7446 Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations

(c) Numerical limitation for natives of

adversely affected countries other than

Ireland.

(1) Overall. The overall numerical

limitation for natives of adversely

affected countries other than Ireland

shall be the difference between the total

number of visas available under section

132 of Pub. L. 101–649 during fiscal

year 1994 but not used during such

fiscal year and the number computed

pursuant to paragraph (b) of this section.

(2) Regional apportionment. The

overall numerical limitation determined

as provided in paragraph (c)(1) of this

section shall be apportioned among the

regions established by section

203(c)(1)(F) of the Immigration and

Nationality Act, as amended, as

follows—Africa: 0.54%; Asia: 11.51%;

Europe: 85.93%; North America—none;

Oceania: None; and South America,

Mexico, Central America, and the

Caribbean; 2.02%.

(d) Allocation of immigrant visa

numbers. Within the limitations

specified in paragraphs (b) and (c) of

this section, the Department shall

allocate immigrant visa numbers for use

in connection with the issuance of

immigrant visas and the granting of

adjustment of status.

§ 43.26 Fees.

An applicant who is to be given

consideration under this subpart and

who is notified or otherwise informed

thereof shall remit to the Department a

fee of $25 in such manner as the

Department shall specify in the

notification or other communication to

the applicant. The fee shall be $25

regardless of whether or not the

applicant has a spouse and/or child(ren)

who intend to accompany or follow to

join the applicant. The remittance shall

be negotiable in such form as the

Department shall specify.

§ 43.27 Eligibility to receive a visa.

The eligibility of an applicant for a

visa under section 217 of Pub. L 103–

416 shall be determined as provided in

the Immigration and Nationality Act, as

amended, and parts 40 and 42 of

subchapter E-Visas except that—

(a) Section 212(e) of the Immigration

and Nationality Act, as amended, shall

not apply to such an applicant; and

(b) The provisions of § 40.105 of this

chapter shall apply to such an

applicant.

Dated: February 2, 1995.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 95–3004 Filed 2–7–95; 8:45 am]

BILLING CODE 4710–06–P

DEPARTMENT OF JUSTICE

Office of the Attorney General

28 CFR Part 64

[AG Order No. 1947–95]

Designation of Officers and Employees

of the United States for Coverage

Under Section 1114 of Title 18 of the

United States Code

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: Part 64 of title 28, Code of

Federal Regulations, designates

categories of federal officers and

employees who, in addition to those

already designated by statute, warrant

the protective coverage of federal

criminal law. This designation confers

federal jurisdiction to prosecute the

killing, attempted killing, kidnaping,

forcible assault, intimidation or

interference with any of the federal

officers or employees designated by this

regulation while they are engaged in or

on account of the performance of their

official duties. This order adds to the

list of covered federal officers and

employees federal administrative law

judges not previously covered and

employees of the Office of Workers’

Compensation Programs of the

Department of Labor who adjudicate

and administer claims under the Federal

Employees’ Compensation Act, the

Longshore and Harbor Workers’

Compensation Act and its extension,

and the Black Lung Benefits Act. The

order also makes technical corrections

and deletes duplicative designations.

DATES: This final rule is effective

February 8, 1995.

FOR FURTHER INFORMATION CONTACT:

Mary Incontro, Deputy Chief, or

Stephen M. Weglian, Attorney,

Terrorism and Violent Crime Section,

Criminal Division, Department of

Justice, Washington, D.C. 20530,

telephone (202) 514–0849.

SUPPLEMENTARY INFORMATION: Part K of

chapter X of the Comprehensive Crime

Control Act of 1984, Pub. L. 98–473,

title II, § 1012, 98 Stat. 1976, 2142

(1984), amended 18 U.S.C. 1114, which

prohibits the killing of designated

federal employees, to authorize the

Attorney General to add by regulation

other federal personnel who will be

protected by this section. The categories

of federal officers and employees

covered by section 1114 are also

protected, while engaged in or on

account of the performance of their

official duties, from a conspiracy to kill,

18 U.S.C. 1117; kidnaping, 18 U.S.C.

1201(a)(5); forcible assault, interference,

or intimidation, 18 U.S.C. 111; and

threat of assault, kidnap or murder with

intent to impede, intimidate, or retaliate

against such officer or employee, 18

U.S.C. 115.

