35112 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations

documentary and other evidence

essential to establish the claimed

citizenship, such as birth, adoption,

marriage, death, and divorce certificates.

Applicants will be notified, in writing,

of the date and time to appear for an

interview. If an applicant fails to appear

for a required interview without good

cause, the application will not be

approved and may be denied. Upon

completion of the interview, if all

requirements are met, the applicant will

be required to take the oath of

allegiance, as prescribed under 8 CFR

part 337, and will be issued a certificate

of citizenship.

A person who currently resides

abroad and is eligible for citizenship

under section 301(h) may proceed to a

United States embassy or consulate for

an interview under oath concerning his

or her claim of citizenship, in

accordance with such regulations as

may be prescribed by the Secretary of

State.

The Service’s implementation of this

rule as an interim rule, with provisions

for post-promulgation public comment,

is based upon the ‘‘good cause’’

exceptions found at 5 U.S.C. 553(b)(B)

and (d)(3). The reason for immediate

implementation of this interim rule is as

follows: This rule provides a benefit to

the public by ensuring that all women

receive equal treatment under laws

relating to nationality.

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 economic effect

on a substantial number of small entities

because of the following factors. This

interim rule establishes procedures for

certain United States citizen women to

confer citizenship on their children

born outside of the United States before

May 24, 1934. The affected parties are

not small entities, and the effect of the

regulation is not an economic one.

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

This regulation 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.

Paperwork Reduction Act

The information collection

requirements contained in this rule have

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 part

299.5, Display of Control Numbers.

List of Subjects in 8 CFR Part 301

Citizenship and naturalization,

Reporting and recordkeeping

requirements.

Accordingly, chapter I of title 8 of the

Code of Federal Regulations is amended

by adding a new part 301 to subchapter

C to read as follows:

PART 301—NATIONALS AND

CITIZENS OF THE UNITED STATES AT

BIRTH

Sec.

301.0 Procedures.

Authority: 8 U.S.C. 1103, 1401; 8 CFR part

2.

§ 301.1 Procedures.

(a) Application. (1) A person residing

in the United States who desires to

become a United States citizen pursuant

to section 301(h) of the Act shall submit

an application on Form N–600,

Application for Certificate of

Citizenship, as provided in 8 CFR part

341. Such application shall be filed with

the Service office having jurisdiction

over the applicant’s place of residence,

or with such other Service office as the

Commissioner may designate. It must be

accompanied by the fee specified in 8

CFR 103.7(b)(1). The application also

must be accompanied by supporting

documentary and other evidence

essential to establish the claimed

citizenship, such as birth, adoption,

marriage, death, and divorce certificates.

The applicant will be notified in writing

when and where to appear before a

Service officer for examination on his or

her application.

(2) A person residing outside of the

United States who desires to become a

United States citizen under subsection

301(H) of the Act shall make his or her

claim at a United States embassy or

consulate, in accordance with such

regulations as may be prescribed by the

Secretary of State. (b) Oath of

allegiance; issuance of certificate (1)

Upon determination by the district

director that a person is eligible for

United States citizenship pursuant to

section 301(h) of the Act, the person

shall take the oath of allegiance,

prescribed in 8 CFR part 337, before an

officer of the Service designated to

administer the oath of allegiance within

the United States, and a certificate of

citizenship shall be issued. The person

shall be considered a United States

citizen as of the date of his or her birth.

(2) A person residing outside of the

United States who is eligible for United

States citizenship under section 301(h)

of the Act shall take the oath of

allegiance abroad before any diplomatic

or consular officer of the United States,

in accordance with such regulations as

may be prescribed by the Secretary of

State. The person shall be considered a

United States citizen as of the date of

his or her birth.

Dated: May 23, 1996.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 96–17157 Filed 7–3–96; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF ENERGY

10 CFR Parts 205 and 1003

Administrative Procedures and

Sanctions; Office of Hearings and

Appeals Procedural Regulations;

Removal of Unnecessary Regulations

AGENCY: Department of Energy.

ACTION: Final rule.

SUMMARY: The Department of Energy is

amending the Code of Federal

Regulations (CFR) to apply existing

procedural rules to certain petroleum

proceedings and to remove unnecessary

regulations. This action is being taken in

response to the President’s Regulatory

Reform Initiative to eliminate

unnecessary regulations and streamline

existing rules.

EFFECTIVE DATE: August 5, 1996.

