32740 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

Firm name and address Drug labeler code

*******

(2) * * *

Drug labeler code Firm name and address

*******

066104 Phibro Animal Health, Inc., One Parker Plaza, Fort Lee, NJ 07024

*******

PART 558—NEW ANIMAL DRUGS FOR

USE IN ANIMAL FEEDS

3. The authority citation for 21 CFR

part 558 continues to read as follows:

Authority: 21 U.S.C. 360b, 371.

§ 558.450 [Amended]

4. Section 558.450 Oxytetracycline is

amended in paragraph (a)(1) by

removing ‘‘000069’’ and by adding in its

place ‘‘066104’’; and in table 1 in

paragraphs (d)(1)(i), (d)(1)(v), (d)(1)(vii),

and (d)(1)(viii), under the ‘‘Sponsor’’

column, and in table 2 in paragraphs

(d)(2)(i) through (d)(2)(iii), under the

‘‘Sponsor’’ column, by removing

‘‘000069’’ and by adding in its place

‘‘066104’’.

Dated: June 8, 2001.

Claire M. Lathers,

Director, Office of New Animal Drug

Evaluation, Center for Veterinary Medicine.

[FR Doc. 01–15273 Filed 6–15–01; 8:45 am]

BILLING CODE 4160–01–S

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Parts 41 and 42

[Public Notice 3654]

Visas: Documentation of Immigrants

and Nonimmigrants—Visa

Classification Symbols

AGENCY: Bureau of Consular Affairs,

Department of State.

ACTION: Final rule.

SUMMARY: The Department is amending

its regulations to add new immigrant

and nonimmigrant symbols to the

classification tables. The amendments

are necessary to implement recently

enacted legislation. The legislation

created a new immigrant category for

certain international broadcasters (BC1,

BC2, and BC3) and new nonimmigrant

categories for victims of trafficking for

illicit sexual purposes and slavery (T1

and T2), aliens who have suffered abuse

such as battering and other forms of

violence (U1 and U2), spouses and

children of lawful permanent residents

for whom petitions were filed before

December 21, 2000 and who have been

waiting for an immigrant visa for three

years or more (V1, V2, and V3), and

spouses of U.S. citizens (K3) and

children of the K3 (K4) who are

awaiting the issuance of an immigrant

visa (K3, K4). This rule removes the

immigrant classification for diversity

transition natives (AA1, AA2 and AA3).

This program ended September 30,

1995. The Department is also taking this

opportunity to amend the classification

symbols for retired NATO–6 employees,

their spouses and their unmarried sons

and daughters. In the Department’s

publication on April 19, 2000 [65 FR

20903], the Department erroneously

classified these aliens as SK special

immigrants. These aliens should be

classified as SN1, SN2, SN3 and SN4.

DATES: This rule takes effect on June 18,

2001.

FOR FURTHER INFORMATION CONTACT: Pam

Chavez, Legislation and Regulations

Division, Visa Services, Department of

State, Washington, DC 20520–0106,

(202) 663–1204.

SUPPLEMENTARY INFORMATION:

What Legislation Created These New

Visa Categories?

Pub. L. 106–386, The Victims of

Trafficking and Violence Protection Act

of 2000 (VTVPA)

The VTVPA is actually two separate

laws, the ‘‘Trafficking Victims

Protection Act of 2000’’ (TVPA) and the

‘‘Violence Against Women Act of 2000’’

(VAWA2).

How Does an Alien Qualify for T Visa

Status Under the TVPA?

Section 107 of Division A of the

TVPA created a new nonimmigrant

category under INA 101(a)(15)(T) for

aliens who the Attorney General has

determined are victims of a ‘‘severe

form of trafficking in persons.’’ Section

103 of the TVPA defines a ‘‘severe form

of trafficking in persons’’ as either:

(1) sex trafficking in which a commercial

sex act is induced by force, fraud or coercion

or in which the person induced to perform

such act has not attained 18 years of age, or

(2) the recruitment, harboring,

transportation, provision, or obtaining of a

person for labor or services, through the use

of force, fraud, or coercion for the purpose of

subjection to involuntary servitude, peonage,

debt bondage, or slavery.

To qualify for the ‘‘T’’ category, the

person must

(1) Be physically present in the

United States, American Samoa, the

Commonwealth of the Northern Mariana

Islands, or a U.S. port of entry because

of such trafficking;

(2) Have complied with any

reasonable request for assistance to law

enforcement in the investigation or

prosecution of acts of trafficking, or be

under the age of 15; and

(3) Be likely to suffer extreme

hardship involving unusual and severe

harm upon removal.

The Attorney General may, in order to

avoid extreme hardship, permit the

spouse, children and parents of an alien

under age 21 and the spouse and

children of an alien over age 21 to

accompany or follow to join the

principal alien.

