45148 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations

Committee meetings, the June 25, 1997,

meeting was a public meeting and all

entities, both large and small, were able

to express views on this issue. Finally,

interested persons are invited to submit

information on the regulatory and

informational impacts of this action on

small businesses.

This action will not impose any

additional reporting or recordkeeping

requirements on either small or large

California kiwifruit handlers. As with

all Federal marketing order programs,

reports and forms are periodically

reviewed to reduce information

requirements and duplication by

industry and public sector agencies.

The Department has not identified

any relevant Federal rules that

duplicate, overlap, or conflict with this

rule.

After consideration of all relevant

material presented, including the

information and recommendation

submitted by the Committee and other

available information, it is hereby found

that this rule, as hereinafter set forth,

will tend to effectuate the declared

policy of the Act.

Pursuant to 5 U.S.C. 553, it is also

found and determined upon good cause

that it is impracticable, unnecessary,

and contrary to the public interest to

give preliminary notice prior to putting

this rule into effect, and that good cause

exists for not postponing the effective

date of this rule until 30 days after

publication in the Federal Register

because: (1) The Committee needs to

have sufficient funds to pay its expenses

which are incurred on a continuous

basis; (2) the 1997–98 fiscal period

begins on August 1, 1997, and the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable kiwifruit handled

during such fiscal period; (3) handlers

are aware of this action which was

unanimously recommended by the

Committee at a public meeting and is

similar to other assessment rate actions

issued in past years; and (4) this interim

final rule provides a 30-day comment

period, and all comments timely

received will be considered prior to

finalization of this rule.

List of Subjects in 7 CFR Part 920

Kiwifruit, Marketing agreements.

For the reasons set forth in the

preamble, 7 CFR part 920 is amended as

follows:

PART 920—KIWIFRUIT GROWN IN

CALIFORNIA

1. The authority citation for 7 CFR

part 920 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 920.213 [Amended]

2. Section 920.213 is amended by

removing ‘‘August 1, 1996,’’ and adding

in its place ‘‘August 1, 1997,’’ and by

removing ‘‘$0.0175 and adding in its

place ‘‘$0.0225.’’

Dated: August 18, 1997.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 97–22579 Filed 8–25–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 3, 103, and 240

[EOIR No. 114F; A.G. Order No. 2106–97]

RIN 1125–AA15

Fees for Motions to Reopen or

Reconsider

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: This final rule clarifies when

and how fees must be paid when a

motion to reopen or reconsider is filed

concurrently with any application for

relief under the immigration laws for

which a fee is chargeable. This final rule

applies to motions to reopen or

reconsider that are filed in all types of

immigration proceedings, including

those over which the Immigration and

Naturalization Service (the ‘‘Service’’)

and the Board of Immigration Appeals

(the ‘‘Board’’) have appellate

jurisdiction, respectively.

DATES: This final rule is effective

September 25, 1997.

FOR FURTHER INFORMATION CONTACT:

Margaret M. Philbin, General Counsel,

Executive Office for Immigration

Review, Suite 2400, 5107 Leesburg Pike,

Falls Church, Virginia 22041, telephone

(703) 305–0470, or Ernest B. Duarte,

Branch Chief, Immigration and

Naturalization Service, Office of

Examinations, Benefits Division, 425 I

Street NW., Suite 3214, Washington, DC

20536, telephone (202) 307–3587.

SUPPLEMENTARY INFORMATION: On

September 3, 1996, the Executive Office

for Immigration Review (EOIR) and the

Immigration and Naturalization Service

(the Service) published an interim rule

with request for comments in the

Federal Register (61 FR 46373)

amending 8 CFR parts 3, 103, and 242.

The amendments clarified when the

required fees must be paid when a

motion to reopen or reconsider is filed

concurrently with any application for

relief under the immigration laws for

which a fee is chargeable. This final rule

applies to motions to reopen or

reconsider that are filed in all types of

immigration proceedings, including

those over which the Service and the

Board of Immigration Appeals have

appellate jurisdiction. This rule is

necessary to eliminate questions that

have arisen regarding the payment of

fees for applications for relief that

require their own separate fees when

filed concurrently with motions to

reopen or reconsider.

Neither the Service nor EOIR received

any public comments to the September

3, 1996 interim rule. However, upon

further review by both agencies, the

following changes have been made to

the interim rule.

