Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations 16785

21.197 and 21.199) to operate the aircraft to

a location where the requirements of this AD

can be accomplished.

(g) The actions required by this AD shall

be done in accordance with the following

SB’s:

Document No. Pages Revision Date

AlliedSignal Inc. Alert SB No. TPE331–A73–0226 ........................................................................ 1–8 Original ....... October 10, 1994.

Woodward SB No. WG64050 ......................................................................................................... 1–13 Original ....... October 3, 1994.

Total pages: 21.

AlliedSignal Inc. Alert SB No. TPE331–A73–0221 ........................................................................ 1–3 2 ................. October 10, 1994.

4 Original ....... June 27, 1994.

Woodward SB No. WG64047 ......................................................................................................... 1–12 4 ................. October 3, 1994.

Total pages: 16.

AlliedSignal Inc. SB No. TPE331–73–0224 ................................................................................... 1 1 ................. September 8, 1994.

2 Original ....... August 17, 1994.

3–4 1 ................. September 8, 1994.

Total pages: 4.

Woodward SB No. WG4044 ........................................................................................................... 1–3 Original ....... June 28, 1993.

Total pages: 3.

AlliedSignal Inc. SB No. TPE331–73–0228 ................................................................................... 1–10 Original ....... September 16, 1994.

Total pages: 10.

AlliedSignal Inc. SB No. TPE331–73–0217 ................................................................................... 1–10 Original ....... July 9, 1993.

Total pages: 10.

Note: The Woodward SB’s are attached to the AlliedSignal Alert SB’s.

This incorporation by reference was

approved by the Director of the Federal

Register in accordance with 5 U.S.C. 552(a)

and 1 CFR part 51. Copies may be obtained

from AlliedSignal Inc., Aviation Services

Division, Data Distribution, Dept. 64–3/2102–

1M, P.O. Box 29003, Phoenix, AZ 85038–

9003; telephone (602) 365–2548. Copies may

be inspected at the FAA, New England

Region, Office of the Assistant Chief Counsel,

12 New England Executive Park, Burlington,

MA; or at the Office of the Federal Register,

800 North Capitol Street, NW., suite 700,

Washington, DC.

(h) This amendment becomes effective

April 18, 1995, to all persons except those

persons to whom it was made immediately

effective by priority letter AD 94–26–07,

issued December 13, 1994, which contained

the requirements of this amendment.

Issued in Burlington, Massachusetts, on

March 20, 1995.

James C. Jones,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 95–7908 Filed 3–31–95; 8:45 am]

BILLING CODE 4910–13–P

UNITED STATES INFORMATION

AGENCY

22 CFR Part 514

[Rulemaking No. 115]

Waiver of Two-Year Home-Country

Physical Presence Requirement,

International Medical Graduates,

Exchange Visitor Program

AGENCY: United States Information

Agency.

ACTION: Interim final rule with request

for comments.

SUMMARY: Section 220 of the

Immigration and Nationality Technical

Corrections Act of 1994 (Pub. L. 103–

416) amended Section 212(e) of the

Immigration and Nationality Act (8

U.S.C. 1182(e)) and added a new

subsection (k) to Section 214 of that Act

(8 U.S.C. 1184) regarding waiver of the

two-year foreign residence requirement

as it applies to international medical

graduates. This rulemaking amends the

Exchange Visitor Program regulations to

reflect those legislative changes.

DATES: This interim final rule is

effective April 3, 1995. Written

comments will be accepted until May 3,

1995. All written communications

received by the Agency on or before the

closing date will be considered by the

Agency before action on a final rule is

undertaken.

ADDRESSES: Comments regarding this

rule should be addressed as follows:

United States Information Agency,

Office of the General Counsel,

Rulemaking 115, 301 Fourth Street,

S.W., Room 700, Washington, DC 20547.

FOR FURTHER INFORMATION CONTACT:

William G. Ohlhausen, Assistant

General Counsel, United States

Information Agency, 301 Fourth Street,

S.W., Washington, DC 20547; telephone

(202) 619–6972.

SUPPLEMENTARY INFORMATION: Section

220 of the Immigration and Nationality

Technical Corrections Act of 1994 (Pub.

