Fee for Application for Naturalization Under Section 405 of the Immigration Act of 1990; Form N-400 [60 FR 9773][FR 12-95]

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DOCUMENT NUMBER: FR 12-95

FEDERAL REGISTER CITE: 60 FR 9773

DATE PUBLISHED: February 22, 1995

BILLING CODE 4410-10-M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 103

[INS No. 1404F-92]

RIN 1115-AC34

Fee for Application for Naturalization Under Section 405

of the Immigration Act of 1990; Form N-400

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

SUMMARY: This rule adopts without change, an interim rule published in the Federal Register on May 27, 1993, by the Immigration and Naturalization Service (the Service), which amended the existing fee schedule. The fee schedule was amended to recover the cost of providing special services under section 405 of the Immigration Act of 1990 (IMMACT), which allows for the naturalization of certain natives of the Philippines, based upon qualifying active duty military service during World War II, who would not otherwi se be eligible for naturalization, and section 113 of the Departments of Commerce, State, Justice, and Related Agencies Appropriations Act of 1993, which permits the interview and naturalization of these persons in the Philippines. The fee for naturalization in those cases was raised to recover the cost of providing those special services and benefits.

EFFECTIVE DATE: February 22, 1995.

FOR FURTHER INFORMATION CONTACT: W.R. Tollifson, Adjudications Officer, Naturalization and Special Projects Branch, Immigration and Naturalization Service, 451 I Street, NW., Room 3214, Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

On May 27, 1993, the Commissioner of the Immigration and Naturalization Service published in the Federal Register at 58 FR 30698-30699, an interim rule with request of comments to amend the Service's application fee schedule to include a surcharge for applications for naturalization where the applicant will be naturalized in the Philippines under section 405 of IMMACT.

The public was provided with a 45-day comment period which ended on July 12, 1993. No comments were received during that period. Accordingly, the fee for those applications processed in the Philippines and received by the Service on or after June 28, 1993, will remain $120.00.

Regulatory Flexibility Act

In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), the Commissioner of the Immigration and Naturalization Service certifies that this rule will not have a significant adverse economic impact on a substantial number of small entities. This rule merely adopts without change, an interim rule which has been in effect since June 28, 1993.

Executive Order 12866

This regulation 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 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.

The information collection requirement contained in this rule has 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 299.5, Display of Control Numbers.

List of Subjects in 8 CFR Part 103

Administrative practices and procedures, Authority delegations (Government agencies), Freedom of Information, Privacy, Reporting and recordkeeping requirements, Surety bonds, Fees, Forms.

Accordingly, the interim rule amending 8 CFR part 103 which was published in the Federal Register on May 27, 1993 at 58 FR 30698-30699 is adopted as a final rule without change.

February 9, 1995 _________________ Dated:

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