[Federal Register Volume 61, Number 217 (Thursday, November 7, 1996)]
[Rules and Regulations]
[Pages 57583-57585]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28585]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 103

[INS No. 1802-96]


Extension of Implementation Date for Use of Designated 
Fingerprinting Services

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: A final rule certifying Designated Fingerprinting Services 
(DFS) to take fingerprints of applicants for immigration benefits was 
published by the Immigration and Naturalization

[[Page 57584]]

Service (``the Service'') in the Federal Register on June 4, 1996, with 
an effective date of July 5, 1996. Implementation was to have begun on 
November 1, 1996. Due to an insufficient number of certification 
requests received by the Service, the Service is amending its 
regulations by extending the implementation date. This will give 
prospective DFSs additional time to submit their applications. The 
purpose is to ensure adequate fingerprint services are available to 
applicants for immigration benefits. The Service will now require 
applicants for immigration benefits to submit fingerprints taken either 
by Service officers or those entities that have filed an application 
for DFS certification with the Service before March 1, 1997.

EFFECTIVE DATE: November 1, 1996.

FOR FURTHER INFORMATION CONTACT:
Customer Service Branch, Immigration and Naturalization Service, 
Benefits Division, Room 3040, 425 I Street, NW., Washington, DC 20536, 
telephone (202) 307-3587 or Jack Rasmussen, Staff Officer, (202) 514-
3156, fax (202) 514-2093.

SUPPLEMENTARY INFORMATION:

Background

    The final rule certifying Designated Fingerprinting Services (DFSs) 
to take fingerprints of applicants for immigration benefits was 
published by the Service in the Federal Register on June 4, 1996, at 61 
FR 28003, and became effective on July 5, 1996. That final rule 
established the eligibility requirements and application procedures for 
DFS certification. The implementation of that rule will facilitate the 
processing of applicants for immigration benefits, protect the 
integrity of the fingerprinting process, and relieve the strain on 
Service personnel from taking fingerprints. The final rule would have 
been implemented in two stages: (1) As of November 1, 1996, the Service 
would have required that all fingerprints submitted to taken by a 
Service employee, a DFS fingerprinter, including law enforcement agency 
that is registered as a DFS, or an intending DFS who has completed and 
filed an application for certification with the Service; and (2) as of 
January 1, 1997, the Service would have only accepted from applicants 
for immigration benefits fingerprint cards taken by an approved or 
authorized entity or Service employee.

Extension of the Implementation Dates

    In order to ensure adequate fingerprint services are available to 
applicants for benefits, the Service is extending the DFS 
implementation date to March 1, 1997. As of that date, all fingerprints 
submitted to INS with applications must have been taken by a DFS 
fingerprinter, including law enforcement agencies who file for DFS 
status, an intending DFS who has completed and filed an application for 
certification with the Service, or a Service employee. The time 
required for adjudication of an application may vary due to the need 
for additional information. Since we do not wish to interrupt the 
operation of a business unnecessarily, no final cessation date for the 
authority of ``pending'' applications will be imposed until the 
application has been adjudicated. However, prospective DFSs who file 
their applications on or after March 1, 1997, must wait until after 
their applications have been processed and they have been certified by 
the Service before beginning to provide fingerprint services.
    The Service's implementation of this rule as a final rule is based 
on the ``good cause'' exception found at 5 U.S.C. 553(b)(B). The reason 
and necessity for immediate implementation are as follows: This 
regulation relates to agency management and practice of good customer 
service because it will give prospective DFSs more time to file their 
applications and allow the public to utilize fingerprinting services in 
their own communities.

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 economic impact on a substantial number of 
small entities. This rule merely extends the implementation date to 
allow prospective DFS's sufficient time to submit their applications.

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 12988

    This final rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of E.O. 12988.

Executive Order 12612

    The 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 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 in 8 CFR Part 103

    Administrative practice and procedure, Authority delegations 
(Government agencies), Reporting and recordkeeping requirements.

    Accordingly, part 103 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:

PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF 
SERVICE RECORDS

    1. The authority citation for part 103 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 552a; 8 U.S.C. 1101, 1103, 1201, 1252 
note, 125b, 1304, 1356; 31 U.S.C. 9701; E.O. 12356, 47 FR 14874, 
15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2.

    2. Section 103.2 is amended by:
    a. Revising the introductory text in paragraph (e)(3); and
    b. Revising paragraph (e)(3)(ii), to read as follows:


Sec. 103.2  Applications, petitions, and other documents.

* * * * *
    (e) * * *
    (3) Transition to use designated fingerprinting services. As of 
March 1, 1997, the Service will not accept fingerprint cards for 
immigration benefits unless they are taken by:
* * * * *
    (ii) An intending DFS or organization that has completed and filed 
an application for DFS status prior to March 1, 1997, which may, 
pending the Service's action upon its application, take fingerprints 
and complete the Form I-850A, indicating that its application for DFS 
status is pending. This provisional authority for an outside entity 
shall cease when its application is denied;
* * * * *

[[Page 57585]]

    Dated: October 31, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-28585 Filed 11-1-96; 4:25 pm]
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