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
Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Rules and Regulations 9775

1Standards For Electronic Bulletin Boards

Required Under Part 284 of the Commission’s

Regulations, Order No. 563–D, 60 FR 1718 (Jan. 5,

1995), 69 FERC ¶ 61,418 (Dec. 29, 1994).

2Standards For Electronic Bulletin Boards

Required Under Part 284 of the Commission’s

Regulations, Order No. 563, 59 FR 516 (Jan. 5,

1994), III FERC Stats. & Regs. Preambles ¶ 30,988

(Dec. 23, 1993), order on reh’g, Order No. 563–A,

59 FR 23624 (May 6, 1994), III FERC Stats. & Regs.

Preambles ¶ 30,994 (May 2, 1994), reh’g denied,

Order No. 563–B, 68 FERC ¶ 61,002 (1994).

3 If a release is a blended release comprised of

both a reservation rate and volumetric component,

the Working Group states that data would have to

be supplied for both fields.

4 In the argot of the data sets, they propose that

each maximum rate field would be made

conditional on the response to the Rate From Type

Code, which is a mandatory field that describes

whether the release is a (1) reservation rate, (2)

volumetric, or (3) blended release. If the Rate Form

Type Code is 1 indicating a reservation rate release,

only the maximum reservation rate must be

provided. If the Rate Form Type Code is 2

indicating a volumetric release, only the maximum

volumetric rate must be provided. If the Rate Form

Type Code is 3 indicating a blended release, both

the maximum reservation rate and maximum

volumetric rate must be provided.

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 284

[Docket No. RM93–4–007; Order No. 563–

E]

Standards for Electronic Bulletin

Boards Required Under Part 284 of the

Commission’s Regulations

Issued February 15, 1995.

AGENCY: Federal Energy Regulatory

Commission.

ACTION: Final rule; order granting

clarification and extension of time.

SUMMARY: In response to a request for

clarification submitted by the Electronic

Bulletin Board Working Group, the

Federal Energy Regulatory Commission

is issuing an order making changes to

the fields that report the maximum

natural gas pipeline tariff rate related to

released capacity. The order clarifies

that pipelines must report only the

maximum tariff rate related to the type

of release involved; e.g., the maximum

reservation rate for a reservation rate

release and the maximum volumetric

rate for a volumetric release. The order

also grants an extension of time for

pipelines to implement the new fields.

DATES: New fields must be implemented

on or before March 17, 1995.

ADDRESSES: Federal Energy Regulatory

Commission, 825 North Capitol Street,

NE., Washington, DC 20426.

FOR FURTHER INFORMATION CONTACT:

Michael Goldenberg, Office of the

General Counsel, Federal Energy

Regulatory Commission, 825 North

Capitol Street, NE., Washington, DC

20426, (202) 208–2294.

Marvin Rosenberg, Office of Economic

Policy, Federal Energy Regulatory

Commission, 825 North Capitol

Street, NE., Washington, D.C. 20426,

(202) 208–1283

Brooks Carter, Office of Pipeline and

Producer Regulation, Federal Energy

Regulatory Commission, 825 North

Capitol Street, NE., Washington, D.C.

20426, (202) 208–0292

SUPPLEMENTARY INFORMATION: In

addition to publishing the full text of

this document in the Federal Register,

the Commission also provides all

interested persons an opportunity to

inspect or copy the contents of this

document during normal business hours

in Room 3104, 941 North Capitol Street

NE, Washington DC 20426.

The Commission Issuance Posting

System (CIPS), an electronic bulletin

board service, provides access to the

texts of formal documents issued by the

Commission. CIPS is available at no

charge to the user and may be accessed

using a personal computer with a

modem by dialing (202) 208–1397. To

access CIPS, set your communications

software to 19200, 14400, 12000, 9600,

7200, 4800, 2400, 1200 or 300bps, full

duplex, no parity, 8 data bits, and 1 stop

bit. The full text of this document will

be available on CIPS for 60 days from

the date of issuance in ASCII and

WordPerfect 5.1 format. After 60 days

the document will be archived, but still

accessible. The complete text on

diskette in WordPerfect format may also

be purchased from the Commission’s

copy contractor, La Dorn Systems

Corporation, also located in Room 3104,

941 North Capitol Street, NE,

Washington DC 20426.

Order Granting Clarification and

Extension of Time

Issued February 15, 1995.

Before Commissioners: Elizabeth Anne

Moler, Chair; Vicky A. Bailey, James J.

