Fingerprinting Applicants and Petitioners for Immigration Benefits; Establishing a Fee for Fingerprinting by the Service; Requiring Completion of Criminal Background Checks Before Final Adjudication of Naturalization Applications

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103, 204, 208, 209, 244, 245, 264, 299, 316, 332, and

335

[INS No. 1891-97]

RIN 1115-AF03

Fingerprinting Applicants and Petitioners for Immigration

Benefits; Establishing a Fee for Fingerprinting by the Service;

Requiring Completion of Criminal Background Checks Before Final

Adjudication of Naturalization Applications

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: This rule amends the Immigration and Naturalization Service

(Service) regulations relating to fingerprinting applicants and

petitioners for benefits under the Immigration and Nationality Act

(Act). This rule implements certain provisions of the Department of

Justice Appropriations Act, 1988, which prohibit the Service from

accepting fingerprint cards (Form FD-258) for the purpose of conducting

criminal background checks on applicants and petitioners for

immigration benefits prepared by any individual or entity other than

the Service, a registered State or local law enforcement agency, a

United States consular office at a United States embassy or consulate,

or a United States military installation abroad. The rule also

announces the termination of the Designated Fingerprinting Services

(DFS) certification program. In addition, this rule establishes a $25

service fee for fingerprinting by the Service, and requires Service

receipt of a definitive response from the Federal Bureau of

Investigation (FBI) before final adjudication of a naturalization

application.

DATES:

Effective date: This interim rule is effective March 29, 1998.

Comment date: Written comments must be submitted on or before May

18, 1998.

ADDRESSES: Please submit written comments, in triplicate, to the

Director, Policy Directives and Instructions Branch, Immigration and

Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC

20536. To ensure proper handling, please refer to INS No. 1891-97 on

your correspondence. Comments are available for public inspection at

the above address by calling (202) 514-3048 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT:

Ann Palmer or Thomas E. Cook, Office of Naturalization Operations,

Immigration and Naturalization Service, 801 I Street, NW., Room 935,

Washington, DC 20536, telephone (202) 305-0539.

SUPPLEMENTARY INFORMATION:

Background

1. What is the Designated Fingerprinting Services (DFS) Program?

The Designated Fingerprinting Services (DFS) program allowed

qualified individuals, businesses, and law enforcement agencies to

apply to the Service for certification as a DFS entity to provide

fingerprinting services to applicants and petitioners for immigration

benefits. The primary purposes of the program were to facilitate the

processing of applications

[[Page 12980]]

and petitions for benefits and protect the integrity of the

fingerprinting process. The Service developed the DFS program as a

result of reports from the United States Department of Justice,

Inspector General, and United States General Accounting Office which

found that the Service's unregulated fingerprinting policy, in effect

since 1982, did not provide sufficient security controls. Under the DFS

program, the Service accepted fingerprint cards (Form FD-258) filed

with applications and petitions for immigration benefits only if they

were prepared by a designated Service employee, an approved DFS entity,

an intending DFS entity that had submitted an application for

certification prior to March 1, 1997, or a law enforcement agency

registered as a DFS entity.

2. How Did the Service Implement the DFS Certification Program?

On May 15, 1995, the Service published a notice of proposed

rulemaking in the Federal Register at 60 FR 25856 proposing to

implement the DFS certification program, which set forth the

certification requirements and application procedures for individuals

and entities interested in providing fingerprinting services to

applicants and petitioners for immigration benefits. The Service also

specified a date by which it would no longer accept fingerprint cards

prepared by unauthorized entities.

On June 4, 1996, after a 60-day public comment period, the Service

published a final rule in the Federal Register at 61 FR 28003, formally

implementing the DFS certification program. The final rule became

effective July 5, 1996. However, due to the insufficient number of

certification applications received by the Service, and to ensure that

adequate fingerprinting services were available to all applicants and

petitioners for immigration benefits, the Service published a final

rule in the Federal Register on November 7, 1996, at 61 FR 57583,

extending the effective date of the DFS certification program to March

1, 1997.

Legislative Authority

1. Why is the Service Terminating the Designated Fingerprinting

Services Certification Process?

On November 26, 1997, the Department of Justice Appropriations Act,

1998 (Pub. L. 105-119, 111 Stat. 2440) was enacted. This legislative

change necessitates elimination of the DFS program. Pursuant to this

legislation, effective December 3, 1997, the Service can accept

fingerprint cards (Form FD-258) for the purpose of conducting criminal

background checks on applications and petitions for immigration

benefits only if prepared by a Service office, a registered State or

local law enforcement agency, a United States consular office at a

United States embassy or consulate, or a United States military

installation abroad. Accordingly, the Service is removing the DFS

certification process from its regulations.

2. How Will the Service Implement the New Fingerprint Requirements?

To comply with Public Law 105-119, 111 Stat. 2440, the Service is

establishing a new program to fingerprint applicants and petitioners

for immigration benefits. The Service is opening new offices, known as

Application Support Centers (ASCs), and establishing mobile

fingerprinting centers nationwide to fingerprint applicants and

petitioners for immigration benefits. The Service will also fingerprint

applicants and petitioners for immigration benefits in certain Service

field offices and, in less populated areas, is entering into co-

operative agreements with designated State or local law enforcement

agencies (DLEA) which have registered with the Service to provide

fingerprinting services to applicants and petitioners for immigration

benefits. This new fingerprinting program applies only to acceptance of

Form FD-258, Applicant Card, submitted to the Service in connection

with applications and petitions for immigration benefits.

3. How Does the New Legislation Affect Filing of Applications and

Petitions for Immigration Benefits?

Under the Service's new fingerprinting program, effective on

December 3, 1997, the Service began accepting fingerprinting cards with

applications and petitions for immigration benefits only if prepared by

the Service, registered State or local law enforcement agencies, a

United States consular office at a United States embassy or consulate,

or a United States military installation abroad.

Effective March 29, 1998, applicants and petitioners for

immigration benefits residing in the United States will be required to

file applications and petitions without completed fingerprint cards.

