Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 50957 

companies to compete with foreignbased companies in domestic and 

export markets. 

Executive Order 12866 

This rule is considered by DHS to be 

a ‘‘significant regulatory action’’ under 

Executive Order 12866, section 3(f), 

Regulatory Planning and Review. 

Accordingly, this rule has been 

submitted to the Office of Management 

and Budget (OMB) for review. DHS has 

assessed both the costs and benefits of 

this rule as required by section 1(b)(6) 

of Executive Order 12866 and has made 

a determination that, although 

increasing the fee to $385 will increase 

the cost to the individual applicant and/ 

or petitioner, USCIS must establish and 

collect fees to recover the full costs of 

processing immigration benefit 

applications, as required by the 

authorizing statute, the INA. The 

implementation of this rule also will 

provide USCIS with an additional $6.7 

million in FY 2005 over the fee revenue 

that would be collected under the 

current fee structure. If USCIS does not 

adjust the current fees to recover the full 

costs of processing immigration benefit 

applications, our programs will not be 

fully funded and we will not be able to 

process applications in a timely manner. 

Thus, the backlog will likely increase. 

The results of the review showed that if 

the AAO’s staffing increased, processing 

times would likely meet the President’s 

mandate regarding backlog reduction. 

The revenue increase is based on USCIS 

costs and projected volumes that were 

available at the time of this rule. 

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, DHS has 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 sections 3(a) and 

3(b)(2) of Executive Order 12988. 

Paperwork Reduction Act 

Under the Paperwork Reduction Act 

of 1995, Public Law 104–13, 109 Stat. 

163 (1995), all Departments are required 

to submit to OMB, for review and 

approval, any reporting or recordkeeping requirements inherent in a rule. 

This rule does not impose any new 

reporting or record-keeping 

requirements under the Paperwork 

Reduction Act. 

However, it should be noted that 

USCIS solicited public comments on the 

change of fees in the proposed rule that 

was published in the Federal Register 

on November 30, 2004. Because the 

change to the fees requires a change to 

Form I–290B, USCIS submitted a change 

request to OMB indicating the fee 

change from $110 to $385. OMB has 

approved changes to this form, 

consistent with the provisions in this 

final rule. The fee change is now 

reflected on USCIS Form I–290B. 

List of Subjects in 8 CFR Part 103 

Administrative practice and 

procedure, Authority delegations 

(government agencies), Freedom of 

information, Privacy, Reporting and 

recordkeeping requirements, Surety 

bonds. 

■ 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, 552a; 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. In § 103.5(a)(1)(iii), the introductory 

text is revised to read as follows: 

§ 103.5 Reopening or reconsideration. 

(a) * * * 

(1) * * * 

(iii) Filing Requirements—A motion 

shall be submitted on Form I–290B and 

may be accompanied by a brief. It must 

be: 

* * * * * 

■ 3. Section 103.7(b)(1) is amended by: 

■ a. Revising the entry for the form ‘‘I–

290B’’; and by 

■ b. Revising the fee ‘‘$110’’ to read 

‘‘$385’’ wherever that fee appears in the 

entry for ‘‘Motion.’’

The revision reads as follows: 

§ 103.7 Fees. 

* * * * * 

(b) * * * 

(1) * * * 

* * * * * 

Form I–290B. For filing an appeal 

from any decision under the 

immigration laws in any type of 

proceeding over which the Board of 

Immigration Appeals does not have 

appellate jurisdiction—$385.00 (the fee 

will be the same when an appeal is 

taken from the denial of a petition with 

one or multiple beneficiaries, provided 

that they are all covered by the same 

petition, and therefore, the same 

decision). 

* * * * * 

Dated: August 22, 2005. 

Michael Chertoff, 

Secretary. 

[FR Doc. 05–17132 Filed 8–26–05; 8:45 am] 

BILLING CODE 4410–10–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

RIN 3150–AH70 

List of Approved Spent Fuel Storage 

Casks: VSC–24 Revision, Confirmation 

of Effective Date 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Direct final rule: confirmation of 

effective date. 

