Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations 16043

because of the following factors. The

rule primarily concerns matters of

agency records and proof of facts at

administrative hearings that do not

concern small entities.

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 12612

The regulations proposed herein will

not have substantial direct effect 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 Executive Order 12612,

it is determined that this rule does not

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Executive Order 12606

The Commissioner of the Immigration

and Naturalization Service certifies that

she has assessed this rule in light of the

criteria in Executive Order 12606 and

has determined that this regulation has

no impact on family well-being.

List of Subjects

8 CFR Part 235

Administrative practice and

procedure, Aliens, Detention,

Immigration, Port of entry, Reporting

and recordkeeping requirements.

8 CFR Part 242

Administrative practice and

procedure, Aliens.

Accordingly, chapter I of title 8 of the

Code of Federal Regulations is amended

as follows:

PART 235—INSPECTION OF PERSONS

APPLYING FOR ADMISSION

1. The authority citation for part 235

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1183,

1201, 1224, 1225, 1226, 1227, 1228, 1252.

2. In § 235.3, a new paragraph (g) is

added to read as follows:

§ 235.3 Detention and deferred inspection.

* * * * *

(g) Privilege of communication. The

mandatory notification requirements of

consular and diplomatic officers

pursuant to 8 CFR 242.2(g) apply to

exclusion proceedings.

PART 242—PROCEEDINGS TO

DETERMINE DEPORTABILITY OF

ALIENS IN THE UNITED STATES:

APPREHENSION, CUSTODY,

HEARING, AND APPEAL

3. The authority citation for part 242

continues to read as follows:

Authority: 8 U.S.C. 1103, 1182, 1186a,

1251, 1252, 1252 note, 1252b, 1254, 1362; 8

CFR part 2.

4. In § 242.2, paragraph (g) is revised

to read as follows:

§ 242.2 Apprehension, custody, and

detention.

* * * * *

(g) Privilege of communication. Every

detained alien shall be notified that he

or she may communicate with the

consular or diplomatic officers of the

country of his or her nationality in the

United States. Existing treaties require

immediate communication with

appropriate consular or diplomatic

officers whenever nationals of the

following countries are detained in

exclusion or expulsion proceedings,

whether or not requested by the alien

and even if the alien requests that no

communication be undertaken in his or

her behalf:

Albania 1

Antigua

Armenia

Azerbaijan

Bahamas

Barbados

Belarus

Belize

Brunei

Bulgaria

China (People’s Republic of) 2

Costa Rica

Cyprus

Czech Republic

Dominica

Fiji

Gambia, The

Georgia

Ghana

Grenada

Guyana

Hungary

Jamaica

Kazakhstan

Kiribati

Kuwait

Kyrgyzstan

Malaysia

Malta

Mauritius

Moldova

Mongolia

Nigeria

Philippines

Poland

Romania

Russian Federation

St. Kitts/Nevis

St. Lucia

St. Vincent/Grenadines

Seychelles

Sierra Leone

Singapore

Slovak Republic

South Korea

Tajikistan

Tanzania

Tonga

Trinidad/Tobago

Turkmenistan

Tuvalu

Ukraine

United Kingdom 3

U.S.S.R.4

Uzbekistan

Zambia

1. Arrangements with these countries

provide that U.S. authorities shall notify

responsible representatives within 72 hours

of the arrest or detention of one of their

nationals.

2. When Taiwan nationals (who carry

‘‘Republic of China’’ passports) are detained,

notification should be made to the nearest

office of the Coordination Council for North

American Affairs, the unofficial entity

representing Taiwan’s interests in the United

States.

3. British dependencies are also covered by

this agreement. They are: Anguilla, British

Virgin Islands, Hong Kong, Bermuda,

Montserrat, and the Turks and Caicos

Islands. Their residents carry British

passports.

