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 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. Accordingly, this rule has been submitted to the Office of Management and Budget (OMB) for review.

    The Service has assessed both the costs and benefits of this rule as required by section 1(b)(6) of Executive Order 12866 and has made a determination that although restoring the surcharge will increase the costs to individual applicants and petitioners who submitted applications or petitions to the Service for adjudication, the benefit to other applicants and the public interest of the Service being able to continue to provide asylum, refugee, and other humanitarian programs at the funding levels intended by Congress through its repeal of section 457 substantially exceeds the costs.

    The determination of the economic impact of the restoration of the immigration benefit application fee schedule to the levels that existed prior to January 24, 2003 depends on the baseline used for comparison. Although the difference in the fees collected would exceed $100 million a year if compared to the fees contained in the schedule made effective on January 24, 2003, that fee schedule is not the appropriate baseline for purposes of determining whether this rule has a economically significant regulatory impact under Executive Order 12866. By striking section 457 of the Homeland Security Act of 2002, Congress has indicated that the Service should return to the fee schedule in place prior to January 24, 2003. This interim rule merely restores the previous fee schedule. Using the pre-January 24th fee schedule as a baseline, this interim rule will not have a significant economic impact.

Executive Order 13132

    This rule 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 section 6 of Executive Order 13132, the Department of Justice has determined that this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.

Executive Order 12988: Civil Justice Reform

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

Paperwork Reduction Act

    This rule requires that the fees for application and petition forms identified in this interim rule be increased in light of section 107 of Homeland Security Act Amendments of 2003. Since this is merely a reinstatement of fees prior to Section 457 of Public Law 107-296, the net effect of the cost burden on the public is negligible, the Service has submitted the required Paperwork Reduction Change Worksheet (OMB-83C) to the OMB reflecting the new fees and cost burdens on the public, and the OMB has approved the changes.

    To ensure that the public is fully aware of these changes the new fees will be highlighted on the Service's Web site at: www.ins.usdoj.gov.

List of Subjects in 8 CFR Part 103

    Administrative practice and procedure, Authority delegations (government agencies), Freedom of Information, Privacy, Reporting and recordkeeping requirements, Surety bonds.

    Accordingly, part 103 of chapter I of title 8 of the Code of Federal Regulations is amended as follows:

    1. The authority citation for part 103 continues to read as follows:

    Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557; 3 CFR, 1982 Comp., p.166; 8 CFR part 2.

    2. Section 103.7(b)(1) is amended by revising the entries for the following forms, to read as follows:

* * * * *

    (b) * * *

(1)     * * *

* * * * *

    Form I-17. For filing a petition for school approval or recertification--$580 plus $350 per additional campus listed on Form I-17B.

* * * * *

    Form I-90. For filing an application for a Permanent Resident Card (Form I-551) in lieu of an obsolete card or in lieu of one lost, mutilated, or destroyed, or for a change in name--$130.

* * * * *

    Form I-102. For filing a petition for an application (Form I-102) for Arrival/Departure Record (Form I-94) or Crewman's Landing (Form I-95), in lieu of one lost, mutilated, or destroyed--$100.

    Form I-129. For filing a petition for a nonimmigrant worker, a base fee of $130. For filing an H-1B petition a base fee of $130 plus an additional $1,000 fee in a single remittance of $1,130. The remittance may be in the form of one or two checks (one in the amount of $1,000 and the other in the amount of $130). Payment of this additional $1,000 fee is not waivable under § 103.7(c)(1). Payment of this additional $1,000 fee is not required if an organization is exempt under § 214.2(h)(19)(iii) of this chap ter, and this additional $1,000 fee also does not apply to certain filings by any employer as provided in § 214.2(h)(19)(v) of this chapter.

    Form I-129F. For filing a petition to classify nonimmigrant as fianc[eacute]e or fianc[eacute] under section 214(d) of the Act--$110.

    Form I-130. For filing a petition to classify status of alien relative for issuance of immigrant visa under section 204(a) of the Act--$130.

    Form I-131. For filing an application for travel documents--$110.

    Form I-140. For filing a petition to classify preference status of an alien on the basis of profession or occupation under section 204(a) of the Act--$135.* * * * *

    Form I-191. For filing applications for discretionary relief under section 212(c) of the Act--$195.

    Form I-192. For filing an application for discretionary relief under section 212(d)(3) of the Act, except in an emergency case, or where the approval of the application is in the interest of the United States Government--$195.

    Form I-193. For filing an application for waiver of passport and/or visa--$195.

    Form I-212. For filing an application for permission to reapply for an excluded, deported or removed alien, an alien who has fallen into distress, an alien who has been removed as an alien enemy, or an alien who has been removed at Government expense in lieu of deportation--$195.

* * * * *

    Form I-485. For filing an application for permanent resident status or creation of a record of lawful permanent residence--$255 for an applicant 14 years of age or older--$160 for an applicant under the age of 14 years; no fee for an applicant filing as a refugee under section 209(a) of the Act.

* * * * *

    Form I-526. For filing a petition for an alien entrepreneur--$400.

    Form I-539. For filing an application to extend or change nonimmigrant status--$140.

* * * * *

    Form I-600. For filing a petition to classify an orphan as an immediate relative for issuance of immigrant visa under section 204(a) of the Act. (When more than one petition is submitted by the same petitioner on behalf of orphans who are brothers or sisters, only one fee will be required.)--$460.

    Form I-600A. For filing an application for advance processing of orphan petition. (When more than one petition is submitted by the same petitioner on behalf of orphans who are brothers or sisters, only one fee will be required.)--$460.

    Form I-601. For filing an application for waiver of ground of inadmissibility under section 212(h) or (i) of the Act. (Only a single application and fee shall be required when the alien is applying simultaneously for a waiver under both those subsections.)--$195.

    Form I-612. For filing an application for waiver of the foreign-residence requirement under section 212(e) of the Act--$195.

* * * * *

    Form I-751. For filing a petition to remove the conditions on residence, based on marriage--$145.

    Form I-765. For filing an application for employment authorization pursuant to 8 CFR 274a.13--$120.

* * * * *

    Form I-817. For filing an application for voluntary departure under the Family Unity Program--$140.

* * * * *

    Form I-824. For filing for action on an approved application or petition--$140.

    Form I-829. For filing a petition by entrepreneur to remove conditions--$395.

* * * * *

    Form N-400. For filing an application for naturalization--$260.

* * * * *

    Form N-565. For filing an application for a certificate of naturalization or declaration of intention in lieu of a certificate or declaration alleged to have been lost, mutilated, or destroyed; for a certificate of citizenship in a changed name under section 343(c) of the Act; or for a special certificate of naturalization to obtain recognition as a citizen of the United States by a foreign state under section 343(b) of the Act--$155.

    Form N-600. For filing an application for a certificate of citizenship under section 309(c) or section 341 of the Act--$185.

    Form N-643. For filing an application for a certificate of citizenship on behalf of an adopted child--$145.

* * * * *

February 25, 2003 ________________________ Dated:

Signed ________________________________________ Michael J. Garcia, Acting Commissioner, Immigration and Naturalization Service .