[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Rules and Regulations]
[Pages 31895-31896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15542]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 212

[INS No. 1751-96]
RIN 1115-AE29


Effect of Parole of Cuban and Haitian Nationals on Resettlement 
Assistance Eligibility

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This rule adopts without change an interim rule published by 
the Immigration and Naturalization Service (Service) in the Federal 
Register on July 12, 1996. The interim rule amended Service regulations 
to clarify that, with certain exceptions specified in the interim rule, 
nationals of Cuba or Haiti who were paroled into the United States 
since October 10, 1980, are to be considered to have been paroled in an 
immigration status referred to in section 501(e)(1) of the Refugee 
Education Assistance Act of 1980, Pub. L. 96-422, dated October 10, 
1980, as amended. This amendment was necessary to ensure that these 
aliens are not inadvertently considered to hold an immigration status 
other than the status referred to in section 501(e)(1).

DATES: This rule is effective June 11, 1998.

FOR FURTHER INFORMATION CONTACT: Janice B. Podolny, Associate General 
Counsel, Chief of Examinations Division, Office of the General Counsel, 
Immigration and Naturalization Service, Room 6100, 425 I Street NW., 
Washington, DC 20536, telephone: (202) 514-2895. This is not a toll-
free number.

SUPPLEMENTARY INFORMATION: On July 12, 1996, the Service published an 
interim rule in the Federal Register at 61 FR 36610-11. The interim 
rule clarified that, with certain exceptions specified in the interim 
rule, nationals of Cuba and Haiti who were paroled into the United 
States since October 10, 1980, are to be considered to have been 
paroled in the immigration status referred to in section 501(e)(1) of 
the Refugee Education Assistance Act of 1980, as amended.
    The comment period expired September 10, 1996. The Service received 
only one comment, from a commenter who supported the promulgation of 
this rule. The commenter made further comments regarding the expiration 
of the validity of Forms I-94 issued to parolees, and the parolees' 
concomitant need to obtain extensions of their parole and of their 
employment authorization. Since these further comments do not relate to 
the purpose and substance of the interim rule, nor of this final rule, 
the Service need not address these further comments in promulgating 
this final rule.

Effective Date

    Because of the urgent need to clarify the status of the aliens 
affected by the interim rule, the Commissioner found that good cause 
existed to make the interim rule effective on July 12, 1996, the date 
the Service published the interim rule in the Federal Register, as 
stated at 61 FR 36611. This final rule makes no substantive change. For 
this reason, the Commissioner finds that good cause also exists to make 
this final rule effective upon publication in the Federal Register, as 
permitted under 5 U.S.C. 553.

Regulatory Flexibility Act

    In accordance with 5 U.S.C. 605(b), the Commissioner certifies that 
this final rule does not have a significant economic impact on a 
substantial number of small entities. The factual basis for this 
certification is that this rule simply clarifies the immigration status 
that the affected aliens already hold, and does not alter the rights or 
obligations of any person or entity.

Unfunded Mandates Reform Act of 1995

    This final rule is not a Federal mandate, as defined by 2 U.S.C. 
658. For this reason, it is not necessary to conduct the analyses 
provided for under the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This final rule is not a major rule, as defined by 5 U.S.C. 804(2).

Executive Order 12866

    The Commissioner does not consider this rule 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 the required review.

Executive Order 12612

    This final rule will not have substantial direct effects on the 
States, on the relationship between the Federal 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,

[[Page 31896]]

the Commission has determined that this final rule does not have 
sufficient Federalism implications to warrant the preparation of a 
Federalism Assessment.

Executive Order 12988 Civil Justice Reform

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of E.O. 12988.

List of Subjects in 8 CFR Part 212

    Administrative practice and procedure, Aliens, Immigration.
    Accordingly, the interim rule amending 8 CFR part 212, which was 
published in the Federal Register at 61 FR 36610-36611 on July 12, 
1996, is adopted as a final rule without change.

    Dated: May 14, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-15542 Filed 6-10-98; 8:45 am]
BILLING CODE 4410-10-M