Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 29651

113.4 mg febantel, and Drontal PlusTM

tablet for medium and large dogs

containing 68 mg praziquantel, 68 mg

pyrantel base (as pyrantel pamoate), and

340.2 mg febantel. The supplement

provides for use of the tablet for removal

and control of the cestode E.

multilocularis in dogs in addition to the

previously approved use for removal of

other tapeworms (cestodes),

hookworms, ascarids, and whipworms.

Approval is based on data and

information in previously approved

NADA’s 111–607 (Droncit injectable

solution) and 111–798 (Droncit tablets).

The supplement is approved as of

March 28, 1996, and the regulations are

amended in § 520.1872(c)(1)(ii) to reflect

the approval. The basis of approval is

discussed in the freedom of information

summary.

In accordance with the freedom of

information provisions of part 20 (21

CFR part 20) and § 514.11(e)(2)(ii) (21

CFR 514.11(e)(2)(ii)), a summary of data

and information submitted to support

approval of this application may be seen

in the Dockets Management Branch

(HFA–305), Food and Drug

Administration, 12420 Parklawn Dr.,

rm. 1–23, Rockville, MD 20857, from 9

a.m. to 4 p.m., Monday through Friday.

Under section 512(c)(2)(F)(iii) of the

Federal Food, Drug, and Cosmetic Act

(21 U.S.C. 360b(c)(2)(F)(iii)), this

supplemental approval does not qualify

for marketing exclusivity because no

new clinical or field investigations

(other than bioequivalence studies),

essential to the approval, were

conducted or sponsored by the

applicant.

The agency has determined under 21

CFR 25.24(d)(1)(i) that this action is of

a type that does not individually or

cumulatively have a significant effect on

the human environment. Therefore,

neither an environmental assessment

nor an environmental impact statement

is required.

List of Subjects in 21 CFR Part 520

Animal drugs.

Therefore, under the Federal Food,

Drug, and Cosmetic Act and under

authority delegated to the Commissioner

of Food and Drugs and redelegated to

the Center for Veterinary Medicine, 21

CFR part 520 is amended as follows:

PART 520—ORAL DOSAGE FORM

NEW ANIMAL DRUGS

1. The authority citation for 21 CFR

part 520 continues to read as follows:

Authority: Sec. 512 of the Federal Food,

Drug, and Cosmetic Act (21 U.S.C. 360b).

§ 520.1872 [Amended]

2. Section 520.1872 Praziquantel,

pyrantel pamoate, and febantel tablets

is amended in paragraph (c)(1)(ii) by

adding the phrase ‘‘and for the removal

and control of tapeworm Echinococcus

multilocularis’’ before the words ‘‘in

dogs’’.

Dated: May 17, 1996.

Stephen F. Sundlof,

Director, Center for Veterinary Medicine.

[FR Doc. 96–14893 Filed 6–11–96; 8:45 am]

BILLING CODE 4160–01–F

DEPARTMENT OF STATE

Bureau of Consular Affairs

22 CFR Part 50

[Public Notice 2383]

Nationality Procedures

AGENCY: Bureau of Consular Affairs,

Department of State.

ACTION: Final rule.

SUMMARY: The Bureau of Consular

Affairs is amending its regulations

concerning Nationality Procedures.

Obsolete sections containing references

to statutes which have been repealed, or

contain inaccurate information, will be

deleted. Several sections are being

added which address recently enacted

laws. Current State Department policies

regarding loss of citizenship/nationality

are added. These amendments, as

general statements of longstanding State

Department policy, are published as

final rules.

EFFECTIVE DATE: May 22, 1996.

ADDRESSES: Interested persons are

invited to submit any questions to the

Director of Policy Review and

Interagency Liaison, Overseas Citizens

Services, Bureau of Consular Affairs,

Room 4811, U.S. Department of State,

Washington, DC 20520; Fax: (202) 647–

6201.

FOR FURTHER INFORMATION CONTACT:

Carmen A. DiPlacido, or Michael

Meszaros, Overseas Citizens Services,

Department of State, 202–647–3666 or

202–647–4994.

