Adding the Missouri Botanical Garden to the Listing of American Institutions of Research [62 FR 49131] [FR 54-97]

DOCUMENT NUMBER: FR 54-97

FEDERAL REGISTER CITE: 62 FR 49131

DATE OF PUBLICATION: September 19, 1997

BILLING CODE 4410-10-M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 316

[INS No. 1861-97]

RIN 1115-AE84

Adding the Missouri Botanical Garden to the Listing of American

Institutions of Research

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

SUMMARY: This rule amends the Immigration and Naturalization Service (Service) regulations by adding the Missouri Botanical Garden (research and educational programs only) to the list of American institutions of research recognized by the Attorney General for the purpose of preserving residence in the United States for naturalization. Persons and their dependents who expect to be continuously absent from the United States for a year or more because of work at one of the American institutions of research recognize d by the Attorney General may be given permission to be absent without interrupting continuous residence for naturalization purposes. This change is necessary because such recognized institutions are published in the Service's regulations. Based on the findings of the St. Louis Officer-in-Charge, the Regional Director of the Central Region determined and ordered on May 9, 1997, that the Missouri Botanical Garden (research and educational programs only) be recognized as an American institution of research re cognized by the Attorney General.

DATES: This final rule is effective October 20, 1997.

FOR FURTHER INFORMATION CONTACT: Jane B. Barker, Senior Adjudications Officer, Benefits Branch, Immigration and Naturalization Service, 425 I Street, NW., Room 3214, Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION: Pursuant to Service regulations, after an applicant has been admitted for permanent residence, he or she must reside in the United States continuously for at least 5 years before filing an application for naturalization. Under certain circumstances, persons and their dependents who expect to be continuously absent from the United States for a year or more because of work at one of the American institutions of research recognized by the Attorney General may be given permission to be absent without interrupt ing continuous residence for naturalization purposes. Based on the findings of the St. Louis Officer-in-Charge, the Regional Director of the Central Region determined and ordered on May 9, 1997, that the Missouri botanical Garden (research and education programs only) is an American institution of research for the purpose of preserving residence in the United States for naturalization. Accordingly, § 316.20(a) will be amended by adding that institution to the list of American institutions of research recogn ized by the Attorney General.

Good Cause Exception

The Service's implementation of its rule as a final rule 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 final rule is as follows: This rule is editorial in nature and merely updates the existing institutional listings currently contained in Title 8 of the Code of Federal Regulations.

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 rule is editorial in nature and merely updates the existing institutional listings currently contained in Title 8 of the Code of Federal Regulations.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 804 of the Small Business Regulatory Enforcement Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign-based companies in domestic and export markets.

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 adopted 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 12988

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

List of Subjects in 8 CFR Part 316

Citizenship and Naturalization.

Accordingly, part 3 of chapter I of title 8 of the Code of Federal Regulations is amended as follows:

PART 316--GENERAL REQUIREMENTS FOR NATURALIZATION

1. The authority citation for part 316 continues to read as follows:

Authority: 8 U.S.C. 1103, 1181, 1182, 1443, 1447; 8 CFR 2.

§ 316.20 [Amended]

2. In § 316.20, paragraph (a) is amended by adding the American institution of research "Missouri Botanical Garden (research and educational programs only)" immediately after "Michigan State University, East Lansing, MI."

September 5, 1997 _________________ Dated:

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