FOR FURTHER INFORMATION CONTACT:

Thomas O. Mann, Deputy Director,

Office of Hearings and Appeals, (HG–

20), U.S. Department of Energy, 1000

Independence Avenue, SW.,

Washington, DC 20585–0107, (202) 426–

1492.

SUPPLEMENTARY INFORMATION: In

connection with the President’s

Regulatory Reinvention Initiative, the

Department of Energy (Department or

DOE) is engaged in a continuing and
Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35113

comprehensive review of its regulatory

program. As part of that review, the

Department is removing from Title 10 of

the CFR those regulations for which

statutory authority has expired or been

superseded by subsequent legislation,

and those regulations that are no longer

necessary to the agency’s mission, as

well as regulations governing unfunded

and nonfunctioning programs. The DOE

has already published final rules

removing obsolete regulations on

September 22, 1995 (60 FR 49195) and

December 5, 1995 (60 FR 62316).

The Department has identified the

following regulations for removal:

10 CFR Part 205—Subpart D Exception

10 CFR Part 205—Subpart E Exemption

10 CFR Part 205—Subpart H Appeal

10 CFR Part 205—Subpart I Stay and

Temporary Exception

10 CFR Part 205—Subpart J

Modification or Rescission

10 CFR Part 205—Subpart R Office of

Private Grievances and Redress

Part 205 establishes the procedures to

be utilized and identifies the sanctions

that are available in proceedings before

the Department of Energy concerning

the pricing and allocation of crude oil

under parts 209 and 214. Parts 209

through 214 implement the provisions

of the Emergency Petroleum Allocation

Act of 1973 (Pub L. 93–159, as

amended) which expired in 1981. The

Department has determined that subpart

D, subpart E, subpart H, subpart I,

subpart J, and subpart R of part 205,

which set forth procedures that apply to

crude oil regulation, are no longer

necessary. Part 205 also provides certain

procedural protections required by

section 504 of the Department of Energy

Organization Act for persons affected by

oil-related regulations issued under

authority of the Federal Energy

Administration Act, the Emergency

Petroleum Allocation Act of 1973, the

Energy Supply and Environmental

Coordination Act of 1974, or the Energy

Policy and Conservation Act, 42 U.S.C.

7194. As described below, for the few

oil-related cases currently under appeal

in the courts or the Federal Energy

Regulatory Commission, the procedural

protections of 10 CFR part 1003, which

are substantially the same as in part 205,

will be available in the event of a

remand to the Department.

The Department is aware of the

possibility that, in certain instances,

proceedings initiated under 10 CFR

parts 209 through 214, and as yet not

concluded, may be remanded to the

Office of Hearings and Appeals for

further proceedings. The Department

has, in place, regulations that govern the

procedures for exceptions, appeals,

stays, modifications, recessions, redress

and resolution of private grievances that

apply agency-wide, 10 CFR part 1003.

To protect the rights of any party to a

proceeding remanded to the Office of

Hearings and Appeals, today’s

regulation amends part 205 to provide

that a person’s right to exceptions,

exemptions, appeals, stays,

modifications, recessions, redress or

resolution of private grievances under

the statutes set forth in section 504 of

the Department of Energy Organization

Act shall be governed by the procedural

rules in 10 CFR part 1003. The

Department is revising 10 CFR 1003.1 to

permit the application of the Office of

Hearings and Appeals procedural

regulations to matters which relate to

the federal oil regulations that are no

longer covered by part 205. Finally, the

Department is revising 10 CFR 1003.20

to apply to exemptions and adjustments

as provided for in 42 U.S.C. 7194.

Rulemaking Analyses

Regulatory Planning and Review

The elimination of unnecessary

regulations does not constitute a

‘‘significant regulatory action’’ as

defined in section 3(f) of Executive

Order 12866 (58 FR 51735); therefore,

this rulemaking has not been reviewed

by the Office of Information and

Regulatory Affairs of the Office of

Management and Budget.

Federalism

The Department has analyzed this

rulemaking in accordance with the

principles and criteria contained in

Executive Order 12612, and has

determined that there are no federalism

implications that would warrant the

preparation of a Federalism Assessment.

National Environmental Policy Act

This rule amends Title 10 of the Code

of Federal Regulations by removing

regulations that are unnecessary. This

rulemaking will not change the

environmental effect of the regulations

being amended because the regulations

have no current environmental effect.

