41888 Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations 

(iii) Minimum charge of $131 ($151, 

on or after March 1, 2008) per 

individual product; 

(iv) Minimum charge of $60 ($69, on 

or after March l, 2008) for each 

additional lot of the same product. 

(2) [RESERVED] 

(c) When performing inspections of 

products from sea containers unloaded 

directly from sea transportation or when 

palletized products unloaded directly 

from sea transportation are not offered 

for inspection at dock-side, the carlot 

fees in ‘‘a’’ of this section shall apply. 

(d) When performing inspections for 

Government agencies, or for purposes 

other than those prescribed in 

paragraphs (a) through (c) of this 

section, including weight-only and 

freezing-only inspections, fees for 

inspections shall be based on the time 

consumed by the grader in connection 

with such inspections, computed at a 

rate of $64 ($74, on or after March 1, 

2008) per hour; 

Provided, that: 

(1) Charges for time shall be rounded 

to the nearest half hour; 

(2) The minimum fee shall be two 

hours for weight-only inspections, and 

one-half hour for other inspections; 

(3) When weight certification is 

provided in addition to quality and/or 

condition inspection, a one hour charge 

shall be added to the carlot fee; 

(4) When inspections are performed to 

certify product compliance for Defense 

Personnel Support Centers, the daily or 

weekly charge shall be determined by 

multiplying the total hours consumed to 

conduct inspections by the hourly rate. 

The daily or weekly charge shall be 

prorated among applicants by 

multiplying the daily or weekly charge 

by the percentage of product passed 

and/or failed for each applicant during 

that day or week. Waiting time and 

overtime charges shall be charged 

directly to the applicant responsible for 

their incurrence. 

(e) When performing inspections at 

the request of the applicant during 

periods which are outside the grader’s 

regularly scheduled work week, a 

charge for overtime or holiday work 

shall be made at the rate of $33 for 

overtime and $66 for holiday work ($38 

for overtime and $74 for holiday work, 

on or after March 1, 2008) per hour or 

portion thereof in addition to the carlot 

equivalent fee, package charge, or 

hourly charge specified in this subpart. 

Overtime or holiday charges for time 

shall be rounded to the nearest half 

hour. 

(f) When an inspection is delayed 

because product is not available or 

readily accessible, a charge for waiting 

time shall be made at the prevailing 

hourly rate in addition to the carlot 

equivalent fee, package charge, or 

hourly charge specified in this subpart. 

Waiting time shall be rounded to the 

nearest half hour. 

Dated: July 26, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–14826 Filed 7–31–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Citizenship and Immigration 

Services 

8 CFR Part 103 

[CIS No. 2415–07; Docket No. USCIS–2007–

0039] 

RIN 1615–AB60 

Temporary Adjustment of the 

Immigration and Naturalization Benefit 

Application and Petition Fee Schedule 

for Certain Adjustment of Status and 

Related Applications 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Final rule. 

SUMMARY: This rule temporarily amends 

the applicable fees for employmentbased Forms I–485, ‘‘Application to 

Register Permanent Residence or Adjust 

Status,’’ and applications for derivative 

benefits associated with such Forms I–

485 filed pursuant to the Department of 

State’s July Visa Bulletin No. 107, dated 

June 12, 2007. The fees for all other 

petitions and applications administered 

by U.S. Citizenship and Immigration 

Services will continue in force as 

effective on July 30, 2007. 

DATES: Effective Date: This rule is 

effective July 30, 2007, at 12:02 a.m. 

EST. 

FOR FURTHER INFORMATION CONTACT: 

Efren Hernandez III, Business and Trade 

Services, Service Center Operations 

(Business and Trade Services), U.S. 

Citizenship and Immigration Services, 

Department of Homeland Security, 111 

Massachusetts Avenue, Suite 3000, 

Washington, DC 20001, telephone (202) 

272–8400. 

