[Federal Register Volume 68, Number 208 (Tuesday, October 28, 2003)]
[Rules and Regulations]
[Pages 61333-61334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27151]


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DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 316

[CIS No. 2131-03]
RIN 1615-AA72


Adding and Removing Institutions to and From the List of 
Recognized American Institutions of Research

AGENCY: U.S. Citizenship and Immigration Services, Department of 
Homeland Security.

ACTION: Final rule.

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SUMMARY: Section 316 of the Immigration and Nationality Act (Act) 
generally requires that in order for lawful permanent resident aliens 
to be eligible for naturalization, they must reside continuously within 
the United States for at least 5 years immediately preceding their 
application for naturalization. However, under certain circumstances 
resident aliens and their dependents who expect to be continuously 
absent from the United States for one year or more because of work at 
one of the American institutions of research recognized as such under 
the provisions of the Act may be given permission to be absent without 
interrupting the continuous residence requirement for naturalization. 
This rule amends the Department of Homeland Security regulations by 
adding Rutgers University, Indiana University, and Harvard University 
to the list of American institutions of research, recognized for the 
purpose of preserving residence in the United States for naturalization 
eligibility. This rule also removes the dissolved Harvard Institute for 
International Development from the same list.

DATES: This final rule is effective October 28, 2003.

FOR FURTHER INFORMATION CONTACT: Gerard Casale, Adjudications Officer, 
Business Process and Reengineering Division, U.S. Citizenship and 
Immigration Services, Department of Homeland Security, 425 I Street, 
NW., Washington, DC 20536; telephone (202) 514-0788.

SUPPLEMENTARY INFORMATION: Prior to the transfer of the functions of 
the former Immigration and Naturalization Service (Service) to the 
Department of Homeland Security in March 2003, district directors and 
regional commissioners of the Service made decisions on requests for 
recognition as an American Institution of Research. (1) Based on the 
findings of the former Newark District Director, the Acting Regional 
Director of the Eastern Region determined and ordered on September 30, 
1999, that Rutgers University, the State University of New Jersey, is 
an American institution of research for the purpose of preserving 
residence in the United States for naturalization. (2) Based on the 
findings of the former Chicago District Director, the Regional Director 
of the Central Region determined and ordered on January 4, 2001, that 
Indiana University is an American institution of research for the 
purpose of preserving residence in the United States for 
naturalization. (3) Based on the findings of the former Boston District 
Director, the Regional Director of the Eastern Region determined and 
ordered on March 1, 2001, that Harvard University is an American 
institution of research for the purpose of preserving residence in the 
United States for naturalization.
    Accordingly, the regulations are amended by adding those 
institutions to the list of recognized American institutions of 
research, thus making their qualified employees eligible to apply for 
the continuity of residence exemption benefits of section 316(b) of the 
Act.
    In addition, based on the findings of the former Boston District 
Director, the Regional Director of the Eastern Region determined and 
ordered on March 1, 2001, that the Harvard Institute for International 
Development (HIID) is no longer an American institution of research for 
the purpose of preserving residence in the United States for 
naturalization, since Harvard University had dissolved the HIID on June 
30th, 2000. Employees who had been conducting research under the HIID 
were absorbed into other programs within Harvard University. 
Accordingly, the regulations are amended by removing this institution 
from the list of recognized American institutions of research.

Good Cause Exception

    This rule is being promulgated as a final rule. The Department has 
determined that good cause exists under 5 U.S.C. 553(b)(B) to make this 
rule effective on the date of publication in the Federal Register 
because prior notice and comment in this case is unnecessary and 
contrary to the public interest. The Department believes it is 
unnecessary because this rule consists of an update of an existing list 
in 8 CFR 316.20 of organizations that have already been designated by 
agency determinations made pursuant to the Immigration and Nationality 
Act. The updating of the list is a purely technical publication action 
that does not fundamentally impact any public right. Previous updates 
of this list have not elicited public comment, nor would any comment, 
if submitted, affect the composition of the list. For that reason 
updates of the list in 8 CFR 316.20 have always been and should 
continue to be published as a final rule.
    To delay publication of the list as a final rule would be contrary 
to the public interest. Prospective applicants for naturalization whose 
eligibility depends on an up-to-date listing of recognized American 
institutions of research are in urgent need of relief

[[Page 61334]]

because of long delays in consequence of the agency's transition from 
the Department of Justice to the Department of Homeland Security. Their 
access to the benefits of these agency designations is adversely 
impacted by any delay in publication of the updated list of recognized 
institutions. For these reasons, the Department finds that there is 
good cause to adopt this rule without the prior notice and comment 
period ordinarily required under 5 U.S.C. 553(b).
    Pursuant to 5 U.S.C 553(d)(3), the Department is making this rule 
final and effective upon publication because of the same good cause 
exception described above.

Regulatory Flexibility Act

    I have reviewed this regulation in accordance with the Regulatory 
Flexibility Act, 5 U.S.C. 605(b), and by approving it, I certify that 
the rule will not have an effect on small entities as that term is 
defined in 5 U.S.C. 601(6). This rule relates to agency management 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 Homeland Security, 
to be a ``significant regulatory action'' under Executive Order 12866, 
section 3(f), Regulatory Planning and Review. Accordingly, this rule 
does not need to be submitted to the Office of Management and Budget 
for review in accordance with this Executive Order.

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, it is 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 section 3(a) 
and 3(b)(2) of Executive Order 12988.

List of Subjects in 8 CFR Part 316

    Citizenship and naturalization, Reporting and recordkeeping 
requirements.

0
Accordingly, part 316 of chapter I of title 8 of the Code of Federal 
Regulations is amended as follows:

PART 316--GENERAL REQUIREMENTS FOR NATURALIZATION

0
1. The authority citation for part 316 continues to read as follows:

    Authority: 8 U.S.C. 1103, 1181, 1182, 1427, 1443, 1447; 8 CFR 
part 2.


Sec.  316.20  [Amended]

0
2. In Sec.  316.20, paragraph (a) is amended by:
0
a. Adding the American institution of research ``Harvard University 
(research and educational programs only)'' immediately after ``Graduate 
Faculty of Political and Social Science Division of the New School for 
Social Research, New York, N.Y.'';
0
b. Removing the ``Harvard Institute for International Development.''
0
c. Adding the American institution of research ``Indiana University at 
Bloomington, Indianapolis, South Bend, Northwest, Kokomo, Southeast, 
East, and Fort Wayne'' immediately after ``Humboldt State University, 
School of Natural Resources, Wildlife Management Department'; and
0
d. Adding the American institution of research ``Rutgers University, 
the State University of New Jersey'' immediately after ``Rockefeller 
Foundation'.

    Dated: October 21, 2003.
Tom Ridge,
Secretary of Homeland Security.
[FR Doc. 03-27151 Filed 10-27-03; 8:45 am]
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