16782 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

95–07–03 AlliedSignal Aerospace:

Amendment 39–9182. Docket 94–ANE–

17.

Applicability: AlliedSignal Aerospace

(formerly Garrett Auxiliary Power Division

and Garrett Turbine Engine Co.) GTCP85

series auxiliary power units (APU’s) with

model numbers listed in AlliedSignal

Aerospace Service Bulletin (SB) No.

GTCP85–49–6919, Revision 1, dated January

15, 1995, except those APU’s installed on

Boeing 737 and British Aerospace BAC 1–11

series aircraft; and Alert Service Bulletin

(ASB) No. GTCP85–49–A6831, Revision 1,

dated January 15, 1995, having a one-piece

cast turbine rotor with part numbers (P/N)

3842072–1, -2, -3, and P/N 3604604–1, -2, -3,

P/N 3606982–1, and P/N 96895–1 through -8.

These APU’s are installed on but not limited

to Boeing 707 series and 727 series aircraft;

Lockheed L382 series aircraft; and

McDonnell Douglas DC–8–70 series and DC–

9/MD–80 series aircraft.

Compliance: Required as indicated, unless

accomplished previously.

To prevent an axially uncontained APU

failure and damage to the aircraft,

accomplish the following:

(a) For flight-operable APU’s, within 24

months after the effective date of this

airworthiness directive (AD), install an

exhaust centerbody in accordance with

AlliedSignal Aerospace ASB No. GTCP85–

49–A6831, Revision 1, dated January 15,

1995, or ASB No. GTCP85–49–A6831, dated

March 17, 1994; or SB No. GTCP85–49–6919,

Revision 1, dated January 15, 1995, or SB No.

GTCP85–49–6919, dated May 17, 1994, as

applicable.

(b) For APU’s that are ground-operable

only, within 36 months after the effective

date of this AD, install an exhaust centerbody

in accordance with AlliedSignal Aerospace

SB No. GTCP85–49–6919, Revision 1, dated

January 15, 1995, or SB No. GTCP85–49–

6919, dated May 17, 1994.

(c) No action is required if the APU is

installed on a Boeing 737 or British

Aerospace BAC 1–11 series aircraft until the

APU is removed and installed on a different

type aircraft.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Los

Angeles Aircraft Certification Office. The

request should be forwarded through an

appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Los Angeles Aircraft

Certification Office.

Note: Information concerning the existence

of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Los Angeles

Aircraft Certification Office.

(e) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the aircraft to

a location where the requirements of this AD

can be accomplished.

(f) The installation of the exhaust center

body shall be done in accordance with the

following service documents:

Document No. Pages Revision Date

ASB No. GTCP85–49–A6831

Revision Transmittal Sheet ......................................................................................................... 1 1 ................. January 15, 1995.

1 1 ................. January 15, 1995.

2–5 Original ....... May 17, 1994.

6 1 ................. January 15, 1995.

7–8 Original ....... May 17, 1994.

9–10 1 ................. January 15, 1995.

Total pages: 11.

SB No. GTCP85–49–6919 ............................................................................................................. 1 1 ................. January 15, 1995.

2 Original ....... May 17, 1994.

3 1 ................. January 15, 1995.

4 Original ....... May 17, 1994.

5 1 ................. January 15, 1995.

6 Original ....... May 17, 1994.

7–10 1 ................. January 15, 1995.

Total Pages: 10.

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 Aerospace Services, P.O.

Box 52170, Phoenix, AZ 85072–2170, Attn:

Dept. 65–71, Mailstop 1802–AA. 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.

(g) This amendment becomes effective on

May 3, 1995.

Issued in Burlington, Massachusetts, on

March 23, 1995.

James C. Jones,

Acting Manager, Engine and Propeller

Directorate, Aircraft Certification Service.

[FR Doc. 95–7682 Filed 3–31–95; 8:45 am]

BILLING CODE 4910–13–P

14 CFR Part 39

[Docket No. 94–ANE–46; Amendment 39–

9178; AD 94–26–07]

Airworthiness Directives; AlliedSignal

Inc. TPE331 Series Turboprop Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule, request for

comments.

SUMMARY: This document publishes in

the Federal Register an amendment

adopting Airworthiness Directive (AD)

94–26–07 that was sent previously to all

known U.S. owners and operators of

AlliedSignal Inc. TPE331 series

turboprop engines by individual letters.

