This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

61259

Vol. 65, No. 201

Tuesday, October 17, 2000

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.

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 § 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 § 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 § 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

61260 Federal Register / Vol. 65, No. 201 / Tuesday, October 17, 2000 / Rules and Regulations

1 28 U.S.C. 2461 note.

2Some of OTS’s CMPs are in a commonly

administered statute, 12 U.S.C. 1818. Each agency

that administers this statute is making identical

adjustments.

3 12 CFR 510.6; 61 FR 56118 (October 31, 1996).

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 foreignbased 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:

§ 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 Services.

[FR Doc. 00–26621 Filed 10–16–00; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF THE TREASURY

Office of Thrift Supervision

12 CFR Parts 509 and 510

[Docket No. 2000–89]

RIN 1550–AB41

Rules of Practice and Procedure for

Adjudicatory Proceedings; Civil Money

Penalty Inflation Adjustment

AGENCY: Office of Thrift Supervision,

Treasury.

ACTION: Final rule.

SUMMARY: The Federal Civil Monetary

Penalty Inflation Adjustment Act of

1990 requires all federal agencies with

statutory authority to impose civil

money penalties (CMPs) to evaluate and

adjust those CMPs every four years. OTS

last adjusted its CMP statutes in 1996.

Consequently, OTS is issuing this final

rule to implement the required

adjustments to its CMP statutes. OTS is

also moving its chart displaying

adjusted CMPs to the part containing

OTS’s procedural rules for adjudicatory

proceedings.

EFFECTIVE DATE: October 17, 2000.

FOR FURTHER INFORMATION CONTACT:

Timothy P. Leary, Counsel (Banking &

Finance), (202) 906–7170, Regulations

and Legislation Division, Office of the

Chief Counsel, Office of Thrift

Supervision, 1700 G Street, NW.,

Washington, DC 20552.

SUPPLEMENTARY INFORMATION:

I. Background

The Federal Civil Monetary Penalties

Inflation Adjustment Act of 1990 1

(FCMPIAA) requires each agency to

make inflationary adjustments to the

CMPs in statutes that it administers. 2

Under the FCMPIAA, agencies must

make those adjustments at least once

every four years. OTS last adjusted its

CMPs in 1996. 3 An increased CMP

applies only to violations that occur

after the increase takes effect.

While the CMP statutes of many

agencies provide for minimum and

maximum penalty amount, all of OTS’s

CMP statutes provide only for a daily

maximum amount. Today’s rule

therefore refers only to maximum CMPs.

Today’s increases in maximum CMPs

may not necessarily affect the amount of

any CMP that OTS may seek for a

particular violation. OTS calculates

each CMP on a case-by-case basis based

upon a variety of factors (including the

gravity of the violation, whether the

violation was willful or recurring, and

any harm to the depository institution).

As a result, the maximums merely serve

as a cap.

Under the statute, the agency

determines the inflation adjustment by

increasing the maximum CMP by a

‘‘cost-of-living’’ adjustment. The ‘‘costof-living’’ adjustment is the percentage

by which the Consumer Price Index

(CPI) for the month of June of the

calendar year preceding the adjustment

exceeds the CPI for the month of June