Immigration: User fee requirements; technical changes for submission,

[Federal Register: September 25, 1998 (Volume 63, Number 186)]

[Rules and Regulations]

[Page 51271-51272]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr25se98-2]

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 286

[INS No. 1923-98]

RIN 1115-AF26

Technical Change for Submission for Immigration User Fee Requirements

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

SUMMARY: This rule amends the Immigration and Naturalization Service (Service) regulations by making technical changes to the addressee where periodic summary statements of user fees collected are to be sent, and revising the name of the payee to whose attention remittances shall be forwarded. These technical changes are administrative in nature and are necessary to conform to the current organizational and supervisory structure of the Service's Office of Management.

DATES: This final rule is effective October 26, 1998.

FOR FURTHER INFORMATION CONTACT: Michael Ditkoff, Fee Policy and Rate- Setting Branch, Office of Budget, Immigration and Naturalization Service (INS), 425 I St., NW, Room 6240, Washington, DC 20536, telephone number (202) 305-8620.

SUPPLEMENTARY INFORMATION: This final rule amends 8 CFR part 286 to reflect the change in nomenclature, whereas the summary statements due on the last business day of the following month be forwarded to the Service's Chief, Analysis and Formulation Branch, in place of Fee Setting and Analysis Branch. In addition, this final rule amends the name of the payee to whom the remittance shall be made from the Service's Associate Commissioner Finance, to Assistant Commissioner, Office of Financial Management.

The Service's implementation of this rule is based on the ``good cause'' exception found at 5 U.S.C. 553(d)(3). The amendments contained herein relate to agency management in that the amendments correct nomenclature changes published in previous rules. The reason and necessity for prompt implementation is to further ensure timely receipt of the periodic summary reports, remittances, and correspondence from the public. It would be contrary to the public interest to issue the rule as proposed rule in that it would further delay executing the nomenclature changes.

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 have a significant economic impact on a substantial number of small entities because of the following factors: The technical changes addressed in this final rule are administrative in nature and are necessary to conform to the current organizational and supervisory structure of the Service's Office of Management. As such, the technical changes have no significant economic impact.

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 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 a 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.

[[Page 51272]]

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 regulations 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 preparation of a Federalism Assessment.

Executive Order 12988 Civil Justice Reform

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

List of Subjects in 8 CFR Part 286

Immigration, Reporting and record keeping requirements.

Accordingly, part 286 of chapter 1 of title 8 of the Code of Federal Regulations is amended as follows:

PART 286--IMMIGRATION USER FEE

1. The authority citation for part 286 continues to read as follows:

   Authority: 8 U.S.C. 1103, 1356; 8 CFR part 2.

   Sec. 286.1 [Amended]

2. Section 286.1(e) is amended by revising the term ``Associate Commissioner, Finance'' to read ``Assistant Commissioner, Office of Financial Management'' and by revising the term ``Office of the Associate Commissioner, Finance,'' to read ``Office of the Assistant Commissioner, Financial Management,''.

   Sec. 286.2 [Amended]

3. Section 286.2(b) is amended in the third sentence by revising the phrase ``Fee Analysis and Operations Branch'' to read ``Analysis and Formulation Branch''.

   Sec. 286.5 [Amended]

4. In Sec. 286.5, paragraph (d) is amended by revising the term ``Associate Commissioner, Finance, INS'' to read ``Assistant Commissioner, Office of Financial Management, INS''.

   Sec. 286.5 [Amended]

5. In Sec. 286.5, paragraph (e) is amended by revising the term ``Associate Commissioner, Finance'' to read ``Assistant Commissioner, Financial Management'' wherever it appears in this paragraph.

   Sec. 286.6 [Amended]

6. Section 286.6 is amended by revising the term ``Associate Commissioner, Finance'' to read ``Assistant Commissioner, Office of Financial Management'' wherever it appears in this section.

   Dated: September 21, 1998. Doris Meissner, Commissioner, Immigration and Naturalization Service.

   [FR Doc. 98-25712Filed9-24-98; 8:45 am]

   BILLING CODE 4410-10-M