Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Proposed Rules 27441

f. In paragraph (g)(5)(iii)(A), by

removing ‘‘$30’’ and adding ‘‘$50’’ in its

place.

g. In paragraph (g)(5)(iii)(B), by

removing ‘‘$19’’ and adding ‘‘$23’’ in its

place.

h. In paragraph (g)(5)(iv), by removing

‘‘$30’’ and adding ‘‘$50’’ in its place.

i. In paragraph (g)(5)(v), by removing

‘‘$6’’ and adding ‘‘$7’’ in its place.

j. In paragraph (h)(2), by removing

‘‘$6’’ and adding ‘‘$7’’ in its place.

§ 354.3 User fees for certain international

services.

* * * * *

(b)(2)(vi) Any vessel which sails only

between United States and Canadian

ports, when the Master of such vessel

arriving from Canada certifies, in the

‘‘Remarks’’ block of the General

Declaration, Customs Form 1301, that

the vessel has sailed solely between the

United States and Canada for the

previous 2 years.

(Approved by the Office of Management and

Budget under control number 1515–00–62).

* * * * *

Done in Washington, DC, this 19th day of

May 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–12750 Filed 5–23–95; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 264

[INS No. 1686–95]

RIN 1115–AD87

Removal of Form I–151, Alien

Registration Receipt Card, From the

Listing of Forms Recognized as

Evidence of Registration for Lawful

Permanent Resident Aliens

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

amend the Immigration and

Naturalization Service (‘‘the Service’’)

regulations by removing Form I–151,

Alien Registration Receipt Card, from

the listing of forms recognized as

evidence of registration as a lawful

permanent resident alien. This rule is

necessary to complete the establishment

of the current Alien Registration Receipt

Card, Form I–551, as the exclusive alien

registration receipt card for use by

permanent resident aliens.

DATES: Written comments must be

submitted on or before July 24, 1995.

ADDRESSES: Please submit written

comments, in triplicate, to the Director,

Policy Directives and Instructions,

Immigration and Naturalization Service,

425 I Street, NW., Room 5307,

Washington, DC 20536, Attn: Public

Comment Clerk. To ensure proper

handling, please reference INS No.

1686–95 on your correspondence.

Comments are available for public

inspection at this location by calling

(202) 514–3048 to arrange an

appointment.

FOR FURTHER INFORMATION CONTACT:

Gerard Casale, Senior Adjudications

Officer, Immigration and Naturalization

Service, Room 3214, 425 I Street NW.,

Washington, DC 20536, telephone (202)

514–5014.

SUPPLEMENTARY INFORMATION:

Background

On September 20, 1993, the Service

published a final rule in the Federal

Register at 58 FR 48775–48780,

establishing the Form I–551, Alien

Registration Receipt Card, as the

exclusive form of registration for lawful

permanent resident aliens, by

terminating the validity of the old Form

I–151, Alien Registration Receipt Card.

In addition, the final rule provided the

procedures by which a lawful

permanent resident alien in possession

of a Form I–151 or a prior alien

registration document, such as the Form

AR–3 or AR–103, could replace these

documents with the current Form I–551.

The final rule provided that the

amendments to 8 CFR part 264

concerning the procedures for applying

for a replacement card became effective

on October 20, 1993.The final rule also

provided that the effective date for the

removal of references to the Form I–151

from 8 CFR parts 204, 211, 223, 223a,

235, 251, 252, 247a, 299, 316, and 334

would be September 20, 1994. On

September 14, 1994, the Service

published a final rule at 59 FR 47063,

delaying the effective date of the

amendments to 8 CFR parts 204, 211,

223, 235, 251, 252, 247a. 299, 316, and

334, from September 20,1994, until

March 20, 1995. On March 17, 1995, a

final rule was published in the Federal

Register at 60 FR 14353, further

delaying the effective date of the

amendments to 8 CFR parts 204, 211,

235, 251, 252, 274a, 299, 316, and 334,

from March 20, 1995, until March 20,

1996.

Removal of Form I–151 From the List

of Prescribed Service Forms

The Service’s reasons for terminating

the validity of the Form I–151, Alien

Registration Receipt Card have been

discussed in detail in the previous

notice of proposed rulemaking

published on May 28, 1993, at 58 FR

31000–31003, and in the final

rulemaking published on September 20,

1993, at 58 FR 48775–48780, which

considered and addressed the public

comments received. These rulemakings

advised the public of the Service’s

conclusion that the current Form I–551

Alien Registration Receipt Card must be

established as the exclusive Alien

Registration Receipt card because ‘‘it is

no longer sound public policy to

recognize Alien Registration Receipt

Cards that predate the use of the Form

I–551.’’ 58 FR 48775 (September 20,

1993).

In the course of that rulemaking

process, however, the intended removal

of Form I–151 from the list of prescribed

Service forms in 8 CFR 264.1(b) was

inadvertently omitted. By removing the

Form I–151 from that list, the proposed

rule would correct that previous

omission and complete the I–151 card

replacement program’s declared

objective of establishing the current

Form I–551 as the sole Alien

Registration Receipt Card recognized by

the Service. The Service intends that

this rule, if adopted, would take effect

on March 20, 1996, the date on which

the validity of the old Form I–151 Alien

Registration Receipt Card will terminate

under the final rule published March

17, 1995, at 60 FR 14353. By taking

effect upon the same date, the proposed

rule would preclude any discrepancy or

confusion over the effective date on

which the validity of the old cards will

terminate.