SUPPLEMENTARY INFORMATION: This

proposed rule implements changes

which have occurred in State

Department policy regarding nationality

procedures and as a result of recent

amendments to the Immigration and

Nationality Act (INA). (Pub. L. 103–416,

108 Stat. 4308, 10/25/94). It also

removes obsolete provisions from

subpart B and subpart C of part 50

Nationality Procedures.

Loss of Nationality/Citizenship

Section 349 of the Immigration and

Nationality Act (8 U.S.C. 1481) states

that U.S. nationals are subject to loss of

nationality if they perform certain acts

voluntarily and with the intention of

relinquishing U.S. nationality. (Note

that for purposes of determining loss of

nationality the words citizenship and

nationality are synonymous.) These

potentially expatriating acts include: (1)

Obtaining naturalization in a foreign

state; (2) taking an oath, affirmation or

other formal declaration to a foreign

state or its political subdivisions; (3)

entering or serving in the armed forces

of a foreign state engaged in hostilities

against the United States or serving as

a commissioned or non-commissioned

officer in the armed forces of a foreign

state; (4) accepting employment with a

foreign government if (a) one has the

nationality of that foreign state or (b) a

declaration of allegiance is required in

accepting the position; (5) formally

renouncing U.S. citizenship before a

U.S. consular officer outside the United

States; (6) formally renouncing U.S.

citizenship within the United States

(but only ‘‘in time of war’’); and (7)

conviction for an act of treason.

In 1990, the Bureau of Consular

Affairs adopted an administrative

presumption in determining whether or

not a U.S. citizen has performed a

potentially expatriating act with the

intention of relinquishing U.S.

nationality in three classes of loss of

citizenship cases. Specifically, when a

U.S. citizen obtains naturalization in a

foreign state, subscribes to routine

declarations of allegiance to a foreign

state, or accepts non-policy level

employment with a foreign state, the

intent to retain U.S. nationality will be

presumed. U.S. citizens who naturalize

in a foreign country; take a routine oath

of allegiance; or accept non-policy level

employment with a foreign government

need not, therefore, submit evidence of

their intent to retain U.S. nationality. A

person who affirmatively asserts to a

consular officer after he or she has

committed a potentially expatriating act

that it was his or her intention to

relinquish U.S. citizenship will,

however, lose his or her U.S.

citizenship. In all other loss of

nationality cases, the consular officer

will ascertain whether or not there is

evidence of intent to relinquish U.S.

nationality.

Retroactive Application of the

Administrative Presumption in Certain

Loss of Nationality/Citizenship Cases

Persons who previously were held to

have lost citizenship are provided the
29652 Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations

opportunity to regain their U.S.

citizenship. Citizenship will be

reinstated if, at the time the loss of

nationality was determined, the person

did not attest in writing that it was his/

her intention to relinquish U.S.

citizenship. The Department of State’s

Office of Overseas Citizens Services will

administratively review all cases

submitted to it, even cases which

previously were before the Department

of State’s Board of Appellate Review (L/

BAR). Claimants need not be

represented by an attorney. Individual

claims may be submitted to the

following address: Department of State,

Bureau of Consular Affairs, Office of

Policy Review and Interagency Liaison,

Overseas Citizens Services, 2201 C

Street NW., Washington, DC 20520–

4817.

Statutory Changes

Section 324(d) INA: Section 324 of the

INA has been amended to allow former

U.S. citizens who lost their nationality

due to noncompliance with U.S.

residency requirements under the 1940

Nationality Act or the 1952 Immigration

and Nationality Act, to regain

citizenship by taking a specific oath of

allegiance. Section 324(d) applies to

persons born between May 24, 1934 and

December 24, 1952. Former U.S. citizens

may take the oath of allegiance as

provided in section 324(d) if they are

not otherwise ineligible under section

313 INA for advocating totalitarian

forms of government. Persons qualifying

regain U.S. citizenship as of the date the

oath is taken but not retroactively to the

date upon which it was lost. Because

this amendment does not restore

citizenship, persons subject to section

324(d) will be unable to transmit

citizenship to their children born during

the period between loss and resumption

of U.S. citizenship. Persons eligible to

take advantage of this provision may do

so before the officers of the Immigration

and Naturalization Service (INS) or U.S.

consular officers abroad. The

amendments to section 324 became

effective on March 1, 1995.