L. 103–416), adopted in the closing days

of the 103rd Congress, amended

provisions of the Immigration and

Nationality Act which deal with the

two-year foreign residence requirement

affecting international medical

graduates (also known as ‘‘foreign

medical graduates’’ or ‘‘FMGs’’) who

were admitted to the United States on

the J visa, or who acquired such status

after admission to the United States, and

who are required to return to the

country of their nationality or last

residence upon the completion of their

participation in an exchange visitor

program.

The Immigration and Naturalization

Service may grant a waiver of the twoyear home country physical presence

requirement upon the favorable

recommendation of the Director of the

United States Information Agency. Prior

to the recent amendment to Sections

212 and 214 of the Immigration and

Nationality Act, there were three bases

upon which an alien who is a graduate

of a medical school pursuing a program

in graduate medical education or

training could seek a waiver of the twoyear foreign residence requirement. The

first basis was the so-called ‘‘interested

Government Agency’’ or ‘‘IGA’’ waiver.

Under that basis, the Director of the

United States Information Agency could

recommend a waiver to INS pursuant to

the request of an ‘‘interested United

States Government agency.’’

[Immigration and Nationality Act, as

amended, section 212(e) (8 U.S.C.

1182(e); 22 C.F.R. 514.44(a)(2) and (c).]

The other bases upon which a J visa

foreign medical graduate could seek a

waiver of the two-year foreign residence

requirement were to apply to the

Immigration and Naturalization Service

for a waiver on the grounds that the

departure of the alien physician from

the United States would ‘‘impose

exceptional hardship upon the alien’s

spouse or child (if such spouse or child

is a citizen of the United States or

lawfully resident alien), or that the alien
16786 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

cannot return to the country of his

nationality or last residence because he

would be subject to persecution on

account of race, religion, or political

opinion.’’ [Immigration and Nationality

Act, as amended, section 212(e) (8

U.S.C. 1182(e).] Additionally, all three

bases for seeking waiver required a

finding by the Attorney General that the

waiver was in the public interest.

The enactment of the Immigration and

Nationality Technical Corrections Act of

1994 (Pub. L. 103–416) has now

provided an additional basis upon

which an international medical graduate

may seek a waiver of the two-year home

residence requirement. Section 220(a) of

that Act added a provision that

authorizes a State Department of Public

Health or its equivalent to request the

Director of USIA to recommend that INS

grant the waiver. However, in addition,

the new law requires that the

government of the country to which the

international medical graduate is

required to return must furnish the

Director of the United States

Information Agency with a statement in

writing that it has no objection to such

waiver, and the medical graduate must

demonstrate that he or she has a bona

fide offer of full-employment and must

agree that he or she will begin

employment within 90 days of receiving

a waiver, and must agree to continue to

work, for a total of not less than three

years, at a health care facility in an area

designated by the Secretary of Health as

having a shortage of health care

professionals. [Immigration and

Nationality Act, as amended, section

214(k)(1) (8 U.S.C. 1184(k)(1).)

Upon the favorable recommendation

of the Director of USIA, the Attorney

General may grant the waiver and

change the medical graduate’s

nonimmigrant status from J–1 to H(i)(B).

If the international medical graduate

obtains a waiver under Public Law 103–

416 and thereafter fails to fulfill the

terms of his or her employment contract

with the health care facility named in

the waiver application, then he or she

becomes ineligible to apply for an

immigrant visa, permanent residence, or

any other change of nonimmigrant

status until the two-year foreign

residence requirement has been met.

[Immigration and Nationality Act,

section 214(k)(2) (A) and (B). Each State

is allotted no more than twenty such

waivers each fiscal year. The federal

fiscal year commences on October 1 and

ends the following September 30. The

term ‘‘State’’ includes the District of

Columbia, Puerto Rico, Guam and the

Virgin Islands of the United States.

