Amendment of Filing Deadline for Naturalization for Philippine Veterans of World War II Based Upon Active Duty Service in the United States Armed Forces During Specified Periods of Hostilities [60 FR 45658][FR 50-95]

DOCUMENT NUMBER: FR 50 - 95

FEDERAL REGISTER CITE: 60 FR 45658

DATE PUBLISHED: September 1, 1995

BILLING CODE: 4410-10

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 329

[INS No. 1404-95]

RIN 1115-AC34

Amendment of Filing Deadline for Naturalization for Philippine

Veterans of World War II Based Upon Active Duty Service in the

United States Armed Forces During

Specified Periods of Hostilities

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final Rule.

SUMMARY: This final rule amends the date previously published in the Federal Register as the final date applications must be received by the Service in order to be considered applications for naturalization under section 405 of the Immigration and Naturalization Act of 1990. This rule is necessary to correct an oversight in the calculation of the filing deadline and to ensure that Philippine veterans of World War II who missed the originally published filing deadline are afforded the opportunity for naturalizatio n under this provision.

EFFECTIVE DATE: September 1, 1995.

FOR FURTHER INFORMATION CONTACT: W.R. Tillifson, Adjudications Officer, Adjudications Division, Naturalization and Special Projects Branch, Immigration and Naturalization Service, 425 I Street, NW., room 3214, Washington, DC 20536, telephone 202-514-5014.

SUPPLEMENTARY INFORMATION: Under current regulations, the final date applications had to be received by the Service in order to be considered under section 405 of the Immigration Act of 1990, Public Law No. 101-649, was February 2, 1995. The correct date should have been February 3, 1995. Accordingly, 8 CFR 329.5 is being amended to reflect the correct final date for filing. Philippine veterans of World War II who failed to file applications on February 2, 1995, but filed applications on February 3, 1995, will be considered for n aturalization under section 405 of the Immigration Act of 1990.

The Service's immediate implementation of this rule as a final rule is based on the "good cause" exception found at 5 U.S.C. 553(d)(3). This rule simply corrects the filing deadline for section 405 applications thereby benefitting applicants who were denied consideration for failure to apply by the February 2, 1995, deadline.

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 this rule will not have a significant economic impact on a substantial number of small entities. This rule simply corrects the filing deadline for 405 applications thereby benefitting applicants who were denied consideration for failure to apply by the February 2, 1995 deadline. This amendment has no financial im pact on applicants eligible under this provision.

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 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 it will not have a significant negative impact on family well-being.

List of Subjects in 8 CFR Part 329

Armed Forces, Citizenship and Naturalization, Veterans.

According, part 329 of chapter I of title 8 of the Code of Federal Regulations is amended as follows:

PART 329--SPECIAL CLASSES OF PERSONS WHO MAY BE NATURALIZED: NATURALIZATION BASED UPON ACTIVE DUTY SERVICE IN THE UNITED STATES ARMED FORCES DURING SPECIFIED PERIODS OF HOSTILITIES

1. The authority citation for part 329 continues to read as follows:

Authority: 8 U.S.C. 1103, 1440, 1443.

§ 329.5 [Amended]

2. In § 329.5, paragraph (e) is amended by revising the date: "February 2, 1995" to read: "February 3, 1995"

August 25, 1995 _________________ Dated:

Signed _______________________________ Doris Meissner, Commissioner,Immigration and Naturalization Service.