Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 57835

§ 1212.3 Application for the exercise of 

discretion under former section 212(c). 

(a) Jurisdiction. An application by an 

eligible alien for the exercise of 

discretion under former section 212(c) 

of the Act (as in effect prior to April 1, 

1997), if made in the course of 

proceedings under section 240 of the 

Act, or under former sections 235, 236, 

or 242 of the Act (as in effect prior to 

April 1, 1997), shall be submitted to the 

immigration judge by filing Form I–191, 

Application for Advance Permission to 

Return to Unrelinquished Domicile. 

(b) * * * All material facts or 

circumstances that the applicant knows 

or believes apply to the grounds of 

excludability, deportability, or 

removability must be described in the 

application. * * * 

(c) [Reserved] 

(d) Validity. Once an application is 

approved, that approval is valid 

indefinitely. However, the approval 

covers only those specific grounds of 

excludability, deportability, or 

removability that were described in the 

application. An applicant who failed to 

describe any other grounds of 

excludability, deportability, or 

removability, or failed to disclose 

material facts existing at the time of the 

approval of the application, remains 

excludable, deportable, or removable 

under the previously unidentified 

grounds. If the applicant is excludable, 

deportable, or removable based upon 

any previously unidentified grounds a 

new application must be filed. 

(e) Filing or renewal of applications 

before an immigration judge. (1) An 

eligible alien may renew or submit an 

application for the exercise of discretion 

under former section 212(c) of the Act 

in proceedings before an immigration 

judge under section 240 of the Act, or 

under former sections 235, 236, or 242 

of the Act (as it existed prior to April 

1, 1997), and under this chapter. Such 

application shall be adjudicated by the 

immigration judge, without regard to 

whether the applicant previously has 

made application to the district director. 

(2) The immigration judge may grant 

or deny an application for relief under 

section 212(c), in the exercise of 

discretion, unless such relief is 

prohibited by paragraph (f) of this 

section or as otherwise provided by law. 

(3) An alien otherwise entitled to 

appeal to the Board of Immigration 

Appeals may appeal the denial by the 

immigration judge of this application in 

accordance with the provisions of 

§ 1003.38 of this chapter. 

(f) Limitations on discretion to grant 

an application under section 212(c) of 

the Act. An application for relief under 

former section 212(c) of the Act shall be 

denied if:

* * * * *

(3) The alien is subject to 

inadmissibility or exclusion from the 

United States under paragraphs (3)(A), 

(3)(B), (3)(C), (3)(E), or (10)(C) of section 

212(a) of the Act; 

(4) The alien has been charged and 

found to be deportable or removable on 

the basis of a crime that is an aggravated 

felony, as defined in section 101(a)(43) 

of the Act (as in effect at the time the 

application for section 212(c) relief is 

adjudicated), except as follows: 

(i) An alien whose convictions for one 

or more aggravated felonies were 

entered pursuant to plea agreements 

made on or after November 29, 1990, 

but prior to April 24, 1996, is ineligible 

for section 212(c) relief only if he or she 

has served a term of imprisonment of 

five years or more for such aggravated 

felony or felonies, and 

(ii) An alien is not ineligible for 

section 212(c) relief on account of an 

aggravated felony conviction entered 

pursuant to a plea agreement that was 

made before November 29, 1990; or 

(5) The alien is deportable under 

former section 241 of the Act or 

removable under section 237 of the Act 

on a ground which does not have a 

statutory counterpart in section 212 of 

the Act.

* * * * *

(h) Availability of section 212(c) relief 

for aliens who pleaded guilty or nolo 

contendere to certain crimes. For 

purposes of this section, the date of the 

plea agreement will be considered the 

date the plea agreement was agreed to 

by the parties. Aliens are not eligible to 

apply for section 212(c) relief under the 

provisions of this paragraph with 

respect to convictions entered after trial. 

(1) Pleas before April 24, 1996. 

Regardless of whether an alien is in 

exclusion, deportation, or removal 

proceedings, an eligible alien may apply 

for relief under former section 212(c) of 

the Act, without regard to the 

amendment made by section 440(d) of 

the Antiterrorism and Effective Death 

Penalty Act of 1996, with respect to a 

conviction if the alien pleaded guilty or 

nolo contendere and the alien’s plea 

agreement was made before April 24, 

1996. 