SUMMARY: The Nuclear Regulatory 

Commission (NRC) is confirming the 

effective date of September 13, 2005, for 

the direct final rule that was published 

in the Federal Register on June 30, 2005 

(70 FR 37647). This direct final rule 

amended the NRC’s regulations to revise 

the VSC–24 cask system listing to 

include Amendment No. 5 to Certificate 

of Compliance (CoC) No. 1007. 

EFFECTIVE DATE: The effective date of 

September 13, 2005, is confirmed for 

this direct final rule. 

ADDRESSES: Documents related to this 

rulemaking, including comments 

received, may be examined at the NRC 

Public Document Room, located at One 

White Flint North, 11555 Rockville 

Pike, Rockville, MD 20852. These same 

documents may also be viewed and 

downloaded electronically via the 

rulemaking Web site (http:// 

ruleforum.llnl.gov). For information 

about the interactive rulemaking Web 

site, contact Ms. Carol Gallagher (301) 

415–5905; e-mail CAG@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jayne M. McCausland, Office of Nuclear 

Material Safety and Safeguards, U.S. 

Nuclear Regulatory Commission, 

Washington, DC 20555, telephone (301) 

415–6219, e-mail jmm2@nrc.gov. 

SUPPLEMENTARY INFORMATION: On June 

30, 2005 (70 FR 37647), the NRC 

published a direct final rule amending 

its regulations in 10 CFR Part 72 to 

50958 Federal Register / Vol. 70, No. 166 / Monday, August 29, 2005 / Rules and Regulations 

revise the VSC–24 cask system listing 

within the ‘‘List of Approved Spent Fuel 

Storage Casks’’ to include Amendment 

No. 5 to CoC No. 1007. This amendment 

changes the certificate holder’s name 

from Pacific Sierra Nuclear Associates 

to BNG Fuel Solutions Corporation. In 

the direct final rule, NRC stated that if 

no significant adverse comments were 

received, the direct final rule would 

become final on September 13, 2005. 

The NRC did not receive any comments 

that warranted withdrawal of the direct 

final rule. Therefore, this rule will 

become effective as scheduled. 

Dated at Rockville, Maryland, this 23rd day 

of August, 2005. 

For the Nuclear Regulatory Commission. 

Michael T. Lesar, 

Chief, Rules and Directives Branch, Division 

of Administrative Services, Office of 

Administration. 

[FR Doc. 05–17058 Filed 8–26–05; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–21705; Airspace 

Docket No. 05–ACE–21] 

Modification of Legal Description of 

the Class E Airspace; Columbia 

Regional Airport, MO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This document confirms the 

effective date of the direct final rule 

which modifies the legal description of 

the Class E Airspace at Columbia 

Regional Airport, MO. 

DATES: Effective 0901 UTC, October 27, 

2005. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64216; telephone: 

(816) 321–2121. 

SUPPLEMENTARY INFORMATION: The FAA 

published this direct final rule with a 

request for comments in the Federal 

Register on July 21, 2005 (70 FR 41950). 

The FAA uses the direct final 

rulemaking procedure for a noncontroversial rule where the FAA 

believes that there will be no adverse 

public comment. This direct final rule 

advised the public that if no adverse 

notice of intent to submit such an 

adverse comment was received within 

the comment period, the regulation 

would become effective on October 27, 

2005. No adverse comments were 

received, and thus this notice confirms 

that this direct final rule will become 

effective on that date. 

Issued in Kansas City, MO, on August 15, 

2005. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations. 

