Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Notices 31527

Waste to divest the TransAmerican

commercial small container and

disposal assets in the Houston area and

provide 2,000,000 tons of air space

rights for ten years at two USA Waste

landfills in the Houston area.

The Hold Separate Stipulation and

Order and the Stipulation and Order

ensure that the provisions of the

proposed Modified Final Judgment will

be observed and that the assets to be

divested will be held separate and

maintained as a viable competitive

entity until the divestiture takes place.

Public comments on the proposed

Modified Final Judgment should be

directed to J. Robert Kramer, Chief,

Litigation II Section, Antitrust Division,

United States Department of Justice,

1401 H Street, NW, Suite 3000,

Washington, DC 20530 (telephone: 202/

307–0924). Such comments and

responses thereto will be filed with the

Court.

Constance K. Robinson,

Director of Operations and Merger

Enforcement.

[FR Doc. 98–15209 Filed 5–8–98; 8:45 am]

BILLING CODE 4410–11–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

[INS No. 1929–98; AG Order No. 2161–98]

RIN 1115–AE26

Designation of the Province of Kosovo

in the Republic of Serbia in the State

of the Federal Republic of Yugoslavia

(Serbia-Montenegro) Under Temporary

Protected Status

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Notice.

SUMMARY: Under section 244 of the

Immigration and Nationality Act, as

amended, (the Act), the Attorney

General is authorized to grant

Temporary Protected Status (TPS) in the

United States to eligible nationals of

designated foreign states or parts of such

states (or to eligible aliens who have no

nationality and who last habitually

resided in such designated states) upon

a finding that such states are

experiencing ongoing civil strife,

environmental disaster, or certain other

extraordinary and temporary conditions.

This notice designates the Province of

Kosovo in the Republic of Serbia in the

state of the Federal Republic of

Yugoslavia (Serbia-Montenegro) for TPS

pursuant to section 244(b)(1) of the Act.

EFFECTIVE DATE: This designation is

effective on June 9, 1998 and will

remain in effect until June 8, 1999.

FOR FURTHER INFORMATION CONTACT:

Pearl Chang, Chief, Residence and

Status Branch, Adjudications,

Immigration and Naturalization Service,

425 I Street, NW., Room 3214,

Washington, DC 20536, telephone (202)

514–5014.

SUPPLEMENTARY INFORMATION:

Background

Based on a thorough review by the

Departments of State and Justice of all

available evidence, the Attorney General

finds that there is an on-going armed

conflict in the Province of Kosovo in the

Republic of Serbia in the state of the

Federal Republic of Yugoslavia (SerbiaMontenegro) (hereafter ‘‘Kosovo

Province’’) and that, due to such

conflict, requiring the return of

nationals of Serbia-Montenegro to

Kosovo Province would pose a serious

threat to their personal safety.

Kosovar Albanians constitute

approximately 90 percent of the 2

million people in the Province of

Kosovo in Serbia-Montenegro, a country

governed by a Serb-majority

government. Tensions have been

particularly high since the government’s

1989 revocation of Kosovo’s political

autonomy. In March 1998, the Serb

government crackdown left

approximately 90 Kosovar Albanians

dead, including non-combatants and

children. Although the fighting has

subsided, protests continue and the Serb

government has shown limited

cooperation with the international

community’s calls for dialogue

concerning the killings.

Residents of Kosovo Province (or

aliens having no nationality who last

habitually resided in Kosovo Province)

who have been continuously physically

present and have continuously resided

in the United States since June 9, 1998,

may apply for TPS within the

registration period which begins on June

9, 1998, and ends on June 8, 1999.

Any resident of Kosovo Province who

has already applied for, or plans to

apply for, asylum but whose asylum

application has not yet been approved

may also apply for TPS. An application

for TPS does not preclude or adversely

affect an application for asylum or any

other immigration benefit. Residents of

Kosovo Province who apply for TPS

during the initial registration period

will remain eligible to re-register for

TPS if the designation of TPS is

extended, even if an application for

asylum or another immigration benefit

is denied. However, without a TPS

application during the initial

registration period, only those residents

of Kosovo Province who satisfy the

requirements for late initial registration

under 8 CFR 244.2(f)(2) would be

eligible for TPS registration during any

extension of designation. The

requirements for late initial registration

specify that the applicant have been in

valid status or have an application for

status pending during the initial

registration period.

