the

Act. An alien subject to reinstatement of

a removal order is not eligible for any

relief under the Act, including waivers

of any ground of inadmissibility

necessary to establish eligibility for

NACARA 202 or HRIFA adjustment. In

addition, were such applicants found to

be inadmissible under sections

212(a)(9)(A) or (C) of the Act, they

would have been required to seek

consent to reapply from the Attorney

General in order to qualify for an

exception to these grounds of

inadmissibility. Because a significant

number of otherwise eligible aliens were

believed to be ineligible for adjustment

of status under NACARA or HRIFA

because of these statutory restrictions,

Congress enacted the LIFE Act and its

amendments to ameliorate this problem.

What Does This Interim Rule Change?

In accordance with the LIFE Act and

the LIFE Act Amendments, the

Department is amending its regulation

to reflect that the grounds of

inadmissibility under sections

212(a)(9)(A) and 212(a)(9)(C) of the Act

may now be waived for applicants for

adjustment of status under NACARA

and HRIFA, and that section 241(a)(5) of

the Act no longer applies to such

applicants.

Sections 212(a)(9)(A) and 212(a)(9)(C)

of the Act are grounds of inadmissibility

relating to aliens previously removed

and aliens who are unlawfully present

in the United States after previous

immigration violations, respectively.

Section 212(a)(9)(A)(ii) of the Act

provides that an alien who has been

previously deported or removed, or who

has departed the United States

voluntarily while under an outstanding

order of deportation or removal, is

inadmissible for at least 10 years;

section 212(a)(9)(A)(iii) of the Act

provides that the Attorney General may

authorize exceptions. Section

212(a)(9)(C) of the Act provides that an

alien is inadmissible if he or she enters

or attempts to enter without being

admitted (without inspection) on or

after April 1, 1997, following an order

of deportation or removal, or if he or she

enters or attempts to enter without being

29450 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

admitted (without inspection) following

an aggregate unlawful presence of more

than 1 year on or after April 2, 1998.

The Attorney General may authorize

exceptions under section 212(a)(9)(C)(ii)

of the Act. An alien who is inadmissible

for the applicable period set forth in

sections 212(a)(9)(A) or (C) of the Act is

ineligible for adjustment of status unless

he or she first obtains the Attorney

General’s consent to reapply for

admission under the exception

provisions of section 212 of the Act. The

exception to inadmissibility under

either section 212(a)(9)(A)(iii) or (C)(ii)

of the Act may be obtained if the

Attorney General has given consent to

the alien to reapply for admission

during the applicable period.

Section 241(a)(5) of the Act provides

for the reinstatement of a removal order

against any alien who illegally re-enters

the United States after having been

removed or after having departed

voluntarily under an order of removal.

It also bars any alien whose removal

order has been reinstated from receiving

any relief under the Act, including any

waivers of grounds of inadmissibility

necessary for the grant of adjustment of

status.

This interim rule amends the

Department’s regulations at 8 CFR

245.13(a)(3) to clarify that section

241(a)(5) of the Act does not apply to

applicants for adjustment of status

under NACARA and HRIFA.

Additionally, this interim rule amends 8

CFR 245.13 and 245.15 to establish

special procedures to enable such

applicants to seek waivers of sections

212(a)(9) (A) and (C) grounds of

inadmissibility.

What Are the Section 212(a)(9)(A) and

(C) Waiver Procedures?

The provisions of LIFE allow that an

alien’s inadmissibility under section

212(a)(9)(A) and section 212(a)(9)(C) of

the Act may now be waived in

NACARA 202 and HRIFA cases. While

an otherwise inadmissible NACARA

202 or HRIFA adjustment applicant no

longer has to obtain the consent of the

Attorney General to reapply for

admission, the LIFE Act amendments

provide that in granting a waiver of

these grounds of inadmissibility to

NACARA 202 or HRIFA adjustment

applicants, the Attorney General shall

use the ‘‘standards’’ utilized in granting

consent to reapply under sections

212(a)(9)(A)(iii) and (C)(ii) of the Act.

This interim regulation provides that

NACARA 202 and HRIFA applicants

may apply for a waiver of any ground

described in section 212(a)(9)(A) or (C)

of the Act by filing a Form I–601,

Application for Waiver of Ground of

Excludability, with the required fee,

unless that fee has been waived.

