Extension of Implementation Date for Use of Designated Fingerprinting Services [61 FR 57583] [FR 66-96]

DOCUMENT NUMBER: FR 66-96

FEDERAL REGISTER CITE: 61 FR 57583

DATE PUBLISHED: November 7, 1996

BILLING CODE 4410-10-M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 103

[INS No. 1802-96]

Extension of Implementation Date for Use of

Designated Fingerprinting Services

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

SUMMARY: A final rule certifying Designated Fingerprinting Services (DFS) to take fingerprints of applicants for immigration benefits was published by the Immigration and Naturalization Service ("the Service") in the Federal Register on June 4, 1996, with an effective date of July 5, 1996. Implementation was to have begun on November 1, 1996. Due to an insufficient number of certification requests received by the Service, the Service is amending its regulations by extending the implementation date. This will give prospective DFSs additional time to submit their applications. The purpose is to ensure adequate fingerprint services are available to applicants for immigration benefits. The Service will now require applicants for immigration benefits to submit fingerprints taken either by Service officers or those entities that have filed an application for DFS certification with the Service before March 1, 1997.

EFFECTIVE DATE: November 1, 1996.

FOR FURTHER INFORMATION CONTACT: Customer Service Branch, Immigration and Naturalization Service, Benefits Division, Room 3040, 425 I Street, NW., Washington, DC 20536, telephone (202) 307-3587 or Jack Rasmussen, Staff Officer, (202) 514-3156, fax (202) 514-2093.

SUPPLEMENTARY INFORMATION:

Background

The final rule certifying Designated Fingerprinting Services (DFSs) to take fingerprints of applicants for immigration benefits was published by the Service in the Federal Register on June 4, 1996, at 61 FR 28003, and became effective on July 5, 1996. That final rule established the eligibility requirements and application procedures for DFS certification. The implementation of that rule will facilitate the processing of applicants for immigration benefits, protect the integrity of the fingerprinting process, and relieve the strain on Service personnel from taking fingerprints. The final rule would have been implemented in two stages: (1) As of November 1, 1996, the Service would have required that all fingerprints submitted to taken by a Service employee, a DFS fingerprinter, including law enforcement agency that is registered as a DFS, or an intending DFS who has completed and filed an application for certification with the Service; and (2) as of January 1, 1997, the Service would have only accepted from applicants for immigration benefits fingerprint cards taken by an approved or authorized entity or Service employee.

Extension of the Implementation Dates

In order to ensure adequate fingerprint services are available to applicants for benefits, the Service is extending the DFS implementation date to March 1, 1997. As of that date, all fingerprints submitted to INS with applications must have been taken by a DFS fingerprinter, including law enforcement agencies who file for DFS status, an intending DFS who has completed and filed an application for certification with the Service, or a Service employee. The time required for adjudication of an application ma y vary due to the need for additional information. Since we do not wish to interrupt the operation of a business unnecessarily, no final cessation date for the authority of "pending" applications will be imposed until the application has been adjudicated. However, prospective DFSs who file their

applications on or after March 1, 1997, must wait until after their applications have been processed and they have been certified by the Service before beginning to provide fingerprint services.

The Service's implementation of this rule as a final rule is based on the "good cause" exception found at 5 U.S.C. 553(b)(B). The reason and necessity for immediate implementation are as follows: This regulation relates to agency management and practice of good customer service because it will give prospective DFSs more time to file their applications and allow the public to utilize fingerprinting services in their own communities.

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 the rule will not have a significant economic impact on a substantial number of small entities. This rule merely extends the implementation date to allow prospective DFS's sufficient time to submit their applications.

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 12988

This final rule meets the applicable standards set forth in sections 3(a) and 3(b)(2) of E.O. 12988.

Executive Order 12612

The 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 Executive Order 12612, it is determined that this rule does not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.

List of Subjects in 8 CFR Part 103

Administrative practice and procedure, Authority delegations (Government agencies), Reporting and recordkeeping requirements.

Accordingly, part 103 of chapter I of title 8 of the Code of Federal Regulations is amended as follows:

PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF SERVICE RECORDS

1. The authority citation for part 103 continues to read as follows:

Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1201, 1252 note, 125b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.

2. Section 103.2 is amended by:

a. Revising the introductory text in paragraph (e)(3); and

b. Revising paragraph (e)(3)(ii), to read as follows:

§ 103.2 Applications, petitions, and other documents.

* * * * *

(e) * * *

(3) Transition to use designated fingerprinting services . As of March 1, 1997, the Service will not accept fingerprint cards for immigration benefits unless they are taken by:

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(ii) An intending DFS or organization that has completed and filed an application for DFS status prior to March 1, 1997, which may, pending the Service's action upon its application, take fingerprints and complete the Form I-850A, indicating that its application for DFS status is pending. This provisional authority for an outside entity shall cease when its application is denied;

* * * * *

October 31, 1996 _________________ Dated:

Signed _______________________________ Doris Meissner, Commissioner,Immigration and Naturalization Service.