35152 Federal Register / Vol. 68, No. 113 / Thursday, June 12, 2003 / Rules and Regulations ■ Accordingly, part 212 of chapter I of § 235.3(b) or (c) of this chapter and conducted under section 235 or 240 of title 8 of the Code of Federal Regulations paragraph (b) of this section, those the Act and this chapter, or any order is amended as follows: officials listed in paragraph (a) of this of exclusion, deportation, or removal section may, after review of the previously entered shall be executed. If PART 212—DOCUMENTARY individual case, parole into the United the exclusion, deportation, or removal REQUIREMENTS: NONIMMIGRANTS; States temporarily in accordance with order cannot be executed within a WAIVERS; ADMISSION OF CERTAIN section 212(d)(5)(A) of the Act, any reasonable time, the alien shall again be INADMISSIBLE ALIENS; PAROLE alien applicant for admission, under released on parole unless in the opinion ■ 1. The authority citation for part 212 is such terms and conditions, including of the official listed in paragraph (a) of revised to read as follows: those set forth in paragraph (d) of this this section the public interest requires section, as he or she may deem that the alien be continued in custody. Authority: 8 U.S.C. 1101 and note, 1102, 1103, 1182 and note, 1184, 1187, 1225, 1226, appropriate. An alien who arrives at a * * * * * port-of-entry and applies for parole into 1227, 1228; Public Law 107–296, 116 Stat Dated: June 3, 2003. 2135 (6 U.S.C. 1, et seq.); 8 CFR part 2. the United States for the sole purpose of seeking adjustment of status under Tom Ridge, ■ 2. Section 212.5 is amended by: section 245A of the Act, without benefit Secretary of Homeland Security. ■ a. Revising paragraph (a); of advance authorization as described in [FR Doc. 03–14932 Filed 6–10–03; 2:49 pm] ■ b. Revising paragraph (b)(3) paragraph (f) of this section shall be BILLING CODE 4410–10–P introductory text; ■ c. Revising paragraph (b)(5); denied parole and detained for removal ■ d. Revising paragraph (c); in accordance with the provisions of ■ e. Revising paragraph (d) introductory § 235.3(b) or (c) of this chapter. An alien DEPARTMENT OF TRANSPORTATION text; seeking to enter the United States for the ■ f. Revising paragraph (d) (1); and by sole purpose of applying for adjustment Federal Aviation Administration ■ g. Revising paragraph (e)(2)(i). of status under section 210 of the Act The revisions read as follows: shall be denied parole and detained for 14 CFR Part 39 removal under § 235.3(b) or (c) of this [Docket No. 2003–NM–98–AD; Amendment § 212.5 Parole of aliens into the United chapter, unless the alien has been States. 39–13191; AD 2003–12–06] recommended for approval of such (a) The authority of the Secretary to application for adjustment by a consular RIN 2120–AA64 continue an alien in custody or grant officer at an Overseas Processing Office. Airworthiness Directives; Bombardier parole under section 212(d)(5)(A) of the (d) Conditions. In any case where an Act shall be exercised by the Assistant Model CL–600–2C10 (Regional Jet alien is paroled under paragraph (b) or Series 700 & 701) Series Airplanes Commissioner, Office of Field (c) of this section, those officials listed Operations; Director, Detention and in paragraph (a) of this section may AGENCY: Federal Aviation Removal; directors of field operations; require reasonable assurances that the Administration, DOT. port directors; special agents in charge; alien will appear at all hearings and/or deputy special agents in charge; ACTION: Final rule; request for depart the United States when required associate special agents in charge; comments. to do so. Not all factors listed need be assistant special agents in charge; present for parole to be exercised. Those SUMMARY: This amendment adopts a resident agents in charge; field office officials should apply reasonable new airworthiness directive (AD) that is directors; deputy field office directors; discretion. The consideration of all applicable to certain Bombardier Model chief patrol agents; district directors for relevant factors includes: CL–600–2C10 (Regional Jet Series 700 & services; and those other officials as (1) The giving of an undertaking by 701) series airplanes. This action may be designated in writing, subject to the applicant, counsel, or a sponsor to requires a revision to the Airplane the parole and detention authority of the Secretary or his designees. The ensure appearances or departure, and a Flight Manual (AFM) to prohibit Secretary or his designees may invoke, bond may be required on Form I–352 in operations into known or forecast icing in the exercise of discretion, the such amount as may be deemed conditions under certain conditions. authority under section 212(d)(5)(A) of appropriate; This action also requires an inspection the Act. * * * * * to