After filing, the Service will notify applicants and petitioners to

appear at an ASC or other Service-designated location, including

designated State or local law enforcement agencies, to be

fingerprinted. Applicants and petitioners residing outside of the

United States submit completed fingerprint cards prepared by the

Service, a United States consular office or a United States military

installation abroad with applications and petitions for immigration

benefits.

a. How Has the Fingerprinting Process for Naturalization Been Changed?

Effective December 3, 1997, naturalization applications from

individuals residing in the United States (as defined in section

101(a)(38) of the Act) have been filed without completed fingerprint

cards. After filing the Form N-400, these naturalization applicants

have been notified to appear at an ASC or other Service-designated

location to be fingerprinted. Naturalization applications from

individuals residing outside of the United States have been filed with

completed fingerprint cards prepared by a United States consular office

at a United States embassy or consulate or a United States military

installation aboard.

b. How Has the Fingerprinting Process for Immigration Benefits Other

Than Naturalization Been Changed?

Effective on December 3, 1997, applicants and petitioners for

immigration benefits other than naturalization have filed applications

and petitions with completed fingerprint cards prepared by State or

local law enforcement agencies registered with the Service to provide

fingerprinting services.

Effective on March 29, 1998, applications and petitions for all

immigration benefits other than naturalization, including asylum

applications, from individuals residing in the United States, will be

filed without completed fingerprint cards. After filing, these

individuals, who require fingerprinting in connection with applications

and petitions, will be notified to appear at an ASC or other Service-

designated location to be fingerprinted. Under this new process, the

Service will continue to give special consideration to processing of

fingerprint cards associated with orphan petitions to ensure timely and

flexible adjudication of these cases.

Effective December 3, 1997, applications and petitions for

immigration benefits other than naturalization from individuals

residing outside of the United States have been filed with completed

fingerprint cards prepared by the Service, a United States consular

office at a United States embassy or consulate, or a United States

military installation aboard.

[[Page 12981]]

4. Will Applicants and Petitioners Who Were Fingerprinted by a DFS

Entity Need to Be Re-fingerprinted?

Fingerprint cards submitted with properly filed applications and

petitions for any immigration benefit which were accepted by the

Service before December 3, 1997, will be processed in accordance with

the regulations in effect at the time of acceptance. For purposes of

implementing this rule, fingerprint cards are deemed accepted by the

Service before December 3, 1997, if: (1) The application or petition

was hand delivered to a Service office before December 3, 1997; or (2)

the application or petition was postmarked before December 3, 1997, and

was received in a Service office before December 6, 1997. Applicants

and petitioners whose properly completed fingerprint cards were

accepted before December 3, 1997, will not ordinarily be required to be

re-fingerprinted in accordance with these new fingerprinting

procedures, unless the Attorney General determines that it is necessary

to re-fingerprint an applicant or petitioner. For example, the Attorney

General may decide to take an additional set of fingerprints for an

asylum applicant in order to comply with the identity provisions of

section 208(d)(5)(A)(i) of the Act or in cases in which the Federal

Bureau of Investigation rejects a fingerprint card. However, beginning

on December 3, 1997, for naturalization applicants and on March 29,

1998, for applicants and petitioners for other benefits, the Service

will notify applicants and petitioners who file a completed fingerprint

card prepared by a DFS entity to be re-fingerprinted at an ASC or other

Service-designated location.

5. Why is the Service Charging a Fee for Fingerprinting Services?

In Pub. L. 105-119, 111 Stat. 2440, Congress authorized the Service

to charge a fee for fingerprinting in connection with the new

fingerprinting program. Accordingly, the Service will charge the fee

necessary to recover the administrative and support costs of the new

fingerprinting program, and for the collection, safeguarding, and

accounting of the fees. All fingerprinting fees initially collected

from applicants and petitioners for immigration benefits will be

deposited into the Immigration Examinations Fee Account established by

8 U.S.C. 1356(m)-(p). However, the Service will not begin charging the

fee for fingerprinting applicants and petitioners for immigration

benefits until March 29, 1998. This service fee for fingerprinting will

apply only to applications and petitions for immigration benefits filed

on or after March 29, 1998. Therefore, applicants and petitioners for

immigration benefits who file before March 29, 1998, but who are

scheduled to be fingerprinted by the Service on or after March 29,

1998, will be fingerprinted by the Service without charge. This delay

in collecting the fee for fingerprinting services will allow the

Service to ensure that the new ASCs and mobile fingerprinting centers

are operating efficiently.

6. What Fee is Being Established for Fingerprinting by the Service?

In the interest of fairness and based on a Service-determined cost

estimate, during the early stages of the new fingerprinting program,

the service fee for fingerprinting by the Service is established at $25

per applicant, petitioner, beneficiary, sponsor, or other individual

required by Service regulations or form instructions to be

fingerprinted in connection with an application or petition for

immigration benefits. The Service anticipates that this $25 fee will

not recover all Service costs for fingerprinting individuals for

immigration benefits at present. However, the Service plans to conduct

a fee analysis under provisions of Office of Management and Budget

Circular A-25 in the near future to determine the full cost to the

Service of fingerprinting individuals for immigration benefits.

Congress has also authorized registered State and local law

enforcement agencies and United States consular offices at United

States embassies or consulates, or United States military installations

abroad to charge a fee for fingerprinting applicants and petitioners

for immigration benefits.

7. How Will Applicants and Petitioners Submit the Fee for

Fingerprinting by the Service?

The one-time $25 fee for fingerprinting by the Service must be

submitted at the time of filing the application or petition, in

addition to the filing fee for the application or petition. However,

applicants and petitioners residing abroad who are fingerprinted at

United States consular offices or military installations abroad do not

need to be fingerprinted by the Service. Therefore, these applicants

and petitioners will submit the completed fingerprint cards at the time

of filing the application or petition for immigration benefits, and do

not need to submit the $25 fee for fingerprinting by the Service. In

addition, asylum applicants are exempt from submitting the fee for

fingerprinting by the Service in connection with filing an application

for asylum and withholding of removal.

