This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

9773

Vol. 60, No. 35

Wednesday, February 22, 1995

GENERAL ACCOUNTING OFFICE

4 CFR Parts 28 and 29

Personnel Appeals Board; Procedural

Regulations

AGENCY: General Accounting Office

Personnel Appeals Board.

ACTION: Interim rule; extension of

comment period.

SUMMARY: The General Accounting

Office Personnel Appeals Board is

extending until March 15, 1995, the

deadline for receipt of public comments

on the interim procedural rule that it

published in the Federal Register on

November 16, 1994 (59 FR 59103).

DATES: Comments on the interim rule

must be received by the Board on or

before March 15, 1995.

ADDRESSES: Comments should be

addressed to: Patricia Reardon, Clerk of

the Board, General Accounting Office

Personnel Appeals Board, Suite 830,

Union Center Plaza II, 441 G Street,

NW., Washington, DC 20548.

FOR FURTHER INFORMATION CONTACT:

Barbara Lipsky, Attorney, Personnel

Appeals Board, 202–512–6137.

SUPPLEMENTARY INFORMATION: On

November 16, 1994, the General

Accounting Office Personnel Appeals

Board published interim procedural

regulations in the Federal Register (59

FR 59103) and requested public

comments on those regulations. The

interim regulations provide procedures

for the receipt and adjudication of

appeals filed by employees of the

Architect of the Capitol alleging

discrimination on the basis of race,

color, sex, national origin, religion, age,

or disability. The interim regulations

also include a few conforming

amendments to the procedures

governing appeals filed by employees of

the General Accounting Office, and a

change to the procedures for obtaining

judicial review of Board decisions

necessitated by a recent decision of the

United States Court of Appeals for the

District of Columbia Circuit. The

regulations have been in effect on an

interim basis since November 16, 1994.

In order to ensure that all interested

persons have an opportunity to submit

comments on the regulations, the

deadline for receipt of comments is

being extended until March 15, 1995.

The Board will carefully consider all

comments received by that date in

preparing the final regulations.

Beth L. Don,

Executive Director, Personnel Appeals Board,

U.S. General Accounting Office.

[FR Doc. 95–4287 Filed 2–21–95; 8:45 am]

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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 103

[INS No. 1404F–92]

RIN 1115–AC34

Fee for Application for Naturalization

Under Section 405 of the Immigration

Act of 1990; Form N–400

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Final rule.

SUMMARY: This rule adopts without

change, an interim rule published in the

Federal Register on May 27, 1993, by

the Immigration and Naturalization

Service (the Service), which amended

the existing fee schedule. The fee

schedule was amended to recover the

cost of providing special services under

section 405 of the Immigration Act of

1990 (IMMACT), which allows for the

naturalization of certain natives of the

Philippines, based upon qualifying

active duty military service during

World War II, who would not otherwise

be eligible for naturalization, and

section 113 of the Departments of

Commerce, State, Justice, and Related

Agencies Appropriations Act of 1993,

which permits the interview and

naturalization of these persons in the

Philippines. The fee for naturalization

in those cases was raised to recover the

cost of providing those special services

and benefits.

EFFECTIVE DATE: February 22, 1995.

FOR FURTHER INFORMATION CONTACT:

W.R. Tollifson, Adjudications Officer,

Naturalization and Special Projects

Branch, Immigration and Naturalization

Service, 451 I Street, NW., Room 3214,

Washington, DC 20536, telephone (202)

514–5014.

SUPPLEMENTARY INFORMATION:

On May 27, 1993, the Commissioner

of the Immigration and Naturalization

Service published in the Federal

Register at 58 FR 30698–30699, an

interim rule with request of comments

to amend the Service’s application fee

schedule to include a surcharge for

applications for naturalization where

the applicant will be naturalized in the

Philippines under section 405 of

IMMACT.

The public was provided with a 45-

day comment period which ended on

July 12, 1993. No comments were

received during that period.

Accordingly, the fee for those

applications processed in the

Philippines and received by the Service

on or after June 28, 1993, will remain

$120.00.

Regulatory Flexibility Act

In accordance with the Regulatory

Flexibility Act, 5 U.S.C. 605(b), the

Commissioner of the Immigration and

Naturalization Service certifies that this

rule will not have a significant adverse

economic impact on a substantial

number of small entities. This rule

merely adopts without change, an

interim rule which has been in effect

since June 28, 1993.

Executive Order 12866

This regulation 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
9774 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Rules and Regulations

have sufficient federalism implications

to warrant the preparation of a

Federalism Assessment.

Executive Order 12606

The Commissioner of 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.

The information collection

requirement contained in this rule has

been cleared by the Office of

Management and Budget under the

provisions of the Paperwork Reduction

Act. The clearance number for this

collection is contained in 8 CFR 299.5,

Display of Control Numbers.

List of Subjects in 8 CFR Part 103

Administrative practices and

procedures, Authority delegations

(Government agencies), Freedom of

Information, Privacy, Reporting and

recordkeeping requirements, Surety

bonds, Fees, Forms.

Accordingly, the interim rule

amending 8 CFR part 103 which was

published in the Federal Register on

May 27, 1993 at 58 FR 30698–30699 is

adopted as a final rule without change.

Dated: February 9, 1995.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 95–4258 Filed 2–21–95; 8:45 am]

BILLING CODE 4410–10–M

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. § 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. § 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 wellbeing.

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:

§ 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