29284 Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations

Authority: 5 U.S.C. 551 et seq., 49 U.S.C.

40101 et seq.

2. Section 302.3 is amended by

revising paragraphs (b) and (c) and

adding paragraph (f) to read as follows:

§ 302.3 Filing of documents.

* * * * *

(b) Formal specifications of

documents.

(1) Documents filed under this part

must be on white paper not larger than

81⁄2 by 11 inches, including any tables,

charts and other documents that may be

included. Ink must be dark enough (but

may not be green) to provide substantial

contrast for scanning and photographic

reproduction. Text must be doublespaced (except for footnotes and long

quotations, which may be singlespaced), using type not smaller than 12

point. The left margin must be at least

11⁄2 inches; all other margins must be at

least 1 inch. The title page and first page

must bear a clear date and all

subsequent pages must bear a page

number and abbreviated heading. In

order to facilitate automated processing

in document sheet feeders, documents

of more than one page should be held

together with removable metal clips or

similar retainers. Original documents

may not be bound in any form or

include tabs, except in cases assigned by

order to an Administrative Law Judge

for hearing, in which case the filing

requirements will be set by order.

Section 302.31 contains additional

requirements as to the contents and

style of briefs.

(2) To facilitate indexing, a filer

should include in or provide with each

document: the docket title and subject;

the relevant operating administration

before which the application or request

is filed; the identity of the filer; the title

of the specific action being requested;

and the name and address of the

designated agent, and so identified, on

file for official service. The Docket

Management Facility has an Expedited

Processing Sheet that filers can use to

assist in this index input.

(3) * * *

(c) Number of copies. Unless

otherwise specified, an executed

original, along with the number of true

copies set forth below for each type of

proceeding, must be filed with the

Docket Management Facility. The copies

filed need not be signed, but the name

of the person signing the original

document, as distinguished from the

firm or organization he or she

represents, must also be typed or

printed on all copies below the space

provided for the signature.

Airport Fees.........................................9 copies

Agreements

International Air Transport

Association (IATA) .......................6 copies

Other (under 49 USC 41309).............9 copies

Complaints

Enforcement ......................................5 copies

Mail Contracts ...................................4 copies

Rates, Fares and Charges in Foreign

Air Transportation ........................6 copies

Unfair Practices in Foreign Air

Transportation (49 USC 41310)....7 copies

Employee Protection Program (14

CFR 314) ........................................7 copies

Exemptions

Computer Reservation Systems (14

CFR 255) ........................................8 copies

Other (under 49 USC 40109).............7 copies

Tariffs (under 49 U.S.C. Chapter 415

or 14 CFR 221)...............................5 copies

Foreign Air Carrier Permits/

Exemptions....................................7 copies

International Authority for U.S. Air

Carriers (certificates, exemptions,

allocation of limited frequencies or

charters).........................................7 copies

Mail Rate Proceedings.......................4 copies

Name Change/Trade Name

Registrations..................................4 copies

Suspension of Service (14 CFR 323)

....................................................... 4 copies

Tariff Justifications to exceed

Standard International Fare Levels

....................................................... 6 copies

U.S. Air Carrier Certificates (involving

Initial or Continuing Fitness) .......6 copies

Other matters.......................................3 copies

Filers are encouraged to submit one of

the required true copies (except for

counterparts of Agreement CAB 18900)

in electronic form on a 31⁄2 inch floppy

disk, labeled to show the filer’s and

representative’s names, the docket

number (if known) or space for it, and

document title. The electronic

submission must be in one of the

following formats: Microsoft Word (or

RTF), WordPerfect, Excel, Lotus 123, or

ASCII text. The disk must be

accompanied by a signed certification

that it is a true copy of the executed

original document.

* * * * *

(e) Reserved.

(f) Official docket copy. With respect

to all documents filed under this part

that are scanned, the electronic scanned

record produced by the Department

shall thereafter be the official docket

copy of the document and any

subsequent copies generated by the

Department’s electronic records system

will be usable for admission as record

copies in any proceeding before the

Department.