NACARA 202 and HRIFA applicants

may apply for a waiver of these grounds

of inadmissibility while present in the

United States and without regard to the

normal requirement of filing a Form I–

212, Application for Permission to

Reapply for Admission into the United

States After Deportation or Removal.

Can a NACARA or HRIFA Adjustment

Applicant Whose Case Was Previously

Denied by the Service or Who Never

Applied for This Relief File a Motion

To Reopen?

An alien who is now eligible for

adjustment of status under NACARA

202 or HRIFA as a result of the LIFE Act

Amendments and whose application for

adjustment of status under NACARA

202 or HRIFA has been denied by the

Service may file a Motion to Reopen his

or her case before the Service if:

(1) The Service has not issued a

Notice to Appear (Form I–862), a Notice

of Referral to Immigration Judge (Form

I–863), or a Notice of Certification (Form

I–290C) placing the alien in proceedings

that are currently pending before the

immigration judge; and

(2) The alien pays the filing fee for a

motion to reopen set forth in 8 CFR

103.7(b)(1) or is granted a waiver of

such fee in accordance with 8 CFR

103.7(c).

Also, an alien who was in

proceedings and who has been made

eligible for adjustment of status under

the LIFE Act Amendments to NACARA

or HRIFA, but who did not apply for

such adjustment by the statutory

deadline of March 31, 2000, or whose

proceedings before EOIR resulted in a

final order following a denial by the

Service or EOIR of an application for

adjustment of status under NACARA or

HRIFA, may seek to reopen his or her

removal proceedings before the

Immigration Court or the Board of

Immigration Appeals, as appropriate, for

the sole purpose of applying for

NACARA 202 or HRIFA adjustment.

The alien must file such a motion to

reopen on or before June 19, 2001.

What if an Alien Did Not Apply for

Adjustment of Status and Was Never

Placed in Exclusion, Deportation, or

Removal Proceedings by the Service?

This rule does not apply to them. The

legislation passed by Congress only

applies to those aliens who are subject

to final orders of deportation, exclusion,

or removal and who applied for

adjustment of status under NACARA

202 or HRIFA by the statutory deadline

of March 31, 2000. The motion to

reopen provisions of this rule only

apply to aliens who would be subject to

a reinstatement of a previous removal

order under section 241(a)(5) of the Act,

and/or who are inadmissible under

section 212(a)(9)(A) or 212(a)(9)(C) of

the Act. It should be noted that aliens

who are subject to 212(a)(9)(C)(i)(I) but

who have not previously applied for

adjustment of status before March 31,

2000, are ineligible for the motion to

reopen provisions of this rule.

What Happens if an Alien Is Presently

in Exclusion, Deportation, or Removal

Proceedings?

Persons who are presently in

proceedings before the Immigration

Court or the Board and are pursuing a

timely filed application for adjustment

of status under NACARA 202 or HRIFA

will remain within the jurisdiction of

EOIR. Such pending applications shall

be adjudicated by the Immigration Court

or the Board in accordance with the

LIFE Act Amendments to NACARA 202

or HRIFA, as appropriate.

Under What Circumstances May an

Alien Whose Proceedings Before the

Immigration Court or the Board of

Immigration Appeals Have Been

Reopened in Accordance With the LIFE

Act Amendments to NACARA 202 and

HRIFA Apply for Adjustment of Status

Before the Service?

An alien who is granted a motion to

reopen under the LIFE Act Amendments

to NACARA 202 or HRIFA by an

Immigration Court or the Board may

move to have the proceedings

administratively closed for the purpose

of filing with the Service an application

for adjustment of status under NACARA

202 or HRIFA as amended by the LIFE

Act Amendments. If the Service concurs

in such a motion, the Immigration Court

or the Board, as appropriate, may

administratively close the proceedings

for that purpose.

Good Cause Exception

The Department’s implementation of

this interim rule upon publication in the

Federal Register with a postpromulgation period of public

comments is based upon the ‘‘good

cause’’ exception found at 5 U.S.C.

553(b)(B) and (d)(3). The reason and

necessity for immediate implementation

is because the LIFE Act and its

amendments became effective

immediately upon enactment on

December 21, 2000. Because the law

became effective upon enactment, aliens

who may otherwise be ineligible for

adjustment became eligible

immediately. This regulation eliminates

existing bars to HRIFA and NACARA

202 benefits by implementing statutorily

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29451

mandated waiver, exception, and

motion to reopen provisions set forth in

section 1505 of the LIFE Act

amendments, which was included in

the Consolidated Appropriations Act for

2001, Public Law 106–554. Publication

of this interim rule with an immediate

effective date will allow affected aliens

to have their cases processed

expeditiously.

