Fee for Application for Naturalization Under Section 405 of the Immigration Act of 1990; Form N-400

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 103

[INS No. 1404F-92]

RIN 1115-AC34

Fee for Application for Naturalization Under Section 405 of the

Immigration Act of 1990; Form N-400

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This rule adopts without change, an interim rule published in

the Federal Register on May 27, 1993, by the Immigration and

Naturalization Service (the Service), which amended the existing fee

schedule. The fee schedule was amended to recover the cost of providing

special services under section 405 of the Immigration Act of 1990

(IMMACT), which allows for the naturalization of certain natives of the

Philippines, based upon qualifying active duty military service during

World War II, who would not otherwise be eligible for naturalization,

and section 113 of the Departments of Commerce, State, Justice, and

Related Agencies Appropriations Act of 1993, which permits the

interview and naturalization of these persons in the Philippines. The

fee for naturalization in those cases was raised to recover the cost of

providing those special services and benefits.

EFFECTIVE DATE: February 22, 1995.

FOR FURTHER INFORMATION CONTACT: W.R. Tollifson, Adjudications

Officer, Naturalization and Special Projects Branch, Immigration

and Naturalization Service, 451 I Street, NW., Room 3214,

Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

On May 27, 1993, the Commissioner of the Immigration and

Naturalization Service published in the Federal Register at 58 FR

30698-30699, an interim rule with request of comments to amend the

Service's application fee schedule to include a surcharge for

applications for naturalization where the applicant will be naturalized

in the Philippines under section 405 of IMMACT.

The public was provided with a 45-day comment period which ended on

July 12, 1993. No comments were received during that period.

Accordingly, the fee for those applications processed in the

Philippines and received by the Service on or after June 28, 1993, will

remain $120.00.

Regulatory Flexibility Act

In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b),

the Commissioner of the Immigration and Naturalization Service

certifies that this rule will not have a significant adverse economic

impact on a substantial number of small entities. This rule merely

adopts without change, an interim rule which has been in effect since

June 28, 1993.

Executive Order 12866

This regulation 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 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 [[Page 9774]] have sufficient federalism implications to

warrant the preparation of a Federalism Assessment.

Executive Order 12606

The Commissioner of Immigration and Naturalization Service

certifies that she has assessed this rule in light of the criteria in

Executive Order 12606 and has determined that this regulation will not

have an impact on family well-being.

The information collection requirement contained in this rule has

been cleared by the Office of Management and Budget under the

provisions of the Paperwork Reduction Act. The clearance number for

this collection is contained in 8 CFR 299.5, Display of Control

Numbers.

List of Subjects in 8 CFR Part 103

Administrative practices and procedures, Authority delegations

(Government agencies), Freedom of Information, Privacy, Reporting and

recordkeeping requirements, Surety bonds, Fees, Forms.

Accordingly, the interim rule amending 8 CFR part 103 which was

published in the Federal Register on May 27, 1993 at 58 FR 30698-30699

is adopted as a final rule without change.

Dated: February 9, 1995.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 95-4258 Filed 2-21-95; 8:45 am]

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