[FR Doc. 05–17060 Filed 8–26–05; 8:45 am] 

BILLING CODE 4921–13–M 

DEPARTMENT OF STATE 

22 CFR Parts 120, 122, 123, 124, 126, 

and 127 

[Public Notice 5176] 

Amendments to the International 

Traffic in Arms Regulations: Port 

Directors Definition, NATO Definition, 

Major Non-NATO Ally Definition, 

Recordkeeping Requirements, 

Supporting Documentation for 

Electronic License Applications, 

Disclosure of Registration Documents 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: The definition of ‘‘District 

Director of Customs’’ has been amended 

to reflect the change in title. Also, 

references to the Customs Service have 

been changed to the U.S. Customs and 

Border Protection. A definition has been 

added for the ‘‘North Atlantic Treaty 

Organization’’ and another definition for 

‘‘major non-NATO ally.’’ The 

recordkeeping requirement has been 

revised to include maintaining records 

in an electronic format and 

reproduction of readable documents. No 

need for multiple copies of supporting 

documentation for electronic license 

applications. Also, registration 

documents are not releasable to the 

public. 

DATES: Effective Date: This rule is 

effective August 29, 2005. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

the Department of State: 

• E-mail comments may be sent to 

DDTCResponseTeam@state.gov with the 

subject line: Parts 120, 122, 123, 124, 

126 and 127. 

• Written comments may be sent to 

Directorate of Defense Trade Controls, 

Office of Defense Trade Controls 

Management, ATTN: Regulatory 

Change, Parts 120, 122, 123, 124, 126 

and 127, SA–1, 12th Floor, Washington, 

DC 20522–0112. 

Persons with access to the Internet 

may also view this notice by going to 

the regulations.gov Web site at: http:// 

www.regulations.gov. Comments will be 

accepted at any time. 

FOR FURTHER INFORMATION CONTACT: 

Mary F. Sweeney, Office of Defense 

Trade Controls Management, Bureau of 

Political-Military Affairs, Department of 

State on 202–663–2865. 

SUPPLEMENTARY INFORMATION: The 

definition of ‘‘District Director of 

Customs’’ has been amended to reflect 

that references to ‘‘District Directors,’’

have been replaced with ‘‘Port 

Directors’’ (Sections 123.4, 123.5, 123.6, 

123.13, 123.16, 123.17, 123.18, 123.23, 

126.4, 126.5, 126.6, and 126.13). Also, 

references to the ‘‘Bureau of Customs 

and Border Protection’’ and ‘‘U.S. 

Customs’’ have been replaced by ‘‘U.S. 

Customs and Border Protection’’

(Sections 122.5, 123.4, 123.5, 123.6, 

123.13, 123.16, 123.17, 123.18, 123.22, 

123.23, 123.24, 124.3, 126.4, 126.5, 

126.6, 126.13, and 127.4). 

The ITAR has been amended by 

adding two new definitions. There is a 

definition at 22 CFR 120.31 for the 

‘‘North Atlantic Treaty Organization’’

and the countries are listed. The other 

definition is at 22 CFR 120.32 for ‘‘major 

non-NATO ally.’’ Major non-NATO ally 

means a country that is designated in 

accordance with § 517 of the Foreign 

Assistance Act of 1961 (22 U.S.C. 

2321k) as a major non-NATO ally for 

purposes of the Foreign Assistance Act 

of 1961 and the Arms Export Control 

Act (22 U.S.C. 2751 et seq.) (22 U.S.C. 

2403(q)). The countries are listed in 22 

CFR 120.32. Also, Taiwan shall be 

treated as though it were designated a 

major non-NATO ally (as defined in 

section 644(q) of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2403(q)) in 

accordance with section 1206 of the 

Foreign Relations Authorization Act, 

Fiscal Year 2003 (Pub. L. 107–228). In 

complying with Presidential 

Determination No. 2004–35 of June 3, 

2004 and Presidential Determination 

No. 2004–37 of June 16, 2004, the ITAR 

is being amended to add Morocco and 

Pakistan as major non-NATO allies of 

the United States. 

Section 122.3 has been amended to 

require a registrant renewing its 

registration to submit the renewal 

request at least 30 days prior to the 

expiration date. 

Section 122.5 has been amended to 

include if maintaining records in an 

electronic format the information must 

be capable of being reproduced legibly 

on paper. Also, the stored information if 

altered must keep track of all changes,