33304 Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations

marketable tobacco is offered for price

support and to insure that the amount

of support made available is not

excessive.

List of Subjects in 7 CFR Part 1464

Agriculture, Assessments, Loan

program, Price support program,

Tobacco, Warehouses.

Accordingly, 7 CFR Part 1464 is

amended as follows:

PART 1464—TOBACCO

1. The authority citation for part 1464

continues to read as follows:

Authority: 7 U.S.C. 1421, 1423, 1441, 1445,

1445–1 and 1445–2; 15 U.S.C. 714b, 714c.

2. Section 1464.8 is amended by

revising the introductory text to read as

follows:

§ 1464.8 Eligible tobacco.

Eligible tobacco for the purpose of

pledging such tobacco as collateral for a

price support loan is any tobacco of a

kind for which price support is

available, as provided in § 1464.2, that

is in sound and merchantable condition,

is not nested as defined in 7 CFR part

29, and:

* * * * *

3. Section 1464.9 is amended by

revising paragraph (a) to read as follows:

§ 1464.9 Refund of price support advance.

* * * * *

(a) Received a price support advance

on tobacco that was nested, as defined

in part 29 of this title or otherwise not

eligible for price support. The county

committee, with concurrence of a State

Committee Representative, may reduce

the refund with respect to tobacco

otherwise required in this part, in

accordance with guidelines issued by

the Deputy Administrator.

* * * * *

Signed at Washington, DC on June 20,

1996.

Bruce R. Weber,

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 96–16355 Filed 6–26–96; 8:45 am]

BILLING CODE 3410–05–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 204

[INS No. 1647–95]

RIN 1115–AE24

Priority Dates for Employment-Based

Petitions

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule amends the

Immigration and Naturalization Service

(Service) regulations by eliminating the

requirement that an application for

labor certification filed with a state

employment office before October 1,

1991, must be filed with the Service in

connection with a petition filed under

section 203(b) of the Immigration and

Nationality Act (Act) before October 1,

1993, in order to maintain a pre-October

1, 1991, priority date. This rule

implements section 218 of the

Immigration and Nationality Technical

Corrections Act of 1994 (INTCA), which

amended section 161(c)(1) of the

Immigration Act of 1990 (IMMACT).

This rule is necessary to implement a

statutory change.

EFFECTIVE DATE: June 27, 1996. Written

comments must be submitted on or

before August 26, 1996.

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. To ensure

proper handling please reference INS

No. 1647–95 on your correspondence.

Comments are available for public

inspection at the above address by

calling (202) 514–3048 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT:

Michael W. Straus, Senior

Adjudications Officer, Adjudications

Division, Immigration and

Naturalization Service, 425 I Street,

NW., Room 3214, Washington, DC

20536, telephone (202) 514–3228.

SUPPLEMENTARY INFORMATION: On

November 29, 1991, the Service

published a final rule implementing the

new employment-based immigrant

categories created by the Immigration

Act of 1990 (IMMACT), Pub. L. 101–

649. See 56 FR 60897–913. The final

rule provided that the priority date for

an employment-based petition

accompanied by a labor certification

shall be the date on which any office

within the employment service system

of the Department of Labor accepted the

request for labor certification. See 8 CFR

204.5(d). A priority date determines

when an alien, who has had an

immigrant visa petition approved on his

or her behalf, may submit his or her

application for permanent resident

status or an immigrant visa.

Subsequent to the promulgation of the

November 29, 1991, regulation, the

President signed into law the

Miscellaneous and Technical

Immigration and Naturalization

Amendments of 1991 (MTINA), Pub. L.

102–232, dated December 12, 1991.

Section 302(e)(2) of the MTINA, which

amended section 161(c)(1) of IMMACT

addressed, among other things, the

transition of labor certifications filed

before October 1, 1991, into the new

employment-based immigrant visa

categories created by IMMACT. In this

regard, section 302(e)(2) of MTINA

provides that, in order to maintain the

priority date of a labor certification

application filed in connection with an

employment-based petition which was

submitted to a state employment office

before October 1, 1991, the employer

must file an employment-based petition

before October 1, 1993. Section 302(e)(2)

of MTINA further provides that if the

Department of Labor approves a preOctober 1, 1991, labor certification

application subsequent to October 1,

1993, the employer must file a petition

under section 203(b) of the Act within

60 days of the date of certification to

maintain the pre-October 1, 1991,

priority date.

To implement section 302(e)(2) of

MTINA, the Service issued an interim

rule with request for comments on

January 5, 1994, at 59 FR 501–502. This

interim rule provided that in the case of

labor certifications accepted for

processing by any office within the

employment service system of the

Department of Labor before October 1,

1991, the sponsoring employer must file

a petition under section 203(b) of the

Act before October 1, 1993, or within 60

days after the date of certification by the

Department of Labor, whichever is later,

in order to maintain the pre-October 1,

1991, priority date. On October 11,

1994, the Service issued a final rule

which adopted the interim rule as final.