How Does an Alien Qualify for U Visa

Status Under the VAWA2?

Section 1513 of Division B of the

VAWA2 created a new category under

INA 101(a)(15)(U) for victims of

physical or mental abuse. To qualify

under the U category the alien must file

a petition with the Attorney General and

establish therein:

(1) The alien has suffered substantial

physical or mental abuse as a result of

having been a victim of any one of an

extensive list of 26 criminal activities,

Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32741

including rape, torture, domestic abuse,

enslavement prostitution, etc.;

(2) As certified by a law enforcement

or immigration official, the alien (or if

the alien is a child under age 16 the

child’s parent, guardian or friend)

possesses information about the

criminal activity involved;

(3) The alien has been, is being or is

likely to be helpful in the investigation

and prosecution of the criminal activity

by Federal, state or local law

enforcement authorities; and,

(4) The criminal activity violated the

laws of the United States or occurred in

the United States.

If the Attorney General determines

that extreme hardship exists and a law

enforcement official certifies that an

investigation or prosecution would be

harmed without that person’s

assistance, the spouse, child or parents

of the principal alien under age 16 may

accompany or follow to join the

principal alien.

The U category is limited to 10,000

principal aliens per fiscal year.

Pub. L. 106–553, Legal Immigration

Family Equity Act (LIFE ACT)

The LIFE ACT creates new

nonimmigrant categories under INA

101(a)(15)(V) and adds a new category

under INA 101(a)(15)(K).

An alien may be classified as a V

nonimmigrant if the alien is:

(1) The spouse or child of a lawful

permanent resident;

(2) Is the beneficiary of an approved

petition filed under INA 204 prior to

December 21, 2000; and

(3) Has been waiting for three or more

years after filing the petition for the

issuance of an immigrant visa.

An alien may be granted K status if

the alien:

(1) Is the spouse of a U.S. citizen

petitioner or the child of such spouse;

and

(2) Is waiting for the approval of a

petition or the availability of an

immigrant visa.

Pub. L. 106–536, Special Immigrant

Status for Certain U.S. Broadcasters

Pub. L. 106–536 created a new

immigrant category (BC) under INA

101(a)(27)(M) for certain United States

international broadcasting employees.

To qualify as a special immigrant

broadcaster, the alien must be:

(1) Seeking to enter the United States

to work as a broadcaster in the United

States for the International Broadcasting

Bureau of the Broadcasting Board of

Governors, or

(2) Seeking to enter the United States

to work for a grantee of the Broadcasting

Board of Governors, or

(3) The accompanying spouse and

child of the principal alien. The law

limits the number of aliens granted visas

in this category to 100 in any fiscal year.

Why Is the Department Removing the

Diversity Transition Natives?

Section 132 of Pub. L. 104–296

established a class of immigrants (AA)

to be issued immigrant visas in fiscal

years 1992, 1993 and 1994. Section 217

of Pub. L. 104–316 extended this

program through September 30, 1995.

The Department is removing the

diversity transition natives (AA–1, AA–

2, and AA–3) since this category of

immigrants no longer exists.

How Is the Department Amending Its

Regulations?

Effect on Nonimmigrant Visa Table

Affected?

The rule amends the nonimmigrant

visa classification table at 22 CFR 41.12

by adding new classifications: T1 and

T2; U1 and U2, V1, V2 and V3, and K3

and K4.

Effect on Immigrant Visa Table

Affected?

The rule amends the immigrant visa

classification table at 22 CFR 42.11 by

adding three new classifications: BC1,

BC2 and BC3. The rule removes the

classification symbols AA1, AA2 and

AA3. The rule also corrects the

classification symbols for certain retired

civilian employees of NATO and the

spouses and unmarried sons and

daughters and certain retired and

deceased NATO employees. These

aliens were erroneously classified as SK

special immigrants and should have

been classified as SN1, SN2, SN3 and

SN4.

Final Rule

Administrative Procedure Act

The Department’s implementation of

this regulation as a final rule is based

upon the

‘‘good cause’’ exceptions found at 5

U.S.C. 553(b)(B) and (d)(3). The

Department decided that since the new

nonimmigrant and special immigrant

categories became effective upon

enactment of the respective laws and

since there is a substantial immediate

benefit to many aliens, citizens and

lawful permanent residents, there is not

enough time nor sufficient reason to

delay its implementation by issuing a

proposed rule with request for

comments.

Regulatory Flexibility Act

The Department of State, 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.

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 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

Although it is being promulgated in

conjunction with the Immigration and

Naturalization Service, a domestic

agency, the Department of State does

not consider this rule, to be a

‘‘significant regulatory action’’ under

Executive Order 12866, section 3(f),

Regulatory Planning and Review.

Therefore, in accordance with the letter

to the Department of State of February

4, 1994 from the Director of the Office

of Management and Budget, it does not

require review by the Office of

Management and Budget.

