[Federal Register Volume 61, Number 177 (Wednesday, September 11, 1996)] [Rules and Regulations] [Pages 47799-47801] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-23035] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ 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. ======================================================================== Federal Register / Vol. 61, No. 177 / Wednesday, September 11, 1996 / Rules and Regulations [[Page 47799]] DEPARTMENT OF JUSTICE Immigration and Naturalization Service 8 CFR Parts 282, 299 and 499 [INS No. 1638-95] RIN 1115-AD58 Immigration and Nationality Forms AGENCY: Immigration and Naturalization Service, Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule amends the Immigration and Naturalization Service's (Service) regulations by updating the listing of forms currently in use by the Service. This revision is necessary to ensure that only current editions of forms listed in the regulations are used and the public has access to correct information concerning public use forms that have been approved for use by the Office of Management and Budget, and forms available for purchase from the Superintendent of Documents. This rule also provides approved Service standards which, when followed, will allow the public to electronically generate Service forms. EFFECTIVE DATE: September 11, 1996. FOR FURTHER INFORMATION CONTACT: Richard A. Sloan, Director, Policy Directives and Instructions Branch, Immigration and Naturalization Service, 425 ``I'' Street NW., Washington, DC 20536, Telephone: (202) 514-3291. SUPPLEMENTARY INFORMATION: On May 17, 1994, the Service published an interim rule with request for comments in the Federal Register at 58 FR 25555-25561. The interim rule: (1) Revised Secs. 299.1 and 499.1 by updating the listing of the prescribed forms to be used in compliance with the provisions of Title 8 of the Code of Federal Regulations; (2) Revised Sec. 299.3 by updating the listing of forms that could be purchased from the Superintendent of Documents, their stock numbers, and prices; (3) Provided standards in Sec. 299.4 which, when followed, would allow the public to take advantage of the automated technology available in the marketplace to electronically generate Service forms that would be deemed acceptable for processing; and (4) Revised Sec. 299.5 to reflect current public use forms and their respective Office of Management and Budget (OMB) control numbers. The comment period for the interim rule ended on July 18, 1994. The Service received comments from five commenters. The following is a discussion of those comments along with the Service's response. Acceptance of Computer-Generated Form I-20 A majority of the commenters expressed enthusiastic appreciation for the opportunity to utilize laser printed I-20 Forms. One commenter stated that, during peak periods, the computerized forms saved 15 staff hours of processing time per week, and another commenter stated that the productivity of school office staff increased dramatically. Still another commenter offered congratulations to the Service for addressing the needs and desires of those using our forms and could find nothing to change in the interim rule. The Service is encouraged by these comments and will continue to try to accommodate the needs of the public while still maintaining our proposed standards. Non-Acceptance of Computer-Generated Form I-20 One commenter urged the Service to reconsider its utilization of computer-generated Form I-20. The commenter opined that the use of such documents encouraged fraud and suspicion. The Service appreciates these comments and feels it necessary to reassure this commenter that the computer-generated Form I-20 will be processed by officers of the Service, who are highly trained in detecting fraudulent documents. However, to alleviate these fears, the Service has issued policy guidance to the field which states that those private entities that electronically generate Form I-20 in single page format rather than double sided format, will be required to include the student's name, school, and date of birth in a shaded box on the top of page 4, using the same type size and font style as the body of the form. This policy has been included in Sec. 299.4(b)(1) of this final rule and will continue to allow the private sector to electronically produce the Form I-20 while providing the latest safeguards against fraudulent Form I-20's being submitted. Other Topics Addressed Another commenter was very complimentary about the entire change in policy concerning the acceptance of electronically generated forms and suggested that the Service revise the language contained in Sec. 299.4(d) concerning the use of laser printers or near-letter- quality printers. Specifically, this commenter felt that the Service needed to address future changes in printer technologies. The Service concurs with this suggestion and is revising the language in Sec. 299.4(d) to allow for the use of electronic printers that provide near-letter-quality documents to generate electronic forms. Final Rule In addition to the changes being incorporated into Sec. 299.4 (b)(1) and (d) of this final rule, the Service is also: (1) Removing 8 CFR part 282 which includes certain language that is already contained in section 282 of the Immigration and Nationality Act and which will be included in 8 CFR 299.3; (2) Amending Sec. 299.3 by updating the listing of forms that could be purchased from the Superintendent of Documents, the related stock numbers, and prices; (3) Amending Secs. 299.1 and 299.4 by updating the listing of the