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Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 
transactions requiring lower-tier 
participants to comply with subpart C of 
the OMB guidance in 2 CFR part 180, 
as supplemented by this subpart. 
Subpart D—Responsibilities of Federal 
Agency Officials Regarding 
Transactions 
§ 2336.437
What method do I use to 
communicate to a participant the 
requirements described in the OMB 
guidance at 2 CFR 180.435? 
To communicate to a participant the 
requirements described in 2 CFR 
180.435 of the OMB guidance, you must 
include a term or condition in the 
transaction that requires the 
participant’s compliance with subpart C 
of 2 CFR part 180, as supplemented by 
subpart C of this part, and requires the 
participant to include a similar term or 
condition in lower-tier covered 
transactions. 
Subpart E–J—[Reserved] 
Title 20—Employees’ Benefits 
CHAPTER III—SOCIAL SECURITY 
ADMINISTRATION 
PART 436—[REMOVED] 
I 2. Remove part 436. 
[FR Doc. E7–16195 Filed 8–16–07; 8:45 am] 
BILLING CODE 4191–02–P 
OFFICE OF PERSONNEL 
MANAGEMENT 
5 CFR Part 591 
RIN 3206–AL12 
Nonforeign Area Cost-of-Living 
Allowance Rates; U.S. Virgin Islands 
AGENCY: Office of Personnel 
Management. 
ACTION: Final rule. 
SUMMARY: The Office of Personnel 
Management is publishing a final 
regulation to increase the cost-of-living 
allowance (COLA) rate received by 
certain white-collar Federal and U.S. 
Postal Service employees in the U.S. 
Virgin Islands (USVI). The increase is 
the result of living-cost surveys 
conducted by OPM in USVI, Puerto 
Rico, and the Washington, DC area in 
2005. The final regulation increases the 
COLA rate for USVI from 23 percent to 
25 percent. 
DATES: Effective date: September 17, 
2007. Implementation date: First day of 
the first pay period beginning on or after 
September 17, 2007. 
FOR FURTHER INFORMATION CONTACT: J. 
Stanley Austin, (202) 606–2838; fax: 
(202) 606–4264; or e-mail: 
COLA@opm.gov. 
SUPPLEMENTARY INFORMATION: Section 
5941 of title 5, United States Code, 
authorizes Federal agencies to pay cost- 
of-living allowances to white-collar 
Federal and U.S. Postal Service 
employees stationed in Alaska, Hawaii, 
Guam and the Northern Mariana 
Islands, Puerto Rico, and the U.S. Virgin 
Islands. Executive Order 10000, as 
amended, delegates to the Office of 
Personnel Management (OPM) the 
authority to administer nonforeign area 
COLAs and prescribes certain 
operational features of the program. 
OPM conducts living-cost surveys in 
each allowance area and in the 
Washington, DC, area to determine 
whether, and to what degree, COLA area 
living costs are higher than those in the 
DC area. OPM sets the COLA rate for 
each area based on the results of these 
surveys. 
As required by section 591.223 of title 
5, Code of Federal Regulations, OPM 
conducts COLA surveys once every 3 
years on a rotating basis. For areas not 
surveyed during a particular year, we 
adjust COLA rates by the relative change 
in the Consumer Price Index (CPI) for 
the COLA area compared with the 
Washington, DC, area. (See 5 CFR 
591.224–226.) OPM adopted these 
regulations pursuant to the stipulation 
of settlement in Caraballo et al. v. 
United States, No. 1997–0027 (D.V.I), 
August 17, 2000. Caraballo was a class- 
action lawsuit which resulted in many 
changes in the COLA methodology and 
regulations. 
OPM conducted living-cost surveys in 
Puerto Rico, the U.S. Virgin Islands, and 
the Washington, DC, area in the spring 
of 2005. We published the results of 
these surveys in the 2005 Nonforeign 
Area Cost-of-Living Allowance Survey 
Report: Caribbean and Washington, DC, 
Areas in the Federal Register on 
October 27, 2006, at 71 FR 63179. 
As described in the 2005 survey 
report, we compared the results of the 
COLA area surveys with the results of 
the DC area survey to compute a living- 
cost index for each of the COLA areas. 
The results of the living-cost surveys 
indicated an increase in the COLA rate 
for the U.S. Virgin Islands, from 23 
percent to 25 percent, and a decrease in 
the COLA rate for Puerto Rico. 
We also computed interim 
adjustments based on the relative 
change in the CPI for the Alaska, 
Hawaii, and Guam and the Northern 
Mariana Islands COLA areas. We 
published the calculation of these 
interim adjustments in a notice in the 
Federal Register on October 27, 2006, at 
71 FR 63178. The interim adjustments 
indicated that the COLA rates for the 
Hawaii and Guam COLA areas were set 
at the appropriate level but that the 
Anchorage, Fairbanks, and Juneau, 
Alaska, COLA rates should be reduced. 
We published a proposed rule to 
increase the USVI COLA rate and 
reduce the COLA rates in Puerto Rico 
and Anchorage, Fairbanks, and Juneau, 
Alaska, in the Federal Register on 
October 27, 2006, at 71 FR 63176. 
However, 5 CFR 591.228(c) limits COLA 
rate decreases to 1 percentage point in 
a 12-month period, and we 
implemented COLA rate decreases in 
Anchorage, Fairbanks, Juneau, and 
Puerto Rico effective on the first pay 
period beginning on or after September 
1, 2006. Therefore, we are changing only 
the USVI rate at this time. We will 
address the rate reductions, and 
comments received on these reductions, 
in a future Federal Register publication. 