Executive Order 13132

This regulation 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.

32742 Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations

Paperwork Reduction Act

This rule does not impose any new

reporting or record-keeping

requirements.

The information collection

requirement (Form OF–156) contained

by reference in this rule was previously

approved for use by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act.

List of Subjects in 22 CFR Part 41

Aliens, Foreign officials, Passports

and visas.

PART 41—[AMENDED]

1. The authority citation for Part 41 is

revised to read:

Authority: 8 U.S.C. 1104; 22 U.S.C. 2651a.

2. Amend the table in § 41.12 by

adding new categories K3 and K4, T1,

and T2, U–1, and U2, V1, V2 and V3,

in alpha-numeric order.

3. The addition reads as follows:

§ 41.12 Classification symbols.

* * * * *

NONIMMIGRANTS

Symbol and class Section of law

*******

K3 Spouse of U.S. citizen ..................................................................................................................................................... 101(a)(15)(K)(ii)

K4 Child of a K3 ................................................................................................................................................................... 101(a)(15)(K)(iii)

*******

T1 Victim of a severe form of trafficking in persons ............................................................................................................ 101(a)(15)(T)(i)

T2 Spouse, child or parent of a T1 ...................................................................................................................................... 101(a)(15)(T)(ii)

*******

U1 Victim of criminal activity ................................................................................................................................................. 101(a)(15)(i)(I)

U2 Spouse, child or parent of a U1 ...................................................................................................................................... 101(a)(15)(ii)

V1 Spouse of a Legal Permanent Resident Alien ................................................................................................................ 101(a)(15)(V)(i)

V2 Child of a Legal Permanent Resident Alien .................................................................................................................... 101(a)(15)(V)(i)

V3 Child of a V1 or V2 ......................................................................................................................................................... 203(d)

PART 42—[AMENDED]

4. The authority citation for Part 42 is

revised to read as follows:

Authority: 8 U.S.C. 1104; 2651a.

5. Amend § 42.11 by adding in alphanumeric order new categories BC1, BC2

and BC3 under the section entitled

‘‘Employment 4th Preference’’; by

adding in alpha-numeric order new

categories SN1, SN2, SN3 and SN4,

under the section entitled ‘‘Employment

4th Preference’’; and by removing the

section heading ‘‘Diversity Transition

for Natives of Certain Adversely

Affected Foreign States’’ and the 3-

column entries for AA1, AA2 and AA3.

The additions read as follows:

§ 42.11 Classification symbols.

* * * * *

IMMIGRANTS

Symbol and class Section of law

*******

Employment 4th Preference (Certain Special Immigrants)

BC1 Broadcaster in the U.S. employed by the International Broadcasting Bureau of the Broadcasting Board of Governors or a grantee of such organization.101(a)(27)(M)

BC2 Accompanying spouse of a BC1 .................................................................................................................................. 101(a)(27)(M)

BC3 Accompanying child of a BC1 ...................................................................................................................................... 101(a)(27)(M)

*******

SN1 Certain retired NATO6 civilians .................................................................................................................................... 101(a)(27)(L)

SN2 Spouse of an immigrant classified SN1 ....................................................................................................................... 101(a)(27)(L)

SN3 Certain unmarried sons or daughters of NATO6 civilian employees ........................................................................... 101(a)(27)(L)

SN4 Certain surviving spouses of deceased NATO–6 civilian employees .......................................................................... 101(a)(27)(L)

*******

Federal Register / Vol. 66, No. 117 / Monday, June 18, 2001 / Rules and Regulations 32743

Dated: April 10, 2001.

Mary A. Ryan,

Assistant Secretary for Consular Affairs,

Department of State.

[FR Doc. 01–15050 Filed 6–15–01; 8:45 am]

BILLING CODE 4710–06–U

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 920

[MD–046–FOR]

Maryland Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule.

SUMMARY: OSM is approving an

amendment to the Maryland regulatory

program (Maryland program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA), 30

U.S.C. 1201 et seq., as amended. The

amendment revises portions of the

Maryland regulations regarding a

definition of previously mined area,

termination of jurisdiction, permitting

requirements, bond release

requirements and performance

standards for inspections. The

amendment is intended to revise the

Maryland program to be no less effective

than the corresponding Federal

regulations.

EFFECTIVE DATE: June 18, 2001.

