DOCUMENT NUMBER: FR 29-94

FEDERAL REGISTER CITE: 59 FR 25555 - 25561

DATE PUBLISHED: May 17, 1994

BILLING CODE: 4410-10

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 299 and 499

[INS NO. 1638-93]

RIN 1115-AD58

Immigration and Nationality Forms

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

SUMMARY: This rule amends the Immigration and Naturalization Service's (Service) regulations by updating the listing of forms currently in use by the Service. This revision is necessary to ensure that only the current editions of forms listed in the regulations are used and that the public has access to correct information concerning public use forms that have been approved for use by the Office of Management and Budget (OMB), and forms available from the Superintendent of Documents. This rule also provides approv ed Service standards which, when followed, will allow the public to electronically generate Service forms.

DATES: This interim rule is effective May 17, 1994. Written comments should be submitted on or before July 18, 1994.

ADDRESSES: Please submit written comments, in triplicate, to the Records Systems Division, Director, Policy Directives and Instructions Branch, Immigration and Naturalization Service, 425 "I" Street, NW., Washington, DC 20536. Please reference INS No. 1638-93 on your correspondence.

FOR FUTHER INFORMATION CONTACT: Ruthie Amoyal or Eartha Butler, Management Analysts, Records Systems Division, Policy Directives and Instructions Branch, Immigration and Naturalization Service, 425 "I" Street NW., Washington, DC 20536, Telephone: (202) 514-3291.

SUPPLEMENTARY INFORMATION: This rule revises Sec.Sec. 299.1 and 499.1 by updating the listing of the prescribed forms to be used in compliance with the provisions of Title 8 of the Code of Federal Regulations.

This rule also revises Sec. 299.3 by updating the listing of forms that can be purchased from the Superintendent of Documents, their stock numbers and prices. In addition, this rule provides standards in Sec. 299.4 which, when followed, will allow the public to take advantage of the automated technology available in the marketplace to electronically generate Service forms that will be deemed acceptable for processing.

Finally, Sec. 299.5 is being updated to reflect current public use forms and their respective OMB Control Numbers.

These revisions are necessary to ensure that the forms listings remain current by:

1.     Adding newly created forms,

2.     Removing obsolete forms that were cancelled for use by the Service, and

3.     Amending the entries for those forms which have been recently revised to reflect the current edition date and title.

The Service's implementation of this rule as an interim rule with provisions for post promulgation of public comments is based on the "good cause" exceptions found at 5 U.S.C. 533(b)(B) and (d)(3). The reasons and necessity for immediate implementation of this interim rule are as follows: This rule is administrative in nature and is necessary to ensure that only the current editions of the forms listed in the regulations are used. It will also ensure that the public has access to correct information conc erning public use forms approved for use by OMB and forms available from the Superintendent of Documents. In addition, this rule provides a benefit to the public by allowing them to take advantage of existing computer technology available in the marketplace to electronically reproduce Immigration and Naturalization Service forms. These electronically reproduced forms will be accepted by the Service for processing.

Regulatory Flexibility Act

The Commissioner of the Immigration and Naturalization Service, in accordance with 5 U.S.C. 605(b), has reviewed this regulation and by approving it certifies that this rule does not have a significant economic impact on a substantial number of small entities. This rule is primarily administrative in nature and merely updates the existing forms listings currently contained in Title 8 of the Code of Federal Regulations. In addition, this rule is intended to benefit small entities by providing them with spe cific standards which, if followed, will enable them to take advantage of existing computer technology available in the marketplace to electronically reproduce Service forms.

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, Sec. 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 12612

The regulation proposed 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 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

8 CFR Part 299

Immigration, Reporting and recordkeeping requirements.

8 CFR Part 499

Citizenship and naturalization, Nationality forms.

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