This AD requires an amendment to the

Emergency Procedures section of the

applicable FAA Approved Airplane

Flight Manual (AFM) for each

applicable engine installation in an

aircraft, and initial and repetitive

dimensional inspections of the fuel

control drive shaft splines for wear, or

replacing the affected fuel controls with
Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations 16783

alternate fuel controls. This amendment

is prompted by reports of excessive

wear of the internal fuel control drive

splines in fuel controls, which can

result in loss of fuel control governor

drive. The actions specified by this AD

are intended to prevent an uncontained

engine failure, damage to the aircraft, or

loss of aircraft control.

DATES: 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 on

December 13, 1994, which contained

the requirements of this amendment.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of April 18,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

June 2, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), New England

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket No.

94–ANE–46, 12 New England Executive

Park, Burlington, MA 01803–5299.

The applicable service information

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. This

information may be examined 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.

FOR FURTHER INFORMATION CONTACT:

Joseph Costa, Aerospace Engineer, Los

Angeles Aircraft Certification Office,

FAA, Transport Airplane Directorate,

3960 Paramount Blvd., Lakewood, CA

90712–4137; telephone (310) 627–5246;

fax (310) 627–5210.

SUPPLEMENTARY INFORMATION: On

December 13, 1994, the Federal

Aviation Administration (FAA) issued

priority letter airworthiness directive

(AD) 94–26–07, applicable to certain

AlliedSignal Inc. TPE331 series

turboprop engines, which requires an

amendment to the Emergency

Procedures section of the applicable

FAA Approved Airplane Flight Manual

(AFM) for each applicable engine

installation in an aircraft, and initial

and repetitive dimensional inspections

of the fuel control drive shaft splines for

wear, or replacing the affected fuel

controls with alternate fuel controls.

That action was prompted by reports of

excessive wear of the internal fuel

control drive splines in fuel controls,

Part Numbers (P/N) 897770–1 through

–8, and 897780–1 through –11. In two

instances the spline wear resulted in

loss of fuel control governor drive. If

this occurs, the underspeed fuel

governor increases fuel flow, while the

overspeed governor is inoperative and

cannot limit engine speed.

The FAA has determined that the

most serious consequence of a loss of

fuel control governor drive is during

reverse thrust when the engine

suddenly develops uncommanded

forward thrust causing an asymmetric

thrust condition on a twin-engine

aircraft. Another serious consequence of

a loss of fuel control governor drive is

during engine start when rapid engine

acceleration beyond normal idle speed

could result in rotor speed sufficient to

cause an uncontained turbine

separation. During flight, when the

propeller is in propeller-governing

mode, the result will be uncommanded

increased engine torque and turbine

temperature. These conditions, if not

corrected, could result in an

uncontained engine failure, damage to

the aircraft, or loss of aircraft control.

The FAA has reviewed and approved

the technical contents of the following

service bulletins (SB): AlliedSignal Inc.

Alert SB No. TPE331–A73–0221,

Revision 2, dated October 10, 1994,

applicable to model TPE331–11U

engines, that describes procedures for

dimensionally inspecting fuel control

drive shaft splines; AlliedSignal Inc. SB

No. TPE331–73–0224, dated August 17,

1994, and Revision 1, dated September

8, 1994, applicable to model TPE331–

11U engines, that describe procedures

for replacing affected fuel controls with

alternate fuel controls; AlliedSignal Inc.

Alert SB No. TPE331–A73–0226, dated

October 10, 1994, applicable to certain

TPE331–3, -5, -6, -10, and -12 series

engines, that describe procedures for

dimensionally inspecting fuel control

drive shaft splines; and AlliedSignal

Inc. SB No. TPE331–73–0228, dated

September 16, 1994, applicable to

certain TPE331–3, -5, -6, -10, and -12

series engines TPE331 engines, that

describe procedures for replacing

affected fuel controls with alternate fuel

controls.

Since the unsafe condition described

is likely to exist or develop on other

engines of the same type design, the

FAA issued priority letter AD 94–26–07

to prevent an uncontained engine

failure, damage to the aircraft, or loss of

aircraft control. The AD requires an

amendment to the Emergency

Procedures section of the applicable

FAA AFM for each applicable engine

installation in an aircraft. This

amendment to the applicable AFM

describes conditions inflight, during

ground start, and during reverse thrust

operation that might indicate loss of fuel

control governor drive, and provides

required procedures for engine

shutdown. These AFM changes have

been coordinated with the FAA

Directorate responsible for the

certification of the aircraft involved.