4. All U.S.S.R. successor states are covered

by this agreement. They are: Armenia,

Azerbaijan, Belarus, Georgia, Kazakhstan,

Kyrgyzstan, Moldova, Russian Federation,

Tajikistan, Turkmenistan, Ukraine, and

Uzbekistan.

* * * * *

Dated: March 23, 1995.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 95–7684 Filed 3–28–95; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Parts 92 and 98

[Docket No. 94–087–1]

Canadian Border Ports; Baudette, MN

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Direct final rule.

SUMMARY: We are amending the animal

importation regulations by adding

Baudette, MN, as a Canadian border port

for pet birds, poultry, horses, ruminants,

swine, and germ plasm. We have

determined that Baudette, MN, has

inspection facilities which meet our
16044 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations

requirements for Canadian border port

status. This action will provide an

additional Canadian border port.

DATES: This rule will be effective on

May 30, 1995 unless we receive written

adverse comments or written notice of

intent to submit adverse comments on

or before April 28, 1995.

ADDRESSES: Please send an original and

three copies of any adverse comments or

notice of intent to submit adverse

comments to Docket No. 94–087–1,

Animal and Plant Health Inspection

Service, Policy and Program

Development, Regulatory Analysis and

Development, 4700 River Road Unit

118, Riverdale, MD 20737–1228. Please

state that your submission refers to

Docket No. 94–087–1. Submissions

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments and notices are

requested to call ahead on (202) 690–

2817 to facilitate entry into the

comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

David Vogt, Senior Staff Veterinarian,

Animal and Plant Health Inspection

Service, Veterinary Services, National

Center for Import and Export, Import/

Export Animals Staff, 4700 River Road

Unit 39, Riverdale, MD 20737–1228;

(301) 734–8172.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR parts 92 and

98 (referred to below as the regulations)

restrict the importation of specified

animals and animal products into the

United States. The regulations designate

land border ports along the U.S.-Canada

border which have inspection facilities

for the importation of certain animals

and germ plasm that require inspection.

Section 92.102(a) of the regulations lists

the special ports having inspection

facilities for the importation of certain

pet birds. Sections 92.203(b), 92.303(b),

92.403(b), 92.503(b) and 98.33(b) of the

regulations list the Canadian border

ports having inspection facilities for the

importation of certain poultry, horses,

ruminants, swine and germ plasm,

respectively.

A new facility in Baudette, MN, is

ready for use as an inspection station.

We have determined that the Animal

and Plant Health Inspection Service has

the personnel and facilities at Baudette,

MN, required to effectively provide

inspection services. Baudette, MN, is

currently listed in §§ 92.403(e) and

92.503(e) as a limited port for ruminants

and ruminant products and swine and

swine products, respectively. Limited

ports are used for animals and animal

products that do not require restraint

and holding facilities. Since Baudette,

MN, is capable of performing full

inspection services, we will remove

Baudette, MN, from the list of limited

ports.

This rule will amend §§ 92.102(a),

92.203(b), 92.303(b), 92.403(b),

92.403(e), 92.503(b), 92.503(e), and

98.33(b) in accordance with the

procedures explained below under

‘‘Dates.’’ The amendment will add

Baudette, MN, as a Canadian border port

and remove it as a limited port.

Dates

We are publishing this rule without a

prior proposal because we view this

action as noncontroversial and

anticipate no adverse public comment.

This rule will be effective, as published

in this document, 60 days after the date

of publication in the Federal Register

unless we receive written adverse

comments or written notice of intent to

submit adverse comments within 30

days of the date of publication of this

rule in the Federal Register.

Adverse comments are comments that

suggest the rule should not be adopted

or that suggest the rule should be

changed.

If we receive written adverse

comments or written notice of intent to

submit adverse comments, we will

publish a notice in the Federal Register

withdrawing this rule before the

effective date. We will then publish a

proposed rule for public comment.

Following the close of that comment

period, the comments will be

considered, and a final rule addressing

the comments will be published.

