[Federal Register Volume 65, Number 201 (Tuesday, October 17, 2000)]
[Rules and Regulations]
[Pages 61259-61260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26621]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 /
Rules and Regulations
[[Page 61259]]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 299
[INS No. 2017-99]
RIN 1115-AF66
Duplication and Electronic Generation of Forms
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: This rule amends the Immigration and Naturalization Service
(Service) regulations regarding duplication and electronic generation
of public use forms by public and private entities. This rule
eliminates the requirement that duplicated and electronically generated
forms be produced on the same color paper and in the same printing
configuration that is used for the official Service forms. This rule
also removes the requirement that duplicated and electronically
generated copies of forms made by public and private entities be
submitted for Service review and approval. The Service is eliminating
these requirements to make it easier for public and private entities to
take advantage of existing technology in the marketplace and on the
Service's Internet Website.
DATES: This final rule is effective October 17, 2000.
FOR FURTHER INFORMATION CONTACT: Ann Palmer, Adjudications Officer,
Immigration Services Division, Immigration and Naturalization Service,
800 K Street, NW., 10th Floor, Techworld Plaza, Washington, DC 20001;
telephone (202) 514-6442.
SUPPLEMENTARY INFORMATION:
Why Does the Service Accept Duplicated and Electronically Generated
Forms?
The Service developed standards for accepting electronically
generated forms to make it easier for public and private entities to
take advantage of the automated technology available in the marketplace
to reproduce certain immigration and naturalization forms.
On May 17, 1994, the Service published an interim rule in the
Federal Register at 59 FR 25555 providing the standards for acceptance
of duplicated and electronically generated forms. On September 11,
1996, the Service published a final rule in the Federal Register at 61
FR 47799, formally adopting these standards.
What Requirements for Acceptance of Duplicated and Electronically
Generated Forms Is the Service Removing?
Currently, the standard for acceptance of duplicated and
electronically generated forms include the requirements that public or
private entities reproduce the forms on: (1) The same color paper; and
(2) in the same printing configuration that is used for the official
Service forms. Printing configuration means only whether a multi-page
form is printed head-to-head or head-to-foot. The Service is removing
these two requirements. In addition, the Service is removing the
requirement that duplicated and electronically generated public use
forms produced by public and private entities be submitted to the
Director, Policy Directives and Instructions Branch (HQPDI) for
approval.
Why Is the Service Removing These Requirements?
Acceptance of duplicated and electronically generated forms by the
Service was intended to be a benefit to the public. The requirements
that duplicated and electronically generated forms must be reproduced
on the same color paper and in the same printing configuration as the
official form was for administrative convenience of the Service in
sorting different forms. Unfortunately, the color paper used for some
of the official forms is no readily available in the marketplace, and
some of the printing configurations of the official forms are difficult
to reproduce with standard electronic printers. As a result, it has
been difficult for some public and private entities to comply with the
standard for acceptance of duplicated and electronically generated
forms. This is particularly true for public and private entities that
wish to generate forms now available on the Service's Internet Website.
Therefore, the Service is eliminating these two requirements to make
the use of electronically generated forms more convenient.
In addition, having the Director, HQPDI approve the final form has
caused unnecessary delays for public and private entities wishing to
duplicate or electronically generate public use forms. As long as
public and private entities follow the standards contained in
Sec. 299.4, there is not need to submit samples to the Director, HQPDI
for approval.
What Changes Is the Service Making to the Regulations?
In Sec. 299.4, paragraphs (a)(2) and (b)(1) are being amended to
remove the requirements that private entities electronically generating
certain immigration forms reproduce the forms on the same color paper
and in the same printing configuration as the official forms. In
Sec. 299.4, paragraph (b)(3) is being removed.
Good Cause Exception
The Service's implementation of this rule as a final rule without
first publishing a proposed rule is based on the ``good cause''
exceptions found at 5 U.S.C. 553(b)(B), (d)(1) and (d)(3). The reasons
and the necessity for issuing a final rule without prior notice and
comment are as follows: This rule removes a restriction and provides a
benefit to the public by allowing them to take advantage of existing
technology available in the marketplace and on the Service's Internet
Website to electronically reproduce certain immigration and
naturalization forms. Therefore, issuing this rule as a proposed rule
with request for comments would delay implementation and would be
unnecessary and 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
[[Page 61260]]
approving it, certifies that this rule will not have a significant
economic impact on a substantial number of small entities. This rule is
primarily administrative in nature and is intended to benefit small
entities and private individuals by simplifying the requirements that,
if followed, would enable them to take advantage of the technology
available in the marketplace and on the Service's Internet Website to
electronically generate certain immigration and naturalization forms.
The number of small entities affected by this rule will not be
substantial.
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 effect 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 13132
This regulation 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 Executive Order 12988.
List of Subjects in 8 CFR Part 299
Immigration, Reporting and recordkeeping requirements.
Accordingly, part 299 of chapter I of title 8 of the Code of
Federal Regulations is amended as follows:
PART 299--IMMIGRATION FORMS
1. The authority citation for part 299 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2.
2. Section 299.4, is amended by:
a. Revising paragraph (a)(2)(iv);
b. Revising the seventh sentence in paragraph (b)(1);
c. Removing paragraph (b)(3);
d. Revising the phrase ``Room 5307'' to ``Room 4034'' in paragraph
(e).
The revisions read as follows:
Sec. 299.4 Reproduction of Public Use Forms by public and private
entities.
(a) * * *
(2) * * *
(iv) Paper specifications (White, standard copier or typing paper).
(b) * * *
(1) * * * An electronic reproduction of a multi page form does not
need to match the head-to-head or head-to-foot printing configuration
of the official form. * * *
* * * * *
Dated: October 4, 2000.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-26621 Filed 10-16-00; 8:45 am]
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