The role of the United States

Information Agency under the recent

amendments to sections 212(e) and 214

of the Immigration and Nationality Act

is limited. Under the amendment to

section 212(e), the Commissioner of the

Immigration and Naturalization Service

will now look to the Director of USIA

for a recommendation on international

medical graduate waiver cases brought

‘‘pursuant to the request of a State

Department of Public Health, or its

equivalent.’’ Section 212(e) was also

amended by adding language that makes

it clear that waivers requested by a State

Department of Public Health, or its

equivalent, shall be subject to the

requirements of the new Section 214(k).

Under new Section 214(k)(1)(A), the

Attorney General will not grant the

waiver unless the country to which the

international medical graduate is

contractually obligated to return

furnishes the Director of USIA with a

statement in writing that it has no

objection to such waiver.

Reading amended Section 212(e) and

new section 214(k) together, the Agency

views its role in implementing the

statute as including the following: (1) It

is to be the recipient of State

Department of Public Health

applications for waivers for foreign

medical graduates who will practice

medicine in medically underserved

areas; (2) it is to be the recipient of ‘‘no

objection’’ letters from the country to

which the applicant is contractually

obligated to return; and (3) it is to

review the applications and no

objection letters, determine whether

they meet the requirements of the two

statutory sections, review the program,

policy, and foreign relations aspects of

the case, and make a recommendation to

the Commissioner of the Immigration

and Naturalization Service as to

whether the waiver should be granted.

Current regulations regarding requests

for waiver made by an interested United

States Government agency require the

requesting agency to determine that the

granting of the waiver would be in the

public interest. 22 C.F.R. 514.44(c). This

Agency then reviews the program,

policy, and foreign relations aspects of

the case and forwards its

recommendation to the Commissioner.

22 C.F.R. 514.44(c). The Agency intends

to follow the same practices with

respect to requests for waivers made

under the recently amended section

212(e) and the new section 214(k) of the

Immigration and Nationality Act.

With respect to the no-objection

letters, the Agency notes that the new

section 214(k)(1)(A) refers to ‘‘an alien

who is otherwise contractually obligated

to return to a foreign country * * *.’’

(emphasis added.) That phrase

‘‘otherwise contractually obligated’’ is

not defined in the statute and there is

no legislative history preceding the

enactment of the statute which would

indicate the specific intent of Congress

in using that terminology. However, the

Agency believes, based upon the intent

of Congress as gleaned from the

legislation as a whole, that the term

‘‘otherwise contractually obligated’’ was

not meant to have any special meaning,

but rather is to be given its ordinary

meaning, viz., an obligation arising out

of an agreement. Foreign medical

graduates are required by statute (Pub.

L. 97–116) and regulation (8 C.F.R.

214.2(j)(2); INS Form I–644) to certify

annually that, upon the completion or

termination of participation in their

medical education or training program,

they will return to their respective home

countries. The Agency deems that

certification to be an agreement or

contract that obligates the foreign

medical graduate to return to his or her

home country. Moreover, in almost all

cases involving foreign medical

graduates, the foreign medical graduate

has also given a written assurance to his

or her home government that he or she

will return to that country upon

completion of training in the United

States and will engage in the practice of

medicine in the area of specialization

for which training is being sought. In

the view of the Agency, such assurances

rise to the level of a contractual

obligation or agreement.

The amendment to Section 212(e)

refers to ‘‘a State Department of Public

Health, or its equivalent.’’ Since

enactment of the statute, the Agency has

received numerous requests for

information from a variety of agencies

within a given State. In order to avoid

confusion in the processing of waiver

applications and because of the

numerical limitations upon each State

set forth in the new statute, this

rulemaking provides that each State

designate one agency as its ‘‘Department

of Public Health, or equivalent’’ for

purposes of applying for waivers under

Public Law 103–416, and so notify USIA

of the name, address, and telephone

number of that agency, and the name of

the person or persons who are

authorized to sign the application for

waiver.

The No Objection Letter

Current regulations set forth the

procedure for obtaining ‘‘no objection’’

letters from the home country and the

manner in which such letters are to be

sent to the Agency. 22 C.F.R. 514.44(d).

