[Federal Register Volume 62, Number 182 (Friday, September 19, 1997)]
[Rules and Regulations]
[Pages 49131-49132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24912]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 316
[INS No. 1861-97]
RIN 1115-AE84
Adding the Missouri Botanical Garden to the Listing of American
Institutions of Research
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 adding the Missouri Botanical Garden (research
and educational programs only) to the list of American institutions of
research recognized by the Attorney General for the purpose of
preserving residence in the United States for naturalization. Persons
and their dependents who expect to be continuously absent from the
United States for a year or more because of work at one of the American
institutions of research recognized by the Attorney General may be
given permission to be absent without interrupting continuous residence
for naturalization purposes. This change is necessary because such
recognized institutions are published in the Service's regulations.
Based on the findings of the St. Louis Officer-in-Charge, the Regional
Director of the Central Region determined and ordered on May 9, 1997,
that the Missouri Botanical Garden (research and educational programs
only) be recognized as an American institution of research recognized
by the Attorney General.
DATES: This final rule is effective October 20, 1997.
FOR FURTHER INFORMATION CONTACT: Jane B. Barker, Senior Adjudications
Officer, Benefits Branch, Immigration and Naturalization Service, 425 I
Street, NW., Room 3214, Washington, DC 20536, telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION: Pursuant to Service regulations, after an
applicant has been admitted for permanent residence, he or she must
reside in the United States continuously for at least 5 years before
filing an application for naturalization. Under certain circumstances,
persons and their dependents who expect to be continuously absent from
the United States for a year or more because of work at one of the
American institutions of research recognized by the Attorney General
may be given permission to be absent without interrupting continuous
residence for naturalization purposes. Based on the findings of the St.
Louis Officer-in-Charge, the Regional Director of the Central Region
determined and ordered on May 9, 1997, that the Missouri botanical
Garden (research and education programs only) is an American
institution of research for the purpose of preserving residence in the
United States for naturalization. Accordingly, Sec. 316.20(a) will be
amended by adding that institution to the list of American institutions
of research recognized by the Attorney General.
Good Cause Exception
The Service's implementation of its rule as a final rule is based
upon the ``good cause'' exceptions found at 5 U.S.C. 553 (b)(B) and
(d)(3). The reason for immediate implementation of this final rule is
as follows: This rule is editorial in nature and merely updates the
existing institutional listings currently contained in Title 8 of the
Code of Federal Regulations.
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 the rule
will not have a significant economic effect on a substantial number of
small entities because of the following factors. This rule is editorial
in nature 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 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 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
This rule meets the applicable standards set forth in section 3(a)
and 3(b)(2) of E.O. 12988.
List of Subjects in 8 CFR Part 316
Citizenship and Naturalization.
Accordingly, part 3 of chapter I of title 8 of the Code of Federal
Regulations is amended as follows:
[[Page 49132]]
PART 316--GENERAL REQUIREMENTS FOR NATURALIZATION
1. The authority citation for part 316 continues to read as
follows:
Authority. 8 U.S.C. 1103, 1181, 1182, 1443, 1447; 8 CFR 2.
Sec. 316.20 [Amended]
2. In Sec. 316.20, paragraph (a) is amended by adding the American
institution of research ``Missouri Botanical Garden (research and
educational programs only)'' immediately after ``Michigan State
University, East Lansing, MI.''
Dated: September 5, 1997.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 97-24912 Filed 9-18-97; 8:45 am]
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