Residents of Kosovo Province may

register for TPS by filing an Application

for Temporary Protected Status, Form I–

821, which requires a filing fee. The

Application for Temporary Protected

Status, Form I–821, must always be

accompanied by an Application for

employment Authorization, Form I–765,

which is required for data-gathering

purposes. TPS applicants who already

have employment authorization,

including some asylum applicants, and

those who have no need for

employment authorization, including

minor children, need only pay the I–821

fee although they must complete and

file the I–765. In all other cases, the

appropriate filing fee must accompany

Form I–765, unless a properly

documented fee waiver request is

submitted under 8 CFR 244.20 to the

Service.

Notice of Designation of Kosovo

Province Under Temporary Protected

Status Program

By the authority vested in me as

Attorney General under section 244 of

the Immigration and Nationality Act, as

amended (9 U.S.C.A. 1254 (West Supp.

1997)), I find, after consultation with the

appropriate agencies of the Government,

that:

(1) There exists an ongoing armed

conflict in the Province of Kosovo in the

Republic of Serbia in the state of the

Federal Republic of Yugoslavia (SerbiaMontenegro) (hereafter ‘‘Kosovo

Province’’) and, due to such conflict, the

return of aliens who are residents of

Kosovo Province (or aliens having no

nationality who last habitually resided

in Kosovo Province) would pose a

serious threat to their personal safety as

a result of the armed conflict in that

province;

(2) There exists extraordinary and

temporary conditions in Kosovo

Province that prevent aliens who are

residents of Kosovo Province (or aliens

having no nationality who last

habitually resided in Kosovo Province)

from returning to Kosovo Province in

safety; and

(3) Permitting residents of Kosovo

Province (or aliens having no

nationality who last habitually resided
31528 Federal Register / Vol. 63, No. 110 /Tuesday, June 9, 1998 / Notices

1Unless otherwise noted, OLDE Financial and its

affiliates are collectively referred to herein as OLDE.

in Kosovo Province) to remain

temporarily in the United States is not

contrary to the national interest of the

United States.

Accordingly, it is ordered as follows:

(1) Kosovo Province is designated

under sections 244(b)(1) (A) and (C) of

the Act. Residents of Kosovo Province

(or aliens having no nationality who last

habitually resided in Kosovo Province)

who have been continuously physically

present and have continuously resided

in the United States since June 9, 1998,

may apply for TPS within the

registration period which begins on June

9, 1998, and ends on June 8, 1999.

(2) I estimate that there are no more

than 5,000 residents of Kosovo Province

(or aliens having no nationality who last

habitually resided in Kosovo Province)

who are currently in nonimmigrant or

unlawful status and therefore eligible

for TPS.

(3) Except as may otherwise be

provided, applications for TPS by

residents of Kosovo Province (or aliens

having no nationality who last

habitually resided in Kosovo Province)

must be filed pursuant to the provisions

of 8 CFR part 244. Aliens who wish to

apply for TPS must file an Application

for Temporary Protected Status, Form I–

821, together with an Application for

Employment Authorization, Form I–

765, during the registration period,

which begins on June 9, 1998, and will

remain in effect until June 8, 1999.

(4) A fee prescribed in 8 CFR

103.7(b)(1) (currently fifty dollars ($50))

will be charged for each Application for

Temporary Protected Status, Form I–

821, filed during the registration period.

(5) The fee prescribed in 8 CFR

103.7(b)(1) (currently seventy dollars

($70)) will be charged for each

Application for Employment

Authorization, Form I–765, filed by an

alien requesting employment

authorization. An alien who does not

wish to request employment

authorization must nevertheless file

Form I–765, together with Form I–821,

for data gathering purposes, but in such

cases Form I–765 will be without fee.

(6) Pursuant to section 244(b)(3)(A) of

the Act, the Attorney General will

review, at least 60 days before June 8,

1999, the designation of Kosovo

Province under the TPS program to

determine whether the conditions for

designation continue to exist. Notice of

that determination, including the basis

for the determination, will be published

in the Federal Register. If there is an

extension of designation, late initial

registration for TPS shall be allowed

only pursuant to the requirements of 8

CFR 244.2(f)(2).

