51338 Federal Register / Vol. 64, No. 183 / Wednesday, September 22, 1999 / Notices

Corporation and The Santa Cruz chip attach’’ components, enabling more available for public inspection at the Operation, Inc. have filed written efficient production of these high above address by calling (202) 514–3048 notifications simultaneously with the performance devices. to arrange for an appointment. Attorney General and the Federal Trade Constance K. Robinson, FOR FURTHER INFORMATION CONTACT: Commission disclosing (1) the identities Director of Operations, Antitrust Division. Isabelle Chewning, Detention and of the parties and (2) the nature and [FR Doc. 99–24608 Filed 9–21–99; 8:45 am] Deportation Officer, Immigration and objectives of the venture. The BILLING CODE 4410±11±M Naturalization Service, 801 I Street NW, notifications were filed for the purpose Suite 800, Washington, DC 20536, of invoking the Act’s provision limiting telephone (202) 616–7797, or Melinda the recovery of antitrust plaintiffs to DEPARTMENT OF JUSTICE Clark, Detention and Deportation actual damages under specified Officer, Immigration and Naturalization circumstances. Pursuant to Section 6(b) Immigration and Naturalization Service Service, 425 I Street NW, Room 3214, Washington, DC 20536, telephone (202) of the Act, the identities of the parties [INS No. 1998±99] are International Business Machines 514–1986. Corporation, Armonk, NY; and The RIN 1115±AF50 SUPPLEMENTARY INFORMATION: Santa Cruz Operation, Inc., Santa Cruz, Advance Notice of Expansion of What is the expedited removal CA. The nature and objectives of the program? venture are to cooperatively develop Expedited Removal to Certain Criminal and enhance UNIX operating systems Aliens Held in Federal, State, and Local Under section 235(b)(1) of the designed to operate on the 32-bit and Jails Immigration and Nationality Act (Act), as amended by the Illegal Immigration 64-bit Intel architecture platforms to AGENCY: Immigratnion and Reform and Immigrant Responsibility enable innovative new open systems Naturalization Service, Justice. computer technologies and products Act of 1996 (IIRIRA), certain aliens who ACTION: Advance notice with request for are inadmissible to the more rapidly and efficiently than either comments. party could achieve independently. under sections 212(a) (6) (C) or 212(a) Each party may market such jointly SUMMARY: This notice advises the public (7) of the Act are not entitled to a formal developed products. that the Immigration and Naturalization removal hearing before an immigration judge under section 240 of the Act. Constance K. Robinson, Service (Service) intends to apply the Instead, these aliens are subject to an Director of Operations, Antitrust Division. expedited removal provision of section 235(b)(1) of the Immigration and expedited removal order issued by an [FR Doc. 99–24610 Filed 9–21–99; 8:45 am] immigration officer. Sections 212(a) (6) BILLING CODE 4410±11±M Nationality Act (Act) on a pilot basis to certain criminal aliens being held in (C) and 212(a) (7) are the grounds of inadmissibility which cover aliens who three correctional facilities in the State seek or have sought to procure a visa, of . This action will not become DEPARTMENT OF JUSTICE other documentation, or admission to effective until the Service evaluates and the United States or other benefits under Antitrust Division addresses public comments and informs the Act by fraud or misrepresentation or the public by notice in the Federal who arrive without proper entry Notice Pursuant to the National Register when the expedited removal documents. Cooperative Research and Production provisions will be implemented. This Act of 1993ÐMotorola/Jabil Circuits On March 6, 1997, the Department of pilot program will last for a period of Justice issued implementing regulations Notice is hereby given that, on March 180 days, and will be followed with an which apply the expedited removal 30, 1999, pursuant to Section 6(a) of the evaluation of the program. The Service provisions of section 235(b)(1) of the National Cooperative Research and believes that implementing the Act to certain aliens arriving in the Production Act of 1993, 15 U.S.C. 4301 expedited removal provisions to person United States on or after April 1, 1997. et seq. (‘‘the Act’’), Motorola, Inc. has who have been found by a Federal judge (See 62 FR 10312). filed written notification simultaneously to be guilty of illegal entry and are with the Attorney General and the serving short criminal sentences will To whom Will the Section 235(b) (1) Federal Trade Commission disclosing result in removal of those criminal Expedited Removal Provisions Be (1) the identities of the parties and (2) aliens faster than can be achieved under Applied? the nature and objectives of the venture. ordinary . This will Section 235(b) (1) (A) (iii) of the Act The notifications were filed for the ensure prompt immigration permits the Attorney General, in her purpose of invoking the Act’s provisions determinations in those cases and sole and unreviewable discretion, to limiting the recovery of antitrust consequently will save Service designate certain other aliens to whom plaintiffs to actual damages under detention space and immigration judge the expedited removal provisions may specified circumstances. Pursuant