Applications and petitions for immigration benefits filed by

individuals residing in the United States submitted without the $25

service fee for fingerprinting by the Service or with the incorrect

service fee for fingerprinting, will not be rejected as improperly

filed. The Service will notify applicants or petitioners to submit the

correct fee for fingerprinting, and will withhold processing of the

application or petition, including scheduling for fingerprinting, until

the correct fingerprinting fee is received. Failure by an applicant or

petitioner to submit the correct fee for fingerprinting by the Service

within the time allotted in a notice to the applicant or petitioner

will result in denial of the application or petition due to

abandonment.

8. How Does Public Law 105-119 Affect Adjudication of Naturalization

Applications?

The new legislation codifies current Service policy that the

Service must receive confirmation from the Federal Bureau of

Investigation (FBI) that a full criminal background check has been

completed on applicants for naturalization before final adjudication of

the application. This interim rule requires the Service to receive a

definitive response from the FBI that a criminal background check has

been completed before notifying applicants for naturalization to appear

before a Service officer for the mandatory examination on the Form N-

400, Application for Naturalization.

Explanation of Changes

What Changes is the Service Making to its Regulations?

1. Changes in Sec. 103.1

In Sec. 103.1, paragraph (f)(3)(iii)(NN) is amended to remove the

Form I-850, Application for Certification for Designated Fingerprinting

Services, from the list of decisions of which the Associate

Commissioner for Examinations exercises jurisdiction. This change is

necessary because the Service is eliminating the DFS certification

program.

2. Changes in Sec. 103.2

In Sec. 103.2, paragraphs (a)(1) and (a)(7)(i) are revised to allow

the Service to treat as properly filed applications and petitions which

require completion of fingerprint cards but which are submitted without

the $25 fee for fingerprinting by the Service. Paragraph (a)(7)(ii) is

revised to allow the Service to reject applications or petitions as

improperly filed if the check or other financial instrument used to pay

the

[[Page 12982]]

fingerprinting fee is returned to the Service as not payable.

Paragraphs (b)(9), (b)(10)(i), (b)(13), and (b)(14) are revised to

include requests that applicants and petitioners for immigration

benefits appear for fingerprinting at a Service office or other

location designated by the Service, and to allow the Service to deny

the applications and petitions of individuals who fail to appear for

fingerprinting. Paragraph (e) is revised to eliminate the DFS program

and establish new fingerprinting procedures for applicants and

petitioners for immigration benefits.

3. Changes in Sec. 103.7

In Sec. 103.7, paragraph (b)(1) is amended to add the fee for

fingerprinting by the Service, and to remove the fee for the Form I-

850, Application for Certification for Designated Fingerprinting

Services. Charging a fee for fingerprinting is necessary to fund the

Service's new fingerprinting program, and the fee is established at $25

per individual who requires fingerprinting. The fee for the Form I-850,

Application for Certification for Designated Fingerprinting Services,

is being removed because the form relates to the DFS program and the

Service is canceling the DFS program by publication of this interim

rule.

4. Changes in Sec. 204.3 and Sec. 204.4

In Secs. 204.3 and 204.4, the Service is amending the regulations

to require the Form I-600A, Application for Advanced Processing of

Orphan Petition, the Form I-600, Petition to Classify Orphan as an

Immediate Relative, and the Form I-360, Petition for Amerasian, Widow

or Special Immigrant, filed on behalf of an Amerasian child of a United

States citizen to be filed without completed fingerprint cards, and to

require the prospective adoptive parents, other adult members of the

prospective adoptive parents' household, and sponsors of Amerasian

children to appear at a Service office, or other location designated by

the Service, for fingerprinting in accordance with the new

fingerprinting procedures being established in Sec. 103.2(e).

5. Changes in Sec. 208.7, Sec. 208.10, and Sec. 208.14

In Sec. 208.7, the Service is amending the regulations to clarify

that failure to follow requirements for fingerprint processing may

affect an asylum applicant's eligibility for employment authorization.

In Sec. 208.10, the Service is amending the regulations to include

failure to follow the requirements for fingerprint processing as a

ground for dismissal of a case or waiver of an adjudication by an

asylum officer. In Sec. 208.14, the Service is amending the regulations

to permit referral of an asylum application when the applicant is

deemed to have waived adjudication by an asylum officer.

6. Changes in Sec. 209.1 and Sec. 209.2

In Secs. 209.1 and 209.2, the Service is amending the regulations

to require refugee entrants and aliens granted asylum to appear at a

Service office, or other location designated by the Service, for

fingerprinting in accordance with the new fingerprinting procedures

being established in Sec. 103.2(e) after filing the application, rather

than submitting the fingerprints on a completed fingerprint card with

the application.

7. Changes in Sec. 244.6

In Sec. 244.6, the Service is amending the regulations to require

applicants for temporary protected status to appear at a Service

office, or other location designated by the Service, for fingerprinting

in accordance with the new fingerprinting procedures being established

in Sec. 103.2(e) after filing the Form I-821, Application for Temporary

Protected Status, rather than submitting the fingerprints on a

completed fingerprint card with the application.

8. Changes in Sec. 245.7

In Sec. 245.7, the Service is amending the regulations to require

applicants for benefits under section 599E of Public Law 101-167 to

appear at a Service office, or other location designated by the

Service, for fingerprinting in accordance with the new fingerprinting

procedures being established in Sec. 103.2(e) after filing the Form I-

485, Application to Register Permanent Residence or Adjust Status,

rather than submitting the fingerprints on a completed fingerprint card

with the application.

9. Changes in Sec. 264.2 and Sec. 264.5

In Secs. 264.2 and 264.5, the Service is amending the regulations

to require applicants for creation of a record of permanent residence

and for a replacement alien registration card to appear at a Service

office, or other location designated by the Service, for fingerprinting

in accordance with the new fingerprinting procedures being established

in Sec. 103.2(e) after filing the application, rather than submitting

the fingerprints on a completed fingerprint card with the application.

