[Federal Register Volume 63, Number 186 (Friday, September 25, 1998)]
[Rules and Regulations]
[Pages 51271-51272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25712]


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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.

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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. 98-25712 Filed 9-24-98; 8:45 am]
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