The Department has therefore

determined that this rule is covered

under the Categorical Exclusion found

at paragraph A.5 of Appendix A to

Subpart D, 10 CFR Part 1021, which

applies to a rulemaking amending an

existing regulation that does not change

the environmental effect of the

regulation being amended.

Paperwork Reduction Act

This rulemaking contains no reporting

requirement that is subject to OMB

approval under 5 CFR Part 1320,

pursuant to the Paperwork Reduction

Act of 1980 (44 U.S.C. 3501 et seq.).

Final Rulemaking

As the foregoing discussion indicates,

the Code of Federal Regulation subparts

being removed are no longer necessary.

The procedural protections afforded by

these subparts are available under 10

CFR part 1003. Accordingly, the

Department has determined, pursuant to

5 U.S.C. 553, that there is good cause to

conclude that prior notice and

opportunity for public comment is

unnecessary and contrary to the public

interest.

Regulatory Flexibility Act

The Regulatory Flexibility Act, 5

U.S.C. 601 et seq., directs agencies to

prepare a regulatory flexibility analysis

whenever an agency is required to

publish a general notice of proposed

rulemaking for a rule. As discussed

above, the Department has determined,

that prior notice and opportunity for

public comment is unnecessary and

contrary to the public interest. In

accordance with 5 U.S.C. 604(a), no

regulatory flexibility analysis has been

prepared for today’s rule.

Congressional Notification

The Small Business Regulatory

Enforcement Fairness Act of 1996

requires agencies to report to Congress

on the promulgation of certain final

rules prior to their effective dates. 5

U.S.C. 801. That reporting requirement

does not apply to the final rule in this

notice because it falls within a statutory

exception for procedural rules that do

not substantially affect the substantive

rights or obligations of non-agency

persons. 5 U.S.C. 804(3)(C).

List of Subjects

10 CFR Part 205

Administrative practice and

procedure, Petroleum allocation,

Petroleum price regulations.

10 CFR Part 1003

Administrative practice and

procedure.

Issued in Washington, DC, on June 28,

1996.

George B. Breznay,

Director, Office of Hearings and Appeals.

For the reasons set forth in the

preamble, title 10 of the Code of Federal

Regulations is amended as set forth

below:
35114 Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations

PART 205—ADMINISTRATIVE

PROCEDURES AND SANCTIONS

1. The authority citation for part 205

is revised to read as follows:

Authority: Emergency Petroleum

Allocation Act of 1973, Pub. L. 93–159;

Federal Energy Administration Act of 1974,

Pub. L. 93–275 (88 Stat. 96; E.O. 11790, 39

FR 23185); 42 U.S.C. 7101 et seq., unless

otherwise noted.

2. Section 205.1 is revised to read as

follows:

§ 205.1 Purpose and scope.

This part establishes the procedures

to be utilized and identifies the

sanctions that are available in

proceedings before the Department of

Energy and State Offices, in accordance

with parts 209 through 214 of this

chapter. Any exception, exemption,

appeal, stay, modification, recession,

redress or resolution of private

grievance sought under the authority of

42 U.S.C. 7194 shall be governed by the

procedural rules set forth in 10 CFR part

1003.

Subparts D, E, H, I, J and R [Removed]

3. Subparts D, E, H, I, J, and R of Part

205 are removed and reserved.

PART 1003—OFFICE OF HEARINGS

AND APPEALS PROCEDURAL

REGULATIONS

4. The authority citation for Section

1003 continues to read as follows:

Authority: 15 U.S.C. 761 et seq.; 42 U.S.C.

7101 et seq.

5. The last sentence of § 1003.1 is

revised to read as follows:

§ 1003.1 Purpose and scope.

* * * These rules also do not apply

to matters before the DOE Board of

Contract Appeals or other procurement

and financial assistance appeals boards,

which are covered by their own rules.

6. The first sentence of § 1003.20(a) is

revised to read as follows:

§ 1003.20 Purpose and scope.

(a) This subpart establishes the

procedures for applying for an

exception or exemption, as provided for

in section 504 (42 U.S.C. 7194) of the

Department of Energy Organization Act

(42 U.S.C. 7101 et seq.), from a rule,

regulation or DOE action having the

effect of a rule as defined by 5 U.S.C.

