This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

19001

Vol. 60, No. 72

Friday, April 14, 1995

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 1669–94]

RIN 1115–AD77

Waiver of Certain Types of Visas

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Proposed rule.

SUMMARY: This rule proposes to amend

the Immigration and Naturalization

Service (the Service) regulations which

permit district directors, in individual

cases, to waive nonimmigrant visa or

passport requirements under section

212(d)(4)(A) of the Immigration and

Nationality Act (the Act), if satisfied

that a nonimmigrant alien is unable to

present these documents because of an

unforeseen emergency. The rule will

clarify that carriers are liable for fines

imposed under section 273(a) of the Act

for bringing nonimmigrants to the

United States who do not have a valid

passport or nonimmigrant visa, or

border crossing identification card, even

if a waiver of these documents is

granted by the district director at the

time of admission into the United

States. This change is necessary to

conform the language of the regulations

with the statutory requirement that a

fine be imposed when a nonimmigrant

is transported to the United States

without the proper documentation.

DATES: Written comments must be

submitted on or before June 13, 1995.

ADDRESSES: Please submit written

comments, in triplicate, to the Director,

Policy Directives and Instructions

Branch, Immigration and Naturalization

Service, 425 I Street NW., Room 5307,

Washington, DC 20536. Please include

INS number 1669–94 on your

correspondence to ensure proper and

timely handling.

FOR FURTHER INFORMATION CONTACT:

Robert F. Hutnick, Assistant Chief

Inspector, Inspections Division,

Immigration and Naturalization Service,

425 I Street NW., room 7228,

Washington, DC 20536, telephone

number (202) 616–7499.

SUPPLEMENTARY INFORMATION: Section

212(d)(4)(A) of the Act allows the

Attorney General to waive the

requirement that a nonimmigrant alien

be in possession of a visa or passport if

he or she is unable to present the

necessary documents due to an

unforeseen emergency. Section 273(b) of

the Act imposes a fine upon a carrier for

bringing aliens into the United States

without proper documentation. The

wording of the current regulation at

§ 212.1(g) has the unintended effect of

relieving the carrier of fine liability if

the district director granted a waiver of

the nonimmigrant visa or passport

requirement. In Air BVI Ltd., Flight BL

410, (BIA Unpublished Decision No.

SAJ 10/50.670, August 26, 1992), the

Board of Immigration Appeals (the

Board) characterized the current

regulation as creating a ‘‘blanket’’

waiver because of language in the

regulation stating that ‘‘a visa * * * is

not required.’’ The Board bases its

decision on whether an alien’s

admission with a waiver relieves the

carrier of liability to find by interpreting

the regulations in effect at the time

involved. Matter of Plane ‘‘CUT–604’’, 7

I&N 701 (BIA 1958). If the regulation

creates a blanket waiver, by stating that

no visa is required, no fine liability is

incurred by the carrier. By contrast, a

regulation that provides an ‘‘individual’’

waiver, by requiring a visa and a

passport to be presented by a

nonimmigrant, but providing for a

waiver of this requirement, will not

relieve the carrier of fine liability.

The rule proposes to remove the

language, ‘‘A visa and a passport are not

required of a nonimmigrant * * *’’ and

clarifies that even when the district

director waives the documentary

requirements in the exercise of his or

her discretion, on a case-by-case basis,

and admits such a nonimmigrant to the

United States, such admission will not

eliminate the carrier’s fine liability for

bringing that alien to the United States

without proper documentation (Matter

of Plane ‘‘CUT–604’’). The fine

procedures at 8 CFR part 280 remain

applicable and require no change.

This rule further proposes to amend

§ 212.1(g) by removing the provision

regarding waivers of the visa

requirement granted pursuant to section

212(d)(4)(A) of the Act in the case of a

national or resident of Cuba. This action

is being taken because this provision is

obsolete.

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 significant economic impact on

a substantial number of small entities.

This rule merely removes any ambiguity

between the current regulations and

section 273 of the Act.

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 regulation proposed 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 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 will

not have an impact on family wellbeing.

Paperwork Reduction Act

The information collection

requirement contained in this rule has

been cleared by the Office of

Management and Budget under the

provisions of the Paperwork Reduction

Act. The OMB control number for this

collection is contained in 8 CFR 299.5,

Display of Control Numbers.
19002 Federal Register / Vol. 60, No. 72 / Friday, April 14, 1995 / Proposed Rules

List of Subjects in 8 CFR Part 212

Aliens, Documentation,

Nonimmigrant, Passport and visas,

Waivers.

Accordingly, part 212 of chapter I of

title 8 of the Code of Federal

Regulations is proposed to be amended

as follows:

PART 212—DOCUMENTARY

REQUIREMENTS: NONIMMIGRANTS;

WAIVERS; ADMISSION OF CERTAIN

INADMISSIBLE ALIENS; PAROLE

1. The authority citation for part 212

continues to read as follows:

Authority: 8 U.S.C. 1101, 1102, 1103, 1182,

1184, 1225, 1226, 1228, 1252; 8 CFR part 2.

2. In § 212.1, paragraph (g) is revised

to read as follows:

§ 212.1 Documentary requirements for

nonimmigrants.