In addition, this AD requires either

initial and repetitive dimensional

inspections of the fuel control drive

shaft splines for wear, or replacing the

affected fuel controls with alternate fuel

controls. Replacement with the alternate

fuel controls constitutes terminating

action to the repetitive inspections. The

actions are required to be accomplished

in accordance with the service bulletins

described previously.

Since it was found that immediate

corrective action was required, notice

and opportunity for prior public

comment thereon were impracticable

and contrary to the public interest, and

good cause existed to make the AD

effective immediately by individual

letters issued on December 13, 1994, to

all known U.S. owners and operators of

AlliedSignal Inc. TPE331 series

turboprop engines. These conditions

still exist, and the AD is hereby

published in the Federal Register as an

amendment to Section 39.13 of part 39

of the Federal Aviation Regulations (14

CFR part 39) to make it effective to all

persons.

Comments Invited

Although this action is in the form of

a final rule that involves requirements

affecting flight safety and, thus, was not

preceded by notice and an opportunity

for public comment, comments are

invited on this rule. Interested persons

are invited to comment on this rule by

submitting such written data, views, or

arguments as they may desire.

Communications should identify the

Rules Docket number and be submitted

in triplicate to the address specified

under the caption ADDRESSES. All

communications received on or before

the closing date for comments will be

considered, and this rule may be

amended in light of the comments

received. Factual information that

supports the commenter’s ideas and

suggestions is extremely helpful in

evaluating the effectiveness of the AD

action and determining whether

additional rulemaking action would be

needed.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the rule that might suggest a need to

modify the rule. All comments
16784 Federal Register / Vol. 60, No. 63 / Monday, April 3, 1995 / Rules and Regulations

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report that

summarizes each FAA-public contact

concerned with the substance of this AD

will be filed in the Rules Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 94–ANE–46.’’ The

postcard will be date stamped and

returned to the commenter.

The regulations adopted herein 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 Executive Order 12612,

it is determined that this final rule does

not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

The FAA has determined that this

regulation is an emergency regulation

that must be issued immediately to

correct an unsafe condition in aircraft,

and is not a ‘‘significant regulatory

action’’ under Executive Order 12866. It

has been determined further that this

action involves an emergency regulation

under DOT Regulatory Policies and

Procedures (44 FR 11034, February 26,

1979). If it is determined that this

emergency regulation otherwise would

be significant under DOT Regulatory

Policies and Procedures, a final

regulatory evaluation will be prepared

and placed in the Rules Docket. A copy

of it, if filed, may be obtained from the

Rules Docket at the location provided

under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

Air transportation, Aircraft, Aviation

safety, Incorporation by reference,

Safety.

Adoption of the Amendment

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration amends part 39 of the

Federal Aviation Regulations (14 CFR

part 39) as follows:

PART 39—AIRWORTHINESS

DIRECTIVES

1. The authority citation for part 39

continues to read as follows:

Authority: 49 U.S.C. App. 1354(a), 1421

and 1423; 49 U.S.C. 106(g); and 14 CFR

11.89.

§ 39.13 [Amended]

2. Section 39.13 is amended by

adding the following new airworthiness

directive:

94–26–07 AlliedSignal Inc.: Amendment

39–9178. Docket 94–ANE–46.

Applicability: AlliedSignal Inc. Models

TPE331–3, –5, –6, –10, –11U, and –12 series

turboprop engines with fuel control assembly

Part Numbers (P/N) 897770–1 through

897770–8 and 897780–1 through 897780–11

installed in accordance with AlliedSignal

Inc. Service Bulletin (SB) No. TPE331–73–

0217, dated July 9, 1993. These engines are

installed on but not limited to Mitsubishi

MU–2B series (MU–2 series) Solitaire/

Marquise, Construcciones Aeronauticas, S.A.

C–212 series, British Aerospace (BAe)

Jetstream 3101 and 3201 (31 and 32) series,

Fairchild SA226 and SA227 series

(Swearingen Merlin and Metro series), Twin

Commander Models 680, 690, 695 (Jetprop

Commander), Short Brothers and Harland,

Ltd. SC7 (Skyvan), Dornier 228 series, Beech

Model B–100 series aircraft, and Ayres S–2R

series aircraft.