Hoecker, William L. Massey, and Donald F.

Santa, Jr.

On January 24, 1995, the Electronic

Bulletin Board (EBB) Working Group

filed a request for clarification of the

Commission’s December 29, 1994 order

1 requiring pipelines to include

maximum rate fields as part of the

capacity release data sets adopted by the

Commission in Order No. 563.2 The

Working Group further requests an

extension of time for compliance until

the later of 30 days after the

Commission issues a clarification order

or the Gas*Flow implementation guide

is available in the Commission’s public

reference room. The Commission will

grant the requested clarification and

will extend the time for compliance

until 30 days from the date of this order.

In the December 29, 1994 order, the

Commission accepted a proposal by the

Working Group to include the

maximum tariff rate for capacity posted

for release. The Commission required

the inclusion in the Award Data Set of

the maximum reservation rate and

maximum volumetric rate for released

capacity. The Working Group had

proposed that the fields should be

considered optional, meaning that a

pipeline would include the fields only

if the pipeline chooses to do so or its

tariff requires it to include the

information. The Commission, however,

concluded that the fields should be

mandatory, because the Commission

needed maximum rate data for all

releases from all pipelines.

The Working Group requests

clarification, contending that these

fields should be designated conditional,

rather than mandatory, fields. A

mandatory designation would mean that

data must be included in both of these

fields for every release. The Working

Group argues that if a release is a

reservation rate release, there is no need

to include the maximum volumetric

rate, and vice versa.3 The Working

Group contends, therefore, that the

maximum rate fields should be made

conditional on the type of release

involved, so that only the maximum rate

related to the release would be

provided; e.g., the maximum reservation

rate for a reservation rate release and the

maximum volumetric rate for a

volumetric release.4 The Working Group

states that changing the field

designation to conditional would not

disturb the Commission requirement

that pipelines provide the maximum

rate data for all releases, but would only

serve to ensure that unnecessary

information would not be provided. The

Working Group has included revised

data sets to implement this change and

stated that the datasets would be

provided to the Gas*Flow group for

incorporation into the EDI

implementation guide.

The Commission will accept the

proposed modification to make the

fields conditional as described in the

data sets. The intent of the December 29,

1994 order was to require pipelines to

supply data on the maximum rate for

each release, but the Commission did

not intend that pipelines report a

maximum rate that was unrelated to the

type of release involved; e.g., a

maximum reservation rate for a

volumetric release. Such information
9776 Federal Register / Vol. 60, No. 35 / Wednesday, February 22, 1995 / Rules and Regulations

would be superfluous. Since the

Working Group’s proposal would

require pipelines to provide the relevant

maximum rate for all releases, the

Commission will accept it.

The Working Group further requests

that the Commission provide an

extension of time to comply with this

requirement until the later of 30 days

after the Commission issues a

clarification order or the Gas*Flow

implementation guide is available in the

Commission’s public reference room.

The Commission will grant an extension

of time until 30 days after the issuance

of this order.

Unlike the Working Group’s previous

filing, a proposed EDI implementation

guide was not provided along with the

proposed change to conditional fields.

The Commission needs the information

on maximum release rates as promptly

as possible and, given the minimum

changes necessary to implement the

change, the Commission concludes that,

if Gas*Flow has not already made the

necessary changes, it can make them

promptly. Thus, a 30 day delay is

adequate to implement the proposed

changes. Once the implementation

guide is finalized, it must be filed with

the Commission. The data sets and EDI

implementation guide will then be

incorporated into the ‘‘Standardized

Data Sets and Communication

Protocols’’ which is available at the

Commission’s Public Reference and

Files Maintenance Branch.

The Commission orders: (A) The

Commission will grant the requested

clarification and accept the conditional

fields for maximum reservation rate and

maximum volumetric rate as proposed

in the January 24, 1995 filing.

(B) Pipelines must implement these

new fields within 30 days of the date of

this order.

By the Commission.

Lois D. Cashell,

Secretary.

[FR Doc. 95–4233 Filed 2–21–95; 8:45 am]

BILLING CODE 6717–01–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 1

[TD 8588]

RIN 1545–AS70

Subchapter K—Anti-Abuse Rule;

Correction

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Correction to final regulation.

SUMMARY: This document contains

corrections to the final regulation (TD

8588) which was published in the

Federal Register for Tuesday, January 3,

1995 (60 FR 23). The final regulation

provides an anti-abuse rule authorizing

the Commissioner of Internal Revenue,

in certain circumstances, to recast a

transaction involving the use of a

partnership.