As discussed above, if we receive no

written adverse comments nor written

notice of intent to submit adverse

comments within 30 days of publication

of this direct final rule, this direct final

rule will become effective 60 days

following its publication. We will

publish a notice to this effect in the

Federal Register, before the effective

date of this direct final rule, confirming

that it is effective on the date indicated

in this document.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

Currently, Baudette, MN, is a limited

port for certain ruminants, ruminant

products, swine, and swine products.

This rule will add Baudette, MN, as a

Canadian border port for certain pet

birds, poultry, horses, ruminants, swine,

and germ plasm. We believe the primary

impact will be on importers of certain

pet birds, poultry, horses, ruminants,

swine, and germ plasm. Few if any of

these entities can be regarded as small.

If this rule is not adopted, some

importers would have to travel long

distances to a port in another State. We

believe that adding Baudette, MN, as a

Canadian border port will benefit U.S.

importers of pet birds, poultry, horses,

ruminants, and swine since these

importations will now be logistically

easier for a number of these entities.

Based on information from the local

livestock industry we expect 500 to

1,000 head of Canadian cattle to be

imported into the United States through

Baudette, MN. Approximately half of

these imports will be diverted from

other ports. In 1993, cattle imports into

the United States from Canada totaled

approximately 1.2 million head.

Therefore, we do not anticipate this

increase in the imports to have a

significant economic impact.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

under No. 10.025 and is subject to

Executive Order 12372, which requires

intergovernmental consultation with

State and local officials. (See 7 CFR part

3015, subpart V.)

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Paperwork Reduction Act

This rule contains no information

collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.).

List of Subjects

9 CFR Part 92

Animal diseases, Imports, Livestock,

Poultry and poultry products,

Quarantine, Reporting and

recordkeeping requirements.
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations 16045

9 CFR Part 98

Animal diseases, Imports.

Accordingly, 9 CFR parts 92 and 98

are amended as follows:

PART 92—IMPORTATION OF CERTAIN

ANIMALS AND POULTRY AND

CERTAIN ANIMAL AND POULTRY

PRODUCTS; INSPECTION AND OTHER

REQUIREMENTS FOR CERTAIN

MEANS OF CONVEYANCE AND

SHIPPING CONTAINERS THEREON

1. The authority citation for part 92

continues to read as follows:

Authority: 7 U.S.C. 1622; 19 U.S.C. 1306;

21 U.S.C. 102–105, 111, 114a, 134a, 134b,

134c, 134d, 134f, 135, 136, and 136a; 31

U.S.C. 9701; 7 CFR 2.17, 2.51, and 371.2(d).

§ 92.102 [Amended]

2. In § 92.102, paragraph (a) is

amended by adding the words

‘‘Baudette, Minnesota;’’ immediately

after ‘‘New York, New York;’’.

§§ 92.203, 92.303, 92.403, and 92.503

[Amended]

3. Sections 92.203, 92.303, 92.403,

and 92.503 are amended by adding the

words ‘‘Baudette, Minnesota;’’

immediately after ‘‘Michigan;’’ in the

following places:

a. In § 92.203, paragraph (b);

b. In § 92.303, paragraph (b);

c. In § 92.403, paragraph (b); and

d. In § 92.503, paragraph (b).

§§ 92.403 and 92.503 [Amended]

4. Sections 92.403 and 92.503 are

amended by removing the words

‘‘Baudette and’’ in the following places:

a. In § 92.403, paragraph (e) and

b. In § 92.503, paragraph (e).

PART 98—IMPORTATION OF CERTAIN

ANIMAL EMBRYOS AND ANIMAL

SEMEN

4. The authority citation for part 98 is

revised to read as follows:

Authority: 7 U.S.C. 1622; 21 U.S.C. 103,

104, 105, 111, 134a, 134b, 134c, 134d, 134f,

136, and 136a; 31 U.S.C. 9701; 7 CFR 2.17,

2.51, and 371.2(d).

