ML20207B484
| ML20207B484 | |
| Person / Time | |
|---|---|
| Issue date: | 09/19/1986 |
| From: | Holloway C NRC OFFICE OF ADMINISTRATION (ADM) |
| To: | Phillips J NRC OFFICE OF ADMINISTRATION (ADM) |
| Shared Package | |
| ML19303E617 | List: |
| References | |
| FRN-51FR24078, RULE-PR-171 AC30-2-19, NUDOCS 8612010192 | |
| Download: ML20207B484 (3) | |
Text
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\;,, . . . . .' f September 19, 1986 MEl40RAllDUli FOR: John D. Philips, Chief Rules & Procedures Branch Division of Rules & Records, ADl!
FR0!1: C. James Holloway, Jr. , Director License Fee Management Staff, ADl!
SUBJECT:
FEDERAL REGISTER NOTICE - 10 CFR 171 We have reviewed the September 18, 1986 Federal Reaister notice relating to the new 10 CFR 171 and note the following.
- p. 33225, 2nd column, lith line from top of page - the word Officers is used rather than Offices.
- p. 33231, 171.15(e) - the annual fee should read $950,000 instead of 950,00.
It is my understanding thot'Nita Beeson has called the Federal Register concerning these two changes and that they will publish a correction.
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(!, cUc . C (p aAt- L C, bames Holloway, Jr. ,lD irbctor l
Vicense Fee Management Staff Office of Administration i
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8612010192 861121 PDR P $ 51 R24078 I c'r i 20}D/Y2 >
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}\c x a U IMtd e t9 tim 34082 Federxl Regi;t:r / Vol. 51, No.180 / Thursday, September 25, 1980 / Rules end Regulations (ii) Acting district director: issue warrants shall not be allowed liii) Deputy district director; further action in the case shall be taken except as authorized by paragraph (b) of as provided in Part 242 of this chapter.
(iv) Assistant district director for this section. After the examining officer has investigations: * * * *
- determined that formal proceedings (v) Assistant district director for 4. In section 242.7. paragraph (a) is under sections 230,237. or 242 of the depot tation; revised to read as follows: Act, will be instituted, an alien arrested ;
(vil Assistar.t district director for examinations: 1242.7 cancetistion proceedings. without warrant of arrest shall be i (vii) Assistant district director for advised of the reason for his/her arrest anti-smuggling: la) Gmce#ation of an order to show and the right to be represented by i cwse. Any officer authorized by counsel of his/her choice, at no expense (viii) Officer in charge (except l foreignl: 5.'42.1(a) of this part to issue an order to to the government. The alien shall also show cause may cancel an order to be provided with a list of the available (ix) Chis f patrol agent; show cause or terminate proceedings (s) Deputy chief patrol agent; prior to the actual commencement of the free legal services programs qualified (xi) Associate chief patrol agent; or hearing under a served order to show under Part 292a of this chapter and c use provided the officer is satisified organizations recognized pursuant to If after h ssu nc o warrant that. i 292.2 of this chapter which are 1ocated of arrest, a determination 1s made not to (1) The respondent is a national of the in the district where the deportation '
serve it, any officer authon, zed to issue hearing will be held. It shall be noted on such warrant may authorize its United States:
(2) The respondent is not depm table Form I-213 that such a list was provided cancellation. When a warrant of arrest under immigration laws * ' *"""" " " * " * *
- is served under this part, the respondent (3) The respondent is 'deceased; advised that any statement made may shall have explained to him/her the (4) The respondent is not in the United be used against him/her in a subsequent contents of the order to show cause, the pr ceeding and that a decision wdl be States: or reason for the arrest and the right to be (5) The proceedings were made within 24 hours2.777778e-4 days <br />0.00667 hours <br />3.968254e-5 weeks <br />9.132e-6 months <br /> as to whether he/
represented by counsel of his/her own improvidently begun. she will be contmued in custody or choice at no expense to the Gosernment. . . . . . released on bond or recogmzance.
