[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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