EFFECTIVE DATE: January 3, 1995.

FOR FURTHER INFORMATION CONTACT: D.

Lindsay Russell or Mary A. Berman at

202–622–3050 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The final regulation that is the subject

of these corrections is under section 701

of the Internal Revenue Code.

Need for Correction

As published, TD 8588 inadvertently

ommitted language and contains

typographical errors which may prove

to be misleading and are in need of

clarification.

Correction of Publication

Accordingly, the publication of the

final regulation which is the subject of

FR Doc. 94–32331, is corrected as

follows:

§ 1.701–2 [Corrected]

1. In the list below, for each Example

in § 1.701–2, paragraph (d), indicated in

the left column, the language in the

middle column is removed, and the

language in the right column is added.

§ 1.701–2(d) Remove Add

Example 3, heading, p. 28, 3rd column, 2nd line ......................................................... limitation, ............................. limitation;

Example 7(i), p. 29, 3rd column, 4th line ..................................................................... $100 .................................... $100x

Example 7(i), p. 29, 3rd column, 6th line ..................................................................... $6 ........................................ $6x

Example 7(i), p. 29, 3rd column, 10th line ................................................................... $50 ...................................... $50x

Example 9(i), p. 30, 3rd column, 4th line ..................................................................... $9,000, $990, and $10 ....... $9,000x, $900x, and $10x

Example 9(i), p. 30, 3rd column, 8th line ..................................................................... $10,000 ............................... $10,000x

Example 9(i), p. 30, 3rd column, 13th line ................................................................... $9,000 ................................. $9,000x

Example 9(i), p. 30, 3rd column, 14th line ................................................................... $9,000 ................................. $9,000x

Example 9(i), p. 30, 3rd column, 14th line ................................................................... $8,100 ................................. $8,100x

Example 9(i), p. 30, 3rd column, 14th line ................................................................... $891 .................................... $891x

Example 9(i), p. 30, 3rd column, 15th line ................................................................... $9 ........................................ $9x

Example 9(i), p. 30, 3rd column, 16th line ................................................................... $9,000 ................................. $9,000x

Example 9(i), p. 30, 3rd column, 22nd line .................................................................. $1,000 and $9,000 ............. $1,000x and $9,000x

Example 9(i), p. 30, 3rd column, 24th line ................................................................... $19,000 ............................... $19,000x

Example 9(i), p. 30, 3rd column, 25th line ................................................................... $10,000 ............................... $10,000x

Example 9(i), p. 30, 3rd column, 26th line ................................................................... $9,000 ................................. $9,000x

Example 9(i), p. 30, 3rd column, 27th line ................................................................... $9,000 ................................. $9,000x

Example 9(i), p. 30, 3rd column, 30th line ................................................................... $9,000, $990 ....................... $9,000x, $990x

Example 9(i), p. 30, 3rd column, 31st line .................................................................... $10 ...................................... $10x

Example 9(i), p. 30, 3rd column, 32nd line .................................................................. $8,000 ................................. $8,000x

Example 9(i), p. 30, 3rd column, 35th line ................................................................... $1,881 and $19 .................. $1,881x and $19x

Example 9(i), p. 30, 3rd column, 36th line ................................................................... $9,801 and $99 .................. $9,801x and $99x

Example 9(i), p. 30, 3rd column, 40th line ................................................................... $1,000 ................................. $1,000x

Example 9(i), p. 30, 3rd column, 41st line .................................................................... $9,000 ................................. $9,000x

Example 9(i), p. 30, 3rd column, 41st line .................................................................... $8,910 ................................. $8,910x

Example 9(i), p. 30, 3rd column, 41st line .................................................................... $90 ...................................... $90x

Example 9(i), p. 30, 3rd column, 43rd line ................................................................... $891 .................................... $891x

Example 9(i), p. 30, 3rd column, 44th line ................................................................... $9 ........................................ $9x

Example 10(i), p. 31, 1st column, 2nd line ................................................................... $100 .................................... $100x

Example 10(i), p. 31, 1st column, 2nd line ................................................................... $60 ...................................... $60x

Example 10(i), p. 31, 1st column, 10th line .................................................................. $30 ...................................... $30x

Example 10(i), p. 31, 1st column, 28th line .................................................................. $100 .................................... $100x