Ile/she shall also be advised of the Unless voluntary departure has been availability of free legal services PART 287-FIELD OFFICERS; granted pursuant to i 242.5 of this programs qualified under Part 292a of chapter, the alien's case shall be POWERS AND DUTIES this chapter and organizations presented promptly, and in any event recognized pursuant to i 292.2 of this 1. The authority citation for Part 287 of within 24 hcurs, for a determination as chapter, located in the district where the Title 8 continues to read as follows: to whether there is prima facie evidence deportation hearing will be held. The Authority: Secs. 103.235. 236. 242.287;66 respondent shall be furnished with a list that the arrested alien is in the United Stat.173.19hoo,208, as amended. 233; 8 States in violation of law and for of such programs. and a copy of Form I- U.S C.1103.1225.1228,1252.1357.
issuance of an order to show cause and 018. Written Notice of Appeal Rights. warrant of arrest as prescribed in Part
- 2. Section 287.3 is revised to read as Service of these documents shall be rollow3, 242 of this chapter.
noted on Form I-213. The respondent 1
~J shall be advised that any statement i 287.3 Disposition of cases of attens Dated: September 16.1966.
made may be used against him/her. ite/ arrested without warrant. Raymond M. Kisor, she shall also be informed whether An alien arrested without a warrant Associate Comnzissioner. Enfomement, custody is to be continued or, if release of arrest under the authority contained Immismtion andNotum/ization Service.
from custody has been authorized, of the in section 287(a)(2) of the Immigration IFR Doc. 86-21664 Filed 9-24-86; 8.45 am) amount and conditions of the bond or and Nationality Act shall be examined ewwo coot mo-to-u the conditions of release. A respondent as therein provided by an officer other on whom a warrant of arrest has been than the arresting officer. lf no ollwr
. served may apply to any officer qualified officer is readily available and authorized by this section to issue such the taking of the alien before another NUCLEAR REGULATORY a warrant for release or for amelioration officer would entail unnecessary delay, COMMISSION ,
4 of the conditions under which he/she the arresting officer,if the conduct of
) may be released. When serving the such examination is a part of the duties 10 CFR Parts 51 and 171 .!
warrant of arrest and w assigned to him/her, may examine the l
any application perta, m, henthedetermining m g thereto, alien. If such examining officer is Annual Fee for Power Peactor authorized officer shall farmsh the satisfied that there is prima facie Operating Ucenses and Conforming respondent with a notice of decision, evidence establishing that the arrested Amendment which may be on Fo.m I-286, indicating alien was entering or attempting to enter Correction !
whether custody will be continued or the United States in violation of the j terminated, specifying any conditions immigration laws, he/she shall refer the In FR Doc. 86-21307 beginning on page <
under which release is permitted, and case to an immigration judge for further 33224 in the issue of Thursday, ,
advising the respondent appropriately inquiry in accordance with Parts 235 and September 18,1986, make the following whether he/she may apply to an 236 of this chapter or take whatever corrections: ,
immigration judge pursuant to other action may be appropriate or 1. On page 33225, in the second i; paragraph (b) of this section for release required under the laws or regulations column, in the eleventh line, " Officers" ,., !
or modification of the conditions of applicable to the particular case. If the should read " Offices".
release or whether he/she may appeal examining officer is satisfied that there 2. On page 33226, in the first column, to the Doard. A direct appeal to the $
is prima facie evidence establishing that in the first complete paragraph,in the !
Board from a determination by an officer authorized by this section to the arrested alien is in the United States ninth line. "CORBA" should read in violation of the immigration laws, "CO BR A".
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Federal Register / Vol. 51, No.186 / Thursd:y, Sept:mber 25, 1986 / Rules end Regulations 34083 g 171.15 (Correctedl PART 1210-DEVELOPMENT WORK (e) NASA policy. All the projects to be
- 3. On page 33231, in i 171.15(e), in the FOR INDUSTRY IN NASA WIND performed in any of the NASA wind third line,"$950.00" should read TUNNELS tunnels must be appropnate to the
$950.000. facility.
g sumo coos isos.oi-u 1210.1. Introduction. g 1210.2 General classes of work.
1210.2 General classes of work. (a) Companypm/ects. Includes work
- 1210.3 Priorities and schedules. for industry on:
Pan P '
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
[$ men ro ects.
1210.8 Test preparation and conduct.
(1) Projects which are neither under contract nor supported by a letter of Authority:50 U.S.C. 511-515,42 U.S.C. intent from a Government agency; and 14 CFR Part 1210 (2) Company desired tests which are 2473(cl (5) and (6).
related to a project which is either under Development Work for industry in i 1210.1 Introduction. contract with or supported by a letter of NASA Wind Tunnels (a) Authority. The regulations, as they intent from a Government agency, but AGENCY: National Aeronautics and apply to the Unitary Wind Tunnel Plan are beyond the scope of the tests Space Administration ~ facilities, are promulgated under requested by the Government agency.
authority of the Uu;tm Wind Tunnel (3) A fee will be charged for company ACTION: Final rule. Plan Act of 1949, as an'. ended, codified projects.
