The Addition of Commercial Delivery Service as a Form of Personal Service [64 FR 17943] [FR 19-99]

DOCUMENT NUMBER: FR19-99

FEDERAL REGISTER CITE: 64 FR 17943

DATE OF PUBLICATION: April 13, 1999

BILLING CODE 4410-10

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 103

[INS No. 1952-98]

The Addition of Commercial Delivery Service as a

Form of Personal Service

RIN 1115-AF30

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

SUMMARY: This rule amends the Immigration and Naturalization Service (Service) regulations by adding the use of commercial delivery service as a form of personal service for the delivery of Notices of Intention to Fine (NIFs), Form I-79, by the Service. A commercial delivery service allows for the registered signature of the addressee or other responsible party to be on record, allows Service personnel to be able to track the mailing status of the copy on a computer information system, and allows the addressee to r eceive the copy in a timely and efficient manner. The change is intended to facilitate and improve the personal service of NIFs.

DATES: This final rule is effective April 13, 1999.

FOR FURTHER INFORMATION CONTACT: Marylena S. Kruszka, Immigration Fines Officer, National Fines Office, Immigration and Naturalization Service, 1400 Wilson Blvd., Suite 210, Arlington, VA 22209, telephone (202) 305-7018.

SUPPLEMENTARY INFORMATION: Currently, § 103.5a(a)(2) permits the Service to personally serve notices, decisions, or orders by: (1) Personally delivering the paperwork to the person in question; (2) delivering the paperwork to the person's residence; (3) delivering the paperwork to the person's attorney; or by (4) mailing a copy by certified or registered mail with a return receipt. This rule adds commercial overnight delivery service as a form of personal service for NIFs.

Why Is the Service Making This Change?

Currently, the National Fines Office (NFO) mails out approximately 7,000 NIFs per year via certified mail. By permitting commercial delivery, Service personnel can use a commercial computer information system to complete the mail delivery forms, instantly track the status of the package, and retrieve the registered signature of the addressee. Commercial delivery services generally guarantee delivery within one or two business days. The NFO currently pays $2.32 per NIF sent via certified mail, and $3.50 via commercial delivery service. Even though commercial delivery is more expensive per NIF sent, multiple NIFs can be included and tracked in one overnight package; this is not the case with certified mail. There is also a cost involved in preparing the certified mail envelopes and filing the return receipts. The NFO has developed a method to record the overnight delivery tracking number for each NIF sent via commercial delivery service so there is no need to file a receipt. Moreover, since the commercial d elivery system is automated, preparing the packages for mailing is less time consuming. Overall, there is a cost savings that will flow from the time and effort saved by using a commercial delivery service. Notice of Intention to Fine require timely responses by the recipient; therefore, guaranteed, verifiable delivery is beneficial to both the Service and the public. Accordingly, the Service is amending § 103.5a(a) to include commercial delivery service as a form of personal service for NIFs.

Good Cause Exception

This final rule is effective upon publication in the Federal Register . Compliance with 5 U.S.C. 553 with regard to proposed rulemaking and delayed effective date is unnecessary in this instance and would serve no useful purpose because the amendment relates to agency procedure and practice.

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 does not have a significant economic impact on a substantial number of small entities. This rule is intended to increase Service efficiency and reduce costs to the Government.

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 or 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 12612

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