With one exception, this rulemaking

provides for the same procedures to be

followed with respect to applications for

waivers under Public Law 103–416. In
Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations 16787

order to avoid confusion with other

applications for waivers based on no

objection from the home country

(hitherto unavailable to foreign medical

graduates), the no objection letter

submitted under Public Law 103–416

should note clearly that the request for

the no objection letter was made

pursuant to Public Law 103–416. The

Agency does not require that a no

objection letter be of or on a particular

form. The following or similar language

will suffice: ‘‘Pursuant to Public Law

103–416, the Government of llll

has no objection if (name and address of

foreign medical graduate) does not

return to llll to satisfy the two-year

foreign residency requirement of

Section 212(e) of the Immigration and

Nationality Act.’’

The Application Package

The application for waiver of the twoyear home country residence

requirement under the provisions of

Public Law 103–416 is to originate in

the designated State Department of

Public Health. USIA is not planning to

develop any new forms for such

application. However the application is

to include the following: (1) A letter

from the Director of the designated State

Department of Public Health which

identifies the foreign medical graduate

and states, if so determined, that it is in

the public interest that a waiver of the

two-year home residence requirement

be granted; (2) an employment contract

between the alien and the health care

facility, which includes the name and

address of the specific and a specific

geographic area or areas in which the

foreign medical graduate will practice

medicine. The employment contract

shall be valid for at least three years; (3)

evidence that the areas of employment

stipulated in the employment contract

are in geographic areas designated by

the Secretary of Health and Human

Services as having a shortage of health

care professionals; (4) a statement by the

foreign medical graduate agreeing to the

contractual requirements set forth in

Section 214(k)(1) (B) and (C) of the

Immigration and Nationality Act; (5)

copies of all forms IAP–66 issued to the

foreign medical graduate seeking the

waiver; (6) a completed data sheet,

copies of which will be made available

by the Agency to each State Department

of Public Health; and (7) because of the

numerical limitations on the approval of

waivers under Public Law 103–416 each

application from a State Department of

Public Health shall be numbered

sequentially. Should USIA not grant a

favorable recommendation on a given

application, the State Department of

Public Health will be so notified and

will be advised that the number may be

used on another application.

If a State Department of Public Health

files in excess of twenty applications at

one time, the Agency will give priority

to the first twenty sequentially

numbered applications.

Application Period Under Public Law

103–416

Section 220(c) of Public Law 103–416

states that ‘‘The amendments made by

this section shall apply to aliens

admitted to the United States under

section 101(a)(15)(J) of the Immigration

and Nationality Act, or acquiring such

status after admission to the United

States, before, on, or after the date of

enactment of this Act and before June 1,

1996.’’ The Agency believes that the

date of June 1, 1996 applies to the status

of the foreign medical graduate on that

date and not to the new waiver program

itself. In other words, if the foreign

medical graduate was admitted to the

United States on a J visa or acquired a

J visa prior to June 1, 1996 in order to

pursue graduate medical education or

training, he or she would be eligible to

apply for a waiver under the provisions

of Public Law 103–416 at any time in

the future.

Public Law 103–416 was enacted into

law on October 25, 1994. Since that

date, USIA’s Exchange Visitor Program

office has received in excess of 100

telephone calls and letters regarding the

implementation of the new law. One

State Department of Public Health

advised at the time of its telephone call

that it already had in hand some 400

applications for waiver sponsorship.

Therefore, it is imperative that the

Agency promulgate implementing

regulations as soon as possible. This

rulemaking is therefore being

promulgated as an Interim Final Rule,

effective on the date it is published in

the Federal Register. Written comments

on the Interim Final Rule will be

accepted during the thirty-day period

following publication of the Interim

Final Rule. At the conclusion of the

thirty-day comment period, the Agency

will review all comments and thereafter

promulgate a final rule incorporating

such revisions as are appropriate.

Regulatory Analysis and Notices

The Agency invites comments

regarding this interim final rule

notwithstanding the fact that it is under

no legal requirement to do so. The

oversight and administration of the

Exchange Visitor Program are deemed to

be foreign affairs functions of the United

States Government. The Administrative

Procedure Act, 5 U.S.C. 553(a)(1),

specifically exempts foreign affairs

functions from the rulemaking

requirements of the Act.