SUMMARY
- NASA is revising 14 CFR Part at 50 U.S.C. 311-517 I'his statute states (b) Governmentprojects. Includes
'The facilities authonzed , shall be work for industry on projects which are 1210," Development Work for Industry in NASA Wind Tunnels." This revision operated and staffed by the National either under contract with or supported reflects the following changes: Aer nautics and Space Administration by a letter of intent from a Government i 1210.1(c) wording changed to but shall be available primarily industry agency.The work must be requested by acknowledge completion of the National f r testing experimental rr.edels in the Government agency. No fee will be Transonic Facility (NTF); i 1210.2(b) connection with the development of charged for Government projects.
deletes reference to a possible separate aircraft and missiles. Such tests shall be (c) UnitedStates/ foreign industry reimbursable policy for the NTP: scheduled and conducted in accordance consortium projects. This involves U.S.
w in us ry 8 req remen 8.8 companies, which have formed a I 1210.3(a) deletes words on referrin8 allocation oflaboratory time shall be priority conflicts to the Associate consortium or any other type of Administrator for Aeronautics and made in ac,cordance with the pubhc association with foreign companies, that Space Technology for review and final interest, with proper emphasis upon the desire tests on aerospace projects of determination; i 1210.3(b) deletes requirements of each military service joint or foreign interest. An application reference to submitting schedules to and due consideration of civih,an for work for such a consortium shall lleadquarters; and i 1210 5 wording needs. disclose the foreign interest in or j changed to reflect current practice. (b) Unitary wind tunne/p/an anticipated foreign benefit from tests to l facilities. The unitary wind tunnel plan be conducted and shall first be reviewed EFFECTIVE DATE: September 25,1986.
facilities are the Ames Research Center by the Director, International Affairs ADDRESS: Director for Institutions, Code 11. by 11. foot wind tunnel. 9- by 7. foot Division, for consistency with current RI. Office of Aeronautics and Space wind tunnel, and 8- by 7. foot wind Technology, National Aeronautics and U.S. foreign policy and for compatibility tunnel; the Langley Research Center 4- with section 102 of the National Space Administration. Washington. DC by 4-foot high Mach number test section Aeronautice und Space Act of 1958. as 20546. and the 4 by 4. foot low Mach number amended, pnor to a final decision being FOR FURTHER INFORMATION CONTACT: test Section; and the Lewis Research reached on the application. A fee will be Arthur IIenderson, Jr., (202) 453-2773. Center 10- by 10-food wind tunnel. charged for these consortium projects sUPPLEMcMTARY INFORMATION:Since These wind tunnels are operated by unless,in these review procedures, it is this action is internal and administrative NASA for industry NASA, the determined that Government agency in nature, notice and public comment Department of Defense, and other cooperative sponsorship warrants a are not required. Government agency projects. non-fee arrangement.
The National Aeronautics and Space (c) National aeronauticalfacilities. (d) Foreign company projects. Foreign Administration has determined that: The national aeronautical facilities company requests for wind tunnel use
- 1. This rule is not subject to the include the NationalTransonic Facility that are not related to U.S. Government requirements of the Regulatory at Langh harch Center and or U.S. Industry interests or programs the National Full-Scale Aerodynamic Flexibility Act. 5 U.S.C. 001-612. since it will generally not be granted and will in will not exert a significant economic Complex, consisting of th impact on a substantial number of small and the 80- by 120-foot wm,e and d tunnels 40- byrequired 80-foot no event be granted prior in paragraph (c) of this section, to a rev related support facilities at Ames by the Director. International Affairs
,g;,jg: Research Center.These facilities are
- 2. This rule is not a major rule as Division' operated by NASA for industry NASA, defined in Executive Order 12291. the Department of Defense, and other i 1210.3 Priorities and schedules.
List of Subjects in 14 CFR Part 1210 Government agency projects. (a) Priorities. Unitary wind tunnels Aircraft, Business and industry. IMOother windtunnels. All ther shall be available primarily to industry NASA wind tunnels will be used for development work. liowever, e r . nt f c equip n primarily for NASA research. liowever, allocations of wind tunnel time shall be all of these wmd tunnels may be used in accordance with the public interests.
For reasons set forth in the Preamble, for industry work when it is in the public with due consideration to the 14 CFR Part 1210 is revised to read as interest either in joint programs with requirements of the military services.
follows: NASA or on a fee basis. civilian needs, and NASA research.
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