Federal Register / Vol. 61, No. 130 / Friday, July 5, 1996 / Rules and Regulations 35111

appearing before the amendatory

instruction 2 incorrectly states that

§ 946.248 will not appear in the Code of

Federal Regulations. Pursuant to 5

U.S.C. 553, it is also found and

determined that good cause exists for

not postponing the effective date of this

rule until 30 days after publication in

the Federal Register because: (1) The

Committee needs to have sufficient

funds to pay its expenses which are

incurred on a continuous basis; (2) the

1996–97 fiscal period begins on July 1,

1996, and the marketing order requires

that the rate of assessment for each

fiscal period apply to all assessable

potatoes handled during such fiscal

period; (3) handlers are aware of this

action which was unanimously

recommended by the Committee at a

public meeting and is similar to other

assessment rate actions issued in past

years; and (4) an interim final rule was

published on this action and provided

for a 30-day comment period, and no

comments were received.

List of Subjects in 7 CFR Part 946

Marketing agreements, Potatoes,

Reporting and recordkeeping

requirements.

PART 946—IRISH POTATOES GROWN

IN WASHINGTON

Accordingly, the interim final rule

amending 7 CFR part 946 which was

published at 61 FR 20119 on May 6,

1996, is adopted with the following

correction to the note immediately

following amendatory instruction 2. The

note should read:

Note: This section will appear in the

annual Code of Federal Regulations.

Dated: June 26, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–16852 Filed 7–3–96; 8:45 am]

BILLING CODE 3410–02–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 301

[INS No. 1736–95]

RIN 1115–AE19

Acquisition of Citizenship; Equal

Treatment of Women in Conferring

Citizenship on Children Born Abroad

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule amends the

Immigration and Naturalization Service

(Service) regulations by establishing

procedures for certain United States

citizen women to confer citizenship on

their children born outside of the

United States before noon (Eastern

Standard Time) May 24, 1934. The

purpose of this rule is to ensure that all

women receive equal treatment under

laws relating to nationality.

Implementation of the rule would allow

for the issuance of certificates of

citizenship to certain foreign-born

children previously ineligible to acquire

citizenship from their United States

citizen mothers.

DATES: This interim rule is effective July

5, 1996. Written comments must be

submitted on or before September 3,

1996.

ADDRESSES: Please submit written

comments, in triplicate, to the Director,

Policy Directives and Instructions

Branch, Immigration and Naturalization

Service, 425 I Street, NW., Room 5307,

Washington, DC 20536. To ensure

proper handling, please reference INS

number 1736–95 on your

correspondence. Comments are

available for public inspection at the

above address by calling (202) 514–3048

to arrange for an appointment.

FOR FURTHER INFORMATION CONTACT:

Jane B. Barker, Adjudications Officer,

Adjudications Branch, Immigration and

Naturalization Service, 425 I Street,

NW., Room 3214, Washington, DC

20536, telephone (202) 514–5014.

SUPPLEMENTARY INFORMATION:

Background

Prior to the enactment of the

Immigration and Nationality Technical

Corrections Act of 1994 (INTCA), Public

Law 103–416, dated October 25, 1994, a

child born abroad before noon (Eastern

Standard Time (EST) May 24, 1934, to

an alien father and United States citizen

mother could not acquire United States

citizenship through his or her mother.

If, however, the mother was the alien

and the father was the United States

citizen, the child could become a citizen

through his or her father, pursuant to

Section 1993 of Revised Statutes,

February 10, 1855, 10 Stat. 604.

On May 24, 1934, Congress amended

Section 1993 of the Revised Statutes so

that children born abroad to parents,

only one of whom was a United States

citizen, would become citizens

regardless of whether the citizen was

the father or the mother. The 1934

amendment, however, was not

retroactive. Subsection 101(a)(2) of

INTCA amended the Immigration and

Nationality Act (the Act) by adding a

new subsection 301(h) to provide for the

acquisition of United States citizenship

from either parent for persons born

abroad before noon (EST) May 24, 1934,

to parents, only one of whom is a

United States citizen.

Section 301(h)

Under section 301(h) of the Act, a

person born abroad before noon (EST)

May 24, 1934, to a United States citizen

mother and an alien father, may now

acquire United States citizenship if his

or her mother resided in the United

States prior to the person’s birth. A

person who qualifies for United States

citizenship under section 301(h) of the

Act shall not be subject to any

provisions of law that provided for loss

of citizenship or nationality (including

section 301(b) of the Act (as in effect

before October 10, 1978) and the

provisos of section 201(g) of the

Nationality Act of 1940) if the person

failed to come to, reside, or be

physically present in the United States.

For purposes of transmission of

citizenship, section 301(h) shall have no

effect on the residence and retention

requirements for those persons born

abroad to a citizen parent and an alien

parent between May 24, 1934, and

October 10, 1978. Section 301(h) also

shall have no effect on the validity of

the citizenship of anyone who obtained

United States citizenship under section

1993 of the Revised Statutes (as in effect

before the enactment of the Act of May

24, 1934, 49 Stat. 797). Further, section

301(h) shall not confer citizenship on,

nor have any effect on, the validity of

any denaturalization, deportation, or

exclusion action against any person who

is or was excludable from the United

States for participation in Nazi

persecution or genocide, or who was

excluded from, or who would not have

been eligible for admission to the

United States under the Displaced

Persons Act of 1948 or under section 14

of the Refugee Relief Act of 1953.

Procedures for Acquiring United States

Citizenship Under Section 301(h)

A person who is eligible for benefits

under section 301(h) may make his or

her citizenship claim in the United

States with the Attorney General or

abroad with the Secretary of State. A

person who currently resides in the

United States may file Form N–600,

Application for Certificate of

Citizenship, accompanied by the fee

specified in 8 CFR 103.7(b)(1), with the

Service office having jurisdiction over

the applicant’s place of residence, or

with such other Service office as the

Commissioner may designate. The

application shall be supported by
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