16046 Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations

FR 36355, July 18, 1994, is adopted as

final without change.

[FR Doc. 95–7735 Filed 3–28–95; 8:45 am]

BILLING CODE 7510–01–M

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Parts 10, 123, 145 and 178

[T.D. 94–47]

RIN 1515–AB40

Elimination of Certain Documentation

Requirements for Articles Entered

Under Various Special Tariff Treatment

Programs and Provisions

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Final rule; correction.

SUMMARY: This document corrects a

final rule document which amended the

Customs Regulations by removing

certain documentation requirements

relating to the entry of articles claimed

to be entitled to a partial duty

exemption or duty-free treatment under

various special tariff provisions or

programs. The correction involves an

amendatory instruction regarding

§ 178.2 of the Customs Regulations

which lists the control numbers for

approvals of information collection

requirements.

EFFECTIVE DATE: This correction is

effective June 16, 1994.

FOR FURTHER INFORMATION CONTACT:

Craig Walker, Office of Regulations and

Rulings, 202–482–6980.

SUPPLEMENTARY INFORMATION:

Background

On May 17, 1994, Customs published

in the Federal Register (59 FR 25563) a

final rule document amending the

Customs Regulations to remove certain

documentation requirements relating to

the entry of articles claimed to be

entitled to a partial duty exemption or

duty-free treatment under various

special tariff provisions or programs.

Among the amendments were

consequential amendments to § 178.2 of

the Customs Regulations (19 CFR 178.2)

concerning the revision, removal or

addition of listings in the table setting

forth the listing of Office of Management

and Budget control numbers for

approvals of information collection

requirements pursuant to the Paperwork

Reduction Act of 1980. One of the

removed listings referred to in the

amendatory instruction was the listing

for § 10.8(e). However, this reference

was incorrect because, in an interim

rule document published in the Federal

Register on December 30, 1993 (58 FR

69460), § 178.2 had been amended by

removing from the table the reference to

‘‘§ 10.8(e)’’ and adding, in its place, the

reference ‘‘§ 10.8(f)’’. Accordingly, this

document corrects the amendatory

instruction for § 178.2 in the May 17,

1994, final rule document to properly

refer to the removal of § 10.8(f).

Correction of Publication

In the document published in the

Federal Register as T.D. 94–47 on May

17, 1994 (59 FR 25563), on page 25571,

second and third columns, the

amendatory instruction for § 178.2 is

corrected to read as follows:

§ 178.2 [Corrected]

‘‘2. Section 178.2 is amended by

revising the listings for §§ 10.1 and

10.173, removing the listings for

§§ 10.8(f), 10.9(e), and 10.191–10.198

and adding, in their place respectively,

listings for §§ 10.8, 10.9, and 10.198 to

read as follows:’’

Dated: March 23, 1995.

Harold M. Singer,

Chief, Regulations Branch.

[FR Doc. 95–7721 Filed 3–28–95; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF STATE

22 CFR Part 22

[Public Notice 2182]

Schedule of Fees for Consular

Services

AGENCY: Bureau of Consular Affairs,

State.

ACTION: Interim rule with request for

comments.

SUMMARY: This interim rule establishing

fees for the processing of fingerprints

required of certain applicants for

immigrant visas. These fees, pursuant to

the guidelines set out in Office of

Management and Budget (OMB)

Circular No. A–25, are set at a costrecovery based level of $25.00 per set of

fingerprints.

DATES: Effective Date: March 29, 1995.

Comments: Comments are due on or

before April 28, 1995.

ADDRESSES: Interested persons are

invited to submit comments in

duplicate to the Office of the Executive

Director, Bureau of Consular Affairs,

Department of State, Washington, DC

20520–4818.

FOR FURTHER INFORMATION CONTACT:

John Arndt, Management Analyst,

Officer of the Executive Director, Bureau

of Consular Affairs, Department of State,

Washington, DC 20520–4818, (202) 647–

1272.

SUPPLEMENTARY INFORMATION:

Background

Section 140(d) of the Foreign

Relations Authorization Act, FY 94–95

(Public Law 103–236), enacted April 30,

1994, authorizes the Department of State

to obtain the full content of criminal

history records of those applicants for

immigrant visas whose names are

indexed in the Interstate Identification

Index of the National Crime Information

Center. To do so requires submission of

fingerprint records. The statute further

provides that the Department shall pay

the appropriate fee as provided for in

the Departments of Commerce, Justice,

and State, the Judiciary, and Related

Agencies Appropriations Act, FY 90

(Public Law 101–162), and that the

program shall end on January 1, 1998.

Section 505 of the Departments of

Commerce, Justice, and State, the

Judiciary and Related Agencies

Appropriations Act, FY 95 (Public Law

103–317), enacted August 26, 1994,

requires the Secretary of State, in the ten

countries with the highest volume of

immigrant visa issuance for the most

recent fiscal year for which data are

available, to submit to the Federal

Bureau of Investigation (F.B.I.) records

of fingerprints for all immigrant visa

applicants over sixteen years of age to

ascertain whether such applications

have been previously convicted of a

felony under State or Federal law in the

United States. Section 505 further

provides that the Department shall pay

all appropriate fees for this

fingerprinting pilot program and that

the program shall end on January 1,

1998.

Executive Order 10718 of June 27,

1957, authorizes the Secretary of State

to exercise the President’s authority

under 22 U.S.C. 4219 to prescribe rates

of fees to be charged for official services

performed by the Department of State.