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 the rule will

not have a significant adverse economic

impact on a substantial number of small

entities because of the following factors.

The provisions of this rule merely

clarify the requirements of existing

regulations concerning documentation

of lawful permanent resident aliens. As

such, the new provisions have no

significant adverse economic impact on

the small entities.
27442 Federal Register / Vol. 60, No. 100 / Wednesday, May 24, 1995 / Proposed Rules

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 regulations proposed herein 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.

Executive Order 12606

The Commissioner of the Immigration

and Naturalization Service certifies that

she has assessed this rule in light of the

criteria in Executive Order 12606 and

has determined that this regulation will

not have an impact on family wellbeing.

List of Subjects in 8 CFR Part 264

Aliens, Reporting and recordkeeping

requirements.

Accordingly, part 264 of chapter I of

title 8 of the Code of Federal

Regulations is proposed to be amended

as follows:

PART 264—REGISTRATION AND

FINGERPRINTING OF ALIENS IN THE

UNITED STATES

1. The authority citation for part 264

continues to read as follows:

Authority: 8 U.S.C. 1103, 1201, 1201a,

1301–1305.

§ 264.1 [Amended]

2. In § 264.1, paragraph (b) is

amended by removing the Form Number

and Class reference to Form ‘‘I–151’’

from the listing of forms.

Dated: April 12, 1995.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 95–12717 Filed 5–23–95; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF ENERGY

Office of Energy Efficiency and

Renewable Energy

10 CFR Part 430

[Docket No: EE–RM–93–701]

Energy Conservation Program for

Consumer Products

AGENCY: Office of Energy Efficiency and

Renewable Energy, DOE.

ACTION: Proposed Rule.

SUMMARY: This document reproposes

amendments to the Department of

Energy’s clothes washer test procedure

to provide a means to test clothes

washers that are designed to lock out

wash/rinse temperature selections from

the normal cycle.

DATES: Consumer usage test data for

clothes washers that ‘‘lockout’’ certain

temperature selections shall be provided

to DOE by June 30, 1995, and will be

placed in Department’s Freedom of

Information Reading Room. Comments,

including comments on any consumer

usage data that are submitted, shall be

provided by July 31, 1995.

ADDRESSES: Written comments and data

(ten copies) are to be submitted to: U.S.

Department of Energy, Office of Energy

Efficiency and Renewable Energy,

Proposed Test Procedures for Clothes

Washers, Docket No. EE–RM–93–701,

Forrestal Building, 1000 Independence

Avenue, SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT:

P. Marc LaFrance, U.S. Department of

Energy, Office of Energy Efficiency

and Renewable Energy, Mail Station

EE–43, Forrestal Building, 1000

Independence Avenue, SW.,

Washington, DC 20585, (202) 586–

8423

Eugene Margolis, Esq., U.S. Department

of Energy, Office of General Counsel,

Mail Station GC–72, Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC 20585, (202)

586–9507

SUPPLEMENTARY INFORMATION:

I. Introduction

An amended appliance energy

conservation standard for clothes

washers became effective May 14, 1994.

Manufacturers are required to test their

clothes washers for compliance with the

new standard using the test procedure

regulations set forth in 10 CFR Part 430,

Subpart B, Appendix J.

Whirlpool Corporation (Whirlpool)

designed a new line of clothes washers

to meet this standard which lock out a

warm rinse when the user selects a hot

water wash/warm water rinse

temperature combination setting in the

cycle Whirlpool has designated as the

‘‘normal cycle.’’ That is, although the

controls may be set for a warm rinse in

this circumstance, a cold water rinse

would be provided. However, a warm

rinse is available in all other cycles.

Thus, energy consumption in the

‘‘normal cycle’’ is lower than in the

other cycles which offer a warm rinse

option.

Whirlpool requested an informal

interpretation of the test procedure from

the Department’s Office of Energy

Efficiency and Renewable Energy in

1992, and again in early 1993.

Whirlpool asserted that the test

procedure requires all testing be

conducted in the ‘‘normal cycle’’ as

defined in Section 1.10 of the test

procedure, with the temperature

selector set to the hottest setting that is

available in the normal cycle. The Office

of Energy Efficiency and Renewable

Energy responded by letters dated

December 18, 1992, and April 21, 1993,

which disagreed with Whirlpool’s

interpretation. Whirlpool engaged in

further discussions with the

Department’s Office of General Counsel,

and after review, the General Counsel

wrote a letter to Whirlpool on October

20, 1993 stating: ‘‘Whirlpool’s

interpretation of the test procedure is

one that the Department concurs is a

permissible reading of the test

procedure. The Department believes,

however, that Whirlpool’s interpretation

may yield results not consistent with

the objectives of the Energy Policy and

Conservation Act, as amended.’’ The

letter further stated that the Department

planned to amend the test procedure to

clarify the testing requirements for

clothes washers that do not have all of

the temperature combinations available

in the normal cycle.

II. Discussion

The Department published a proposed

rule to amend the clothes washer test

procedure to address the Whirlpool

clothes washer ‘‘lockout’’ issue. 58 FR

67710 (December 22, 1993) (hereafter

referred to as the December 1993

Proposed Rule). A public hearing was

held on February 24, 1994.

The Department received eight

written comments in response to the

proposed rule and received testimony

from four persons at the public hearing.

Written comment or testimony was

provided by the American Council for

an Energy-Efficient Economy (ACEEE),

Frigidaire Company (Frigidaire),

General Electric Appliances (GEA),

Maytag Corporation (Maytag), Natural

Resources Defense Council (NRDC), the