to and trial attorney resources, while at the be applied even though they are not Section 6(b)of the Act, the identities of same time protecting the righ5ts of the arriving in the United States. the parties are Auburn University, individuals affected. Specifically, the Attorney General may Auburn, AL; Jabil Circuit, Inc., San Jose, DATES: Comments must be submitted on apply the expedited removal provisions CA; Loctite Corporation, Rocky Hill, CT; or before November 22, 1999. to any or all aliens who have not been and Motorola, Inc., Schaumburg, IL. The ADDRESSES: Please submit written admitted or paroled into the Untied nature and objectives of the venture are comments, original and two copies, to States and who have been physically to engage in a collaborative effort of the Director, Policy Directives and present for less than 2 years prior to the limited duration to gain further Instructions Branch, Immigration and date of the determination of knowledge and understanding of, and Naturalization Service, 425 I Street NW, inadmissibility. By publication of this develop new materials and technology Room 5307, Washington, DC 20536. To notice, the Attorney General is for, integrated-circuit fabrication ensure proper handling, please exercising her discretionary authority to facilities using conventional surface reference INS No. 1998–99 on your apply the provisions of the expedited mount technology to handle new ‘‘direct correspondence. Comments are removal to certain who:

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(i) Have been convicted of illegal determination of inadmissibility shall program for possible application to entry into the United States under 8 be detained in accordance with section other IRP facilities. U.S.C. 1325(a) (1) or (2) (section 275 of 235(b)(2) of the Act for a proceeding the Act) if the court record establishes under section 240 of the Act. Will Expedited Removal Be Applied to the time, place, and manner of entry; Because the regulation provides the all Criminal Aliens Detained at These (ii) Have not been admitted or paroled authority to apply expedited removal to Sites? into the United States and who have aliens affected by this pilot program, the been physically present for less than 2 Service is not amending its regulation, No. The Service intends to apply the years prior to the date of the but it is announcing the pilot program expedited removal provisions only to determination of inadmissibility; and through this notice and a subsequent those aliens convicted of illegal entry (iii) Are serving criminal sentences in notice after receiving public comment. who have not previously been removed, the Big Spring Correction Center, Eden provided the court records explicitly Detention Center, or Reeves County Why Is This Action Being Taken? established the time, place, and manner Bureau of Prisons Contract Facility. The Service identifies and processes of entry, and that the alien has not been thousands of criminal aliens for removal admitted or paroled into the United Under What Authority Is the each year while they are incarcerated in States and has not been physically Immigration and Naturalization Federal, State, and local jails and Service Taking This Action? present continuously for the 2-year correctional facilities. There are several period immediately prior to the date of In addition to the statutory authority programs and methods in place to the determination of inadmissibility. contained in section 235(b)(1)(A)(iii) of accomplish this task. Most notable is the the Act, the expedited removal Institutional Removal Program (IRP), Those aliens who have reentered the provisions contained in the Service’s whereby immigration officers are United States illegally after having been regulations at 8 CFR 235.3(b)(1)(ii) stationed at specific Federal and State previously ordered removed from the provides as follows: correctional facilities to process aliens United States will continue to be subject (ii) As specifically designated by the for removal proceedings, which are to reinstatement of the prior order of Commissioner, aliens who arrive in, conducted at that site by Immigration removal under section 241(a)(5) of the attempt to enter, or have entered the Judges before their release from criminal Act. The Service will also continue to United States without having been custody. If found removable, the aliens apply the existing procedures under admitted or paroled following can then be removed from the country section 238 of the Act for removal of inspection by an immigration officer at immediately upon completion of their most aliens convicted of an aggravated a designated port-of-entry, and who sentence, without the Service incurring felony. have not established to the satisfaction additional detention costs to house of the immigration officer that they have them during their removal proceedings. What Does the Service Expect To been physically present in the United Many of the aliens incarcerated in Achieve Through This Pilot Program? States continuously for the 2-year certain IRP facilities have been The Service expects the pilot program period immediately prior to the date of convicted of illegal entry under 8 U.S.C. determination of inadmissibility. The 1325 (section 275 of the Act), often to demonstrate