[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