In accordance with 5 U.S.C. 605(b),

the Agency certifies that this rule does

not have a significant adverse economic

impact on a substantial number of small

entities. This rule is not considered to

be a major rule within the meaning of

section 1(b) of Executive Order 12291,

nor does this rule have Federalism

implications warranting the preparation

of a Federalism Assessment in

accordance with Executive Order 12612.

The information collection

requirements contained in this rule have

been presented to the Office of

Management and Budget for clearance

pursuant to the provisions of the

Paperwork Reduction Act.

List of Subjects in 22 CFR Part 514

Cultural exchange programs,

Reporting and recordkeeping

requirements.

Dated: March 27, 1995.

Les Jin,

General Counsel.

Accordingly, 22 CFR Part 514 is

amended as follows:

PART 514—[AMENDED]

1. The authority citation for Part 514

is revised to read as follows:

Authority: 8 U.S.C. 1101(a)(15)(J), 1182,

1184, 1258; 22 U.S.C. 1431–1442, 2451–2460;

Reorganization Plan No. 2 of 1977, 3 CFR,

1977 Comp. p. 200; E.O. 12048 of March 27,

1978, 3 CFR, 1978 Comp. p. 168.

Section 514.44 is amended as follows:

§ 514.44 [Amended]

2. In paragraph (a)(2), by inserting

‘‘(or in the case of an alien who is a

graduate of a medical school pursuing a

program in graduate medical education

or training, pursuant to the request of a

State Department of Public Health, or its

equivalent)’’ after ‘‘interested United

States Government agency’’; and

3. In paragraph (a)(2), by inserting

after the words ‘‘public interest’’ the

following: ‘‘except that in the case of a

waiver requested by a State Department

of Public Health, or its equivalent, the

waiver shall be subject to the

requirements of section 214(k) of the

Immigration and Nationality Act (8

U.S.C. 1184)’’; and

4. In paragraph (a)(3), by inserting the

following at the end of said paragraph:

‘‘Notwithstanding the foregoing, an

alien who is a graduate of a medical

school pursuing a program in medical

education or training may obtain a

waiver of such two-year foreign

residence requirements if said alien

meets the requirements of section 214(k)

of the Immigration and Nationality Act
16788 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

(8 U.S.C. 1184) and paragraphs (a) (2)

and (e) of this section’’; and

5. In paragraph (d)(3), by inserting the

word ‘‘solely’’ after the word ‘‘waiver’’,

and by inserting the following at the end

of said paragraph: ‘‘However, an alien

who is a graduate of a medical school

pursuing a program in medical

education or training may obtain a

waiver of such two-year foreign

residence requirements if said alien

meets the requirements of section 214(k)

of the Immigration and Nationality Act

(8 U.S.C. 1184) and paragraphs (a) (2)

and (e) of this section’’; and

6. By redesignating paragraphs (e), (f),

and (g) as (f), (g), and (h), respectively;

and

7. By inserting a new paragraph (e) as

follows:

§ 514.44 Two-year home-country physical

presence requirement.

* * * * *

(e) Requests for waiver from a State

Department of Public Health, or its

equivalent, on the basis of Public Law

103–416.

(1) Pursuant to Public Law 103–416,

in the case of an alien who is a graduate

of a medical school pursuing a program

in graduate medical education or

training, a request for a waiver of the

two-year home-country physical

presence requirement may be made by

a State Department of Public Health, or

its equivalent. Such waiver shall be

subject to the requirements of section

214(k) of the Immigration and

Nationality Act (8 U.S.C. 1184) and this

§ 514.44.

(2) With respect to such waiver under

Public Law 103–416, the Director of the

United States Information Agency is to

be furnished with a statement in writing

that the country to which such alien is

required to return has no objection to

such waiver. The no objection statement

shall be furnished to the Director in the

manner and form set forth in paragraph

(d) of this section and, additionally,

shall bear a notation that it is being

furnished pursuant to Public Law 103–

416.

(3) The State Department of Public

Health, or equivalent agency, shall

include in the waiver application the

following:

(A) A completed ‘‘Data Sheet.’’ Copies

of blank data sheets may be obtained

from the Agency’s Exchange Visitor

Program office.