10. Changes in Sec. 299.1 and Sec. 299.5

In Secs. 299.1 and 299.5, the Service is amending the regulations

to remove the Form I-850, Application for Certification for Designated

Fingerprinting Services, and the Form I-850A, Attestation by Designated

Fingerprinting Service Certified to Take Fingerprints, from the listing

of forms. These changes are necessary because the forms relate to the

DFS program and, by publication of this interim rule, the Service is

terminating the DFS program in order to comply with the new legislation

relating to fingerprinting applicants and petitioners for immigration

benefits.

11. Changes in Sec. 316.4

In Sec. 316.4, the Service is amending the regulations to require

applicants for naturalization to file a complete application without a

fingerprint card, and to appear at a Service office, or other location

designated by the Service, for fingerprinting in accordance with the

new fingerprinting procedures being established in Sec. 103.2(e) after

filing the Form N-400, Application for Naturalization.

12. Changes in Sec. 332.2

In Sec. 332.2, the Service is amending the regulations to remove

references to fingerprinting services being provided by non-profit

organizations. The change is necessary because the new legislation

relating to fingerprinting applicants and petitioners for immigration

benefits prohibits the Service from accepting fingerprint cards

prepared by any organization other than the Service, registered State

or local law enforcement agencies, United States consular offices, or

United States military installations abroad.

13. Changes in Sec. 335.2

The FBI currently performs criminal background checks on applicants

for naturalization and notifies the Service of the results of these

checks. It has been Service policy to request applicants for

naturalization to appear for examination on the application only after

receiving such a notice from the FBI. In Sec. 335.2, the Service is

amending the regulations to require a definitive response from the FBI

on the criminal background check on an applicant for naturalization. A

definitive response is defined as a response from the FBI that: (1) An

applicant does not have an administrative or criminal record; (2) an

applicant does not have an administrative or criminal record; or (3) an

applicant's fingerprints cannot be classified for purposes of

conducting a criminal background check, despite the

[[Page 12983]]

FBI's receipt of two properly prepared fingerprint cards. In the case

of an applicant whose fingerprints cannot be classified, Service

quality assurance procedures require the applicant to submit police

clearances to the Service before final adjudication of the

naturalization application.

Good Cause Exception

The Service's implementation of this rule as an interim rule, with

provision for post-promulgation public comments, is based on the ``good

cause'' exceptions found at 5 U.S.C 553(b)(B) and (d)(3). The reason

and necessity for immediate implementation of this interim rule without

prior notice and comment is that new legislation prohibiting the

Service from accepting fingerprint cards unless prepared by a Service

office, a registered State or local law enforcement agency, a United

States consular office at a United States embassy or consulate, or a

United States military installation abroad, became effective December

3, 1997.

This rule is needed in order to establish the new fingerprinting

process for applications and petitions filed on or after December 3,

1997. Accordingly, any delays in the implementation of the new

fingerprinting process required by this law will result in unnecessary

delays in the filing and adjudication of applications and petitions for

immigration benefits, without a corresponding public benefit.

Furthermore, Congress addressed its intent to permit the Service to use

interim regulatory authority in the early stages of this program. In

particular, the Congressional Record of November 13, 1997, at page

H10837 notes:

An interim regulation may be employed in the early stages of the

program, to implement all aspects of the program, including setting

of a fingerprint fee, while the normal studies to justify a fee

regulation are being conducted.

For these reasons, the Commissioner has determined that delaying

the implementation of this rule would be unnecessary and contrary to

the public interest, and that there is good cause for dispensing with

the requirements of prior notice. However, the Service welcomes public

comment on this interim rule and will address those comments prior to

the implementation of the final rule.

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 not have a significant economic impact on a substantial number of

small entities. This rule, which provides procedures for the taking and

submission of fingerprints under the standards of the new legislation,

relates to applicants and petitioners for immigration benefits and does

not have a significant adverse effect on small businesses. Any adverse

economic impact on DFS entities is necessitated by the new legislation

which, as of December 3, 1997, prohibits the Service from accepting

fingerprint cards unless prepared by the Service, a registered State

and local law enforcement agency, a United States consular office at a

United States embassy or consulate, or a United States military

installation abroad.

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 of 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 for review.

Executive Order 12612

The regulation adopted 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 the

preparation of a Federalism Assessment.

Executive Order 12988 Civil Justice Reform

This interim rule meets the applicable standards set forth in

sections 3(a) and 3(b)(2) of Executive Order 12988.

List of Subjects

8 CFR Part 103

Administrative practice and procedure, Authority delegations

(Government agencies), Reporting and recordkeeping requirements.

8 CFR Part 204

Administrative practice and procedure, Aliens, Employment,

Immigration, Petitions.

8 CFR Part 208

Administrative practice and procedure, Aliens, Immigration,

Reporting and recordkeeping requirements.

8 CFR Part 209

Aliens, Immigration, Refugees.

8 CFR Part 244

Administrative practice and procedure, Aliens.

8 CFR Part 245

Aliens, Immigration, Reporting and recordkeeping requirements.

8 CFR Part 264

Aliens, Registration and fingerprinting, Reporting and

recordkeeping requirements.

8 CFR Part 299

Immigration, Reporting and recordkeeping requirements.

8 CFR Part 316

Citizenship and naturalization, Reporting and recordkeeping

requirements.

8 CFR Part 332

Citizenship and naturalization, Education, Reporting and

recordkeeping requirements.

8 CFR Part 335

Administrative practice and procedure, Authority delegations

(Government agencies), Citizenship and naturalization, Reporting and

recordkeeping requirements.

Accordingly, chapter I of title 8 of the Code of Federal

Regulations is amended as follows:

[[Page 12984]]

PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF

SERVICE RECORDS

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

follows:

Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1201, 1252

note, 1252b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874,

15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.

Sec. 103.1 [Amended]

2. Section 103.1 is amended by:

a. Removing the ``; and'' at the end of paragraph (f)(3)(iii)(MM)

and adding a period in its place; and by

b. Removing paragraph (f)(3)(iii)(NN).