In order to implement this legislation

initially, the Department conducted a

survey of all federal agencies to

determine which federal employees,

other than those already listed in 18

U.S.C. 1114, should be protected under

the statute. The result of this survey was

the promulgation of Attorney General

Order No. 1177–87, 52 FR 4767,

February 17, 1987, creating 28 CFR part

64. Section 64.1 states the purpose of

the regulation. Section 64.2 originally

listed 21 categories of federal employees

who were considered appropriate for

coverage under section 1114 and the

other statutory provisions. Consistent

with the purpose and legislative history

of section 1114, these categories of

federal employees were selected

because their jobs involve inspection,

investigative or other law enforcement

responsibility or their work involves a

substantial degree of physical danger

from the public and may not be

adequately addressed by available state

or local law enforcement resources. Part

64 has been amended four times to add

additional categories of personnel

(Attorney General Order No. 1326–89,

54 FR 9043, March 3, 1989; Attorney

General Order No. 1394–90, 55 FR 3945,

February 6, 1990; Attorney General

Order No. 1508–91, 56 FR 32327, July

16, 1991; Attorney General Order No.

1636–92, 57 FR 56444, November 30,

1992).

Attorney General Order No. 1636–92

established an interim rule that, besides

making various technical modifications

to Part 64, added these categories of

employees: (1) attorneys and employees

assigned to perform or to assist in

performing, investigative, inspection or

audit functions of the Office of the

Inspector General of certain designated

Federal entities as that term is defined

by section 8E of the Inspector General

Act of 1978, as amended, 5 U.S.C. App

3 section 8E, and of the Merit Systems

Protection Board and the Selective

Service System; (2) attorneys,

accountants, investigators,

administrative judges and other

employees of the U.S. Securities and

Exchange Commission assigned to

perform or to assist in performing

investigative, inspection or other law

enforcement functions; (3) biologists

and technicians of the U.S. Fish and

Wildlife Service who are participating

in sea lamprey control operations; (4)

officers and employees of the Federal

Aviation Administration, the Federal
Federal Register / Vol. 60, No. 26 / Wednesday, February 8, 1995 / Rules and Regulations 7447

Highway Administration, the Federal

Railroad Administration, the Research

and Special Programs Administration,

and the Saint Lawrence Seaway

Development Corporation of the U.S.

Department of Transportation who are

assigned to perform or assist in

performing investigative, inspection or

law enforcement functions; and (5) U.S.

Trustees and Assistant U.S. Trustees,

and bankruptcy analysts and other

officers and employees of the U.S.

Trustee System who have contact with

creditors and debtors, perform audit

functions, or perform other investigative

or enforcement functions in

administering the bankruptcy laws. No

public comments were received.

Administrative law judges (ALJs)

perform law enforcement functions

under various federal laws. In recent

years ALJs have been recipients of an

increasing number of threats, often by

litigants in proceedings before ALJs who

have considerable property interests at

stake. Presently, there are over 1000

ALJs in nearly 30 federal agencies. Some

of the ALJs in the Social Security

Administration and the Securities and

Exchange Commission are currently

covered by § 64.2 (x) and (w),

respectively. While these ALJs comprise

nearly 70% of all federal ALJs, there is

no valid reason for not covering the

others who experience similar risks.

Accordingly, all administrative law

judges have been added by paragraph

(aa) of § 64.2.

The Office of Workers’ Compensation

Programs (OWCP) of the Department of

Labor administers three workers’

compensation laws: the Federal

Employees’ Compensation Act (FECA);

the Longshore and Harbor Workers’

Compensation Act (LHWCA) and its

extension; and the Black Lung Benefits

Act (BLBA). OWCP employees

adjudicate and administer claims which

result in the payment (or denial) of

benefits under these respective laws. As

part of this process, the employees

conduct informal conferences and

(under FECA) face-to-face hearings. The

individual claims examiner’s identity is

well known to claimants, as are the

supervisors and managers involved at

all levels of the program. These

employees’ jobs involve a substantial

risk of physical danger from some

claimants and other members of the

public who seek to influence the

outcome of the claim or who are

dissatisfied with the decisions rendered.

In recent years, an increased number of

threats and acts of violence have been

directed against OWCP employees.

There have been instances in which

individuals have appeared in OWCP

offices with vicious dogs, with

purported explosives strapped to them,

and with firearms and other dangerous

weapons. Accordingly, these OWCP

employees have been added by

paragraph (bb) of § 64.2.