Issued in Washington, DC, on 31 May,

1996, under the authority of 49 CFR part 1.

Charles A. Hunnicutt,

Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 96–14614 Filed 6–7–96; 8:45 am]

BILLING CODE 4910–62–P

14 CFR Part 373

RIN 2105–AC52

Implementation of the Equal Access to

Justice Act

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule: removal.

SUMMARY: This action removes a

regulation concerning payment of

attorneys fees under the Equal Access to

Justice Act that was adopted by the

now-defunct Civil Aeronautics Board.

These procedures are covered by a

Department-wide regulation. This action

is taken in response to the President’s

Regulatory Reinvention Initiative in

order to remove a duplicative and

outdated rule.

EFFECTIVE DATE: July 10, 1996.

FOR FURTHER INFORMATION CONTACT:

Alexander J. Millard, Office of the

General Counsel, Room 4102, U.S.

Department of Transportation, 400

Seventh Street, SW., Washington, DC

20590, or by telephone at (202) 366–

9285.

SUPPLEMENTARY INFORMATION: 14 CFR

Part 373, Implementation of the Equal

Access to Justice Act, was promulgated

by the now-defunct Civil Aeronautics

Board in 1982 (47 FR 16007, April 14,

1982). The Civil Aeronautics Board

issued this regulation to provide for the

award of attorney fees and other

expenses to eligible individuals and

entities that were parties to certain

administrative proceedings before that

agency. On January 1, 1985, however,

the Civil Aeronautics Board was

sunsetted and its remaining statutory

authority was transferred to the

Department of Transportation. See Civil

Aeronautics Board Sunset Act of 1984,

Public Law 98–443, 98 Stat. 1703. The

Department of Transportation has a

nearly identical regulation governing

the award of these fees and expenses.

This regulation is codified at 49 CFR

Part 6. Consequently, there is no need

to retain the Civil Aeronautics Board’s

duplicative regulation and it is being

removed.

The Department finds notice and

comment unnecessary and contrary to

the public interest because the rule is

merely removing an obsolete procedural

regulation in favor of the Departmental

rule. This final rule is considered to be

a nonsignificant rulemaking under

DOT’s regulatory policies and

procedures, 44 FR 11034. The final rule

was not subject to review by the Office

of Information and Regulatory Affairs

pursuant to Executive Order 12866. The

rule will have no economic impact, and

accordingly no regulatory evaluation
Federal Register / Vol. 61, No. 112 / Monday, June 10, 1996 / Rules and Regulations 29285

has been prepared. The final rule has

been analyzed in accordance with the

principles and criteria contained in

Executive Order 12612, and it has been

determined that it does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment. The rule has also been

reviewed under the Regulatory

Flexibility Act. I certify that this rule

would not have a significant economic

impact on a substantial number of small

entities under the meaning of the

Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 373

Claims, Equal access to justice,

Lawyers.

For the reasons set forth above, the

Department of Transportation is taking

the following action:

1. The authority citation for Part 373

is:

Authority: 5 U.S.C. 504.

PART 373—[REMOVED]

2. Part 373 is removed.

Issued this 31st day of May 1996 at

Washington, DC.

Charles A. Hunnicutt,

Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 96–14615 Filed 6–7–96; 8:45 am]

BILLING CODE 4910–62–P

UNITED STATES INFORMATION

AGENCY

22 CFR Part 514

Exchange Visitor Program

AGENCY: United States Information

Agency.

ACTION: Final rule.

SUMMARY: The Agency published an

interim final rule with request for

comment in the Federal Register on

April 8, 1996. This rule amended

Agency regulations to clarify the

procedures for requesting an extension

of program duration for designated

sponsors seeking such extension on

behalf or a professor or research scholar

participating in activities conducted by

the sponsor. This interim rule also set

forth new procedures whereby the

Agency may authorize a sponsor to

design and conduct research programs

that allow for the participation of a

professor or research scholar for a

period of time in excess of three years.

Limitations governing the eligibility for

program participation of professor and

research scholar participants were also

set forth. These limitations enhance the

integrity and programmatic

effectiveness of the Exchange Visitor

Program. The Agency hereby adopts this

interim rule, with amendments, as final.