3. Section 103.2 is amended by:

a. Revising paragraph (a)(1);

b. Revising paragraph (a)(7);

c. Revising paragraph (b)(9);

d. Revising the heading for paragraph (b)(10);

e. Revising paragraph (b)(10)(i);

f. Revising paragraph (b)(13);

g. Revising paragraph (b)(14); and by

h. Revising paragraph (e), to read as follows:

Sec. 103.2 Applications, petitions, and other documents.

(a) Filing. (1) General. Every application, petition, appeal,

motion, request, or other document submitted on the form prescribed by

this chapter shall be executed and filed in accordance with the

instructions on the form, such instructions (including where an

application or petition should be filed) being hereby incorporated into

the particular section of the regulations in this chapter requiring its

submission. The form must be filed with the appropriate filing fee

required by Sec. 103.7. Except as exempted by paragraph (e) of this

section, forms which require an applicant, petitioner, sponsor,

beneficiary, or other individual to complete Form FD-258, Applicant

Card, must also be filed with the service fee for fingerprinting, as

required by Sec. 103.7(b)(1), for each individual who requires

fingerprinting. Filing fees and fingerprinting service fees are non-

refundable and, except as otherwise provided in this chapter, must be

paid when the application is filed.

* * * * *

(7) Receipt date.--(i) General. An application or petition received

in a Service office shall be stamped to show the time and date of

actual receipt and, unless otherwise specified in part 204 or part 245

of this chapter, shall be regarded as properly filed when so stamped,

if it is properly signed and executed and the required filing fee is

attached or a waiver of the filing fee is granted. An application or

petition which is not properly signed or is submitted with the wrong

filing fee shall be rejected as improperly filed. Rejected applications

and petitions, and ones in which the check or other financial

instrument used to pay the filing fee is subsequently returned as non-

payable will not retain a filing date. An application or petition taken

to a local Service office for the completion of biometric information

prior to filing at a Service Center shall be considered received when

physically received at a Service Center.

(ii) Non-payment. If a check or other financial instrument used to

pay a filing fee is subsequently returned as not payable, the remitter

shall be notified and requested to pay the filing fee and associated

service charge within 14 calendar days, without extension. If the

application or petition is pending and these charges are not paid

within 14 days, the application or petition shall be rejected as

improperly filed. If the application or petition was already approved,

and these charges are not paid, the approval shall be automatically

revoked because it was improperly field. If the application or petition

was already denied, revoked, or abandoned, that decision will not be

affected by the non-payment of the filing or fingerprinting fee. New

fees will be required with any new application or petition. Any fee and

service charges collected as the result of collection activities or

legal action on the prior application or petition shall be used to

cover the cost of the previous rejection, revocation, or other action.

(b) * * *

(9) Request for appearance. An applicant, a petitioner, a sponsor,

a beneficiary, or other individual residing in the United States at the

time of filing an application or petition may be required to appear for

fingerprinting or for an interview. A petitioner shall also be notified

when a fingerprinting notice or an interview notice is mailed or issued

to a beneficiary, sponsor, or other individual. The applicant,

petitioner, sponsor, beneficiary, or other individual may appear as

requested by the Service, or prior to the dates and times for

fingerprinting or of the date and time of interview:

(i) The individual to be fingerprinted or interviewed may, for good

cause, request that the fingerprinting or interview be rescheduled; or

(ii) The applicant or petitioner may withdraw the application or

petition.

(10) Effect of a request for initial or additional evidence for

fingerprinting or interview rescheduling--(i) Effect on processing. The

priority date of a properly filed petition shall not be affected by a

request for missing initial evidence or request for other evidence. If

an application or petition is missing required initial evidence, or an

applicant, petitioner, sponsor, beneficiary, or other individual who

requires fingerprinting requests that the fingerprinting appointment or

interview be rescheduled, any time period imposed on Service processing

will start over from the date of receipt of the required initial

evidence or request for fingerprint or interview rescheduling. If the

Service requests that the applicant or petitioner submit additional

evidence or respond to other than a request for initial evidence, any

time limitation imposed on the Service for processing will be suspended

as of the date of request. It will resume at the same point where it

stopped when the Service receives the requested evidence or response,

or a request for a decision based on the evidence.

* * * * *

(13) Effect of failure to respond to a request for evidence or

appearance. If all requested initial evidence and requested additional

evidence is not submitted by the required date, the application or

petition shall be considered abandoned and, accordingly, shall be

denied. Except as provided in Sec. 335.6 of this chapter, if an

individual requested to appear for fingerprinting or for an interview

does not appear, the Service does not receive his or her request for

rescheduling by the date of the fingerprinting appointment or

interview, or the applicant or petitioner has not withdrawn the

application or petition, the application or petition shall be

considered abandoned and, accordingly, shall be denied.

(14) Effect of request for decision. Where an applicant or

petitioner does not submit all requested additional evidence and

requests a decision based on the evidence already submitted, a decision

shall be issued based on the record. Failure to submit requested

evidence which precludes a material line of inquiry shall be grounds

for denying the application or petition. Failure to appear for required

fingerprinting or for a required interview, or to give required

testimony, shall result in the denial of the related application or

petition.

* * * * *

(e) Fingerprinting--(1) General. Service regulations in this

chapter, including the instructions to benefit applications and

petitions, require certain applicants, petitioners, beneficiaries,

sponsors, and other individuals to be fingerprinted on Form

[[Page 12985]]

FD-258, Applicant Card, for the purpose of conducting criminal

background checks. On and after December 3, 1997, the Service will

accept Form FD-258, Applicant Card, only if prepared by a Service

office, a registered State or local law enforcement agency designated

by a cooperative agreement with the Service to provide fingerprinting

services (DLEA), a United States consular office at United States

embassies and consulates, or a United States military installation

abroad.

(2) Fingerprinting individuals residing in the United States.

Beginning on December 3, 1997, for naturalization applications, and on

March 29, 1998, for all other applications and petitions, applications

and petitions for immigration benefits shall be filed as prescribed in

this chapter, without completed Form FD-258, Applicant Card. After the

filing of an application or petion, the Service will issue a notice to

all individuals who require fingerprinting and who are residing in the

United States, as defined in section 101(a)(38) of the Act, and request

their appearance for fingerprinting at a Service office or other

location designated by the Service, to complete Form FD-258, Applicant

Card, as prescribed in paragraph (b)(9) of this section.