We did not receive comments regarding 
the USVI rate increase. 
Executive Order 12866, Regulatory 
Review 
This rule has been reviewed by the 
Office of Management and Budget in 
accordance with Executive Order 12866. 
Regulatory Flexibility Act 
I certify that this regulation will not 
have a significant economic impact on 
a substantial number of small entities 
because the regulation will affect only 
Federal agencies and employees. 
List of Subjects in 5 CFR Part 591 
Government employees, Travel and 
transportation expenses, Wages. 
Office of Personnel Management. 
Linda M. Springer, 
Director. 
I Accordingly, the Office of Personnel 
Management amends subpart B of 5 CFR 
part 591 as follows: 
PART 591—ALLOWANCES AND 
DIFFERENTIALS 
Subpart B—Cost-of-Living Allowance 
and Post Differential—Nonforeign 
Areas 
I 1. The authority citation for subpart B 
of 5 CFR part 591 continues to read as 
follows: 
Authority: 5 U.S.C. 5941; E.O. 10000, 3 
CFR, 1943–1948 Comp., p. 792; and E.O. 
12510, 3 CFR, 1985 Comp., p. 338. 
I 2. Revise Appendix A to Subpart B to 
read as follows: 
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Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 
Appendix A to Subpart B of Part 591— 
Places and Rates at Which Allowances 
Are Paid 
This appendix lists the places approved for 
a cost-of-living allowance and shows the 
authorized allowance rate for each area. The 
allowance rate shown is paid as a percentage 
of an employee’s rate of basic pay. The rates 
are subject to change based on the results of 
future surveys. 
Geographic coverage 
Allowance rate 
(percent) 
State of Alaska: 
City of Anchorage and 80- 
kilometer (50-mile) ra-
dius by road ...................
24.0 
City of Fairbanks and 80- 
kilometer (50-mile) ra-
dius by road ...................
24.0 
City of Juneau and 80-kilo-
meter (50-mile) radius 
by road ..........................
24.0 
Rest of the State ...............
25.0 
State of Hawaii: 
City and County of Hono-
lulu .................................
25.0 
Hawaii County, Hawaii ......
17.0 
County of Kauai ................
25.0 
County of Maui and Coun-
ty of Kalawao .................
25.0 
Territory of Guam and 
Commonwealth of the 
Northern Mariana Is-
lands ..............................
25.0 
Commonwealth of Puerto 
Rico ...................................
10.5 
U.S. Virgin Islands ................
25.0 
[FR Doc. E7–16226 Filed 8–16–07; 8:45 am] 
BILLING CODE 6325–39–P 
DEPARTMENT OF HOMELAND 
SECURITY 
U.S. Citizenship and Immigration 
Services 
8 CFR Part 103 
[Docket No. USCIS–2007–0040; CIS No. 
2417–07] 
RIN 1615–AB61 
Removal of Temporary Adjustment of 
the Immigration and Naturalization 
Benefit Application and Petition Fee 
Schedule 
AGENCY: U.S. Citizenship and 
Immigration Services, DHS. 
ACTION: Final rule. 
SUMMARY: This document amends the 
fee schedule for petitions and 
applications for immigration and 
naturalization benefits administered by 
U.S. Citizenship and Immigration 
Services. This rule re-adjusts the fees for 
Forms I–485, ‘‘Application to Register 
Permanent Residence or Adjust Status,’’ 
and applications for derivative benefits 
associated with Forms I–485. This rule 
removes the temporary adjustment of 
fees promulgated in previously and 
permits the application of the fees as 
were originally published in the final 
rule of May 30, 2007, that became 
effective on July 30, 2007. 
DATES: Effective Date: This rule is 
effective August 18, 2007. 
FOR FURTHER INFORMATION CONTACT: 
Efren Hernandez III, Business and Trade 
Services, Service Center Operations, 
U.S. Citizenship and Immigration 
Services, Department of Homeland 
Security, 111 Massachusetts Avenue, 
Suite 3000, Washington, DC 20529 
telephone (202) 272–8400. 
SUPPLEMENTARY INFORMATION: 
I. Background 
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. Then 
USCIS subsequently announced on July 
17, 2007 that, beginning on as of that 
date 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 the Department of State’s Visa 
Bulletin No. 107. Also, USCIS decided 
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 was to become 
effective July 30, 2007, but, instead 
should be allowed to pay the fees that 
existed prior to July 30, 2007. This rule 
provides that the fee schedule that 
became effective for all immigration and 
naturalization petitions and 
applications as of July 30, will now 
apply 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. Applications that are submitted 
with the incorrect fee will be rejected. 
Similarly, this rule amends 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 
Visa Bulletin No. 107 to set it at $80 as 
it is for all other benefits for which 
biometrics must be provided. 
II. Informal 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, 12866, 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 E-Government 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 terminates a relief from a 
requirement of existing regulations that 
are adopted simultaneously with this 
rule. This rule must be adopted with an 
effective date commensurate with the 
adoption of the rule granting the relief 
from the requirements. 5 U.S.C. 
553(d)(1). This rule is promulgated only 
in conjunction with the temporary relief 
from requirements in the rule 
previously published elsewhere in the 
Federal Register. 
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. 
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