As noted previously, an alien subject

to a final order of exclusion,

deportation, or removal who has been

made eligible for adjustment of status

under the LIFE Act Amendments to

NACARA or HRIFA, but who did not

apply for such adjustment by the

statutory deadline of March 31, 2000,

may seek to reopen his or her removal

proceedings before the Immigration

Court or the Board of Immigration

Appeals, as appropriate, to apply for

NACARA 202 or HRIFA adjustment.

Such an alien must file his or her

motion to reopen on or before June 19,

2001. Issuance of a proposed rule at this

time would delay a final rule for several

weeks, thereby denying such aliens an

opportunity to file a motion to reopen

before the statutory deadline. In light of

all the foregoing, the Department finds

that it would be unnecessary and

contrary to the public interest to adopt

this rule with the prior notice and

comment period normally required

under 5 U.S.C. 553(b).

Regulatory Flexibility Act

In accordance with the Regulatory

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

Attorney General has reviewed this rule

and, by approving it, certifies that this

rule will not have a significant

economic impact upon a substantial

number of small entities. This rule

applies to individual aliens who wish to

apply for adjustment of status under

NACARA or HRIFA. It does not have an

effect on small entities as that term is

defined in 5 U.S.C. 601(6).

Executive Order 12866: Regulatory

Planning and Review

This rule is considered by the

Department of Justice to be a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

Regulatory Planning and Review.

Accordingly, this regulation has been

submitted to the Office of Management

and Budget for review.

Executive Order 13132: Federalism

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.

Small Business Regulatory Enforcement

Fairness Act of 1996

This rule is not a major rule as

defined by section 251 of the Small

Business Regulatory Enforcement Act of

1996, 5 U.S.C. 804. 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 12988: Civil Justice

Reform

This rule meets the applicable

standards set forth in sections 3(a) and

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

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 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.

Paperwork Reduction Act

There are no new information

collection requirements in this rule.

Forms I–212 and I–601 have previously

been approved for use by the Office of

Management and Budget under the

Paperwork Reduction Act. The OMB

control numbers for these collections

are contained in 8 CFR 299.5, Display of

control numbers.

List of Subjects

8 CFR Part 241

Aliens.

8 CFR Part 245

Aliens, Immigration, Reporting and

recordkeeping requirements.

Accordingly, chapter I of title 8 of the

Code of Federal Regulations is amended

as follows:

PART 241—APPREHENSION AND

DETENTION OF ALIENS ORDERED

REMOVED

1. The authority citation for part 241

is revised to read as follows:

Authority: 8 U.S.C. 1103, 1223, 1227, 1253,

1255, and 1330; 8 CFR part 2.

2. Section 241.8 is amended by:

a. Redesignating paragraphs (d) and

(e) as paragraphs (e) and (f),

respectively, and by

b. Adding a new paragraph (d), to

read as follows:

§ 241.8 Reinstatement of removal orders.

* * * * *

(d) Exception for applicants for

benefits under section 902 of HRIFA or

sections 202 or 203 of NACARA. If an

alien who is otherwise subject to this

section has applied for adjustment of

status under either section 902 of

Division A of Public Law 105–277, the

Haitian Refugee Immigrant Fairness Act

of 1998 (HRIFA), or section 202 of Pubic

Law 105–100, the Nicaraguan

Adjustment and Central American

Relief Act (NACARA), the provisions of

section 241(a)(5) of the Immigration and

Nationality Act shall not apply. The

immigration officer may not reinstate

the prior order in accordance with this

section unless and until a final decision

to deny the application for adjustment

has been made. If the application for

adjustment of status is granted, the prior

order shall be rendered moot.

* * * * *

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;

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

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

2681–538; 8 CFR part 2.

4. Section 245.13 is amended by:

a. Adding the words ‘‘as amended and

without regard to section 241(a)(5) of

the Act,’’ immediately after ‘‘Pub. L.

105–100,’’ in the introductory text in

paragraph (a);

b. Designating existing text in

paragraph (c) as paragraph (c)(1);

c. Adding a heading for paragraph

(c)(1);

d. Adding a new paragraph (c)(2);

e. Revising the heading for paragraph

(d);

f. Designating existing text in

paragraph (d)(4) as paragraph (d)(4)(i);

g. Adding a new paragraph (d)(4)(ii);

h. Revising paragraph (m);

i. Removing the word ‘‘or’’ at the end

of paragraph (n)(3)(i);

29452 Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations

j. Removing the period at the end of

paragraph (n)(3)(ii) and inserting ‘‘; or’’

in its place; and

h. Adding a new paragraph (n)(3)(iii).