(7) Information concerning the TPS

program for residents of Kosovo

Province (or aliens having no

nationality who last habitually resided

in Kosovo Province) will be available at

local Immigration and Naturalization

Service offices upon publication of this

notice.

Dated: June 3, 1998.

Janet Reno,

Attorney General.

[FR Doc. 98–15329 Filed 6–8–98; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF LABOR

Pension and Welfare Benefits

Administration

[Prohibited Transaction Exemption 98–25;

Exemption Application No. D–10410, et al.]

Grant of Individual Exemptions; Smart

Retirement The OLDE 401(k) Plan

AGENCY: Pension and Welfare Benefits

Administration, Labor.

ACTION: Grant of Individual Exemptions.

SUMMARY: This document contains

exemptions issued by the Department of

Labor (the Department) from certain of

the prohibited transaction restrictions of

the Employee Retirement Income

Security Act of 1974 (the Act) and/or

the Internal Revenue Code of 1986 (the

Code).

Notices were published in the Federal

Register of the pendency before the

Department of proposals to grant such

exemptions. The notices set forth a

summary of facts and representations

contained in each application for

exemption and referred interested

persons to the respective applications

for a complete statement of the facts and

representations. The applications have

been available for public inspection at

the Department in Washington, DC. The

notices also invited interested persons

to submit comments on the requested

exemptions to the Department. In

addition the notices stated that any

interested person might submit a

written request that a public hearing be

held (where appropriate). The

applicants have represented that they

have complied with the requirements of

the notification to interested persons.

No public comments and no requests for

a hearing, unless otherwise stated, were

received by the Department.

The notices of proposed exemption

were issued and the exemptions are

being granted solely by the Department

because, effective December 31, 1978,

section 102 of Reorganization Plan No.

4 of 1978 (43 FR 47713, October 17,

1978) transferred the authority of the

Secretary of the Treasury to issue

exemptions of the type proposed to the

Secretary of Labor.

Statutory Findings

In accordance with section 408(a) of

the Act and/or section 4975(c)(2) of the

Code and the procedures set forth in 29

CFR Part 2570, Subpart B (55 FR 32836,

32847, August 10, 1990) and based upon

the entire record, the Department makes

the following findings:

(a) The exemptions are

administratively feasible;

(b) They are in the interests of the

plans and their participants and

beneficiaries; and

(c) They are protective of the rights of

the participants and beneficiaries of the

plans.

SmartRetirement: The OLDE 401(k)

Plan (the Plan), Located in Detroit, MI

[Prohibited Transaction Exemption 98–25;

Application No. D–10410]

Exemption

Section I. Covered Transactions

The restrictions of sections 406(a)(1)

(B) and (D) and 406(b) of the Act and the

sanctions resulting from the application

of section 4975 of the Code, by reason

of section 4975(c)(1) (B), (D), (E) and (F)

of the Code, shall not apply, (1) effective

October 4, 1996, to the past and

continuing receipt, by OLDE Discount

Corporation (OLDE Discount), a wholly

owned subsidiary of OLDE Financial

Corporation (OLDE Financial), the Plan

sponsor, of a portion of certain

distribution fees that are paid by third

party mutual funds (the Funds) to OLDE

Discount pursuant to Rule 12b–1 (Rule

12b–1; the 12b–1 Fees) under the

Investment Company Act of 1940 (the

1940 Act) and which are attributable to

Plan assets that are invested in the

Funds; and (2) the proposed cash rebate

of such 12b–1 Fees, by OLDE Discount,

to either the Plan or to the individuallydirected accounts (the Accounts) of the

participants in the Plan.1

The transactions are conditioned on

the requirements set forth below in

Section II.

Section II. General Conditions

(a) The decision to invest the assets of

an Account in the Funds is made by a

Plan participant and not by OLDE nor

is OLDE providing ‘‘investment advice’’

to the participant within the meaning of

section 3(21) of the Act.

(b) No sales commissions, other than

12b–1 Fees, are paid by an Account in