a greater efficiency in Commission shall have the sole initiated after the alien has committed processing criminal aliens who meet the discretion to apply the provisions of multiple illegal entries. Many are given statutory criteria for expedited removal, section 235(b)(1) of the Act, at any time, relatively short sentences that make it but who may not be eligible for other to any class of aliens described in this difficult to complete removal existing programs or could not be as section. The Commissioner’s proceedings before an immigration promptly removed under the IRP. In designation shall become effective upon judge prior to the completion of their addition, many of the relatively routine publication of a notice in the Federal sentences. Since these aliens have been cases that fall within the statutory Register. However, if the Commissioner convicted of illegal entry, the court criteria for expedited removal but are determines, in the exercise of discretion, records and documentation in the file currently being heard by immigration that the delay caused by publication will clearly establish the time, place, judges in the IRP could be processed would adversely affect the interests of and manner of entry, thereby under expedited removal, and the the United States or the effective establishing eligibility for expedited administrative resources and detention enforcement of the immigration laws, removal. Under this pilot program, costs currently expended on these cases the Commissioner’s designation shall therefore, expedited removal will only could be applied to other IRP cases or become effective immediately upon be applied where the Federal Courts to other detained cases. The increased issuance, and shall be published in the have affirmatively determined that the volume of illegal entries and the Federal Register as soon as practicable alien falls within the illegal entry increasing number of criminal aliens thereafter. When these provisions are in criteria for expedited removal. being apprehended and identified have effect for aliens who enter without resulted in a critical of Service inspection, the burden of proof rests Will the Program Be Expanded to all with the alien to affirmatively show that Federal, State, and Local Jails and detention space in recent months. This he or she has the required continuous Correctional Facilities? shortage necessitates that the Service physical presence in the United States. No. This pilot program will be limited explore further appropriate means to Any absence from the United States to the following IRP facilities: Big achieve the most efficient use of limited shall serve to break the period of Spring Correction Center, Eden Service detention space. The Service is continuous physical presence. An alien Detention Center, and Reeves County confident that the experience it has who was not inspected and admitted or Bureau of Prisons Contract Facility. This gained since the implementation of the paroled into the United States but who limitation will permit the Service to expedited removal program at ports-of- establishes that he or she has been provide thorough training to all officers entry on April 1, 1997, will enable it to continuously physically present in the involved in the process, to monitor the successfully pilot a very limited United States for the 2-year period procedures being followed, and to expansion of the program in a manner immediately prior to the date of evaluate the effectiveness of the pilot that is both effective and fair.

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How Will the Service Ensure That an period of 10 years (or 20 years in the NUCLEAR REGULATORY Alien Placed in the Expedited Removal case of a second or subsequent removal). COMMISSION Program Will Not Be Subjected to If the alien should illegally reenter the [Docket No. 50±73] Persecution or Torture Upon Removal United States, he or she is subject to From the United States? under section General Electric Company; Notice of Service regulations provide that any 241(a)(5) of the Act and to civil and Consideration of Application for alien who indicates either an intention criminal penalties contained in the Act Renewal of Facility License to apply for asylum, withholding of and in other Federal statutes. The United States Nuclear Regulatory removal under section 241(b)(3) of the How Will the Service Evaluate the Commission (the Commission) is Act, or protection under the Convention Integrity, Productivity and Effectiveness considering renewal of Facility License Against Torture, or expresses a fear of of This Program? No. R–33, issued to the General Electric persecution, torture, or other harm shall The Service intends to monitor the Company (the licensee) for operation of be referred for an interview by an the General Electric Nuclear Test asylum officer to determine whether the process carefully and will conduct an evaluation of the program upon the Reactor located on the Vallecitos alien has a credible fear. The Form I– Nuclear Center in Sunol, California. termination of the pilot program after 867A and I–867B currently used by the The renewal would extend the 180 days have elapsed. The Service will officers who process aliens under the expiration date of Facility License No. expedited removal program, in regularly