The Department supported this

legislation because it eliminates the

need to adjudicate the three

complicated affirmative defenses of

unawareness, impossibility of

performance, and misinformation as

defenses to failure to fulfill retention

requirements. The Department notes

that these affirmative defenses may still

be relied upon for citizenship retention

purposes.

Section 340(d) INA: Section 340(d) of

the Immigration and Nationality Act has

been repealed by section 104(b) of the

Immigration and Nationality Technical

Corrections Act of 1994 (Pub. L. 103–

416, 108 Stat. 4308, 10/25/94). Section

340(d) provided that any naturalized

citizen who, within one year of

naturalization, returned to his or her

native country, or to any other foreign

country, and took up permanent

residence there, could have his or her

certificate of naturalization revoked by a

court.

Section 350 INA: Section 350 of the

Immigration and Nationality Act was

repealed by Section One of the

Immigration and Nationality Technical

Corrections Act of 1978 (Pub. L. 95–432,

92 Stat. 1046, 10/10/78). Section 350

had provided that any person born as a

dual national who sought any benefit

from any foreign country, lost U.S.

citizenship if he or she was over the age

of 21 and had resided in the country of

his or her other nationality for 3 years.

‘‘Benefits’’ was defined broadly to

include the use of a foreign passport, the

holding of an identification card issued

by a foreign state or the obtaining of a

special license or scholarship available

only to nationals of the foreign state.

Persons who previously were held to

have lost citizenship under Section 350

INA may have their citizenship

reinstated if they can show that they did

not intend to relinquish U.S.

citizenship.

These regulations are not expected to

have a significant economic impact on

a substantial number of small entities

under the criteria of the Regulatory

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

addition, they will not impose

information collection requirements

under the provisions of the Paperwork

Reduction Act of 1980 44 U.S.C.

Chapter 35. Nor do these final rules

have federalism implications warranting

the preparation of a Federalism

Assessment in accordance with E.O.

12612. These final rules have been

reviewed as required by E.O. 12778 and

certified to be in compliance therewith.

These rules are not exempt from review

under E.O. 12866 but have been

reviewed and found to be consistent

with the objectives thereof. Pursuant to

5 U.S.C. Section 553(b)(A), these rules

are general statements of previously

implemented policy not subject to the

general notice requirement of 5 U.S.C.

Section 553(b).

List of Subjects in 22 CFR Part 50

Nationality Procedures.

For the reasons set out in the

preamble, 22 CFR Part 50 is amended as

follows:

PART 50—[AMENDED]

Subpart B—Retention and Resumption

of Nationality

1. The authority citation for 22 CFR

Part 50 continues to read as follows:

Authority: Sec. 4, 63 Stat. 111, as

amended, secs. 104, 360, 66 Stat. 174, 273;

22 U.S.C. 2658, 8 U.S.C. 1104, 1503.

§ 50.20 [Amended]

1A. Section 50.20(a) is removed;

§ 50.20(b) is redesignated as § 50.20(a).

* * * * *

§ 50.30 [Amended]

2. Section 50.30(d) is added to read as

follows:

* * * * *

(d) Section 324(d)(1) of the

Immigration and Nationality Act. (1) A

former citizen of the United States who

did not retain U.S. citizenship by failure

to fulfill residency requirements as set

out in Section 201(g) of the 1940

Nationality Act or former 301(b) of the

1952 Immigration and Nationality Act,

may regain his/her U.S. citizenship

pursuant to Section 324(d) INA, by

applying abroad at a diplomatic or

consular post, or in the U.S. at any

Immigration and Naturalization Service

office in the form and manner

prescribed by the Department of State

and the Immigration and Naturalization

Service (INS).

