[Federal Register Volume 60, Number 35 (Wednesday, February 22, 1995)]
[Rules and Regulations]
[Page 9774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-4257]
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DEPARTMENT OF JUSTICE
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.
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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.
Sec. 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.
Sec. 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 well-being.
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:
Sec. 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]
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