conduct reviews of a sampling R–33 for twenty years from date of accordance with the statutory of expedited removal cases processed at issuance, in accordance with the requirement at section 235(b)(1)(B)(iv) the selected facilities. The files will be licensee’s timely application for renewal of the Act, carefully explains to all reviewed to ensure that all procedures dated September 30, 1997, as aliens in expedited removal proceedings are properly followed, especially those supplemented on November 20, 1997, the alien’s right to a credible fear procedures designed to protect the and June 18, and August 23, 1999. interview. The forms also require that rights of the aliens involved. This is the Prior to a decision to renew the the officer determine whether the alien same process used by the Service for license, the Commission will have made has any reason to fear harm if returned monitoring port-of-entry expedited findings required by the Atomic Energy to his or her country. This form will also removal cases. The Service will also Act of 1954, as amended (the Act), and be used for aliens subject to expedited conduct site visits to conduct follow-up the Commission’s regulations. removal under this pilot program. training and on-site monitoring. The Within thirty days of publication of Additionally the training to be provided Service will also monitor statistics this notice, the licensee may file a to other officers who will administer the pertaining to the number of aliens request for a hearing with respect to program will emphasize the need to be removed through this program. renewal of the subject facility license alert for any verbal or non-verbal Why Is the Service Soliciting Public and any person whose interest may be indications that the alien may be afraid Comments on This Notice? affected by this proceeding and who to return to his or her homeland. wishes to participate as a party in the Once an alien is referred to an asylum While not required under the proceeding must file a written request officer for a credible fear interview, he Administrative Procedures Act, the for a hearing and a petition for leave to or she has a right to consultation with Service is interested in receiving intervene. Requests for a hearing and a a person of the alien’s choosing, and a comments from the public on all aspects petition for leave to intervene shall be right to review by an immigration judge of the expedited removal program, but filed in accordance with the of any negative credible fear especially on the effectiveness of the Commission’s ‘‘Rules of Practice for determination. Aliens found to have a program, problems envisioned by the Domestic Licensing Proceedings’’ in 10 credible fear are then placed into commenters, and suggestions on how to CFR Part 2. Interested persons should ordinary removal proceedings before an address those problems. We believe consult a current copy of 10 CFR 2.714 immigration judge where they may that, by maintaining a dialogue with which is available at the Commission’s apply for asylum and withholding of interested parties, the Service can Public Document Room, the Gelman removal. ensure that the program remains Building, 2120 L Street, NW, Washington, DC. If a request for a How Does the Effect of an Expedited effective in combating and deterring hearing or petition for leave to intervene Removal Order Issued by an illegal entry whole at the same time is filed within the time prescribed Immigration Officer Differ From the protecting the rights of the individuals above, the Commission or an Atomic Effect of a Final Removal Order Issued affected. Safety and Licensing Board, designated by an Immigration Judge Under Section When Will These Actions Begin and by the Commission or by the Chairman 240 of the Act? How Long Will It Last? of the Atomic Safety and Licensing Regardless of whether the final order After evaluating and addressing the Board Panel, will rule on the request is issued by an immigration judge or the public comments, the Service will and/or petition and the Secretary or the Board of Immigration Appeals under inform the public by notice in the designated Atomic Safety and Licensing section 240 of the Act or by an Federal Register 30 days prior to the Board will issue a notice of hearing or immigration officer under section pilot program’s implementation. The an appropriate order. 235(b)(1) of the Act, the consequences program will remain in effect for 180 As required by 10 CFR 2.714, a are the same. The alien is prohibited days. petition for leave to intervene shall set from returning to the United States forth with particularity the interest of without advance permission for the Dated: September 14, 1999. the petitioner in the proceeding, and period of time specified in section Doris Meissner, how that interest may be affected by the 212(a)(9) of the Act. Where proceedings Commissioner, Immigration and results of the proceeding. The petition are initiated other than upon the alien’s Naturalization Service. should specifically explain the reasons arrival in the United States, the alien [FR Doc. 99–24385 Filed 9–21–99; 8:45 am] why intervention should be permitted ordered removed is inadmissible for a BILLING CODE 4410±10±M with particular reference to the

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