[Federal Register: September 26, 2000 (Volume 65, Number 187)]
[Rules and Regulations]
[Page 57723-57724]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se00-2]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 264
[INS No. 2040-00]
RIN 1115-AF74
Fingerprinting Certain Applicants for a Replacement Permanent
Resident Card (Form I-551)
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: This rule amends the Immigration and Naturalization Service
(Service) regulations clarifying which applicants for a replacement
Permanent Resident Card (Form I-551) are required to be fingerprinted.
This change is necessary to correct an inadvertent error in the
regulations, which currently requires all applicants for a replacement
Permanent Resident Card to be fingerprinted.
DATES: This final rule is effective September 26, 2000.
FOR FURTHER INFORMATION CONTACT: Pamela T. Wallace, Adjudications
Officer, Immigration Services Division, Office of Field Operations,
Immigration and Naturalization Service, 801 I Street, NW., Room 930,
Washington, DC 20036, telephone (202) 514-9475.
SUPPLEMENTARY INFORMATION:
Why Is the Service Changing the Fingerprinting Requirements for a
Replacement Permanent Resident Card (Formally Alien Registration
Receipt Card)?
On March 17, 1998, the Service published on interim rule in the
Federal Register at 63 FR 12979 implementing a new program to
fingerprint applicants and petitioners for immigration benefits. The
new program changed procedures for fingerprinting applicants and
petitioners for all immigration benefits, including applicants for a
replacement Alien Registration Receipt Card (name was changed to
Permanent Resident Card effective January 20, 1999, 63 FR 70313). The
interim rule removed the requirement for applicants and petitioners to
file applications and petitions with a completed Fingerprint Card (Form
FD-258). Instead, under the interim rule, the Service would notify
[[Page 57724]]
applicants and petitioners after they filed their applications or
petitions to appear at an Application Support Center or other Service-
designated location, including State or local law enforcement agencies,
to be fingerprinted.
Before publication of the interim rule, the regulations required an
applicant for a replacement Alien Registration Receipt Card (currently
Permanent Resident Card) to be fingerprinted:
Only if he or she was applying for a replacement Alien
Registration Receipt Card because he or she had reached the age of 14
years, unless
The existing Alien Registration Receipt Card would expire
before his or her 16th birthday.
The interim rule inadvertently changed the regulations to require
all applicants for a replacement of, or renewal of, an Alien
Registration Receipt Card (currently Permanent Resident Card) to be
fingerprinted.
What Does This Final Rule Do?
This final rule amends the Service's regulations to correct the
inadvertent error made in the interim rule. The Service will
fingerprint an applicant filing Form I-90 for replacement of, or
renewal of, a Permanent Resident Card only if:
He or she is applying for a replacement Permanent Resident
Card because he or she has reached the age of 14 years.
Accordingly, Sec. 264.5(e)(3)(i) will be amended to clarify that
except for those applications filed pursuant to Sec. 264.5(b)(8),
applicants for a replacement Permanent Resident Card are not required
to be fingerprinted on Form FD-258, unless otherwise instructed by the
Attorney General.
Will the Service Finalize the March 17, 1998, Interim Rule?
Yes, the Service will finalize the interim rule later this fiscal
year and address all comments at that time.
Good Cause Exception
The Service's implementation of this rule as a final rule is based
on the ``good cause'' exceptions found at 5 U.S.C. 553(b)(B) and
(d)(3). The reason and necessity for immediate implementation of this
final rule without prior notice and comment are as follows:
Alien Registration Receipt Cards (currently Permanent Resident
Cards), that were issued with 10-year expiration dates, are beginning
to expire and must be renewed. Under the current regulations all
permanent residents who have a Permanent Resident Card that is expiring
must be fingerprinted after they file a Form I-90, Application to
Replace Permanent Resident Card.
This final rule is needed to correct an inadvertent error in the
regulations so that the Service only requires certain applicants for a
replacement Permanent Resident Card to be fingerprinted.
Accordingly, delaying implementation of this final rule would:
Require all applicants to be fingerprinted unnecessarily,
Delay the filing and adjudication of these applications,
and
Would be contrary to the public interest.
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 this rule
will not have a significant economic impact on a substantial number of
small entities. This rule affects individual applicants for a
replacement Permanent Resident Card. It does not affect small entities
as that term is defined in 5 U.S.C. 601(b).
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 1 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 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. Accordingly, this regulation has been submitted to the Office
of Management and Budget for review.
Executive Order 13132
This rule 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 section
6 of Executive Order 13132, it is 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 E.O. 12988.
List of Subjects in 8 CFR Part 264
Aliens, Immigration, Reporting and recordkeeping requirements.
Accordingly, part 264 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES
1. The authority citation for part 264 continues to read:
Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.
Sec. 264.5 [Amended]
2. In Sec. 264.5, paragraph (e)(3)(i) is amended by adding the
phrase ``filing under paragraph (b)(8) of this section'' immediately
after the word ``applicant'' and before the word ``shall''.
Dated: February 9, 2000.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-24600 Filed 9-25-00; 8:45 am]