(3) Fingerprinting individuals residing abroad. Individuals who

require fingerprinting and whose place of residence is outside of the

United States, must submit a properly completed Form FD-258, Applicant

Card, at the time of filing the application or petition for immigration

benefits. In the case of individuals who reside abroad, a properly

completed Form FD-258, Applicant Card, is one prepared by the Service,

a United States consular office at a United States embassy or consulate

or a United States military installation abroad. If an individual who

requires fingerprinting and is residing abroad fails to submit a

properly completed Form FD-258, Applicant Card, at the time of filing

an application or petition, the Service will issue a notice to the

individual requesting submission of a properly completed Form FD-258,

Applicant Card. The applicant or petitioner will also be notified of

the request for submission of a properly completed Form FD-258,

Applicant Card. Failure to submit a properly completed Form FD-258,

Applicant Card, in response to such a request within the time allotted

in the notice will result in denial of the application or petition for

failure to submit a properly completed Form FD-258, Applicant Card.

There is no appeal from denial of an application or petition for

failure to submit a properly completed Form FD-258, Applicant Card. A

motion to re-open an application or petition denied for failure to

submit a properly completed Form FD-258, Applicant Card, will be

granted only on proof that:

(i) A properly completed Form FD-258, Applicant Card, was submitted

at the time of filing the application or petition;

(ii) A properly completed Form FD-258, Applicant Card, was

submitted in response to the notice within the time allotted in the

notice; or

(iii) The notice was sent to an address other than the address on

the application or petition, or the notice of representation, or that

the applicant or petitioner notified the Service, in writing, of a

change of address or change of representation subsequent to filing and

before the notice was sent and the Service's notice was not sent to the

new address.

(4) Submission of service fee for fingerprinting--(i) General. The

Service will charge a fee, as prescribed in Sec. 103.7(b)(1), for

fingerprinting at a Service office or a registered State or local law

enforcement agency designated by a cooperative agreement with the

Service to provide fingerprinting services. Applications and petitions

for immigration benefits shall be submitted with the service fee for

fingerprinting for all individuals who require fingerprinting and who

reside in the United States at the time of filing the application or

petition.

(ii) Exemptions--(A) Individual residing abroad. Individuals who

require fingerprinting and who reside outside of the United States at

the time of filing an application or petition for immigration benefits

are exempt from the requirement to submit the service fee for

fingerprinting with the application or petition for immigration

benefits.

(B) Asylum applicants. Asylum applicants are exempt from the

requirement to submit the service fee for fingerprinting with the

application for asylum.

(iii) Insufficient service fee for fingerprinting; incorrect fees.

Applications and petitions for immigration benefits received by the

Service without the correct service fee for fingerprinting will not be

rejected as improperly filed, pursuant to paragraph (a)(7)(i) of this

section. However, the application or petition will not continue

processing and the Service will not issue a notice requesting

appearance for fingerprinting to the individuals who require

fingerprinting until the correct service fee for fingerprinting has

been submitted. The Service will notify the remitter of the filing fee

for the application or petition of the additional amount required for

the fingerprinting service fee and request submission of the correct

fee. The Service will also notify the applicant or petitioner, and,

when appropriate, the applicant or petitioner's representative, as

defined in paragraph (a)(3) of this section, of the deficiency. Failure

to submit the correct fee for fingerprinting in response to a notice of

deficiency within the time allotted in the notice will result in denial

of the application or petition for failure to submit the correct

service fee for fingerprinting. There is no appeal from the denial of

an application or petition for failure to submit the correct service

fee for fingerprinting. A motion to re-open an application or petition

denied for failure to submit the correct service fee for fingerprinting

will be granted only on proof that:

(A) The correct service fee for fingerprinting was submitted at the

time of filing the application or petition;

(B) The correct service fee for fingerprinting was submitted in

response to the notice of deficiency within the time allotted in the

notice; or

(C) The notice of deficiency was sent to an address other than the

address on the application or petition, or the notice of

representation, or that the applicant or petitioner notified the

Service, in writing, of a change of address or change of representation

subsequent to filing and before the notice of deficiency was sent and

the Service's notice of deficiency was not sent to the new address.

(iv) Non-payment of service fee for fingerprinting. If a check or

other financial instrument used to pay a service fee for fingerprinting

is subsequently returned as not payable, the remitter shall be notified

and requested to pay the correct service fee for fingerprinting and any

associated service charges within 14 calendar days. The Service will

also notify the applicant or petitioner and, when appropriate, the

applicant or petitioner's representative as defined in paragraph (a)(3)

of this section, of the non-payment and request to pay. If the correct

service fee for fingerprinting and associated service charges are not

paid within 14 calendar days, the application or petition will be

denied for failure to submit the correct service fee for

fingerprinting.

4. In Sec. 103.7, paragraph (b)(1) is amended by adding the entry

``For fingerprinting by the Service'' before the entry ``DCL System

Costs Fee'' to the listing of fees, to read as follows:

[[Page 12986]]

Sec. 103.7 Fees.

* * * * *

(b) * * *

(1) * * *

* * * * *

For fingerprinting by the Service. A service fee of $25 will be

charged by the Service for fingerprinting each applicant,

petitioner, sponsor, or other individual who is required to complete

Form FD-258 in connection with an application or petition for an

immigration benefit (other than asylum) and whose residence is in

the United States, as defined in section 101(a)(38) of the Act.

* * * * *

Sec. 103.7 [Amended]

5. In Sec. 103.7, paragraph (b)(1) is amended by removing the entry

for ``Form I-850'' from the listing of fees.

PART 204--IMMIGRANT PETITIONS

6. The authority citation for part 204 is revised to read as

follows:

Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a,

1255, 1641; 8 CFR part 2.

