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 because of the following factor: Aliens with fraudulent documents make up approximately 4 percent of the total number of aliens found to be inadmissible at airports of entry. The Service anticipates rarely having to us e this provision. In the past 4 years, the Service has warned only two carriers that it might take action to fine then if the carrier did not cease bringing aliens to the United States with fraudulent documents. Neither of these carriers was fined. Although the economic impact on a carrier whose privilege is suspended will be significant, it is not expected that a substantial number of small entities will be affected.

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 12612

The regulations 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.

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.

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.

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.

Paperwork Reduction Act of 1995

This proposed rule does not impose any new reporting or recordkeeping requirements. The evidence requirements for reinstatement contained in § 273.7(j) are not considered an information collection as defined in 5 CFR 1320.3(e). As previously discussed, the Service has warned only two carriers that it might take action if the carrier did not cease bringing aliens to the United States with fraudulent documents.