(2) Pleas between April 24, 1996 and 

April 1, 1997. Regardless of whether an 

alien is in exclusion, deportation, or 

removal proceedings, an eligible alien 

may apply for relief under former 

section 212(c) of the Act, as amended by 

section 440(d) of the Antiterrorism and 

Effective Death Penalty Act of 1996, 

with respect to a conviction if the alien 

pleaded guilty or nolo contendere and 

the alien’s plea agreement was made on 

or after April 24, 1996, and before April 

1, 1997. 

(3) Please on or after April 1, 1997. 

Section 212(c) relief is not available 

with respect to convictions arising from 

plea agreements made on or after April 

1, 1997.

PART 1240—PROCEEDINGS TO 

DETERMINE REMOVABILITY OF 

ALIENS IN THE UNITED STATES

■ 5. The authority citation for part 1240 

is revised to read as follows:

Authority: 8 U.S.C. 1103; 1182, 1186a, 

1224, 1225, 1226, 1227, 1251, 1252 note, 

1252a, 1252b, 1362; secs. 202 and 203, Pub. 

L. 105–100 (111 Stat. 2160, 2193); sec. 902, 

Pub. L. 105–277 (112 Stat. 2681).

§ 1240.1 [Amended]

■ 6. In § 1240.1, amend paragraph 

(a)(1)(ii) by removing the words ‘‘and 

section 902 of Pub. L. 105–277’’ and 

replacing them with the words ‘‘section 

902 of Pub. L. 105–277, and former 

section 212(c) of the Act (as it existed 

prior to April 1, 1997)’’.

Dated: September 20, 2004. 

John Ashcroft, 

Attorney General.

[FR Doc. 04–21605 Filed 9–27–04; 8:45 am] 

BILLING CODE 4410–30–P

FEDERAL RESERVE SYSTEM

12 CFR Part 201 

[Regulation A] 

Extensions of Credit by Federal 

Reserve Banks

AGENCY: Board of Governors of the 

Federal Reserve System.

ACTION: Final rule.

SUMMARY: The Board of Governors of the 

Federal Reserve System (Board) has 

adopted final amendments to its 

Regulation A to reflect the Board’s 

approval of an increase in the primary 

credit rate at each Federal Reserve Bank. 

The secondary credit rate at each 

Reserve Bank automatically increased 

by formula as a result of the Board’s 

primary credit rate action.

DATES: The amendments to part 201 

(Regulation A) are effective September 

28, 2004. The rate changes for primary 

and secondary credit were effective on 

the dates specified in 12 CFR 201.51, as 

amended.

FOR FURTHER INFORMATION CONTACT:

Jennifer J. Johnson, Secretary of the 

Board (202/452–3259); for users of 

57836 Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 

1The primary, secondary, and seasonal credit 

rates described in this section apply to both 

advances and discounts made under the primary, 

secondary, and seasonal credit programs, 

respectively.

Telecommunication Devices for the Deaf 

(TDD) only, contact 202/263–4869.

SUPPLEMENTARY INFORMATION: The 

Federal Reserve Banks make primary 

and secondary credit available to 

depository institutions as a backup 

source of funding on a short-term basis, 

usually overnight. The primary and 

secondary credit rates are the interest 

rates that the twelve Federal Reserve 

Banks charge for extensions of credit 

under these programs. In accordance 

with the Federal Reserve Act, the 

primary and secondary credit rates are 

established by the boards of directors of 

the Federal Reserve Banks, subject to 

the review and determination of the 

Board. 

The Board approved requests by the 

Reserve Banks to increase by 25 basis 

points the primary credit rate in effect 

at each of the twelve Federal Reserve 

Banks, thereby increasing from 2.50 

percent to 2.75 percent the rate that 

each Reserve Bank charges for 

extensions of primary credit. As a result 

of the Board’s action on the primary 

credit rate, the rate that each Reserve 

Bank charges for extensions of 

secondary credit automatically 

increased from 3.00 percent to 3.25 

percent under the secondary credit rate 

formula. The final amendments to 

Regulation A reflect these rate changes. 

The 25-basis-point increase in the 

primary credit rate was associated with 

a similar increase in the target for the 

federal funds rate (from 1.50 percent to 

1.75 percent) approved by the Federal 

Open Market Committee (Committee) 

and announced at the same time. A 

press release announcing these actions 

indicated that:

The Committee believes that, even after 

this action, the stance of monetary policy 

remains accommodative and, coupled with 

robust underlying growth in productivity, is 

providing ongoing support to economic 

activity. After moderating earlier this year 

partly in response to the substantial rise in 

energy prices, output growth appears to have 

regained some traction, and labor market 

conditions have improved modestly. Despite 

the rise in energy prices, inflation and 

inflation expectations have eased in recent 

months. 

