[Federal Register Volume 60, Number 100 (Wednesday, May 24, 1995)]
[Proposed Rules]
[Pages 27441-27442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12717]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 264
[INS No. 1686-95]
RIN 1115-AD87
Removal of Form I-151, Alien Registration Receipt Card, From the
Listing of Forms Recognized as Evidence of Registration for Lawful
Permanent Resident Aliens
agency: Immigration and Naturalization Service, Justice.
action: Proposed rule.
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summary: This proposed rule would amend the Immigration and
Naturalization Service (``the Service'') regulations by removing Form
I-151, Alien Registration Receipt Card, from the listing of forms
recognized as evidence of registration as a lawful permanent resident
alien. This rule is necessary to complete the establishment of the
current Alien Registration Receipt Card, Form I-551, as the exclusive
alien registration receipt card for use by permanent resident aliens.
dates: Written comments must be submitted on or before July 24, 1995.
addresses: Please submit written comments, in triplicate, to the
Director, Policy Directives and Instructions, Immigration and
Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC
20536, Attn: Public Comment Clerk. To ensure proper handling, please
reference INS No. 1686-95 on your correspondence. Comments are
available for public inspection at this location by calling (202) 514-
3048 to arrange an appointment.
for further information contact: Gerard Casale, Senior Adjudications
Officer, Immigration and Naturalization Service, Room 3214, 425 I
Street NW., Washington, DC 20536, telephone (202) 514-5014.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 1993, the Service published a final rule in the
Federal Register at 58 FR 48775-48780, establishing the Form I-551,
Alien Registration Receipt Card, as the exclusive form of registration
for lawful permanent resident aliens, by terminating the validity of
the old Form I-151, Alien Registration Receipt Card. In addition, the
final rule provided the procedures by which a lawful permanent resident
alien in possession of a Form I-151 or a prior alien registration
document, such as the Form AR-3 or AR-103, could replace these
documents with the current Form I-551. The final rule provided that the
amendments to 8 CFR part 264 concerning the procedures for applying for
a replacement card became effective on October 20, 1993.The final rule
also provided that the effective date for the removal of references to
the Form I-151 from 8 CFR parts 204, 211, 223, 223a, 235, 251, 252,
247a, 299, 316, and 334 would be September 20, 1994. On September 14,
1994, the Service published a final rule at 59 FR 47063, delaying the
effective date of the amendments to 8 CFR parts 204, 211, 223, 235,
251, 252, 247a. 299, 316, and 334, from September 20,1994, until March
20, 1995. On March 17, 1995, a final rule was published in the Federal
Register at 60 FR 14353, further delaying the effective date of the
amendments to 8 CFR parts 204, 211, 235, 251, 252, 274a, 299, 316, and
334, from March 20, 1995, until March 20, 1996.
Removal of Form I-151 From the List of Prescribed Service Forms
The Service's reasons for terminating the validity of the Form I-
151, Alien Registration Receipt Card have been discussed in detail in
the previous notice of proposed rulemaking published on May 28, 1993,
at 58 FR 31000-31003, and in the final rulemaking published on
September 20, 1993, at 58 FR 48775-48780, which considered and
addressed the public comments received. These rulemakings advised the
public of the Service's conclusion that the current Form I-551 Alien
Registration Receipt Card must be established as the exclusive Alien
Registration Receipt card because ``it is no longer sound public policy
to recognize Alien Registration Receipt Cards that predate the use of
the Form I-551.'' 58 FR 48775 (September 20, 1993).
In the course of that rulemaking process, however, the intended
removal of Form I-151 from the list of prescribed Service forms in 8
CFR 264.1(b) was inadvertently omitted. By removing the Form I-151 from
that list, the proposed rule would correct that previous omission and
complete the I-151 card replacement program's declared objective of
establishing the current Form I-551 as the sole Alien Registration
Receipt Card recognized by the Service. The Service intends that this
rule, if adopted, would take effect on March 20, 1996, the date on
which the validity of the old Form I-151 Alien Registration Receipt
Card will terminate under the final rule published March 17, 1995, at
60 FR 14353. By taking effect upon the same date, the proposed rule
would preclude any discrepancy or confusion over the effective date on
which the validity of the old cards will terminate.
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 adverse economic impact on a substantial
number of small entities because of the following factors. The
provisions of this rule merely clarify the requirements of existing
regulations concerning documentation of lawful permanent resident
aliens. As such, the new provisions have no significant adverse
economic impact on the small entities. [[Page 27442]]
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 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 12606
The Commissioner of the Immigration and Naturalization Service
certifies that she has assessed this rule in light of the criteria in
Executive Order 12606 and has determined that this regulation will not
have an impact on family well-being.
List of Subjects in 8 CFR Part 264
Aliens, Reporting and recordkeeping requirements.
Accordingly, part 264 of chapter I of title 8 of the Code of
Federal Regulations is proposed to be amended as follows:
PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES
1. The authority citation for part 264 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.
Sec. 264.1 [Amended]
2. In Sec. 264.1, paragraph (b) is amended by removing the Form
Number and Class reference to Form ``I-151'' from the listing of forms.
Dated: April 12, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-12717 Filed 5-23-95; 8:45 am]
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