prescribed forms to be used in compliance with the provisions of Title 8 of the Code of Federal Regulations; (4) Amending Sec. 299.4(b)(3) and (e) to remove the office title ``Records Systems Division''; and by (5) Amending Sec. 299.5 to reflect current public use forms and their respective OMB control numbers. The new actions to remove 8 CFR part 282 and amending Sec. 299.4(b)(3) and (e) as described above are based on the ``good cause'' exception found at 5 U.S.C. 553(d)(3). These actions will not affect the public and are being done purely for administrative purposes. [[Page 47800]] Regulatory Flexibility Act The Commissioner of the Immigration and Naturalization Service, in accordance with 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 primarily administrative in nature and merely updates the existing forms listings currently contained in Title 8 of the Code of Federal Regulations. In addition, this rule is intended to benefit small entities by providing them with specific standards which, if followed, will enable them to take advantage of existing computer technology available in the marketplace to electronically reproduce Service forms. 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 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. List of Subjects 8 CFR Part 282 Forms, Immigration. 8 CFR Part 299 Immigration, Reporting and recordkeeping requirements. 8 CFR Part 499 Citizenship and naturalization, Nationality forms. Accordingly, the interim rule amending 8 CFR parts 299 and 499 which was published at 59 FR 25555-25561 on May 17, 1994, is adopted as a final rule with the following changes: PART 282--FORMS FOR SALE TO PUBLIC 1. Part 282 is removed. PART 299--IMMIGRATION FORMS 2. The authority citation for part 299 continues to read as follows: Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2. 3. Section 299.1 is amended by: a. Removing the entries for Forms ``I-328'' and ``I-591''; and by b. Revising the entries for Forms ``FD- 258'', ``G-639'', ``I-102'', ``I-104'', ``I-246'', ``I-551'', ``I- 586'', ``I-589'', ``I-602'', ``I-607'', ``I-688'', ``I-688B'', ``I- 765'', and ``I-775'' to read as follows: Sec. 299.1 Prescribed forms. * * * * * ------------------------------------------------------------------------ Edition Form No. date Title ------------------------------------------------------------------------ * * * * * FD-258...................... 12-29-82 Applicant Fingerprint Card. * * * * * G-639....................... 03-21-94 Freedom of Information Act/ Privacy Act Request. * * * * * I-102....................... 06-13-95 Application for Replacement/ Initial Nonimmigrant Arrival/ Departure Document. I-104....................... 11-01-84 Alien Address Report Card. * * * * * I-246....................... 01-15-86 Application for Stay of Deportation. * * * * * I-551....................... 01-31-77 Alien Registration Receipt Card. * * * * * I-586....................... 04-30-77 Nonresident Alien Border Crossing Card. I-589....................... 11-16-94 Application for Asylum and for Withholding of Deportation. * * * * * I-602....................... 10-01-85 Application by Refugee for Waiver on Grounds of Excludability. I-607....................... 02-01-72 Order Re Waiver of Excludability Pursuant to Section 212(h), (i) and Permission to Reapply. * * * * * I-688....................... 01-01-89 Temporary Resident Card. * * * * * I-688B...................... 08-07-93 Employment Authorization Card. * * * * * I-765....................... 04-25-95 Application for Employment Authorization. I-775....................... 05-12-94 Visa Waiver Pilot Program Agreement. * * * * * ------------------------------------------------------------------------ 4. The introductory text for Sec. 299.3 is revised to read as follows: Sec. 299.3 Forms available from Superintendent of Documents. The Immigration and Naturalization Service forms listed in this section may be obtained, upon prepayment, from the Superintendent of Documents, who is authorized to print these forms for sale to the public. Prices are set by the Superintendent of Documents, Government Printing Office, and are subject to change without notice. A small supply of these forms shall be set aside by immigration officers for free distribution and official use. * * * * * Sec. 299.3 [Amended] 5. Section 299.3 is amended by removing the entries for Forms ``I- 102'', ``I-526'', ``I-600'' and ``I-600A''. 6. Section 299.3 is amended by adding the entries for Forms ``I- 765'' and ``I-817'' in proper numerical sequence, to the listing of forms, to read as follows: Sec. 299.3 Forms available from the Superintendent of Documents. * * * * * ------------------------------------------------------------------------ GPO stock No. (S/ Price per Form No. N) 100/pd ------------------------------------------------------------------------ * * * * * I-765..................................... 027-002-00441-8 49.00 I-817..................................... 027-002-00415-9 36.00 * * * * * ------------------------------------------------------------------------ 7. Section 299.3 is amended by revising the entries for forms ``I- 20MN'', ``I-94 (English)'', ``I-129F'', and ``I-693'', to read as follows: Sec. 299.3 Forms available from Superintendent of Documents. * * * * * [[Page 47801]] ------------------------------------------------------------------------ GPO stock No. (S/ Price per Form No. N) 100/pd ------------------------------------------------------------------------ * * * * * I-20MN.................................... 027-002-00403-5 26.00 * * * * * I-94(English)............................. 