[Federal Register: October 28, 2003 (Volume 68, Number 208)]
[Rules and Regulations]
[Page 61333-61334]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc03-5]
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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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