The revisions and additions read as

follows:

§ 245.13 Adjustment of status of certain

nationals of Nicaragua and Cuba under

Public Law 105–100.

* * * * *

(c) * * *

(1) General. ***

(2) Special rule for waiver of

inadmissibility grounds for NACARA

applicants under section 212(a)(9)(A)

and 212(a)(9)(C) of the Act. An

applicant for adjustment of status under

section 202 of Public Law 105–100 who

is inadmissible under section

212(a)(9)(A) or 212(a)(9)(C) of the Act,

may apply for a waiver of these grounds

of inadmissibility while present in the

United States. Such an alien must file a

Form I–601, Application for Waiver of

Grounds of Excludability, with the

director of the Texas Service Center if

the application for adjustment is

pending at that office, with the district

director having jurisdiction over the

application if the application for

adjustment is pending at a district

office, with the Immigration Judge

having jurisdiction if the application for

adjustment is pending before the

Immigration Court, or with the Board of

Immigration Appeals if the appeal is

pending before the Board.

* * * * *

(d) General. ***

(4) * * *

(ii) An alien may file a motion to

reopen with the Immigration Court or

the Board of Immigration Appeals,

whichever had jurisdiction last, if the

alien is present in the United States and

subject to a final order of exclusion,

deportation, or removal and has been

denied adjustment of status under

section 202 of NACARA by an

Immigration Court or the Board or who

never applied for adjustment of status

on or before March 31, 2000, with either

the Service, the Immigration Court or

the Board, and who is now eligible for

adjustment as a result of section

1505(a)(1) of the Legal Immigration

Family Equity Act of 2000 (LIFE) and

the LIFE amendments, Public Law 106–

553 and Public Law 106–554,

respectively. As provided by

§ 1505(a)(2) of the LIFE Act and its

amendments, such a motion to reopen

must be filed on or before June 19, 2001.

* * * * *

(m) Denial and review of decision.

(1) If the director denies the

application for adjustment of status

under the provisions of section 202 of

Public Law 105–100, the director shall

notify the applicant of the decision. The

director shall also:

(i) In the case of an alien who is not

maintaining valid nonimmigrant status

and who had not previously been

placed in exclusion, deportation or

removal proceedings, initiate removal

proceedings in accordance with § 239.1

of this chapter during which the alien

may renew his or her application for

adjustment of status under section 202

of Public Law 105–100; or

(ii) In the case of an alien whose

previously initiated exclusion,

deportation, or removal proceedings had

been administratively closed or

continued indefinitely under paragraph

(d)(3) of this section, advise the

Immigration Court that had

administratively closed the proceedings,

or the Board, as appropriate, of the

denial of the application. Upon a

motion to recalendar filed by the

Service, the Immigration Court or the

Board will then recalendar or reinstate

the prior exclusion, deportation or

removal proceedings, during which the

alien may renew his or her application

for adjustment under section 202 of

Public Law 105–100; or

(iii) In the case of an alien who is the

subject of an outstanding final order of

exclusion, deportation, or removal, refer

the decision to deny the application by

filing a Form I–290C, Notice of

Certification, with the Immigration

Court that issued the final order for

consideration in accordance with

paragraph (n) of this section.

(2) Aliens who were denied

adjustment of status by the director, but

who are now eligible for such

adjustment of status pursuant to section

1505(a)(1) of the LIFE Act and

amendments, and have not been

referred to immigration proceedings as

specified in paragraph (m)(1) of this

section may file a motion to reopen with

the Service. If an alien has been referred

to the Immigration Court or has filed an

appeal with the Board after an

Immigration Court has denied the

application for adjustment under

NACARA section 202, and proceedings

are pending, then the application for

adjustment of status will be adjudicated

in accordance with section 1505(a) of

the LIFE Act and its amendments. An

alien present in the United States

subject to a final order of removal after

his or her application was denied by an

Immigration Court or the Board, but

who was made eligible for adjustment

pursuant to section 1505(a) of the LIFE

Act and its amendments may file a

motion to reopen with the Immigration

Court or the Board, whichever had

jurisdiction last. Pursuant to section

1505(a)(2) of the LIFE Act and its

amendments, motions to reopen

proceedings before the Immigration

Court or the Board must be filed on or

before June 19, 2001.