Under this authority, the Department

has determined a number of fees for

consular services performed overseas, as

well as in the United States, within the

guidelines set by OMB Circular No. A–

25. The policy set out in OMB Circular

A–25 states that services which directly

benefit individuals, organizations, or

groups should be paid for by the users

rather than the taxpayers. Services

performed for the primary benefit of the

general public or the U.S. Government

are to be supported by tax revenues. The
Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / Rules and Regulations 16047

principles of OMB Circular A–25 have

guided various fee studies conducted by

the Department.

Under Delegation of Authority No.

198, the Secretary of State delegated to

the Under Secretary for Management all

management-related functions arising

out of the activities or certain bureaus,

including the Bureau of Consular

Affairs. Pursuant to this Delegation, the

Under Secretary of Management has the

authority to establish the fingerprinting

fee and to promulgate this regulation.

The fingerprint fee is set at $25.00 to

recover the cost to the Department of

paying the F.B.I.’s $18.00 fee for

examining and checking the fingerprints

against its fingerprint records. Added to

the F.B.I. charge of $18.00 is $7.00 in

administrative costs for each set of

fingerprints which will cover the cost to

the Department of taking the applicant’s

fingerprints, transmitting them to the

F.B.I., and obtaining and reviewing

records from the F.B.I. It will also cover

the costs of equipment, renovations,

furnishings, and supplies used in

connection with the fingerprint

program. This $7.00 figure was

determined by calculating the estimated

cost of fingerprinting 205,000 immigrant

visa applicants (the estimated number of

applicants that will be affected by

section 140(d) of Public Law 103–236

and by section 505 of Public Law 103–

317), and then dividing that figure by

the number of affected immigrant visa

applicants to arrive at the pro rata unit

cost of implementing the new

fingerprinting requirement.

Section 140(d) of the Foreign

Relations Authorization Act, FY 94–95

(Public Law 103–236), enacted April 30,

1994, authorizes the Department of State

to obtain the full content of criminal

history records of those applicants for

immigrant visas whose names are

indexed in the Interstate Identification

Index of the National Crime Information

Center.

Section 505(e) of the Departments of

Commerce, Justice, and State, and the

Judiciary and Related Agencies

Appropriations Act, FY 95 (Public Law

103–317), enacted August 26, 1994,

requires the Department of State, in the

ten countries with the highest volume of

immigrant visa issuance for the most

recent fiscal year for which data are

available, to submit records of

fingerprints for all immigrant visa

applicants over sixteen years of age to

the F.B.I. to ascertain whether such

applicants have been previously

convicted of a felony under State or

Federal law in the United States.

The implementation of this rule as an

interim rule, with provision for postpromulgation comments, is based upon

the ‘‘good cause’’ exception found at 5

U.S.C. 553(d)(3). The Department of

State is statutorily authorized to obtain

the full content of criminal history

records as described above. In

accordance with this requirement, the

Department has already begun

transmitting the names of immigrant

visa applicants to the F.B.I. This rule

must take effect upon publication to

ensure that the Department is

reimbursed for the expenses it will

incur in obtaining those records.

This rule is not expected to have a

significant impact on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

In addition, this rule does not impose

information collection requirements

under the provisions of the Paperwork

Reduction Act of 1980. This rule has

been reviewed as required by Executive

Order 12778 and certified to be in

compliance therewith. This rule is

exempt from review under Executive

Order 12866, but has been reviewed

internally by the Department to ensure

consistency with the objectives thereof.

List of Subjects in 22 CFR Part 22

Passport and visas.

Accordingly, 22 CFR part 22 is

amended as follows:

PART 22—[AMENDED]

1. The authority citation for part 22 is

revised to read as follows:

Authority: 8. U.S.C. 1182, 1351; 22 U.S.C.

211a, 214, 2651, 2658, 3921, 4219; 31 U.S.C.

9701; EO 10718, 22 FR 4632, 3 CFR, 1954–

1958 Comp., p. 382; EO 11295, 31 FR 10603,

3 CFR, 1966–1970 Comp., p. 570.

2. In § 22.1, the table is amended

under the undesignated centered

heading, ‘‘Visa Services for Aliens’’ by

revising the parenthetical after item 25

and adding items 27 and 28 and a

parenthetical after the items to read as

follows:

§ 22.1 Schedule of fees.

Item No. Fee

* * * * * * *

(Item No. 26 vacant.)

27. For the taking of fingerprints for those applicants for immigrant visas whose names are indexed in the Interstate Identification

Index of the National Crime Information Center .................................................................................................................................. $25.00

28. For the taking of fingerprints from immigrant visa applicants pursuant to 8 U.S.C. 1182 ............................................................... 25.00

(Item No. 29 vacant.)

* * * * * * *

Dated: March 11, 1995.

Richard Moose,

Under Secretary for Management,

Department of State.

[FR Doc. 95–7687 Filed 3–28–95; 8:45 am]

BILLING CODE 4710–06–M

DEPARTMENT OF THE INTERIOR

Office of Surface Mining Reclamation

and Enforcement

30 CFR Part 936

Oklahoma Regulatory Program

AGENCY: Office of Surface Mining

Reclamation and Enforcement (OSM),

Interior.

ACTION: Final rule, approval of

amendment.

SUMMARY: OSM is approving a proposed

amendment to the Oklahoma regulatory

program (hereinafter referred to as the

‘‘Oklahoma program’’) under the

Surface Mining Control and

Reclamation Act of 1977 (SMCRA). The

proposed amendment consists of

recodification of Oklahoma’s coal

mining rules and revisions to the rules

pertaining to hydrologic balance

requirements for siltation structures,

sedimentation pond storage volume,

subsidence control and public notice,

road systems, protection of underground