See 59 FR 51358–60.

On October 25, 1994, the President

signed into law the Immigration and

Nationality Technical Corrections Act of

1994 (INTCA), Pub. L. 103–416. Section

218 of INTCA further amends section

161(c)(1) of IMMACT by removing the

reference to priority dates for preOctober 1, 1991, labor certifications.

This section effectively repealed section
Federal Register / Vol. 61, No. 125 / Thursday, June 27, 1996 / Rules and Regulations 33305

302(e)(2) of MITINA and, therefore, the

recent changes to 8 CFR 204.5(d). The

effect of this legislation is that the

priority date for all employment-based

petitions, regardless of when they are

filed, shall be the date on which the

state employment office accepted the

labor certification application. In light

of the above, 8 CFR 204.5(d) will be

amended by removing the sentence

which refers to labor certifications filed

before October 1, 1991.

The Service’s implementation of this

rule as an interim rule, with provision

for post-promulgation public comment,

is based on the ‘‘good cause’’ exceptions

found at 5 U.S.C. 553 (b)(3)(B), (d)(3).

The reason and necessity for immediate

implementation of this interim rule is as

follows: This rule implements section

218 of INTCA, which became effective

upon enactment, by removing a

sentence in the regulations which is

inconsistent with that section.

Immediate promulgation of this rule is

necessary to ensure that beneficiaries of

employment-based petitions may avail

themselves of a pre-October 1, 1991

priority date. As this rule benefits a very

limited number of beneficiaries, it

should have no adverse impact on other

beneficiaries of employment-based

petitions.

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 this rule will

not have a significant economic impact

on a substantial number of small

entities. This rule affects only a very

limited number of petitioners and aliens

who filed requests for labor

certifications prior to October 1, 1991.

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 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.

List of Subjects in 8 CFR Part 204

Administrative practice and

procedure, Aliens, Employment,

Immigration, Petitions.

Accordingly, part 204 of chapter I of

title 8 of the Code of Federal

Regulations is amended as follows:

PART 204—IMMIGRANT PETITIONS

1. The authority citation for part 204

continues to read as follows:

Authority: 8 U.S.C. 1101, 1103, 1151, 1153,

1154, 1182, 1186a, 1255; 8 CFR part 2.

§ 204.5 [Amended]

2. In § 204.5, paragraph (d) is

amended by removing the second

sentence.

Dated: June 13, 1996.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 96–16347 Filed 6–26–96; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–224–AD; Amendment

39–9682; AD 96–13–13]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F28 Mark 0100 and 0070 Series

Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain Fokker Model F28

Mark 0100 series airplanes, that

currently requires certain maximum

brake wear limits to be incorporated

into the FAA-approved maintenance

inspection program. That AD also

currently requires that the Airplane

Flight Manual (AFM) be revised to

include certain procedures concerning

operations in the event of a rejected

takeoff (RTO). This amendment requires

the incorporation of new maximum

brake wear limits for additional brake

units into the FAA-approved

maintenance program. This action also

deletes the previous requirement for the

AFM revision. This amendment is

prompted by the determination of the

maximum allowable brake wear limits

for additional brake unit part numbers.

The actions specified by the AD are

intended to prevent the loss of brake

effectiveness during a high energy RTO.

EFFECTIVE DATE: August 1, 1996.

ADDRESSES: Information pertaining to

this rulemaking action may be examined

at the Federal Aviation Administration

(FAA), Transport Airplane Directorate,

Rules Docket, 1601 Lind Avenue, SW.,

Renton, Washington.

FOR FURTHER INFORMATION CONTACT:

Ruth Harder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–1721; fax (206) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 94–06–06,

amendment 39–8854 (59 FR 11713,

March 14, 1994), which is applicable to

certain Fokker Model F28 Mark 0100

series airplanes, was published in the

Federal Register on February 12, 1996

(61 FR 5331). The action proposed to

require the incorporation of new

maximum brake wear limits for

additional brake units into the FAAapproved maintenance program. The

action also proposed to delete a

previous requirement for a revision to

the Airplane Flight Manual (AFM) that

pertained to reporting certain rejected

takeoff conditions to maintenance.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

comments received.

Request To Extend Compliance Time

One commenter requests that the

proposed compliance time of 180 days

for incorporating the maximum brake

wear pin limits into the maintenance

program be extended to 360 days. This

commenter, a U.S. operator, requests

this extension in order to ensure that the

new information provided in the AD

can be inserted in its fleet’s required

manuals during a normal revision cycle.

This would avoid the costs and time

associated with having to issue a

temporary partial revision and/or

supplement.

The FAA does not concur. In

developing an appropriate compliance

time for this action, the FAA considered

not only the degree of urgency

associated with addressing the subject

unsafe condition, but the practical

aspect of incorporating and

implementing the required maintenance

program change within a reasonable