(n) * * *

(3) * * *

(iii) Upon a motion to reopen filed not

later than June 19, 2001, by an alien

present in the United States who

became eligible for adjustment of status

under section 202 of Public Law 105–

100, as amended by section 1505, Public

Law 106–554.

* * * * *

5. Section 245.15 is amended by:

a. Revising the sentence in the

introductory text in paragraph (b);

b. Adding a new paragraph (e)(3);

c. Redesignating paragraphs (g)(3)(i)

and (g)(3)(ii) as paragraphs (g)(3)(iii) and

(g)(3)(iv), respectively;

d. Redesignating the introductory text

of paragraph (g)(3) as paragraph (g)(3)(i);

e. Adding new paragraph (g)(3)(ii);

f. Designating existing text in

paragraph (r)(1) as paragraph (r)(1)(i);

g. Adding a new paragraph (r)(1)(ii);

h. Adding a new paragraph (r)(4);

i. Removing the word ‘‘or’’ at the end

of paragraph (s)(4)(i);

j. Removing the period at the end of

paragraph (s)(4)(ii), and inserting a ‘‘;

or’’ in its place; and by

k. Adding a new paragraph (s)(4)(iii).

The revisions and additions read as

follows:

§ 245.15 Adjustment of status of certain

Haitian nationals under the Haitian Refugee

Immigration Fairness Act of 1998 (HRIFA).

* * * * *

(b) * * * Section 902 of Division A of

Public Law 105–277, the Haitian

Refugee Immigrant Fairness Act of 1998

(HRIFA), provides special rules for

adjustment of status for certain

nationals of Haiti, and without regard to

section 241(a)(5) of the Act, if they meet

the other requirements of HRIFA.

* * * * *

(e) * * *

(3) Special rule for waiver of

inadmissibility grounds for HRIFA

applicants under section 212(a)(9)(A)

and 212(a)(9)(C) of the Act. An

applicant for adjustment of status under

HRIFA who is inadmissible under

section 212(a)(9)(A) or 212(a)(9)(C) of

the Act, may apply for a waiver of these

grounds of inadmissibility while present

in the United States. Such an alien must

file Form I–601, Application for Waiver

of Grounds of Excludability. If the

application for adjustment is pending at

the Nebraska Service Center, Form I–

601 must be filed with the director of

that office. If the application for

Federal Register / Vol. 66, No. 105 / Thursday, May 31, 2001 / Rules and Regulations 29453

1The Commission interprets the requirement in

Section 114(d) of the NWPA that the Commission

‘‘shall issue a final decision approving or

disapproving the issuance of a construction

authorization not later than three years after the

date of submission’’ (emphasis added) of the license

application, as three years from the docketing of the

application. This interpretation is consistent with

the Commission’s general practice since its

establishment in 1975 to tie hearing schedules to

the docketing of a license application rather than

the tendering of the application by the applicant,

for the obvious reason that a license application

may be substantially deficient in some material

respect and must be returned to the applicant. This

practice is reflected in the HLW repository hearing

schedule contained in Appendix D to 10 CFR Part

2. However, the Commission would note that for

purposes of DOE’s obligation, under Section 114(b)

of the NWPA, to ‘‘submit’’ the license application

not later than ninety days after the date on which

the recommendation of site designation is effective,

the term ‘‘submit’’ would be interpreted as

‘‘tender’’, i.e., as in DOE’s obligation to ‘‘tender’’ the

license application to the NRC.

adjustment is pending at a district

office, Form I–601 must be filed with

the district director having jurisdiction

over the application. If the application

for adjustment is pending before the

immigration court, Form I–601 must be

filed with the immigration judge having

jurisdiction, or with the Board of

Immigration Appeals if the appeal is

pending before the Board.

* * * * *

(g) * * *

(3) * * *

(ii) An alien present in the United

States who is subject to a final order of

exclusion, deportation, or removal and

has been denied adjustment of status

under section 902 of HRIFA by the

Immigration Court or the Board, or who

never applied for adjustment of status

with the Service, an Immigration Court,

or the Board on or before March 31,

2000, and who was made eligible for

HRIFA benefits under the Legal

Immigration Family Equity Act of 2000

(LIFE Act) and LIFE amendments,

Public Law 106–553 and Public Law

106–554, respectively, may file a motion

to reopen with either the Immigration

Court or the Board, whichever had

jurisdiction last. As provided by the

LIFE Act, motions to reopen must be

filed on or before June 19, 2001.