* * * * *

(g) Unforeseen emergency. A

nonimmigrant seeking admission to the

United States must present an

unexpired visa, and passport valid for

the amount of time set forth in section

212(a)(7)(B) of the Act, or a valid border

crossing identification card at the time

of application for admission, unless the

nonimmigrant satisfies the requirements

described in paragraphs (a) through (f)

and (i) of this section. Upon a

nonimmigrant’s application on Form I–

193, a district director at a Port-of-Entry

may, in an exercise of his or her

discretion, on a case-by-case basis,

waive the documentary requirements, if

satisfied that the nonimmigrant cannot

present the required documents because

of an unforeseen emergency. The

district director or the deputy

Commissioner may at any time revoke a

waiver previously authorized pursuant

to this paragraph and notify the

nonimmigrant in writing to that effect.

* * * * *

Dated March 15, 1995.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 95–9272 Filed 4–13–95; 8:45 am]

BILLING CODE 4410–10–M

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 50

RIN 3150–AF20

Production and Utilization Facilities;

Emergency Planning and

Preparedness Exercise Requirements

AGENCY: Nuclear Regulatory

Commission.

ACTION: Proposed rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is proposing to

revise its emergency planning

regulations. The proposed rule would

amend the current regulations governing

domestic licensing of production and

utilization facilities, as necessary, to

facilitate greater flexibility in the

licensee’s emergency preparedness

training activities during the ‘‘off-year’’

for implementing the current

requirement for annual exercise of the

onsite emergency plan which is

conducted to evaluate major portions of

licensees’ emergency response

capabilities. The proposed amendment

would preserve the existing requirement

that each licensee, at each site, exercise

biennially with full participation by

States and local governments within the

plume exposure pathway emergency

planning zone (EPZ); would reduce

from annual to biennial the required

frequency of exercise of the licensee’s

onsite emergency plan (which may be

included in the biennial full

participation exercise); would require

licensees to ensure that adequate

emergency response capabilities are

maintained during the interval between

biennial exercises by conducting drills,

including at least one drill involving a

combination of some of the principal

functional areas of the licensee’s onsite

emergency response capabilities; and

would require licensees to continue

enabling State and local governments in

plume exposure pathway EPZs to

participate in exercises and in drills in

the interval between the biennial full

participation exercises. By undertaking

this rulemaking, the Commission would

grant, in part, a petition for rulemaking

submitted by Virginia Electric Power

Company on December 9, 1992.

DATES: The comment period expires July

13, 1995. Comments received after this

date will be considered if practical to do

so, but only those comments received

on or before this date can be assured of

consideration.

ADDRESSES: Comments may be sent to:

Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555.

Attn: Docketing and Service Branch.

Hand deliver comments to 11545

Rockville Pike, Maryland, between 7:45

a.m. and 4:15 p.m. on Federal workdays.

Copies of comments received may be

examined at the Commission’s Public

Document Room at 2120 L Street NW

(Lower Level), Washington, DC.

Comments may be submitted

electronically, in either ASCII text or

WordPerfect format (version 5.1 or

later), by calling the NRC Electronic

Bulletin Board (BBS) on FedWorld. The

bulletin board may be accessed using a

personal computer, a modem, and one

of the commonly available

communications software packages, or

directly via Internet. Background

documents on the rulemaking are also

available, as practical, for downloading

and viewing on the bulletin board.

If using a personal computer and

modem, the NRC rulemaking subsystem

on FedWorld can be accessed directly

by dialing the toll free number (800)

303–9672. Communication software

parameters should be set as follows:

parity to none, data bits to 8, and stop

bits to 1 (N,8,1). Using ANSI or VT–100

terminal emulation, the NRC

rulemaking subsystem can then be

accessed by selecting the ‘‘Rules Menu’’

option from the ‘‘NRC Main Menu.’’

Users will find the ‘‘FedWorld Online

User’s Guides’’ particularly helpful.

Many NRC subsystems and data bases

also have a ‘‘Help/Information Center’’

option that is tailored to the particular

subsystem.

The NRC subsystem on FedWorld can

also be accessed by a direct dial phone

number for the main FedWorld BBS,

(703) 321–3339, or by using Telnet via

Internet: fedworld.gov. If using (703)

321–3339 to contact FedWorld, the NRC

subsystem will be accessed from the

main FedWorld menu by selecting the

‘‘Regulatory, Government

Administration and State Systems,’’

then selecting ‘‘Regulatory Information

Mall.’’ At that point, a menu will be

displayed that has an option ‘‘U.S.

Nuclear Regulatory Commission’’ that

will take you to the NRC Online main

menu. The NRC Online area also can be

accessed directly by typing ‘‘/go nrc’’ at

a FedWorld command line. If you access

NRC from FedWorld’s main menu, you

may return to FedWorld by selecting the

‘‘Return to FedWorld’’ option from the

NRC Online Main Menu. However, if

you access NRC at FedWorld by using

NRC’s toll-free number, you will have

full access to all NRC systems, but you

will not have access to the main

FedWorld system.

If you contact FedWorld using Telnet,

you will see the NRC area and menus,

including the Rules Menu. Although

you will be able to download

documents and leave messages, you will

not be able to write comments or upload

files (comments). If you contact

FedWorld using FTP, all files can be

accessed and downloaded but uploads

are not allowed; all you will see is a list

of files without descriptions (normal

Gopher look). An index file listing all

files within a subdirectory, with

descriptions, is available. There is a 15-

minute time limit for FTP access.