027-002-00318-7 11.00 * * * * * I-129F.................................... 027-002-00389-6 26.00 * * * * * I-693..................................... 027-002-00355-1 43.00 * * * * * ------------------------------------------------------------------------ * * * * * 8. Section 299.4 is amended by: a. Revising the introductory text in paragraph (b); b. Revising paragraph (b)(1); c. Revising paragraph (b)(3); d. Revising paragraph (d); and by e. Revising paragraph (e), to read as follows: Sec. 299.4 Reproduction of Public Use Forms by public and private entities. * * * * * (b) Requirements for electronic generation. Public or private entities may electronically generate forms required for applying for a specific benefit, in compliance with the immigration and naturalization regulations, at their own expense. This includes forms that have been made available for purchase by the Superintendent of Documents, as listed in Sec. 299.3 provided that each form satisfies the following requirements: (1) An electronic reproduction must be complete, containing all questions which appear on the official form. The wording and punctuation of all data elements and identifying information must match exactly. No data elements may be added or deleted. The sequence and format for each item on the form must be replicated to mirror the authorized agency form. Each item must be printed on the same page in the same location. Likewise, multiple-part sets may be printed as single sheets provided that the destination of the carbon copy is clearly identified on the bottom of the form. Private entities must reproduce forms on the same colored paper that is used on the official form. In the case of the Form I-20 A-B/I-20ID, Certificate of Eligibility for Nonimmigrant (F-1) Student Status--For Academic and Language Students, private entities may generate this form in single- page format rather than double-sided format, provided that the student's name, school, and date of birth is printed in a shaded box on the top of page 4 of the form, using the same type size and font style as the body of the form. * * * * * (3) The final form must be approved for use by the Director, Policy Directives and Instructions Branch. The form should be mailed to the address listed in paragraph (e) of this section for approval. * * * * * (d) Electronic printers that provide for near-letter-quality documents should be used to generate electronic forms. Dot matrix printers that are only capable of producing draft quality documents should not be used for form generation, but may be used for the entry of data in a preprinted form where appropriate. (e) Any form with poor print quality or other defect which renders it illegible, difficult to read, or displays added or missing data elements, will be rejected by the Service. Any problems regarding the acceptability of a specific electronic version of a particular Service form may be brought to the attention of the Director, Policy Directives and Instructions Branch, 425 ``I'' Street, NW., Room 5307, Washington, DC 20536, telephone number (202) 514-3048. Sec. 299.5 [Amended] 9. Section 299.5 is amended by removing the entries for Forms ``I- 591'' and ``G-897''. 10. Section 299.5 is amended by: a. Adding the entries for Forms ``I-847'' and ``I-855'', to the listing of forms, in proper numerical sequence; and by b. Adding the entries for the ``Telephone Verification System (TVS) Pilot Phase II'' and the ``Generic Clearance of Customer Service Surveys'' immediately after the last entry in the second column, ``INS form title'' to read as follows: Sec. 229.5 Display of control numbers. * * * * * ------------------------------------------------------------------------ Currently assigned INS form No. INS form title OMB control No. ------------------------------------------------------------------------ * * * * * I-847....................... Report of Complaint.......... 1115-0191 * * * * * I-855....................... ABC Change of Address Form... 1115-0197 * * * * * Telephone Verification System 1115-0192 (TVS) Pilot Phase II. Generic Clearance of Customer 1115-0195 Service Surveys. ------------------------------------------------------------------------ PART 499--NATIONALITY FORMS 11. The authority citation for part 499 continues to read as follows: Authority: 8 U.S.C. 1103; 8 CFR part 2. 12. Section 499.1 is amended by revising the entries for Forms ``M- 288'', ``M-289'', ``M-290'', ``M-291'', ``N-4'', ``N-565'', and ``N- 643'' to read as follows: Sec. 499.1 Prescribed forms. * * * * * ------------------------------------------------------------------------ Edition Form No. date Title and description ------------------------------------------------------------------------ M-288....................... 12-30-87 United States History 1600- 1987, Level II. M-289....................... 12-31-87 United States History 1600- 1987, Level I. M-290....................... 01-01-90 U.S. Government Structure, Level II. M-291....................... 12-31-87 U.S. Government Structure, Level I. * * * * * N-4......................... 12-14-93 Monthly Report-- Naturalization Papers Forwarded. * * * * * N-565....................... 11-18-93 Application for Replacement Naturalization/Citizenship Document. * * * * * N-643....................... 05-10-93 Application for Certificate of Citizenship on Behalf of an Adopted Child. * * * * * ------------------------------------------------------------------------ Dated: August 7, 1996. Doris Meissner, Commissioner, Immigration and Naturalization Service. [FR Doc. 96-23035 Filed 9-10-96; 8:45 am] BILLING CODE 4410-01-M