* * * * *

(r) * * *

(1) * * *

(ii) An alien made eligible for

adjustment of status under HRIFA by

the LIFE Act amendments and whose

case has not been referred to EOIR

under paragraphs (r)(2) or (r)(3) of this

section, may file a motion to reopen

with the Service.

* * * * *

(4)(i) An alien whose case has been

referred to the Immigration Court under

paragraphs (r)(2) or (r)(3) of this section,

or who filed an appeal with the Board

after his or her application for

adjustment of status under section 902

of HRIFA was denied, and whose

proceedings are pending, and who is

now eligible for adjustment of status

under HRIFA as amended by section

1505(b) of the LIFE Act and its

amendments, may renew the

application for adjustment of status with

either the Immigration Court or the

Board, whichever has jurisdiction. The

application will be adjudicated in

accordance with section 1505(b) of the

LIFE Act and its amendments.

(ii) An alien present in the United

States who is subject to a final order of

exclusion, deportation or removal after

his or her HRIFA adjustment

application was denied by an

Immigration Court or the Board, but

who was made eligible for HRIFA

adjustment as a result of section 1505(b)

of the LIFE Act and its amendments,

may file a motion to reopen with either

the Immigration Court or the Board,

whichever had jurisdiction last. Such

motion to reopen must be filed on or

before June 19, 2001.

(s) * * *

(4) * * *

(iii) Upon a motion to reopen filed not

later than June 19, 2001, by an alien

present in the United States who

became eligible for adjustment of status

under HRIFA, as amended by section

1505, of Public Law 106–554.

* * * * *

Dated: May 24, 2001.

Larry D. Thompson,

Acting Attorney General.

[FR Doc. 01–13642 Filed 5–30–01; 8:45 am]

BILLING CODE 4410–10–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 2

RIN 3150–AG44

Licensing Proceedings for the Receipt

of High-Level Radioactive Waste at a

Geologic Repository: Licensing

Support Network, Design Standards

for Participating Websites

AGENCY: Nuclear Regulatory

Commission.

ACTION: Final rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is amending its

Rules of Practice applicable to the use

of the Licensing Support Network (LSN)

for the licensing proceeding on the

disposal of high-level waste (HLW) at a

geologic repository. The amendments

will establish the basic data structure

and transfer standards (‘‘design

standards’’) that participant LSN

websites must use to make documentary

material available. The amendments

will also clarify the authority of the LSN

Administrator (LSNA) to establish

guidance for LSN participants on how

best to meet the design standards and to

review participant designs for

compliance with the standards. Finally,

the amendments will clarify the timing

of participant compliance certifications.

EFFECTIVE DATE: July 2, 2001.

FOR FURTHER INFORMATION CONTACT:

Francis X. Cameron, U.S. Nuclear

Regulatory Commission, Washington DC

20555–0001, telephone (301) 415–1642,

e-mail FXC@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Background

The Commission’s regulations in 10

CFR part 2, Subpart J, provide for the

use of an electronic information

management system in the HLW

repository licensing proceeding.

Originally issued on April 14, 1989 (54

FR 14925), the information management

system currently required by Subpart J

is to have the following functions:

(1) To provide a Licensing Support

Network (LSN) that allows full text

search and retrieval access to the

relevant documents of all parties and

potential parties to the HLW repository

licensing proceeding beginning in the

time period before the Department of

Energy (DOE) submits its license

application for the repository;

(2) To provide for electronic

submission of filings by the parties, as

well as the orders and decisions of the

Atomic Safety and Licensing Board

during the proceeding; and

(3) To provide access to an electronic

version of the HLW repository licensing

proceeding docket for use during the

hearing.

The creation of the LSN—originally

called the ‘‘Licensing Support System’’

(LSS)—was stimulated by the

requirements of Section 114(d)(2) of the

Nuclear Waste Policy Act of 1982

(NWPA). This provision requires the

Commission to issue a final decision

approving or disapproving issuance of

the construction authorization for a

geologic repository for HLW within

three years of the ‘‘submission’’ (i.e.,

docketing) of the DOE license

application.1 The Commission

anticipated that the HLW proceeding

would involve a substantial number of

documents created by well-informed

parties regarding numerous, complex

issues. The Commission believed that