551(4), based on an assertion of serious

hardship, gross inequity or unfair

distribution of burdens, and for

consideration of such application by the

OHA. * * *

* * * * *

[FR Doc. 96–17066 Filed 7–3–96; 8:45 am]

BILLING CODE 6450–01–P

10 CFR Parts 205 and 463

Administrative Procedures and

Sanctions; Annual Reports From

States and Nonregulated Utilities on

Progress in Considering the

Ratemaking and Other Regulatory

Standards Under the Public Utility

Regulatory Policies Act of 1978;

Removal of Unnecessary or Obsolete

Regulations

AGENCY: Department of Energy.

ACTION: Final rule.

SUMMARY: The Department of Energy is

amending the Code of Federal

Regulations (CFR) to remove

unnecessary regulations. This action is

being taken in response to the

President’s Regulatory Reform Initiative

to eliminate unnecessary regulations

and streamline existing rules.

EFFECTIVE DATE: August 5, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Romulo L. Diaz, Jr., Director,

Rulemaking Support, Office of the

General Counsel, (GC–75), U.S.

Department of Energy, 1000

Independence Avenue, SW.,

Washington, DC 20585, (202) 586–2902.

SUPPLEMENTARY INFORMATION: In

connection with the President’s

Regulatory Reinvention Initiative, the

Department of Energy (Department or

DOE) is engaged in a continuing and

comprehensive review of its regulatory

program. As part of that review, the

Department is removing from Title 10 of

the CFR those regulations for which

statutory authority has expired or been

superseded by subsequent legislation,

those regulations that are no longer

necessary to the agency’s mission, as

well as regulations governing unfunded

and nonfunctioning programs. DOE

removed obsolete regulations on

September 22, 1995 (60 FR 49195) and

December 5, 1995 (60 FR 62316).

The Department has identified the

following regulations for removal:

10 CFR Part 205—Subpart L

Rulemaking

10 CFR Part 205—Subpart P

Investigations, Violations, Sanctions,

and Judicial Actions

Part 205 establishes the procedures to

be utilized and identifies the sanctions

that are available in proceedings before

the Department of Energy, in accordance

with parts 209 through 214 concerning

the pricing and allocation of crude oil.

Parts 209 through 214 implement the

provisions of the Emergency Petroleum

Allocation Act of 1973 (Pub L. 93–159,

as amended) which expired in 1981.

Subpart L establishes the procedures

that govern a rulemaking proceeding.

Subpart P establishes procedures

relating to investigations, violations,

sanctions, and judicial actions. The

Department has determined that subpart

L and subpart P of part 205, which set

forth procedures and sanctions that

apply to crude oil regulation, are no

longer necessary.

10 CFR Part 463—Annual Reports

From States and Nonregulated Utilities

on Progress in Considering the

Ratemaking and Other Regulatory

Standards Under the Public Utility

Regulatory Policies Act of 1978

Part 463 was promulgated to

implement sections 116 and 309 of the

Public Utility Regulatory Policies Act of

1978 (‘‘Act’’), 16 U.S.C. 2626 and 15

U.S.C. 3209. Sections 116 and 309

required each State regulatory authority

and nonregulated gas utility to submit

annually a report to the Secretary of

Energy on actions taken with respect to

standards in the Act. The Act required

these reports for a 10-year period, which

expired at the end of 1989 (see 10 CFR

§ 463.3(a)). Because the authority for the

reporting requirement has expired, this

part is now obsolete.

Rulemaking Analyses

Regulatory Planning and Review

The elimination of unnecessary

regulations does not constitute a

‘‘significant regulatory action’’ as

defined in section 3(f) of Executive

Order 12866 (58 FR 51735); therefore,

this rulemaking has not been reviewed

by the Office of Information and

Regulatory Affairs of the Office of

Management and Budget.

Federalism

The Department has analyzed this

rulemaking in accordance with the

principles and criteria contained in

Executive Order 12612, and has

determined that there are no federalism

implications that would warrant the

preparation of a Federalism Assessment.

National Environmental Policy Act

This rule amends Title 10 of the Code

of Federal Regulations by removing

regulations that are unnecessary. This

rulemaking will not change the

environmental effect of the regulations

being amended because the regulations

have no current environmental effect.

The Department has therefore

determined that this rule is covered

under the Categorical Exclusion found

at paragraph A.5 of Appendix A to

Subpart D, 10 CFR Part 1021, which

applies to a rulemaking amending an

existing regulation that does not change