[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
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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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