Compliance: Required as indicated, unless

accomplished previously.

To prevent failure of the fuel control

governor drive from excessive wear of the

internal fuel control drive splines, which can

result in loss of aircraft control, accomplish

the following:

(a) Amend the applicable FAA Approved

Airplane Flight Manual (AFM) to provide

interim emergency procedures to flight

crews, within 20 calendar days after the

effective date of airworthiness directive (AD),

by adding the following to the Emergency

Procedures section. This may be

accomplished by inserting a copy of this AD

into the AFM:

‘‘Inflight: in the event of an uncommanded

engine torque and turbine temperature

increase, or if engine power fails to respond

when the power level is retarded, shut down

the affected engine as soon as possible

consistent with the safe operation of the

aircraft.

Warning: be aware that the affected engine

with a failed fuel control governor drive will

typically exhibit an increase in power, and if

the accepted ‘‘dead foot—dead engine’’ logic

is employed, the wrong engine could be shut

down because the malfunction will result in

an increase in forward thrust from the

affected engine. Use caution and monitor

cockpit engine indications to aid in

identifying the failure mode and the

malfunctioning engine.

During Ground Start: if an engine exhibits

rapidly increasing RPM above idle values,

immediately terminate the start.

If an engine has been shutdown inflight as

a result of exhibiting an uncontrolled

increase in torque and turbine temperature,

do not attempt a ground start until the fuel

control is inspected in accordance with the

applicable service bulletin.

During Reverse Operation: if an engine

suddenly develops forward thrust,

immediately terminate reverse thrust. If

necessary, shutdown both engines in order to

maintain directional control.’’

(b) For AlliedSignal Model TPE331–11U

engines:

(1) Conduct initial and repetitive

dimensional inspections of the fuel control

drive shaft splines for wear in accordance

with the compliance times and procedures

described in AlliedSignal Alert Service

Bulletin (SB) No. TPE331–A73–0221,

Revision 2, dated October 10, 1994. The

initial inspection compliance times start

upon the effective date of this priority letter

AD.

(2) Prior to further flight replace with a

serviceable part those fuel controls with

drive shaft splines that do not meet the

return to service criteria specified in

AlliedSignal Alert SB No. TPE331–A73–

0221, Revision 2, dated October 10, 1994.

(3) Replacement of fuel controls in

accordance with the procedures described in

AlliedSignal SB No. TPE331–73–0224, dated

August 17, 1994, or Revision 1 of that SB,

dated September 8, 1994, with alternate fuel

controls constitutes terminating action to the

AFM amendment specified in paragraph (a)

of this AD, and the inspections specified in

paragraph (b)(1) of this AD.

(c) For AlliedSignal TPE331–3, –5, –6, –10,

and –12 series engines:

(1) Conduct initial and repetitive

dimensional inspections of the fuel control

drive shaft splines for wear in accordance

with the compliance times and procedures

described in AlliedSignal Inc. Alert SB No.

TPE331–A73–0226, dated October 10, 1994.

The initial inspection compliance times

become effective upon the effective date of

this AD.

(2) Prior to further flight replace with a

serviceable part those fuel controls with

drive shaft splines that do not meet the

return to service criteria specified in

AlliedSignal Inc. Alert SB No. TPE331–A73–

0226, dated October 10, 1994.

(3) Replacement of fuel controls in

accordance with the procedures described in

AlliedSignal Inc. SB No. TPE331–73–0228,

dated September 16, 1994, with alternate fuel

controls constitutes terminating action to the

AFM amendment specified in paragraph (a)

of this AD, and the inspections specified in

paragraph (c)(1) of this AD.

(d) For the purpose of this AD, specific

driveshaft operating hours as referenced in

AlliedSignal Alert SB No. TPE331–A73–

0221, Revision 2, dated October 10, 1994,

and AlliedSignal Inc. Alert SB No. TPE331–

A73–0226, dated October 10, 1994, may be

calculated using fuel control time tracking

based on engine operating hours.

(e) An alternative method of compliance or

adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Los

Angeles Aircraft Certification Office. The

request should be forwarded through an

appropriate FAA Maintenance Inspector,

who may add comments and then send it to

the Manager, Los Angeles Aircraft

Certification Office.

Note: Information concerning the existence

of approved alternative methods of

compliance with this airworthiness directive,

if any, may be obtained from the Los Angeles

Aircraft Certification Office.

(f) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR
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