Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Proposed Rules 29327

1The total number of carrier violations of section

273 of the Act for a fiscal year is determined by

taking the total number of violations minus

violations for the transportation of improperly

documented lawful permanent residents and

rejected cases. Rejected cases include those cases

where the INS has determined that either: (1) No

fine occurred; or, (2) sufficient evidence was not

submitted to support the imposition of a fine.

4.3 To the extent possible, INS and State

Department Consular officials will consult,

support, and assist the Carrier’s efforts to

screen passengers prior to boarding.

4.4 The INS shall determine each

Carrier’s Performance Level (PL) based on

statistical analysis of the Carrier’s

performance, as a means of evaluating

whether the Carrier has successfully screened

all of its passengers in accordance with 8

CFR 273.3 and this MOU. The PL is

determined by taking the number of each

Carrier’s violations of section 273 of the Act

for a fiscal year 1 and dividing this by the

number of documented nonimmigrants (i.e.,

those nonimmigrants that submit an Arrival/

Departure Record, Form I–94, I–94T, or I–

94W) transported by the Carrier and

multiplying the result by 1000.

4.5 The INS shall establish an Acceptable

Performance Level (APL), based on statistical

analysis of the performance of all carriers, as

a means of evaluating whether the Carrier has

successfully screened all of its passengers in

accordance with 8 CFR 273.3 and this MOU.

The APL shall be determined by taking the

total number of all carrier violations of

section 273 of the Act for a fiscal year 1 and

dividing this by the total number of

documented nonimmigrants (i.e., those

nonimmigrants that submit an Arrival/

Departure Record, Form I–94, I–94T, or I–

94W) transported by all carriers for a fiscal

year and multiplying the result by 1000.

4.6 The INS shall establish a Second

Acceptable Performance Level (APL2), based

on statistical analysis of the performance of

all carriers at or better than the APL, as a

means of further evaluating carrier success in

screening its passengers in accordance with

8 CFR 273.3 and this MOU. Using carrier

statistics for only those carriers which are at

or better than the APL, the APL2 shall be

determined by taking the total number of

these carrier violations of section 273 of the

Act for a fiscal year 1 and dividing by the

total number of documented nonimmigrants

(i.e., those nonimmigrants that submit an

Arrival/Departure Record, Form I–94, I–94T,

or I–94W) transported by these carriers and

multiplying the result by 1000.

4.7 The PL, APL, and APL2 may be

recalculated periodically as deemed

necessary, based on Carrier performance

during the previous period(s).

4.8 Carriers whose PL is at or better than

the APL are eligible to receive an automatic

25 percent reduction, if signatory to and in

compliance with this MOU, on fines imposed

under section 273 of the Act for periods

determined by the INS.

4.9 Carriers whose PL is at or better than

the APL2 are eligible to receive an automatic

50 percent reduction, if signatory to and in

compliance with this MOU, on fines imposed

under section 273 of the Act for periods

determined by the INS.

4.10 If the Carrier’s PL is not at or better

than the APL, the Carrier may receive an

automatic 25 percent reduction in fines, if it

meets certain conditions, including being

signatory to and in compliance with the

MOU and the carrier submits evidence that

it has taken extensive measures to prevent

the transport of improperly documented

passengers to the United States. This

evidence shall be submitted to the Assistant

Commissioner for Inspections for

consideration. Evidence may include, but is

not limited to, the following: (1) Information

regarding the Carrier’s training program,

including participation of the Carrier’s

personnel in any INS, DOS, or other training

programs and the number of employees

trained; (2) information regarding the date

and number of improperly documented

aliens intercepted by the Carrier at the port(s)

of embarkation, including, but not limited to,

the aliens’ name, date of birth, passport

nationality, passport number or other travel

document information, and reason boarding

was refused; and (3) other evidence,

including screening procedure

enhancements, technological or otherwise, to

demonstrate the Carriers good faith efforts to

properly screen passengers destined to the

United States.

4.11 The Carrier may defend against

imposition or seek further reduction of an

administrative fine if the case is timely

defended pursuant to 8 CFR part 280, in

response to the Form I–79, Notice of Intent

to Fine. The Carrier must establish that

extenuating circumstances existed at the time

of the violation in order to receive any

further reduction in fine penalties.

4.12 Nothing in this MOU precludes a

carrier from seeking reduction under 8 CFR

273.4.

lllllllllllllllllllll

(Representative’s Signature)

lllllllllllllllllllll

(Title)

lllllllllllllllllllll

(Carrier Name)

Dated: lllllllllllllllll

lllllllllllllllllllll

Assistant Commissioner, Office of

Inspections, United States Immigration and

Naturalization Service

Dated: lllllllllllllllll

[FR Doc. 96–14470 Filed 6–7–96; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 161

RIN 1076–AC81

Navajo Partitioned Land Grazing

Regulations

AGENCY: Bureau of Indian Affairs,

Department of the Interior.

ACTION: Proposed Rule; reopening of

comment period and additional request

for comments.

SUMMARY: The comment period on the

Department’s proposed rule to 25 C.F.R.

to govern the grazing of livestock on the

Navajo Partitioned Land (NPL) of the

Navajo-Hopi Former Joint Use Area

(FJUA) of the 1882 Executive Order

reservation is reopened to provide

additional opportunity for public

comment. Comments on this issue will

be considered along with comments on

the proposed rule published in the

Federal Register on November 1, 1995.

DATES: Comments on these proposed

rules must be submitted September 9,

1996.

ADDRESSES: Send comments to Bureau

of Indian Affairs, Division of Water and

Land Resources, Mail Stop: 4559–MIB,

1849 C Street, NW., Washington, DC

20240, or telephone number (202) 208–

4004.

FOR FURTHER INFORMATION CONTACT:

Robert Curley, (602) 871–5151, Ext.

5105, at the Navajo Area Office in

Window Rock, Arizona.

SUPPLEMENTARY INFORMATION: The

proposed rule was originally published

in the Federal Register November 1,

1995 (60 FR 55507). The original

comment period ended on January 2,

1996. Since the opening of the comment

period considerable input has been

received from the Navajo and Hopi

Tribes. Due to the remoteness of the

location and the inclement weather a

large number of Tribal members have

not been able to include their written

comments. The reopening of this

comment period for a period of 90 days

will allow for maximum input from the

public.

Dated: April 8, 1996.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 96–14549 Filed 6–7–96; 8:45 am]

BILLING CODE 4310–02–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Public Health Service

42 CFR Part 72

RIN 0905–AE70

Additional Requirements for Facilities

Transferring or Receiving Select

Infectious Agents

AGENCY: Centers for Disease Control and

Prevention (CDC), Public Health Service

(PHS), Department of Health and

Human Services (HHS).

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule is being

promulgated in accordance with Section