SUPPLEMENTARY INFORMATION: 

I. Background 

1. USCIS Fee Schedule 

On May 30, 2007, USCIS published 

the final rule, effective July 30, 2007, 

‘‘Adjustment of the Immigration and 

Naturalization Benefit Application and 

Petition Fee Schedule,’’ amending 8 

CFR part 103 to prescribe new fees to 

fund the cost of processing applications 

and petitions for immigration and 

naturalization benefits and services, and 

USCIS’ associated operating costs 

pursuant to section 286(m) of the 

Immigration and Nationality Act (INA), 

8 U.S.C. 1356(m). 72 FR 29851. That 

rule provides that applications that are 

submitted to USCIS with the incorrect 

fee will be rejected. For the reasons 

described below, USCIS, through this 

rule, is amending the fees again on a 

temporary basis for certain applications. 

This rule will become effective 

immediately after the final fee rule 

published on May 30, 2007, and makes 

only temporary modifications to that 

rule to respond to the events described 

below. The rule provides limited relief 

for specific applicants from the final fee 

rule published on May 30, 2007. The 

effect of this rule is limited to those 

applications filed before August 18, 

2007. For applications filed on or after 

August 18, 2007, the fees set forth in the 

final rule published on May 30, 2007, 

will be required. USCIS will remove this 

regulation by another rule to be 

published in Federal Register on or 

about August 17, 2007, to be effective 

August 18, 2007. 

2. Visa Availability—Summary 

The INA establishes formulas and 

numerical limits for regulating persons 

immigrating to the United States for 

permanent residence, to include 

defining the employment-based 

immigrant visa classifications. INA sec. 

201 et seq., 8 U.S.C. 1151 et seq. The 

INA provides an annual world-wide 

numerical limit on the number of aliens 

who may immigrate to the United 

States, as well as an annual per-country 

numerical limit on the number of aliens 

who may emigrate from a particular 

country. INA sections 201(d) and 

202(a)(2), 8 U.S.C. 1151(d) and 

1152(a)(2). In addition, the INA 

allocates the total number of world-wide 

visas among five employment-based 

categories or preferences. INA sec. 

203(b), 8 U.S.C. 1153(b). Taken together, 

the total number of visas, the country 

from which an alien emigrates, and the 

allocation of visas among the preference 

categories, determines whether a 

particular alien may immigrate to the 

United States at a certain date. 

The Department of State (DOS) 

determines the availability of immigrant 

visa numbers. See INA sections 203(e) 

and (g), 8 U.S.C. 1153(e) and (g). DOS 

also controls individual allocation of 

employment-based immigrant visas. 22 

CFR 42.32. DOS publishes a ‘‘Visa 


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Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations 41889 

Bulletin’’ each month which 

summarizes the availability of 

immigrant visa numbers. 

The INA provides that the Secretary 

of Homeland Security may approve an 

application to adjust status if an 

immigrant visa is immediately available 

at the time the application is filed. See 

INA sec. 245(a)(3), 8 U.S.C. 1255(a)(3). 

Pursuant to Department of Homeland 

Security regulations, an immigrant visa 

is considered available, and an 

adjustment of status application can be 

filed and processed, if the applicant has 

a priority date earlier than the date 

shown in the current DOS Visa Bulletin. 

8 CFR 245.1(g)(1). 

3. The July Visa Bulletin 

On June 12, 2007, DOS published July 

Visa Bulletin No. 107. This Visa 

Bulletin indicated that all visas were 

current and immediately available for 

most employment-based categories. On 

July 2, 2007, DOS published Visa 

Bulletin No. 108, announcing that there 

would be no further visa number 

authorizations for employment-based 

applications. USCIS announced on that 

day that it would not accept any 

additional employment-based 

adjustment of status applications. 

4. USCIS July 17, 2007 Announcement 

After consulting with USCIS, DOS 

advised USCIS that July Visa Bulletin 

No. 107 should be relied upon for 

purposes of determining whether 

employment-based immigrant visa 

numbers are currently available. DOS 

has withdrawn Visa Bulletin No. 108. 