(2) The applicant shall submit

documentary evidence to establish

eligibility to take the oath of allegiance,

which includes proof of birth abroad to

a U.S. citizen parent between May 24,

1934 and December 24, 1952. If the

diplomatic, consular, INS, or passport

officer determines that the applicant is

ineligible to regain citizenship under

section 313 INA, the oath shall not be

administered.

Subpart C—Loss of Nationality

§ 50.40 [Removed]

3. Section 50.40 is removed.

§ 50.41 [Redesignated as § 50.40 and

amended]

4. Section 50.41 is redesignated as

§ 50.40 and in redesignated § 50.40,

paragraphs (a), (b), (c), and (d) are

redesignated as paragraphs (c), (d), (b)

and (e); paragraph (a) is added; and

newly redesignated paragraph (b) is

revised to read as follows:

(a) Administrative presumption. In

adjudicating potentially expatriating

acts pursuant to INA 349(a), the

Department has adopted an

administrative presumption regarding

certain acts and the intent to commit

them. U.S. evidence of intent to retain
Federal Register / Vol. 61, No. 114 / Wednesday, June 12, 1996 / Rules and Regulations 29653

U.S. nationality. In these three classes of

cases, intent to retain U.S. citizenship

will be presumed. A person who

affirmatively asserts to a consular

officer, after he or she has committed a

potentially expatriating act, that it was

his or her intent to relinquish U.S.

citizenship will lose his or her U.S.

citizenship. In other loss of nationality

cases, the consular officer will ascertain

whether or not there is evidence of

intent to relinquish U.S. nationality.

(b) Whenever a person admits that he

or she had the intent to relinquish

citizenship by the voluntary and

intentional performance of one of the

acts specified in Section 349(a) of the

Immigration and Nationality Act, and

the person consents to the execution of

an affidavit to that effect, the diplomatic

or consular officer shall attach such

affidavit to the certificate of loss of

nationality.

* * * * *

§ 50.42 [Removed]

5. Section 50.42 is removed.

6. Section 50.50 is amended by

revising the first sentence to read as

follows:

§ 50.50 Renunciation of nationality.

(a) A person desiring to renounce U.S.

nationality under section 349(a)(5) of

the Immigration and Nationality Act

shall appear before a diplomatic or

consular officer of the United States in

the manner and form prescribed by the

Department. * * *

§ 50.51 [Removed]

7. Section 50.51 is removed.

§ 50.52 [Redesignated as § 50.51]

8. Section 50.52 is redesignated as

§ 50.51.

§§ 50.20 and 50.40 [Amended]

9. Sections 50.20(a), 50.20(a)(2),

50.40(b) and 50.40(d) are amended by

removing the words ‘‘his’’ and ‘‘he’’ as

applicable, and adding the words listed

below:

Section Add

50.20(a)(1) ................ ‘‘a’’.

50.20(a)(2) ................ ‘‘the person’s’’.

50.40(d) ..................... ‘‘the person’’.

Dated: April 30, 1996.

Mary A. Ryan,

Assistant Secretary for Consular Affairs.

[FR Doc. 96–13402 Filed 6–11–96; 8:45 am]

BILLING CODE 4710–06–M

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Parts 26, 301, and 602

[TD 8644]

RIN 1545–AJ11; 1545–AL75; 1545–AO89

Generation-Skipping Transfer Tax;

Correction

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Correction to final regulations.

SUMMARY: This document contains

corrections to final regulations [TD

8644] which were published in the

Federal Register for Wednesday,

December 27, 1995 (60 FR 66898). The

final regulations relate to generationskipping transfer tax.

EFFECTIVE DATE: December 27, 1995.

FOR FURTHER INFORMATION CONTACT: Jim

Hogan (202) 622–3090 (not a toll-free

number).

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are subject

to these corrections are under chapter

13 of the Internal Revenue Code.

