16042 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations

vehicle to use a dedicated commuter

lane is affixed to the broken windshield,

the Service may issue a replacement

decal. The program participant must

submit a properly executed Form I–823,

Application—Dedicated Commuter

Lane Program, without fee, as well as a

receipt, properly documented with the

Vehicle Identification Number and the

vehicle license tag number, for the

purchase of a new windshield.

Dated: January 18, 1995.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 95–7629 Filed 3–28–95; 8:45 am]

BILLING CODE 4410–10–M

8 CFR Parts 235 and 242

[INS No. 1616–93]

RIN 1115–AD50

List of Countries for Which Privilege of

Communication is Allowed

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule revises the list of

countries with which the United States

has existing treaties requiring

immediate communication with

appropriate consular or diplomatic

officers whenever nationals of those

countries are detained in exclusion or

expulsion proceedings. This rule is

necessary to ensure that foreign

nationals who are arrested by

immigration officers in the United

States will be aware of their privilege of

communication with the consular or

diplomatic officers of the country of his

or her nationality. It is also necessary

that immigration officers be kept abreast

of changes of United States treaty

obligations that require mandatory

notification to certain countries when

nationals of those countries are arrested.

When aliens are detained by the

Immigration and Naturalization Service

(INS) officers at ports of entry, consular

or diplomatic officers must be notified

as presently required in 8 CFR 242 for

deportation proceedings. Therefore, a

addition will be made at 8 CFR 235 to

make clear that the notification

requirement applies equally in

exclusion proceedings. This revision

will have an impact on ensuring that the

treaty rights of foreign nationals are

protected.

DATES: This interim rule is effective

March 29, 1995. Written comments

must be submitted on or before May 30,

1995.

ADDRESSES: Please submit written

comments, in triplicate, to the Policy

Directives and Instructions Branch,

Immigration and Naturalization Service,

425 I Street NW., Room 5307,

Washington, DC 20536 Attention: Public

Comment Clerk. To ensure proper

handling please reference INS number

1616–93 on your correspondence.

Comments are available for public

inspection at the above address by

calling (202) 514–3038 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT:

Ira L. Frank, Senior Special Agent,

Investigations Division, Immigration

and Naturalization Service, 425 I Street

NW., Room 1000, Washington, DC

20536, telephone (202) 514–0747.

SUPPLEMENTARY INFORMATION: A number

of changes are necessary to revise 8 CFR

242.2(g), the regulation that ensures

immediate communication with

appropriate consular or diplomatic

officers whenever nationals of particular

countries with which we have existing

treaties are detained in exclusion or

expulsion proceedings. A cross

reference is being made to part 235 by

adding a subsection, 235.3(g), to make

clear that the mandatory notification

requirement applies equally to

exclusion and deportation proceedings.

Three countries, Malawi, Kenya, and

Uganda are being removed from the list

of countries for which consular

notification is mandatory. The United

States-United Kingdom consular

convention which made notification

mandatory is no longer in effect for

these three countries, although it was in

effect for a time after they became

independent.

Other countries removed from the

mandatory notification list include

Algeria, Argentina, Australia, Austria,

Belgium, Bolivia, Brazil, Cameroon,

Canada, Chile, Colombia, Cuba,

Czechoslovakia, Denmark, Dominican

Republic, Ecuador, Egypt, El Salvador,

France, Gabon, Federal Republic of

Germany, Guatemala, Holy See,

Honduras, Iraq, Ireland, Italy, Laos,

Lesotho, Liechtenstein, Luxembourg,

Madagascar, Mali, Mexico, Nepal, New

Zealand, Niger, Oman, Pakistan,

Panama, Paraguay, Portugal, Republic of

China, Rwanda, Senegal, Somalia,

Spain, Sweden, Switzerland, Tunisia,

Uruguay, Upper Volta, Venezuela,

Republic of Viet-Nam, and Yugoslavia.

These countries have been removed

because the Service has been informed

by the Department of State that there

has never been an obligation required by

treaty to provide mandatory

notification. Henceforth, the listing will

only reflect those countries that do have

treaties with the United States.

The disintegration of the Union of

Soviet Socialist Republics (USSR)

causes us to list the twelve Soviet

successor states separately. The twelve

states are: Armenia, Azerbaijan, Belarus,

Georgia, Kazakhstan, Kyrgyzstan,

Moldova, the Russian Federation,

Tajikistan, Turkmenistan, Ukraine, and

Uzbekistan.

We are also, however, listing ‘‘Union

of Soviet Socialist Republics (USSR),’’

with a footnote listing the twelve

successor states and noting that they

continue to be covered by the

mandatory notice provision of the

United States-USSR consular

convention. Including ‘‘USSR’’ with a

footnote as a safeguard is advisable for

the time being, since some nationals of

the successor states may still be

travelling on USSR passports.

Due to the break up of

Czechoslovakia, the Czech and Slovak

Republics will be listed separately as

mandatory notification countries. The

consular convention with

Czechoslovakia, which contained a

mandatory notification provision,

remains in force with respect to both

new countries.

Other countries being added to the

mandatory notification list as a result of

treaties with the United States include

Albania, Antigua, Bahamas, Barbados,

Belize, Brunei, Bulgaria, Dominica,

Grenada, Kiribati, Mongolia, St. Kitts/

Nevis, St. Lucia, St. Vincent/

Grenadines, Seychelles, South Korea,

and Tuvalu.

The Service’s implementation of this

rule as an interim rule, with provision

for post-promulgation public comment,

is based upon the ‘‘good cause’’

exception found at 5 U.S.C. 553(d)(3).

The reasons and the necessity for

immediate implementation of this

interim rule are as follows: The treaties

to which the United States is a signatory

require immediate communication with

appropriate consular or diplomatic

officers whenever nationals of particular

countries are detained in exclusion or

expulsion proceedings. Accordingly,

implementation of this requirement

cannot be delayed without the United

States being in violation of its treaty

obligations.

Regulatory Flexibility Act

The 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 the rule will

not have a significant economic impact

on a substantial number of small entities
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