Consequently, USCIS announced that, 

beginning July 17, 2007, and ending at 

the close of business on August 17, 

2007, it will accept employment-based 

Forms I–485 filed by aliens whose 

priority dates are current under Visa 

Bulletin No. 107. See ‘‘USCIS 

Announces Revised Processing 

Procedures for Adjustment of Status 

Applications’’ at http://www.uscis.gov/ 

files/pressrelease/ 

VisaBulletinUpdate17Jul07.pdf. Visa 

Bulletin No. 107 is available at the DOS 

Web site at http://travel.state.gov/visa/ 

frvi/bulletin/bulletin_3258.html or may 

be obtained by calling the Information 

contact listed in this rule. Applicable 

derivative benefit applications are Form 

I–765, ‘‘Application for Employment 

Authorization,’’ and Form I–131, 

‘‘Application for Travel Document,’’

eligibility for which are based on the 

Form I–485 filing. 

5. Changes Made by This Rule 

Because of the mid-month change to 

the Visa Bulletin, USCIS has determined 

that aliens in employment-based 

categories filing applications pursuant 

to Visa Bulletin No. 107 should not be 

required to pay filing fees based on the 

fee schedule that becomes effective July 

30, 2007. Therefore, as a result of this 

rule, aliens who file an employmentbased Form I–485 and any related 

Forms I–765 and I–131, pursuant to Visa 

Bulletin No. 107, through August 17, 

2007, must include the filing fees in 

effect prior to July 30, 2007. The new fee 

schedule becomes effective on July 30, 

2007, for all other immigration and 

naturalization applications and 

petitions and on August 18, 2007, for 

Forms I–485 filed pursuant to Visa 

Bulletin No. 107 and to all subsequent 

or ‘‘renewal’’ applications for advance 

parole and employment authorization 

based on pending Forms I–485 filed 

pursuant to Visa Bulletin No. 107. 

This rule does not affect the increase 

in fees, pursuant to the final fee 

schedule, set to take effect on July 30, 

2007, for Form I–140, ‘‘Immigrant 

Petition for Alien Worker.’’ Therefore, 

aliens who file Form I–140 concurrently 

with Form I–485 based on Visa Bulletin 

No. 107 between July 30, 2007, and 

August 17, 2007, must provide the postJuly 30, 2007, fee for the Form I–140 

and the pre-July 30, 2007, fee for Form 

I–485. See 8 CFR 245.2(a)(2)(i)(C) 

(concurrent filing provisions). The 

current fee for Form I–485 is $325. 

Therefore, under this rule, the 

application fee for an employmentbased Form I–485 filed between July 17 

and August 17, 2007, pursuant to Visa 

Bulletin No. 107 is $325. In another 

rulemaking to be published on or about 

August 17, 2007, USCIS will separately 

terminate the effect of this rule, as of 

August 18, 2007 the fees will be as 

prescribed by the final rule of May 30, 

2007, or $930 for Form I–485. 

Similarly, this rule amends the 

effective date of the increase in the 

Biometric Services Fee that must 

accompany Forms I–485 or Forms I–131 

or I–765 that are based on a pending I–

485, submitted pursuant to Visa Bulletin 

No. 107 between July 30, 2007 and 

August 17, 2007. As of July 30, 2007, the 

fee for biometric services is $80 for all 

other benefits for which biometrics must 

be provided. 

This rule also provides that applicants 

filing Forms I–131 and I–765 in 

conjunction with a pending 

employment-based Form I–485 

submitted pursuant to Visa Bulletin No, 

107, must include the pre-July 30, 2007, 

fees for these applications with their 

filings: $170 for Form I–131 and $180 

for Form I–765. Moreover, all Forms I–

131 or I–765 filed as of August 18, 2007, 

while adjudication of their Forms I–485 

is pending must be accompanied by the 

new application fee. USCIS will not 

charge a fee for all other Forms I–131 

and I–765 when either is filed by an 

applicant who has paid the new Form 

I–485 application fee because the new 

fee schedule ‘‘bundles’’ the fees for 

current and subsequent Forms I–131 

and I–765 filed while the applicant 

awaits adjudication of Form I–485. 

