[Federal Register Volume 64, Number 70 (Tuesday, April 13, 1999)]
[Rules and Regulations]
[Pages 17943-17944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9162]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 103

[INS No. 1952-98]


The Addition of Commercial Delivery Service as a Form of Personal 
Service

RIN 1115-AF30
AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This rule amends the Immigration and Naturalization Service 
(Service) regulations by adding the use of commercial delivery service 
as a form of personal service for the delivery of Notices of Intention 
to Fine (NIFs), Form I-79, by the Service. A commercial delivery 
service allows for the registered signature of the addressee or other 
responsible party to be on record, allows Service personnel to be able 
to track the mailing status of the copy on a computer information 
system, and allows the addressee to receive the copy in a timely and 
efficient manner. The change is intended to facilitate and improve the 
personal service of NIFs.

DATES: This final rule is effective April 13, 1999.

FOR FURTHER INFORMATION CONTACT: Marylena S. Kruszka, Immigration Fines 
Officer, National Fines Office, Immigration and Naturalization Service, 
1400 Wilson Blvd., Suite 210, Arlington, VA 22209, telephone (202) 305-
7018.

SUPPLEMENTARY INFORMATION: Currently, Sec. 103.5a(a)(2) permits the 
Service to personally serve notices, decisions, or orders by: (1) 
Personally delivering the paperwork to the person in question; (2) 
delivering the paperwork to the person's residence; (3) delivering the 
paperwork to the person's attorney; or by (4) mailing a copy by 
certified or registered mail with a return receipt. This rule adds 
commercial overnight delivery service as a form of personal service for 
NIFs.

Why Is the Service Making This Change?

    Currently, the National Fines Office (NFO) mails out approximately 
7,000 NIFs per year via certified mail. By permitting commercial 
delivery, Service personnel can use a commercial computer information 
system to complete the mail delivery forms, instantly track the status 
of the package, and retrieve the registered signature of the addressee. 
Commercial delivery services generally guarantee delivery within one or 
two business days. The NFO currently pays $2.32 per NIF sent via 
certified mail, and $3.50 via commercial delivery service. Even though 
commercial delivery is more expensive per NIF sent, multiple NIFs can 
be included and tracked in one overnight package; this is not the case 
with certified mail. There is also a cost involved in preparing the 
certified mail envelopes and filing the return receipts. The NFO has 
developed a method to record the overnight delivery tracking number for 
each NIF sent via commercial delivery service so there is no need to 
file a receipt. Moreover, since the commercial delivery system is 
automated, preparing the packages for mailing is less time consuming. 
Overall, there is a cost savings that will flow from the time and 
effort saved by using a commercial delivery service. Notice of 
Intention to Fine require timely responses by the recipient; therefore, 
guaranteed, verifiable delivery is beneficial to both the Service and 
the public. Accordingly, the Service is amending Sec. 103.5a(a) to 
include commercial delivery service as a form of personal service for 
NIFs.

Good Cause Exception

    This final rule is effective upon publication in the Federal 
Register. Compliance with 5 U.S.C. 553 with regard to proposed 
rulemaking and delayed effective date is unnecessary in this instance 
and would serve no useful purpose because the amendment relates to 
agency procedure and practice.

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 
does not have a significant economic impact on a substantial number of 
small entities. This rule is intended to increase Service efficiency 
and reduce costs to the Government.

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 
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 or 
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 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 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 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 12988 Civil Justice Reform

    This final 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 103

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Privacy, Reporting and 
recordkeeping requirements, Surety bonds.

    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:


[[Page 17944]]


    Authority: 5 U.S.C. 552, 552(a); 8 U.S.C. 1101, 1103, 1201, 1252 
note, 1252b, 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 103.5a is amended by adding a new paragraph (a)(3) to 
read as follows:


Sec. 103.5a  Service of notification, decisions, and other papers by 
the Service.

* * * * *
    (a) * * *
    (3) Personal service involving notices of intention to fine. In 
addition to any of the methods of personal service listed in paragraph 
(a)(2) of this section, personal service of Form I-79, Notice of 
Intention to Fine, may also consist of delivery of the Form I-79 by a 
commercial delivery service at the carrier's address on file with the 
National Fines Office, the address listed on the Form I-849, Record for 
Notice of Intent to Fine, or to the office of the attorney or agent 
representing the carrier, provided that such a commercial delivery 
service requires the addressee or other responsible party accepting the 
package to sign for the package upon receipt.
* * * * *
    Dated: March 12, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-9162 Filed 4-12-99; 8:45 am]
BILLING CODE 4410-10-M