Need for Correction

As published, the final regulations

[TD 8644] contain errors that are in need

of clarification.

Correction of Publication

Accordingly, the publication of final

regulations which are the subject of FR

Doc. 95–30873 is corrected as follows:

1. On page 66899, column 1, in the

preamble under the paragraph heading

‘‘Uniform Statutory Rule Against

Perpetuities’’, line 13, the language

‘‘alienation of a interest in property for

a’’ is corrected to read ‘‘alienation of an

interest in property for a’’.

2. On page 66902, column 1, in the

preamble under the paragraph heading

‘‘Division of a Single Trust Into Separate

Trusts’’, paragraph 3, line 3 from the

bottom, the language ‘‘for under the

original trusts. Thus, a’’ is corrected to

read ‘‘for under the original trust. Thus,

a’’.

§ 26.2601–1 [Corrected]

2a. On page 66907, column 2,

§ 26.2601–1, paragraph (b)(1)(v)(D),

Example 2, eighth line from the bottom

of the paragraph, the language, ‘‘of the

first addition), $200,000 (.2÷’’ is

corrected to read ‘‘of the first addition),

$200,000 (.2×’’.

3. On page 66907, column 2,

§ 26.2601–1, paragraph (b)(1)(v)(D),

Example 4, eighth line from the bottom

of the column, the language ‘‘GGC, for

life. Upon GGC’s death the’’ is corrected

to read ‘‘GGC, for life. Upon GGC’s

death, the’’.

4. On page 66907, column 3,

§ 26.2601–1, paragraph (b)(1)(v)(D),

Example 5, line 3, the language

‘‘Assume the same facts as in Example

3,’’ is corrected to read ‘‘Assume the

same facts as in Example 4,’’.

5. On page 66909, column 2,

§ 26.2601–1, paragraphs (b)(3)(iii)

introductory text, (b)(3)(iii)(A),

(b)(3)(iii)(A)(1), (b)(3)(iii)(A)(2),

(b)(3)(iii)(B), (b)(3)(iii)(C) are correctly

designated (b)(3)(iii)(A) introductory

text, (b)(3)(iii)(A)(1), (b)(3)(iii)(A)(1)(i),

(b)(3)(iii)(A)(1)(ii), (b)(3)(iii)(A)(2), and

(b)(3)(iii)(A)(3), respectively.

6. On page 66909, column 2,

§ 26.2601–1, newly designated

paragraph (b)(3)(iii)(A)(3) is corrected

and paragraph (b)(3)(iii)(B) is added to

read as follows:

§ 26.2601–1 Effective dates.

* * * * *

(b) * * *

(3) * * *

(iii) * * *

(A) * * *

(3) Any judgement or decree relating

to the decedent’s incompetency that was

made after October 22, 1986.

(B) Such items in paragraphs (b)(3)(iii)

(A), (B), and (C) of this section will be

considered relevant, but not

determinative, in establishing the

decedent’s state of competency.

7. On page 66909, column 3,

§ 26.2601–1, paragraph (b)(4)(i), line 5,

the language ‘‘rules in paragraph (b) (2)

or (3) of this’’ is corrected to read ‘‘rules

in paragraph (b) (1), (2) or (3) of this’’.

8. On page 66910, column 2,

§ 26.2601–1, paragraph (c), line 5 from

the top of the column, the language ‘‘on

or after [December 27, 1995].’’ is

corrected to read ‘‘on or after December

27, 1995.’’.

§ 26.2612–1 [Corrected]

9. On page 66910, column 3,

§ 26.2612–1, paragraph (a)(2)(ii), lines 5

and 6, the language ‘‘the transferor

would be assigned to a lower generation

by reason of that’’ is corrected to read

‘‘the lineal descendant would be

assigned to a higher generation by

reason of that’’.

10. On page 66910, column 3,

§ 26.2612–1, paragraph (b)(1)(i), last 3

lines are corrected by removing the

language ‘‘(i.e., a new transferor is

determined with respect to the

property)’’.