II. Rulemaking Requirements 

This rule relates to internal agency 

management, procedure, and practice 

and is temporary in nature. 5 U.S.C. 

553(b)(A). This rule does not alter 

substantive criteria by which USCIS 

will approve or deny applications or 

determine eligibility for any 

immigration benefit, but relieves certain 

requirements for a definite period of 

time for specific applications. As a 

result, DHS is not required to provide 

the public with notice of a proposed 

rule and the opportunity to submit 

comments on the subject matter of this 

rule. DHS finds that good cause exists 

for adopting this final rule, without 

prior notice and public comment 

because the urgency of adopting this 

rule make prior notice and comment 

impractical and contrary to the public 

interest. 5 U.S.C. 553(b)(B). 

This rule relates to internal agency 

management, and, therefore, is exempt 

from the provisions of Executive Order 

Nos. 12630, 12988, 13045, 13132, 

13175, 13211, and 13272. Further, this 

action is not a rule as defined by the 

Regulatory Flexibility Act, 5 U.S.C. 601 

et seq., and is therefore exempt from the 

provisions of that Act. In addition, this 

rule is not subject to the National 

Environmental Policy Act of 1969 

(NEPA), 42 U.S.C. 4321 et seq., Title II 

of the Unfunded Mandates Reform Act 

of 1995, 2 U.S.C. Ch. 17A, 25, or the EGovernment Act of 2002, 44 U.S.C. 

3501, note. 

DHS finds that good cause exists for 

promulgating this rule without delaying 

the effective date of the rule because the 

rule relieves a requirement of existing 

regulations, must be adopted with an 

immediate effective date, and is 

temporary in nature. 5 U.S.C. 553(d)(1). 

This rule does not affect any 

information collections, reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act. 

List of Subjects in 8 CFR Part 103 

Administrative practice and 

procedures, Authority delegations 

(government agencies), Freedom of 

Information, Privacy, Reporting and 

recordkeeping requirements, and Surety 

bonds. 


sroberts on PROD1PC70 with RULES
41890 Federal Register / Vol. 72, No. 147 / Wednesday, August 1, 2007 / Rules and Regulations 

■ Accordingly, part 103 of chapter I of 

title 8 of the Code of Federal 

Regulations is amended as follows: 

PART 103—POWERS AND DUTIES; 

AVAILABILITY OF RECORDS 

■ 1. The authority citation for part 103 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552, 552(a); 8 

U.S.C. 1101, 1103, 1304, 1356; 31 U.S.C. 

9701; Public Law 107–296, 116 Stat. 2135 (6 

U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 

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

2. 

■ 2. Section 103.7 is amended by 

revising the entries ‘‘For capturing 

biometric information’’ and the entries 

for ‘‘Form I–131’’, ‘‘Form I–485’’, and 

‘‘Form I–765’’ in paragraph (b)(1) read 

as follows: 

§ 103.7 Fees. 

* * * * * 

(b) * * * 

(1) * * * 

* * * * * 

For capturing biometric information 

(Biometric Fee). A service fee of $80 

will be charged for any individual who 

is required to have biometric 

information captured in connection 

with an application or petition for 

certain immigration and naturalization 

benefits (other than asylum), and whose 

residence is in the United States; 

provided that: 

(1) Extension for intercountry 

adoptions: If applicable, no biometric 

service fee is charged when a written 

request for an extension of the approval 

period is received by USCIS prior to the 

expiration date of approval indicated on 

the Form I–171H if a Form I–600 has not 

yet been submitted in connection with 

an approved Form I–600A. This 

extension without fee is limited to one 

occasion. If the approval extension 

expires prior to submission of an 

associated Form I–600, then a complete 

application and fee must be submitted 

for a subsequent application. 