In § 103.7(b)(1), language has been

added to reflect two additional

situations in which an individual filing

a motion to reopen or reconsider need

not pay the required fee for the motion.

The first situation involves an

individual who is filing a motion to

reopen or reconsider concurrently with

an initial application for relief under the

immigration laws for which no fee is

chargeable. Without this change, the

language in the interim rule only covers

a situation in which an individual is

filing a motion to reopen or reconsider

a decision on a previous application for

relief for which no fee is chargeable.

The second situation involves an

individual who is filing a motion to

reopen pursuant to 8 U.S.C.

1252b(c)(3)(B) as it existed prior to April

1, 1997, or section 240b(5)(C)(ii) of the

Immigration and Nationality Act, as

amended. These sections pertain to

aliens who demonstrate that they did

not receive notice of their immigration

proceedings, or aliens who demonstrate

that they were in Federal or State

custody and did not appear through no

fault of their own. This second situation

is limited to motions to reopen or

reconsider immigration proceedings

over which the Immigration Court has

jurisdiction.

EOIR and the Service have concluded

that individuals in these situations

should not be required to pay a fee for

the motion to reopen or reconsider. As

an example in the first instance, an alien

filing a motion to reopen to initially

apply for asylum for which no fee is

chargeable should not be in a different

position than an alien who is filing a

motion to reopen a previously

adjudicated asylum application. As an

example in the second instance, an alien

should not be required to pay a fee to

reopen a proceeding for which he or she

never received notice.

This rule provides a fair and equitable

fee structure for motions to reopen or
Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations 45149

reconsider and their underlying

applications by requiring payment of a

fee for the underlying application only

if the motion to reopen or reconsider is

granted. This rule will prevent imposing

undue financial burdens on those

individuals filing such motions.

Since the publication of this interim

rule on September 3, 1996, new

regulations implementing the recently

enacted Illegal Immigration Reform and

Immigrant Responsibility Act of 1996

have been published (62 FR 10312).

These regulations revised and

redesignated many of the provisions

previously found at 8 CFR. Whereas the

interim rule amended 8 CFR part 242,

this final rule now amends 8 CFR part

240.

Regulatory Flexibility Act

In accordance with 5 U.S.C. 605(b),

the Attorney General has reviewed this

regulation and, by approving it, certifies

that this rule does not have a significant

economic impact on a substantial

number of small entities because of the

following factors: This rule adds two

situations in which an individual filing

a motion to reopen or reconsider need

not pay the required fees for the motion.

This rule will prevent imposing undue

financial burdens on those individuals

filing such motions.

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 $110

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 foreignbased companies in domestic and

export markets.

Executive Order 12866

The Attorney General has determined

that this rule is not a significant

regulatory action under Executive Order

No. 12866, and accordingly this rule has

not been reviewed by the Office of

Management and Budget.

Executive Order 12612

This rule has no federalism

implications warranting the preparation

of a Federalism Assessment in

accordance with Executive Order No.

12612.

Executive Order 12988

The rule meets the applicable

standards provided in sections 3(a) and

3(b)(2) of Executive Order No. 12988.

List of Subjects

8 CFR Part 3

Administrative practice and

procedure, Immigration, Lawyers,

Organizations and functions

(Government agencies), Reporting and

recordkeeping requirements.

8 CFR Part 103

Administrative practice and

procedure, Authority delegations

(Government agencies), Freedom of

information, Privacy, Reporting and

recordkeeping requirements, Surety

bonds.

8 CFR Part 240

Administrative practice and

procedure, Aliens.

Accordingly, chapter I of Title 8 of the

Code of Federal Regulations is amended

as follows:

PART 3—EXECUTIVE OFFICE FOR

IMMIGRATION REVIEW

Subpart C—Rules of Procedure for

Immigration Judge Proceedings

1. The authority citation for part 3

continues to read as follows:

Authority: 5 U.S.C. 301; 8 U.S.C. 1103,

1252 note, 1252b, 1362; 28 U.S.C. 509, 510,

1746; sec. 2, Reorg. Plan No. 2 of 1950, 3

CFR, 1949–1953 Comp., p. 1002.