§ 98.33 [Amended]

5. In § 98.33, paragraph (b) is

amended by adding ‘‘Baudette,

Minnesota;’’ immediately after ‘‘Sault

Ste. Marie, Michigan;’’.

Done in Washington, DC, this 22nd day of

March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–7598 Filed 3–28–95; 8:45 am]

BILLING CODE 3410–34–P

EXPORT-IMPORT BANK

12 CFR Parts 401, 402, and 406

General Procedures, Extension of

Credit, and Book-Entry Procedures;

Removal of Obsolete Regulation

AGENCY: Export-Import Bank.

ACTION: Final rule.

SUMMARY: The Export-Import Bank (‘‘ExIm Bank’’) is removing its existing

regulations at 12 CFR parts 401, 402 and

406. These regulations no longer

accurately describe the programs and

policies of Ex-Im Bank.

EFFECTIVE DATE: The removal of 12 CFR

parts 401, 402 and 406 is effective as of

March 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Carol Lee, Export-Import Bank of the

United States, General Counsel, 811

Vermont Ave., NW., Washington, DC

20571, tel. (202) 565–3430.

SUPPLEMENTARY INFORMATION:

List of Subjects

12 CFR Part 401

Administrative practice and

procedure, Banks, banking, Exports,

Insurance, Loan programs—business,

Organization and functions

(Government agencies).

12 CFR Part 402

Banks, banking, Exports, Insurance,

Loan programs—business.

12 CFR Part 406

Accounting, Banks, banking, Federal

Reserve System, Government securities.

PARTS 401, 402, and 406—[REMOVED]

Accordingly, under authority of 5

U.S.C. 552, 12 CFR parts 401, 402 and

406 are removed.

Dated: March 14, 1995.

Carol F. Lee,

General Counsel, Export-Import Bank.

[FR Doc. 95–6846 Filed 3–28–95; 8:45 am]

BILLING CODE 6690–01–M

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

14 CFR Part 1260

RIN 2700–AB95

Amending the NASA Research Grant

Handbook To Address Education

Grants, Training Grants, and Reduce

the Threshold for Incremental Funding

of Grants

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: NASA has revised its

Research Grant Handbook to define

education and training grants, permit

the award of education grants, and

decrease the threshold for incremental

funding of grants. The purpose of these

changes are to increase the coverage of

the Handbook and provide greater

funding flexibility. These changes

benefit both NASA and the grantee

community.

EFFECTIVE DATE: March 29, 1995.

FOR FURTHER INFORMATION CONTACT:

Thomas W. Dussault, (202) 358–0463.

SUPPLEMENTARY INFORMATION:

Background

In response to the interim rule (59 FR

36355, July 18, 1994), NASA received 1

comment from 1 person.

The only comment made was in

regard to lowering the threshold for

incrementally funding grants. In the

interim rule NASA lowered the

threshold for being able to

incrementally fund grants from over $1

million to $50,000. The comment made

was that $50,000 was thought to be too

low and that NASA should consider

raising it to $250,000. The lower

threshold of $50,000 was selected

because it allows NASA greater

flexibility to award grants when the

bulk of the funding will not be available

until the next fiscal year.

Impact

NASA certifies that this final rule will

not have a significant economic effect

on a substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). This rule does not

impose any reporting or recordkeeping

requirements subject to the Paperwork

Reduction Act.

List of Subjects in 14 CFR Part 1260

Grants.

Tom Luedtke,

Deputy Associate Administrator for

Procurement.

Accordingly, 14 CFR part 1260 is

amended as follows:

PART 1260—[AMENDED]

1. The authority citation for 14 CFR

part 1260 continues to read as follows:

Authority: Pub. L. 97–258, 96 Stat. 1003

(31 U.S.C. 6301 et seq.).

2. Under the authority of Pub. L. 97–

258, 96 Stat. 1003 (31 U.S.C. 6301 et

seq.), the interim rule published at 59