(2) Pursuant to Visa Bulletin No. 107: 

The Biometric Services Fee that must 

accompany Forms I–485, or Forms I–

131 or I–765 that are based on a pending 

I–485, that are submitted pursuant to 

U.S. Department of State Visa Bulletin 

No. 107, and filed with USCIS on or 

after July 30, 2007, and on or before 

August 17, 2007, is $70. 

* * * * * 

Form I–131. For filing an application 

for travel document—$305. However, 

the fee for Form I–131 that is submitted 

pursuant to U.S. Department of State 

Visa Bulletin No. 107 based on a 

pending I–485, and filed with USCIS on 

or after July 30, 2007, and on or before 

August 17, 2007, is $170. 

* * * * * 

Form I–485. For filing an application 

for permanent resident status or creation 

of a record of lawful permanent 

residence—$930 for an applicant 

fourteen years of age or older; $600 for 

an applicant under the age of fourteen 

years when submitted concurrently for 

adjudication with the Form I–485 of a 

parent and the applicant is seeking to 

adjust status as a derivative of the 

parent, based on a relationship to the 

same individual who provides the basis 

for the parent’s adjustment of status, or 

under the same legal authority as the 

parent; no fee for an applicant filing as 

a refugee under section 209(a) of the 

Act; provided that no additional fee will 

be charged for a request for travel 

document (advance parole) or 

employment authorization filed by an 

applicant who has paid the Form I–485 

application fee, regardless of whether 

the Form I–131 or Form I–765 is 

required to be filed by such applicant to 

receive these benefits. However, for 

aliens who file an employment-based 

Form I–485 pursuant to Visa Bulletin 

No. 107, and filed with USCIS on or 

after July 30, 2007, and on or before 

August 17, 2007, the fee is $325, plus a 

fee of $170 will be charged for a request 

for travel document (advance parole) 

and $180 to request employment 

authorization for an applicant who has 

paid the Form I–485 application fee, 

regardless of whether the Form I–131 or 

Form I–765 is required to be filed by 

such applicants to receive these 

benefits. 

* * * * * 

Form I–765. For filing an application 

for employment authorization pursuant 

to 8 CFR 274a.13—$340. However, the 

fee for a Form I–765 that is submitted 

pursuant to U.S. Department of State 

Visa Bulletin No. 107 based on a 

pending I–485, and filed with USCIS on 

or after July 30, 2007, and on or before 

August 17, 2007, is $180. 

* * * * * 

Dated: July 27, 2007. 

Michael Chertoff, 

Secretary. 

[FR Doc. 07–3762 Filed 7–30–07; 9:56 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9330] 

RIN 1545–BG66 

Built-in Gains and Losses Under 

Section 382(h); Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to temporary 

regulations. 

SUMMARY: This document contains a 

correction to temporary regulations (TD 

9330) that were published in the 

Federal Register on Thursday, June 14, 

2007 (72 FR 32792) applying to 

corporations that have undergone 

ownership changes within the meaning 

of section 382. These regulations 

provide guidance regarding the 

treatment of prepaid income under the 

built-in gain provisions of section 

382(h). 

DATES: This correction is effective 

August 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Keith Stanley at (202) 622–7750 (not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

The correction notice that is the 

subject of this document is under 

section 382 of the Internal Revenue 

Code. 

Need for Correction 

As published, temporary regulations 

(TD 9330) contain an error that may 

prove to be misleading and is in need 

of clarification. 

Correction of Publication 

Accordingly, the publication of the 

temporary regulations (TD 9330), which 

was the subject of FR Doc. E7–11438, is 

corrected as follows: 

On page 32794, column 1, in the 

preamble, under the paragraph heading 

‘‘Special Analyses’’, line 4, the language 

‘‘Executive Order 12666. Therefore, a’’

is corrected to read ‘‘Executive Order 

12866. Therefore, a’’. 

LaNita Van Dyke, 

Chief, Publications and Regulations Branch, 

Legal Processing Division, Associate Chief 

Counsel (Procedure and Administration). 

[FR Doc. E7–14802 Filed 7–31–07; 8:45 am] 

BILLING CODE 4830–01–P 


sroberts on PROD1PC70 with RULES