The Committee perceives the upside and 

downside risks to the attainment of both 

sustainable growth and price stability for the 

next few quarters to be roughly equal. With 

underlying inflation expected to be relatively 

low, the Committee believes that policy 

accommodation can be removed at a pace 

that is likely to be measured. Nonetheless, 

the Committee will respond to changes in 

economic prospects as needed to fulfill its 

obligation to maintain price stability.

Regulatory Flexibility Act Certification 

Pursuant to the Regulatory Flexibility 

Act (5 U.S.C. 605(b)), the Board certifies 

that the new primary and secondary 

credit rates will not have a significantly 

adverse economic impact on a 

substantial number of small entities 

because the final rule does not impose 

any additional requirements on entities 

affected by the regulation. 

Administrative Procedure Act 

The Board did not follow the 

provisions of 5 U.S.C. 553(b) relating to 

notice and public participation in 

connection with the adoption of these 

amendments because the Board for good 

cause determined that delaying 

implementation of the new primary and 

secondary credit rates in order to allow 

notice and public comment would be 

unnecessary and contrary to the public 

interest in fostering price stability and 

sustainable economic growth. For these 

same reasons, the Board also has not 

provided 30 days prior notice of the 

effective date of the rule under section 

553(d). 

12 CFR Chapter II

List of Subjects in 12 CFR Part 201 

Banks, Banking, Federal Reserve 

System, Reporting and recordkeeping.

Authority and Issuance

■ For the reasons set forth in the 

preamble, the Board is amending 12 CFR 

Chapter II to read as follows:

PART 201—EXTENSIONS OF CREDIT 

BY FEDERAL RESERVE BANKS 

(REGULATION A)

■ 1. The authority citation for part 201 

continues to read as follows:

Authority: 12 U.S.C. 248(i)–(j), 343 et seq., 

347a, 347b, 347c, 348 et seq., 357, 374, 374a, 

and 461.

■ 2. In § 201.51, paragraphs (a) and (b) 

are revised to read as follows:

§ 201.51 Interest rates applicable to credit 

extended by a Federal Reserve Bank.1

(a) Primary credit. The interest rates 

for primary credit provided to 

depository institutions under § 201.4(a) 

are:

Federal Reserve 

Bank Rate Effective 

Boston ............... 2.75 September 21, 

2004. 

New York ........... 2.75 September 21, 

2004. 

Philadelphia ....... 2.75 September 21, 

2004. 

Cleveland .......... 2.75 September 21, 

2004. 

Richmond .......... 2.75 September 21, 

2004. 

Atlanta ............... 2.75 September 21, 

2004. 

Chicago ............. 2.75 September 21, 

2004. 

St. Louis ............ 2.75 September 22, 

2004. 

Minneapolis ....... 2.75 September 21, 

2004. 

Kansas City ....... 2.75 September 21, 

2004. 

Dallas ................ 2.75 September 21, 

2004. 

San Francisco ... 2.75 September 21, 

2004. 

(b) Secondary credit. The interest 

rates for secondary credit provided to 

depository institutions under 201.4(b) 

are:

Federal Reserve 

Bank Rate Effective 

Boston ............... 3.25 September 21, 

2004. 

New York ........... 3.25 September 21, 

2004. 

Philadelphia ....... 3.25 September 21, 

2004. 

Cleveland .......... 3.25 September 21, 

2004. 

Richmond .......... 3.25 September 21, 

2004. 

Atlanta ............... 3.25 September 21, 

2004. 

Chicago ............. 3.25 September 21, 

2004. 

St. Louis ............ 3.25 September 22, 

2004. 

Minneapolis ....... 3.25 September 21, 

2004. 

Kansas City ....... 3.25 September 21, 

2004. 

Dallas ................ 3.25 September 21, 

2004. 

San Francisco ... 3.25 September 21, 

2004. 

* * * * *

By order of the Board of Governors of the 

Federal Reserve System, September 22, 2004. 

Robert deV. Frierson, 

Deputy Secretary of the Board.

[FR Doc. 04–21668 Filed 9–27–04; 8:45 am] 

BILLING CODE 6210–02–P