[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Rules and Regulations]
[Page 9774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4257]



-----------------------------------------------------------------------


DEPARTMENT OF JUSTICE
8 CFR Part 299

[INS No. 1651N-95]
RIN 1115-AD64


Form I-589; Request for Asylum and Withholding of Deportation in 
the United States: Establishment of Compliance Date

agency: Immigration and Naturalization Service, Justice.

action: Final rule.

-----------------------------------------------------------------------

summary: This rule amends the Immigration and Naturalization Service's 
(Service) regulations by updating the listing of forms currently in use 
by the Service to reflect the current edition date (November 16, 1994) 
and title of the Form I-589, Application for Asylum and for Withholding 
of Deportation. This update is necessary to ensure that only the 
current edition of the Form I-589 listed in the regulations is used. 
Applications submitted on prior versions of the Form I-589 will not be 
accepted after March 24, 1995.

dates: This rule is effective February 22, 1995. Applications submitted 
on the prior versions of the Form I-589 will not be accepted after 
March 24, 1995.

for further information contact: Christine Davidson, Senior Policy 
Analyst, Office of International Affairs, Immigration and 
Naturalization Service, 425 ``I'' Street NW., Washington, DC 20536, 
Attn: ULLICO, Third Floor, Telephone: (202) 633-4389.

supplementary information: On November 4, 1994, a notice of revision of 
the Form I-589 was published in the Federal Register at 59 FR 55289. On 
November 28, 1994, the revised Form I-589 was approved by the Office of 
Management and Budget (OMB) for use by the Service under the provisions 
of the Paperwork Reduction Act. This rule amends 8 CFR 299.1 by 
updating the entry for the Form I-589 to reflect the current title and 
edition date (November 16, 1994).
    The Form I-589 must be submitted when an individual who is present 
in the United States applies for asylum and for withholding of 
deportation. Applications submitted using a prior version of the 
November 16, 1994, Form I-589 will no longer be accepted after March 
24, 1995, and the application will be returned by the Service. After 
March 24, 1995, the 150-day period after which the applicant may file 
an application for employment authorization in accordance with the 
regulations will not commence if the applicant submits a version of 
Form I-589 with a revision date prior to November 16, 1994.
    The deadline for use of the prior version of the Form I-589 is, in 
the view of the INS, a rule of agency procedure or practice. Therefore, 
it is not subject to the notice and comment requirements of 5 U.S.C. 
Sec. 553. The INS publishes this rule of procedure or practice in the 
Federal Register for the guidance of the public as required by 5 U.S.C. 
Sec. 552.

Regulatory Flexibility Act

    The Commissioner of the Immigration and Naturalization Service, in 
accordance with 5 U.S.C. 605(b), has reviewed this regulation and by 
approving it certifies that this rule does not have a significant 
economic impact on a substantial number of small entities. This rule is 
primarily administrative in nature and merely updates the existing 
forms listings currently contained in Title 8 of the Code of Federal 
Regulations.

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 regulation 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 well-being.

List of Subjects in 8 CFR Part 299

    Immigration, Reporting and recordkeeping requirements.

    Accordingly, part 299 of chapter I of title 8 of the Code of 
Federal Regulations, is amended as follows:

PART 299--IMMIGRATION FORMS

    1. The authority citation for part 299 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2.

    2. Section 299.1 is amended by revising the entry for ``Form I-
589'' to read as follows:


Sec. 299.1  Prescribed forms.

* * * * *
I-589  11-16-94  Application for Asylum and for Withholding of 
Deportation
* * * * *
    Dated: February 14, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-4257 Filed 2-21-95; 8:45 am]
BILLING CODE 4410-10-M