(B) A letter from the Director of the

designated State Department of Public

Health, or its equivalent, which

identifies the foreign medical graduate

by name, country of nationality or last

residence, and date of birth, and states

that it is in the public interest that a

waiver of the two-year home residence

requirement be granted;

(C) An employment contract between

the foreign medical graduate and the

health care facility named in the waiver

application, to include the name and

address of the health care facility, and

the specific geographical area or areas in

which the foreign medical graduate will

practice medicine. The employment

contract shall include a statement by the

foreign medical graduate that he or she

agrees to meet the requirements set forth

in Section 214(k) of the Immigration and

Nationality Act. The employment

contract shall be valid for at least three

years and the geographical areas of

employment shall only be in areas,

within the respective state, designated

by the Secretary of Health and Human

Services as having a shortage of health

care professionals;

(D) Evidence establishing that the

geographic area or areas in the state in

which the foreign medical graduate will

practice medicine are areas which have

been designated by the Secretary of

Health and Human Services as having a

shortage of health care professionals.

(E) Copies of all forms IAP–66 issued

to the foreign medical graduate seeking

the waiver;

(F) A copy of the foreign medical

graduate’s curriculam vitae;

(G) A copy of the statement of no

objection from the foreign medical

graduate’s country of nationality or last

residence; and,

(H) Because of the numerical

limitations on the approval of waivers

under Public Law 103–416, i.e., no more

than twenty waivers for each State each

fiscal year, each application from a State

Department of Public Health, or its

equivalent, shall be numbered

sequentially, beginning on October 1 of

each year.

(4) The Agency’s Waiver Review

Branch shall review the program,

policy, and foreign relations aspects of

the case and forward its

recommendation to the Commissioner.

Except as set forth in § 514.44(g)(4)(i),

the recommendation of the Waiver

Review Branch shall constitute the

recommendation of the Agency.

* * * * *

8. In newly designated paragraph

(g)(4)(i), by inserting ‘‘(or, in the case of

an alien who is a graduate of a medical

school pursuing a program in graduate

medical education or training, pursuant

to the request of a State Department of

Public Health, or its equivalent)’’ after

‘‘interested United States Government

agencies.’’

[FR Doc. 95–7922 Filed 3–31–95; 8:45 am]

BILLING CODE 8230–01–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 938

[PA–111–FOR]

Pennsylvania Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule; approval of

amendment.

SUMMARY: OSM is approving, with

certain exceptions, a proposed

amendment to the Pennsylvania

permanent regulatory program

(hereinafter referred to as the

Pennsylvania program) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

amendment consists of changes to

Pennsylvania’s Small Operator

Assistance Program (SOAP) rules. The

amendment is intended to revise the

Pennsylvania SOAP program to be

consistent with section 507(c) of

SMCRA (Energy Policy Act of 1992) and

30 CFR part 795. The proposed

amendment would provide more

comprehensive assistance to SOAP

participants than currently allowed.

EFFECTIVE DATE: April 3, 1995.

FOR FURTHER INFORMATION CONTACT:

Mr. Robert J. Biggi, Director, Harrisburg

Field Office, Office of Surface Mining

Reclamation and Enforcement,

Harrisburg Transportation Center, Third

Floor, Suite 3C, 4th and Market Streets,

Harrisburg, Pennsylvania 17101,

Telephone (717) 782–4036.

SUPPLEMENTARY INFORMATION:

I. Background on the Pennsylvania Program.

II. Submission of the Amendment.

III. Director’s Findings.

IV. Summary and Disposition of Comments.

V. Director’s Decision.

VI. Procedural Determinations.

I. Background on the Pennsylvania

Program

On July 31, 1982, the Secretary of the

Interior conditionally approved the

Pennsylvania program. Background

information on the Pennsylvania

program including the Secretary’s

findings, the disposition of comments,

and a detailed explanation of the

conditions of approval of the

Pennsylvania program can be found in

the July 30, 1982, Federal Register (47

FR 33050). Subsequent actions

concerning the conditions of approval

and program amendments are identified

at 30 CFR 938.11, 938.12, 938.15, and

938.16.