DATES: This rule is effective June 10,

1996 except for 22 CFR 514.20(j)(2)(i)

which will become effective on October

4, 1996.

FOR FURTHER INFORMATION CONTACT:

Stanley S. Colvin, Assistant General

Counsel, United States Information

Agency, 301 4th Street, SW.,

Washington, DC 20547; Telephone,

(202) 619–4979.

SUPPLEMENTARY INFORMATION: Professor

and research scholar participants

comprise some thirty percent of all

exchange visitors participating in the

Agency-administered Exchange Visitor

Program and are, accordingly, of

particular interest to the Agency given

their involvement in collaborative

research projects throughout the United

States and the potential for the

promotion of mutual understanding and

peaceful relations that such

collaborative activities provide. Also of

interest to the Agency is the fact that

such participants occupy approximately

55,000 positions in U.S. academic

institutions and corporate research

facilities.

Unlike all other nonimmigrant visa

categories, the J visa allows for the

employment in the United States of

accompanying spouses. Thus, there are

potentially 55,000 spouses working in

the United States based solely upon

their derivative J–2 visa status. Also,

unlike the employment of all other

nonimmigrants in the United States,

neither the employment of the J visa

holder principal, nor his or her

accompanying spouse is subject to the

requirements of a Labor Condition

Application or U.S. Department of Labor

review. Given the above considerations,

the Agency is compelled to examine

closely those policies and regulations

that govern the long-term employment

of exchange visitors in the United

States.

The Agency published an interim rule

on April 8, 1996 that addressed, in part,

an alien’s eligibility to pursue teaching

or research opportunities in the United

States under the aegis of the Exchange

Visitor Program. This interim rule

introduced a prohibition against

program participation as a professor or

research scholar for aliens that had held

or been afforded J visa status during any

portion of the twelve month period

immediately preceding the

commencement of such participation.

This prohibition was introduced in an

effort to end the movement of students

in J visa status into the professor and

research scholar category and also to

prevent aliens who have completed a

three year period of program

participation as a professor or research

scholar from exiting the U.S. and

immediately re-entering in a ‘‘new’’

program for an additional three year

period.

The Agency received 38 comments in

response to the request for comment set

forth in the April 8th interim rule, all of

which directly or indirectly touched

upon this provision. The commentators

generally agreed that, given the

Agency’s desire to ensure that exchange

visitors return to their home country in

order to safeguard the integrity and

programmatic effectiveness of the

Exchange Visitor Program, the practice

of exiting and re-entering in a new

program should be curtailed. These

commentators suggested, however, that

the regulation, as written, complicated

or prevented the use of the Exchange

Visitor Program by person engaging in

short-term collaborative projects. Many

commentators suggested alternatives to

the Agency’s approach and as a result of

such comments, the Agency is

amending the provisions set forth at

§ 514.20(d). This amendment exempts

from the twelve month bar those

exchange visitors who participated in an

exchange visitor program for six months

or less. As a related matter, the Agency

is amending the program duration of the

short-term scholar category from four

months to six months both to reflect this

change and to facilitate this category’s

use for short-term collaborative projects.

Further, based upon comments

received, the Agency is amending the

language governing the calculation of

the twelve month bar set forth at

§ 514.20(d)(ii). The interim rule set forth

language, subject to interpretation, as to

how the twelve month period should be

calculated. In an effort to provide

clarity, the Agency amends this

language by adopting physical presence

in the United States in J status as the

standard for application of the twelve

month bar and adopts the date of

program commencement, as set forth on

the Form IAP–66, as the standard to

determine the calculation of time.

A number of commentators also

suggested that it is unfair to subject the

J–2 spouse to this twelve month bar.

The Agency disagrees. While some J–2

spouses may have made some sacrifices

in order to accompany the J–1 exchange

visitor, such sacrifice is compensated by

employment opportunities in the United

States—often in research. Thus, the real

issue is whether it is unfair to deny a

J–2 spouse the opportunity to remain in

J status and pursue continued