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 [Federal Register: September 26, 2000 (Volume 65, Number 187)]
[Rules and Regulations]               
[Page 57723-57724]
From the Federal Register Online via GPO Access []



Immigration and Naturalization Service

8 CFR Part 264

[INS No. 2040-00]
RIN 1115-AF74

Fingerprinting Certain Applicants for a Replacement Permanent 
Resident Card (Form I-551)

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.


SUMMARY: This rule amends the Immigration and Naturalization Service 
(Service) regulations clarifying which applicants for a replacement 
Permanent Resident Card (Form I-551) are required to be fingerprinted. 
This change is necessary to correct an inadvertent error in the 
regulations, which currently requires all applicants for a replacement 
Permanent Resident Card to be fingerprinted.

DATES: This final rule is effective September 26, 2000.

FOR FURTHER INFORMATION CONTACT: Pamela T. Wallace, Adjudications 
Officer, Immigration Services Division, Office of Field Operations, 
Immigration and Naturalization Service, 801 I Street, NW., Room 930, 
Washington, DC 20036, telephone (202) 514-9475.


Why Is the Service Changing the Fingerprinting Requirements for a 
Replacement Permanent Resident Card (Formally Alien Registration 
Receipt Card)?

    On March 17, 1998, the Service published on interim rule in the 
Federal Register at 63 FR 12979 implementing a new program to 
fingerprint applicants and petitioners for immigration benefits. The 
new program changed procedures for fingerprinting applicants and 
petitioners for all immigration benefits, including applicants for a 
replacement Alien Registration Receipt Card (name was changed to 
Permanent Resident Card effective January 20, 1999, 63 FR 70313). The 
interim rule removed the requirement for applicants and petitioners to 
file applications and petitions with a completed Fingerprint Card (Form 
FD-258). Instead, under the interim rule, the Service would notify

[[Page 57724]]

applicants and petitioners after they filed their applications or 
petitions to appear at an Application Support Center or other Service-
designated location, including State or local law enforcement agencies, 
to be fingerprinted.
    Before publication of the interim rule, the regulations required an 
applicant for a replacement Alien Registration Receipt Card (currently 
Permanent Resident Card) to be fingerprinted:
     Only if he or she was applying for a replacement Alien 
Registration Receipt Card because he or she had reached the age of 14 
years, unless
     The existing Alien Registration Receipt Card would expire 
before his or her 16th birthday.
    The interim rule inadvertently changed the regulations to require 
all applicants for a replacement of, or renewal of, an Alien 
Registration Receipt Card (currently Permanent Resident Card) to be 

What Does This Final Rule Do?

    This final rule amends the Service's regulations to correct the 
inadvertent error made in the interim rule. The Service will 
fingerprint an applicant filing Form I-90 for replacement of, or 
renewal of, a Permanent Resident Card only if:
     He or she is applying for a replacement Permanent Resident 
Card because he or she has reached the age of 14 years.
    Accordingly, Sec. 264.5(e)(3)(i) will be amended to clarify that 
except for those applications filed pursuant to Sec. 264.5(b)(8), 
applicants for a replacement Permanent Resident Card are not required 
to be fingerprinted on Form FD-258, unless otherwise instructed by the 
Attorney General.

Will the Service Finalize the March 17, 1998, Interim Rule?

    Yes, the Service will finalize the interim rule later this fiscal 
year and address all comments at that time.

Good Cause Exception

    The Service's implementation of this rule as a final rule is based 
on the ``good cause'' exceptions found at 5 U.S.C. 553(b)(B) and 
(d)(3). The reason and necessity for immediate implementation of this 
final rule without prior notice and comment are as follows:
    Alien Registration Receipt Cards (currently Permanent Resident 
Cards), that were issued with 10-year expiration dates, are beginning 
to expire and must be renewed. Under the current regulations all 
permanent residents who have a Permanent Resident Card that is expiring 
must be fingerprinted after they file a Form I-90, Application to 
Replace Permanent Resident Card.
    This final rule is needed to correct an inadvertent error in the 
regulations so that the Service only requires certain applicants for a 
replacement Permanent Resident Card to be fingerprinted.
    Accordingly, delaying implementation of this final rule would:
     Require all applicants to be fingerprinted unnecessarily,
     Delay the filing and adjudication of these applications, 
     Would be 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 approving it, certifies that this rule 
will not have a significant economic impact on a substantial number of 
small entities. This rule affects individual applicants for a 
replacement Permanent Resident Card. It does not affect small entities 
as that term is defined in 5 U.S.C. 601(b).

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 

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 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 13132

    This rule 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 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 E.O. 12988.

List of Subjects in 8 CFR Part 264

    Aliens, Immigration, Reporting and recordkeeping requirements.

    Accordingly, part 264 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:


    1. The authority citation for part 264 continues to read:

    Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.

Sec. 264.5  [Amended]

    2. In Sec. 264.5, paragraph (e)(3)(i) is amended by adding the 
phrase ``filing under paragraph (b)(8) of this section'' immediately 
after the word ``applicant'' and before the word ``shall''.

    Dated: February 9, 2000.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-24600 Filed 9-25-00; 8:45 am]