FOR FURTHER INFORMATION CONTACT:

George Rieger, Manager, Oversight and

Inspection Office, Appalachian

Regional Coordinating Center, Office

of Surface Mining Reclamation and

Enforcement, 3 Parkway Center,

Pittsburgh PA 15220, Telephone:

(412) 937–2153, E-mail:

grieger@osmre.gov

Maryland Bureau of Mines, 160 South

Water Street, Frostburg, Maryland

21532, Telephone: (301) 689–4136

SUPPLEMENTARY INFORMATION:

I. Background on the Maryland Program

II. Submission of the Amendment

III. Director’s Findings

IV. Summary and Disposition of Comments

V. Director’s Decision

I. Background on the Maryland

Program

On February 18, 1982, the Secretary of

the Interior approved the Maryland

program. You can find background

information on the Maryland program,

including the Secretary’s findings, the

disposition of comments, and the

conditions of approval in the February

18, 1982, Federal Register (47 FR 7214).

You can find subsequent actions

concerning the conditions of approval

and program amendments at 30 CFR

920.15 and 920.16.

II. Submission of the Amendment

By letter dated September 14, 1999

(Administrative Record No. 577–04),

Maryland provided an informal

amendment to OSM regarding a

definition of previously mined area,

termination of jurisdiction, permitting

requirements, bond release

requirements and performance

standards for inspections. Maryland

submitted the informal amendment in

response to requests made by OSM as

required under 30 CFR 732.17(d) in

letters dated July 8, 1997, and August

11, 1999 (Administrative Record Nos.

577–01 and 577–03, respectively). OSM

completed its review of the informal

amendment and submitted comments to

Maryland in a letter dated March 20,

2000 (Administrative Record No. 577–

05). By letter dated April 11, 2000

(Administrative Record No. MD–577–

06), Maryland submitted its response to

OSM’s comments in the form of a

proposed amendment to the Code of

Maryland Regulations (COMAR). The

proposed amendments were announced

in the April 28, 2000, Federal Register

(65 FR 24897). The public comment

period closed on May 30, 2000.

However, OSM’s review determined

that the proposed revisions to COMAR

26.20.31.02H the inspection frequency

on reclaimed bond forfeiture sites were

inconsistent with 30 CFR 840.11 and

700.11(d). As a result, a letter requesting

clarification was sent to Maryland dated

August 17, 2000 (Administrative Record

No. MD–577–12). Maryland responded

in its letter dated August 31, 2000

(Administrative Record No. MD 577–13)

with a new revision to COMAR

26.20.31.02H regarding the inspection

frequency on reclaimed bond forfeiture

sites. Therefore, OSM reopened the

public comment period regarding the

proposed amendments to Maryland’s

regulatory program. The proposed

rulemaking was published in the

October 4, 2000, Federal Register (65 FR

59150). The public comment period

closed on October 19, 2000. No one

requested an opportunity to speak at a

public hearing, so no hearing was held.

OSM’s review of this submission

determined that the proposed revision

to COMAR 26.20.31.02 J(3) was not as

effective as the Federal counterpart at 30

CFR 840.11(h)(1)(iii). To be as effective

as the corresponding Federal regulation

involved only the addition of a few

words to make the proposed rule

identical to the corresponding Federal

regulation. Maryland agreed to make the

change, and by a fax dated February 20,

2001, submitted the revision to OSM.

This change is explained later in this

document.

III. Director’s Findings

Set forth below, pursuant to SMCRA

and the Federal regulations at 30 CFR

732.15 and 732.17, are the Director’s

findings concerning the amendments to

the Maryland permanent regulatory

program.

1. COMAR 26.20.01.02B Definitions

Maryland is adding item (72–1) to the

definitions as follows: ‘‘Previously

Mined Area’’ means land affected by

surface coal mining operations prior to

August 3, 1977 that have not been

reclaimed to the standards of this

subtitle. The Director finds that the

definition described above is

substantively identical to and therefore

no less effective than the definition of

‘‘previously mined area’’ found at 30

CFR 701.5.

2. COMAR 26.20.02.01 Scope

Maryland is adding new paragraphs

C. and D. as follows:

C. The Bureau may terminate its

jurisdiction under the regulatory

program over the reclaimed site of a

completed surface coal mining and

reclamation operation or increment

thereof, when the Bureau determines, in

writing, that under the regulatory

program, all requirements imposed

under the applicable regulatory program

have been successfully completed or,

where a performance bond was

required, the bureau has made a final

decision in accordance with this subtitle

to fully release the performance bond.

D. Following a termination under

section C. of this regulation, the Bureau

shall reassert jurisdiction under the

regulatory program over a site if it is

demonstrated that the bond release or

written determination referenced in

section C. of this regulation was based

upon fraud, collusion, or

misrepresentation of a material fact.

The Director finds that the additions

described above are substantively

identical to and therefore no less

effective than the Federal Regulations at

30 CFR 700.11(d)(1)(ii) and (2).

3. COMAR 26.20.02.13 Description of

Proposed Mining Operations

Maryland is modifying paragraph M.

by inserting the phrase ‘‘Except as

provided in COMAR 26.20.26.01B,’’

before the existing text. This section

will now read as ‘‘Except as provided in

COMAR 26.20.26.01B, maps, plans and