2. In § 3.31, paragraph (b) is amended

by revising the first sentence to read as

follows:

§ 3.31 Filing documents and applications

* * * * *

(b) Except as provided in 8 CFR

240.11(f), all documents or applications

requiring the payment of a fee must be

accompanied by a fee receipt from the

Service or by an application for a waiver

of fees pursuant to 8 CFR 3.24. * * *

* * * * *

PART 103—POWERS AND DUTIES OF

SERVICE OFFICERS: AVAILABILITY

OF SERVICE RECORDS

3. The authority citation for part 103

continues to read as follows:

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

4. In § 103.7, paragraph (b)(1) is

amended by revising the two entries for

‘‘Motion’’, respectively, to read as

follows:

§ 103.7 Fees.

* * * * *

(b) * * *

(1) * * *

* * * * *

Motion. For filing a motion to reopen or

reconsider any decision under the

immigration laws in any type of proceeding

over which the Board of Immigration

Appeals has appellate jurisdiction. No fee

shall be charged for a motion to reopen or

reconsider a decision on an application for

relief for which no fee is chargeable, for any

motion to reopen or reconsider made

concurrently with any initial application for

relief under the immigration laws for which

no fee is chargeable, or for a motion to reopen

a deportation or removal order entered in

absentia if that motion is filed pursuant to 8

U.S.C. 1252b(c)(3)(B) as it existed prior to

April 1, 1997, or section 240b(5)(C)(ii) of the

Immigration and Nationality Act, as

amended. (The fee of $110 shall be charged

whenever an appeal or motion is filed by or

on behalf of two or more aliens and all such

aliens are covered by one decision. When a

motion to reopen or reconsider is made

concurrently with any application for relief

under the immigration laws for which a fee

is chargeable, the fee of $110 will be charged

when the motion is filed and, if the motion

is granted, the requisite fee for filing the

application for relief will be charged and

must be paid within the time specified in

order to complete the application.)—$110.

Motion. For filing a motion to reopen or

reconsider any decision under the

immigration laws in any type of proceeding

over which the Board of Immigration

Appeals does not have appellate jurisdiction.

No fee shall be charged for a motion to

reopen or reconsider a decision on an

application for relief for which no fee is

chargeable or for any motion to reopen or

reconsider made concurrently with any

initial application for relief under the

immigration laws for which no fee is

chargeable. (The fee of $110 shall be charged

whenever an appeal or motion is filed by or

on behalf of two or more aliens and all such

aliens are covered by one decision. When a

motion to reopen or reconsider is made

concurrently with any application for relief

under the immigration laws for which a fee

is chargeable, the fee of $110 will be charged

when the motion is filed and, if the motion

is granted, the requisite fee for filing the

application for relief will be charged and

must be paid within the time specified in

order to complete the application.)—$110.

* * * * *
45150 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations

PART 240—PROCEEDINGS TO

DETERMINE REMOVABILITY OF

ALIENS IN THE UNITED STATES

5. The authority citation for part 240

continues to read as follows:

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

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

1252a, 1252b, 1362; 8 CFR part 2.

6. In § 240.11, paragraph (f) is

amended by adding two new sentences

after the 1st sentence, to read as follows:

§ 240.11 Ancillary matters, applications.

* * * * *

(f) * * * When a motion to reopen or

reconsider is made concurrently with an

application for relief seeking one of the

immigration benefits set forth in

paragraphs (a) and (c) of this section,

only the fee set forth in § 103.7(b)(1) of

this chapter for the motion must

accompany the motion and application

for relief. If such a motion is granted,

the appropriate fee for the application

for relief, if any, set forth in 8 CFR

103.7(b)(1), must be paid within the

time specified in order to complete the

application.

Dated: August 18, 1997.

Janet Reno,

Attorney General.

[FR Doc. 97–22598 Filed 8–25–97; 8:45 am]

BILLING CODE 4410–30–M

FEDERAL RESERVE SYSTEM

12 CFR Part 265

[Docket No. R–0984]

Rules Regarding Delegation of

Authority

AGENCY: Board of Governors of the

Federal Reserve System.

ACTION: Final rule.

SUMMARY: The Board is amending its

delegation rules to remove the

delegation to the Board’s General

Counsel to approve provisions of

Federal Reserve Bank operating

circulars related to uniform services.

Under a newly amended supervisory

letter, other Board officials will review

uniform Reserve Bank operating

circulars, in consultation with the

General Counsel.

EFFECTIVE DATE: August 21, 1997.