detect damage of the wing anti-ice (b) * * * (e) * * * (WAI) ducts to determine if the external (3) Aliens who are defined as (2)(i) On notice. In cases not covered shrouds of the ducts are open or juveniles in § 236.3(a) of this chapter. by paragraph (e)(1) of this section, upon cracked, and replacement of any The Director, Detention and Removal; accomplishment of the purpose for damaged duct with a new duct or a duct directors of field operations; field office which parole was authorized or when in with the same part number. This action directors; deputy field office directors; the opinion of one of the officials listed also provides for an optional or chief patrol agents shall follow the in paragraph (a) of this section, neither terminating action for the AFM revision guidelines set forth in § 236.3(a) of this humanitarian reasons nor public benefit and inspection. This action is necessary chapter and paragraphs (b)(3)(i) through warrants the continued presence of the to prevent the WAI ducts from (iii) of this section in determining under alien in the United States, parole shall collapsing, cracking, or rupturing, what conditions a juvenile should be be terminated upon written notice to the which could cause leakage of hot air in paroled from detention: alien and he or she shall be restored to the under-floor pressurized area of the * * * * * the status that he or she had at the time fuselage when the anti-ice system is (5) Aliens whose continued detention of parole. When a charging document is turned on. Such leakage of hot air is not in the public interest as served on the alien, the charging results in insufficient heat for the anti- determined by those officials identified document will constitute written notice ice system and consequent aerodynamic in paragraph (a) of this section. of termination of parole, unless degradation. This action is intended to (c) In the case of all other arriving otherwise specified. Any further address the identified unsafe condition. aliens, except those detained under inspection or hearing shall be DATES: Effective June 27, 2003. VerDate Jan<31>2003 14:07 Jun 11, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\12JNR1.SGM 12JNR1 Federal Register / Vol. 68, No. 113 / Thursday, June 12, 2003 / Rules and Regulations 35153 The incorporation by reference of rupture of the WAI ducts, and Explanation of Requirements of Rule certain publications listed in the consequent leakage of hot air in the regulations is approved by the Director under-floor pressurized area of the Since an unsafe condition has been of the Federal Register as of June 27, fuselage when the anti-ice system is identified that is likely to exist or 2003. turned on. Such leakage of hot air develop on other airplanes of the same Comments for inclusion in the Rules results in insufficient heat for the anti- type design registered in the United Docket must be received on or before ice system and consequent aerodynamic States, this AD is being issued to July 14, 2003. degradation. prevent the WAI ducts from collapsing, ADDRESSES: Submit comments in cracking, or rupturing, and consequent TCCA Airworthiness Directive triplicate to the Federal Aviation leakage of hot air in the under-floor Administration (FAA), Transport TCCA issued airworthiness directive pressurized area of the fuselage when Airplane Directorate, ANM–114, CF–2003–07, effective on March 25, the anti-ice system is turned on. Such Attention: Rules Docket No. 2003–NM– 2003, to ensure the continued leakage of hot air results in insufficient 98–AD, 1601 Lind Avenue, SW., airworthiness of these airplanes in heat for the anti-ice system and Renton, Washington 98055–4056. Canada. The Canadian airworthiness consequent aerodynamic degradation. Comments may be inspected at this directive requires an amendment to the This AD requires a revision to the location between 9 a.m. and 3 p.m., Master Minimum Equipment List Limitations Section of the Airplane Monday through Friday, except Federal (MMEL)/Minimum Equipment List Flight Manual (AFM) to prohibit holidays. Comments may be submitted (MEL) to prohibit operations into known operations into known or forecast icing via fax to (425) 227–1232. Comments or forecast icing conditions under conditions under certain conditions. may also be sent via the Internet using certain conditions, and accomplishment This AD also requires accomplishment the following address: 9–anm– of the actions specified in CRJ 700/900 of the actions specified in the service [email protected]. Comments sent Series Regional Jet (Bombardier) Alert bulletin described previously, except as via the Internet must contain ‘‘Docket Service Bulletin A670BA–30–007 described below. No. 2003–NM–98–AD’’ in the subject (described below). line and need not be submitted in Differences Between This AD and triplicate.