7. Section 204.3 is amended by:

a. Adding the word ``and'' at the end of paragraph (c)(1)(iii);

b. Removing paragraph (c)(1)(iv);

c. Redesignating paragraph (c)(1)(v) as paragraph (c)(1)(iv);

d. Removing paragraph (c)(1)(vi); and

e. Adding a new paragraph (c)(3), to read as follows:

Sec. 204.3 Orphans.

* * * * *

(c) * * *

(3) After receipt of a properly filed advanced processing

application, the Service will fingerprint each member of the married

prospective adoptive couple or the unmarried prospective adoptive

parent, as prescribed in Sec. 103.2(e) of this chapter. The Service

will also fingerprint each additional adult member of the prospective

adoptive parents' household, as prescribed in Sec. 103.2(e) of this

chapter. The Service may waive the requirement that each additional

adult member of the prospective adoptive parents' household be

fingerprinted when it determines that such adult is physically unable

to be fingerprinted because of age or medical condition.

* * * * *

8. Section 204.4 is amended by:

a. Removing paragraph (f)(1)(iv); and

b. Revising the second sentence of paragraph (d)(1), to read as

follows:

Sec. 204.4 Amerasian child of a United States citizen.

* * * * *

(d) * * *

(1) * * * If the preliminary processing is completed in a

satisfactory manner, the director shall advise the petitioner to submit

the documentary evidence required in paragraph (f)(1) of this section

and shall fingerprint the sponsor in accordance with Sec. 103.2(e) of

this chapter. * * *

* * * * *

PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL

9. The authority citation for part 208 continues to read as

follows:

Authority: 8 U.S.C. 1103, 1158, 1226, 1252, 1282; 8 CFR part 2.

10. Section 208.7 is amended by revising paragraph (a)(2), to read

as follows:

Sec. 208.7 Employment authorization.

(a) * * *

(2) The time periods within which the alien may not apply for

employment authorization and within which the Service must respond to

any such application and within which the asylum application must be

adjudicated pursuant to section 208(d)(5)(A)(iii) of the Act shall

begin when the alien has filed a complete asylum application in

accordance with Secs. 208.3 and 208.4. Any delay requested or caused by

the applicant shall not be counted as part of these time periods,

including delays caused by failure without good cause to follow the

requirements for fingerprint processing. Such time periods shall also

be extended by the equivalent of the time between issuance of a request

for evidence pursuant to Sec. 103.2(b)(8) of this chapter and the

receipt of the applicant's response to such request.

* * * * *

11. Section 208.10 is revised to read as follows:

Sec. 208.10 Failure to appear at an interview before an asylum officer

or failure to follow requirements for fingerprint processing.

Failure to appear for a scheduled interview without prior

authorization may result in dismissal of the application or waiver of

the right to an interview. Failure to comply with fingerprint

processing requirements without good cause may result in dismissal of

the application or waiver of the right to an adjudication by an asylum

officer. Failure to appear shall be excused if the notice of the

interview or fingerprint appointment was not mailed to the applicant's

current address and such address had been provided to the Office of

International Affairs by the applicant prior to the date of mailing in

accordance with section 265 of the Act and regulations promulgated

thereunder, unless the asylum officer determines that the applicant

received reasonable notice of the interview or fingerprinting

appointment. Failure to appear at the interview or fingerprint

appointment will be excused if the applicant demonstrates that such

failure was the result of exceptional circumstances.

12. Section 208.14 is amended by revising paragraph (b)(2), to read

as follows:

Sec. 208.14 Approval, denial, or referral of application.

* * * * *

(b) * * *

(2) If the alien appears to be deportable, excludable or removable

under section 240 of the Act, the asylum officer shall either grant

asylum or refer the application to an immigration judge for

adjudication in deportation, exclusion, or removal proceedings. An

asylum officer may refer such an application after an interview

conducted in accordance with Sec. 208.9, or if, in accordance with

Sec. 208.10, the applicant is deemed to have waived his or her right to

an interview or an adjudication by an asylum officer.

* * * * *

PART 209--ADJUSTMENT OF STATUS OF REFUGEES AND ALIENS GRANTED

ASYLUM

12. The authority citation for part 209 continues to read as

follows:

Authority: 8 U.S.C. 1101, 1103, 1157, 1158, 1159, 1228, 1252,

1282; 8 CFR part 2.

13. Section 209.1 is amended by revising the third sentence of

paragraph (b), to read as follows:

Sec. 209.1 Admission for permanent residence after 1 year.

* * * * *

(b) * * * If the refugee entrant has been physically present in the

United States for at least 1 year, Form G-325A, Biographic Information,

will be processed, and the refugee entrant shall be fingerprinted on

Form FD-258, Applicant Card, as prescribed in Sec. 103.2(e) of this

chapter. * * *

14. Section 209.2 is amended by removing the second sentence of

paragraph (c), and adding two sentences in its place, to read as

follows:

Sec. 209.2 Adjustment of status of alien granted asylum.

* * * * *

(c) * * * A separate application must be filed by each alien. If

the alien is 14 years of age or older, the application must be

accompanied by a completed Form G-325A, Biographic Information, and the

alien shall be fingerprinted on Form FD-258, Applicant Card, as

[[Page 12987]]

prescribed in Sec. 103.2(e) of this chapter. * * *

* * * * *

PART 244--TEMPORARY PROTECTED STATUS FOR NATIONAL OF DESIGNATED

STATES

15. The authority citation for part 244 continues to read as

follows:

Authority: 8 U.S.C. 1103, 1254, 1254a note, 8 CFR part 2.

16. Section 244.6 is revised to read as follows:

Sec. 244.6 Application.

An application for Temporary Protected Status shall be made in

accordance with Sec. 103.2 of this chapter except as provided herein.

Each application must be filed with the filing and fingerprinting fees,

as provided in Sec. 103.7 of this chapter, by each individual seeking

temporary protected status, except that the filing fee for the Form I-

765 will be charged only for those aliens who are nationals of El

Salvador, and are between the ages of 14 and 65 (inclusive), and are

requesting work authorization. Each application must consist of a

completed Form I-821, Application for temporary protected status, Form

I-765, Application for Employment Authorization, two identification

photographs (1\1/2\'' x 1\1/2\''), and supporting evidence as

provided in Sec. 240.9 of this chapter. Every applicant who is 14 years

of age or older shall be fingerprinted on Form FD-258, Applicant Card,

as prescribed in Sec. 103.2(e) of this chapter.

PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR

PERMANENT RESIDENCE

17. The authority citation for part 245 continues to read as

follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1255; 8 CFR part 2.

18. Section 245.7 is amended by revising paragraph (a), to read as

follows:

Sec. 245.7 Adjustment of status of certain Soviet and Indochinese

parolees under the Foreign Operations Appropriations Act for Fiscal

Year 1990 (Pub. L. 101-167).

(a) Application. Each person applying for benefits under section

599E of Public Law 101-167 (103 Stat. 1195, 1263) must file Form I-485,

Application to Register Permanent Residence or Adjust Status, with the

director having jurisdiction over the applicant's place of residence

and must pay the appropriate filing and fingerprinting fee, as

prescribed in Sec. 103.7 of this chapter. Each application shall be

accompanied by Form I-643, Health and Human Services Statistical Data

for Refugee/Asylee Adjusting Status, and the results of a medical

examination given in accordance with Sec. 245.8. In addition, if the

applicant has reached his or her 14th birthday but is not over 79 years

of age, the application shall be accompanied by a completed Form G-

325A, Biographic Information, and the applicant shall be fingerprinted

on Form FD-258, Applicant Card, as prescribed in Sec. 103.2(e) of this

chapter.

* * * * *

PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED

STATES

19. The authority citation for part 264 continues to read as

follows:

Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.

20. Section 264.2 is amended by:

a. Removing and reserving paragraph (c)(1)(iii);

b. Removing and reserving paragraph (c)(2)(iii);

c. Removing the phrase ``, or his/her fingerprints on Form FD-258''

from paragraph (c)(3);

d. Redesignating paragraphs (d) through (h) as paragraphs (e)

through (i), respectively; and by

e. Adding a new paragraph (d), to read as follows:

Sec. 264.2 Application for creation of record of permanent residence.

* * * * *

(d) Fingerprinting. After filing an application, each applicant 14

years of age or older shall be fingerprinted on Form FD-258, Applicant

Card, as prescribed in Sec. 103.2(e) of this chapter.

* * * * *

21. Section 264.5 is amended by:

a. Removing paragraph (e)(1)(v);

b. Redesignating paragraphs (e)(3)(i) and (e)(3)(ii) as paragraphs

(e)(3)(ii) and (e)(3)(iii);

c. Adding the word ``fingerprinting,'' immediately after the phrase

``person filing,'' in newly redesignated paragraph (e)(3)(iii); and by

d. Adding a new paragraph (e)(3)(i), to read as follows:

Sec. 264.5 Application for a replacement Alien Registration Card.

* * * * *

(e) * * *

(3) * * *

(i) Fingerprinting. After filing an I-90 application, each

applicant shall be fingerprinted on Form FD-258, Applicant Card, as

prescribed in Sec. 103.2(e) of this chapter.

* * * * *

PART 299--IMMIGRATION FORMS

2. The authority citation for part 299 continues to read as

follows:

Authority: 8 U.S.C. 1101, 1103, 8 CFR part 2.

Sec. 299.1 [Amended]

23. Section 299.1 is amended in the table by removing the entries

for Form ``I-850'' and ``I-850A''.

Sec. 299.5 [Amended]

24. Section 299.5 is amended in the table by removing the entries

for Forms ``I-850'' and ``I-850A''.

PART 316--GENERAL REQUIREMENTS FOR NATURALIZATION

25. The authority citation for part 316 continues to read as

follows:

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

26. Section 316.4 is amended by:

a. Adding the word ``and'' at the end of paragraph (a)(2);

b. Removing paragraph (a)(3);

c. Redesignating paragraph (a)(4) as paragraph (a)(3);

d. Redesignating paragraph (b) as paragraph (c); and by

e. Adding a new paragraph (b), to read as follows:

Sec. 316.4 Application; documents.

* * * * *

(b) Each applicant who files Form N-400, Application for

Naturalization, shall be fingerprinted on Form FD-258, Applicant Card,

as prescribed in Sec. 103.2(e) of this chapter.

* * * * *

PART 332--NATURALIZATION ADMINISTRATION

27. The authority citation for part 332 continues to read as

follows:

Authority: 8 U.S.C. 1103, 1443, 1447.

Sec. 332.2 [Amended]

28. Section 332.2 is amended by:

a. Removing the words ``and fingerprinting'' from the section

heading; and by

b. Removing the phrase ``, fingerprinting services or both'' from

the end of the first sentence.

PART 335--EXAMINATION ON APPLICATION FOR NATURALIZATION

29. The authority citation for part 335 continues to read as

follows:

Authority: 8 U.S.C. 1103, 1443, 1147.

30. Section 335.2 is amended by:

a. Redesignating paragraphs (b) through (e) as paragraphs (c)

through (f), respectively; and by

[[Page 12988]]

b. Adding a new paragraph (b), to read as follows:

Sec. 335.2 Examination of applicant.

* * * * *

(b) Completion of criminal background checks before examination.

The Service will notify applicants for naturalization to appear before

a Service officer for initial examination on the naturalization

application only after the Service has received a definitive response

from the Federal Bureau of Investigation that a full criminal

background check of an applicant has been completed. A definitive

response that a full criminal background check on an applicant has been

completed includes:

(1) Confirmation from the Federal Bureau of Investigation that an

applicant does not have an administrative or a criminal record;

(2) Confirmation from the Federal Bureau of Investigation that an

applicant has an administrative or a criminal record; or

(3) Confirmation from the Federal Bureau of Investigation that two

properly prepared fingerprint cards (Form FD-258) have been determined

unclassifiable for the purpose of conducting a criminal background

check and have been rejected.

* * * * *

Dated: March 10, 1998.

Doris Meissner,

Commissioner, Immigration, and Naturalization Service.

[FR Doc. 98-6828 Filed 3-16-98; 8:45 am]

BILLING CODE 4410-10-M