FOR FURTHER INFORMATION CONTACT:

Oliver Ireland, Associate General

Counsel, (202/452–3625) or Stephanie

Martin, Senior Attorney (202/452–

3198), Legal Division. For the hearing

impaired only, contact Diane Jenkins,

Telecommunications Device for the Deaf

(TDD) (202/452–3544), Board of

Governors of the Federal Reserve

System, 20th and C Streets, N.W.,

Washington, D.C. 20551.

SUPPLEMENTARY INFORMATION: The Board

recently revised its supervisory letter

containing policies and guidelines

concerning Federal Reserve Bank

operations. One of the provisions of the

amended supervisory letter requires the

Reserve Banks to submit proposed

operating circulars or amendments to

circulars to the Director of the Division

of Reserve Bank Operations and

Payment Systems (or to the Director of

the Division of Monetary Affairs, in the

case of the lending circular). The

Reserve Bank may issue or amend the

circular if the appropriate Director, in

consultation with the General Counsel,

does not object within ten business days

of receiving the proposed circular or

amendment. In accordance with this

new review procedure, the Board is

amending its Rules Regarding

Delegation of Authority (12 CFR part

265) to remove the delegation to the

Board’s General Counsel to approve

provisions of Federal Reserve Bank

operating circulars related to uniform

services.

Administrative Procedure Act

The Administrative Procedure Act (5

U.S.C. 553(a)(2)) exempts ‘‘matters

relating to agency management or

personnel’’ from the requirements

regarding notice of proposed

rulemaking, public comment, and 30-

day advance publication. Because the

Board’s delegation rules fall under this

exemption, the Board is adopting this

amendment without notice-andcomment or advance publication

procedures.

List of Subjects in 12 CFR Part 265

Authority delegations (Government

agencies), Banks, banking, Federal

Reserve System.

For the reasons set forth in the

preamble, the Board is amending 12

CFR Part 265 as set forth below:

PART 265—RULES REGARDING

DELEGATION OF AUTHORITY

1. The authority citation for Part 265

continues to read as follows:

Authority: 12 U.S.C. 248(i) and (k).

§ 265.6 [Amended]

2. In § 265.6, paragraph (a)(5) is

removed.

By order of the Board of Governors of the

Federal Reserve System, August 21, 1997.

William W. Wiles,

Secretary of the Board.

[FR Doc. 97–22685 Filed 8–25–97; 8:45 am]

BILLING CODE 6210–01–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–75–AD; Amendment 39–

10113; AD 97–18–03]

RIN 2120–AA64

Airworthiness Directives; PuritanBennett Aero Systems Co., Cone and

Seal Assemblies, Part Numbers 210543

and 210543–01

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that

applies to Puritan-Bennett Aero Systems

Co. (Puritan-Bennett) cone and seal

assemblies, part numbers 210543 and

210543–01, that were manufactured or

repaired from August 1996 through July

1997. This AD applies to cone and seal

assemblies regardless of whether or not

they are attached to certain PuritanBennett sweep-on crew masks. The AD

requires replacing any cone and seal

assembly manufactured or repaired

during the above time frame. This AD

results from quality control tests that

show that these cone and seal

assemblies could have faulty ultrasonic

welds. The actions specified by this AD

are intended to prevent failure of the

ultrasonic weld on the cone and seal

assembly of the oxygen mask with

consequent reduced oxygen flow

through the mask, which could result in

the crew not being able to obtain oxygen

in an emergency situation.

DATES: Effective September 22, 1997.

Comments for inclusion in the Rules

Docket must be received on or before

October 31, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Central Region,

Office of the Assistant Chief Counsel,

Attention: Rules Docket 97-CE–75-AD,

Room 1558, 601 E. 12th Street, Kansas

City, Missouri 64106.

Service information that applies to

this AD may be obtained from PuritanBennett Aero Systems Co., 10800

Pflumm Road, Lenexa, Kansas 66215;

telephone (913) 338–9800; facsimile

(913) 338–7353. This information may

also be examined at the Federal

Aviation Administration (FAA), Central

Region, Office of the Assistant Chief

Counsel, Attention: Rules Docket 97-

CE–75-AD, Room 1558, 601 E. 12th

Street, Kansas City, Missouri 64106.

FOR FURTHER INFORMATION CONTACT:

Michael D. Imbler, Aerospace Engineer,