Because of new paragraph (aa),

reference to ‘‘administrative judges’’ in

paragraph (w) has been deleted. Also,

because section 6 of Pub. L. 102–365,

106 Stat. 975, September 3, 1992, added

to section 1114 of title 18, U.S.C., ‘‘any

officer or employee of the Federal

Railroad Administration assigned to

perform investigative inspection or law

enforcement functions,’’ reference to the

Federal Railroad Administration has

been deleted from paragraph (z).

On May 18, 1994, an interim rule with

request for comments was published in

the Federal Register amending part 64

of title 28, Code of Federal Regulations.

Attorney General Order No. 1874–94, 59

FR 25815. One favorable comment was

received. The Department has

determined to issue the rule in final

form without revision to the interim

rule.

The Department of Justice has

determined that this is not a ‘‘significant

regulatory action’’ within the meaning

of Executive Order 12866 and,

accordingly, this rule has not been

reviewed by the Office of Management

and Budget. This order will not have a

substantial impact on a significant

number of small entities, thus a

regulatory flexibility analysis has not

been prepared pursuant to the

Regulatory Flexibility Act, 5 U.S.C. 601,

et seq. Finally, this order does not have

Federalism implications warranting the

preparation of a Federalism Assessment

in accordance with E.O. 12612.

Accordingly, the interim rule

amending 28 CFR part 64 which was

published at 59 FR 25815 on May 18,

1994, is adopted as a final rule without

change.

Dated: January 31, 1995.

Janet Reno,

Attorney General.

[FR Doc. 95–3058 Filed 2–7–95; 8:45 am]

BILLING CODE 4410–01–M

DEPARTMENT OF LABOR

Occupational Safety and Health

Administration

29 CFR Part 1910

[Docket No. S–048]

Logging Operations

AGENCY: Occupational Safety and Health

Administration (OSHA).

ACTION: Final rule; partial stay of

enforcement.

SUMMARY: On October 12, 1994, the

Occupational Safety and Health

Administration (OSHA) issued a new

standard for logging operations (59 FR

51672). This notice stays enforcement of

the following paragraphs of § 1910.266

until August 9, 1995: (d)(1)(v) insofar as

it requires foot protection to be chainsaw resistant; (d)(1)(vii) insofar as it

requires face protection; (d)(2)(iii) for

first-aid kits that contain all the items

listed in Appendix A; (f)(2)(iv); (f)(2)(xi);

(f)(3)(ii); (f)(3)(vii); (f)(3)(viii); (f)(7)(ii)

insofar as it requires that parking brakes

be able to stop the machine; (g)(1) and

(g)(2) insofar as they require inspection

and maintenance of employee-owned

vehicles; and (h)(2)(vii) insofar as it

precludes backcuts at the level of the

horizontal cut of the undercut when the

Humboldt cutting method is used.

DATES: Effective on February 9, 1995.

The partial stay will expires on August

9, 1995. The remaining requirements of

§ 1910.266 are unaffected by this

document and will go into effect as

scheduled on February 9, 1995, or as

otherwise provided in the Final Rule.

FOR FURTHER INFORMATION CONTACT: Ms.

Anne Cyr, Office of Information and

Consumer Affairs, Occupational Safety

and Health Administration, Room N–

3637, U.S. Department of Labor, 200

Constitution Avenue NW., Washington,

DC 20210, (202) 219–8148.

SUPPLEMENTARY INFORMATION: On

October 12, 1994, OSHA issued a final

rule governing worker safety in logging

operations. Among other things, this

rule included requirements for: personal

protective equipment; first aid kits at

logging work sites; machine stability

and slope limitations; discharge of

hydraulic and pneumatic storage

devices on forestry machines; protective

structures on machines; machine

braking systems; vehicle inspection and

maintenance; and tree harvesting.

Several parties have raised questions

about certain aspects of these

requirements. After considering their

questions, the Agency has determined

that a six-month delay in the effective

date of some of the provisions is

appropriate in order to allow time for it

to clarify language in the regulatory text

so that it most adequately expresses its

intent with respect to some of these

provisions, and to provide additional

information on other provisions.

Stay of Enforcement of Certain

Provisions of § 1910.266

Paragraph (d)(1)(v)—Foot protection.

The final logging standard requires