[Federal Register Volume 64, Number 235 (Wednesday, December 8, 1999)]
[Proposed Rules]
[Pages 68638-68639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-31693]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 235 / Wednesday, December 8, 1999 / 
Proposed Rules  

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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 100

[INS No. 1949-98]
RIN 1115-AF18


Jurisdictional Change for the Los Angeles and San Francisco 
Asylum Offices

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Proposed rule

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SUMMARY: This rule proposes to amend the Immigration and Naturalization 
Service (Service) regulations to transfer asylum office jurisdiction 
over the State of Hawaii and the Territory of Guam from the San 
Francisco Asylum Office to the Los Angeles Asylum Office. The Los 
Angeles Asylum office would have jurisdiction over the states of 
Arizona, southern portion of California, Hawaii, the southern portion 
of Nevada currently within the jurisdiction of the Las Vegas Suboffice, 
and the Territory of Guam. The intended effect of this regulation is to 
reallocate Service resources and improve processing efficiency for the 
Los Angeles and San Francisco Asylum Offices given the greater number 
of asylum officers stationed in Los Angeles.

DATES: Written comments must be submitted on or before February 7, 
2000.

ADDRESSES: Please submit written comments in triplicate to the 
Director, Policy Directives and Instructions Branch, Immigration and 
Naturalization Service, 425 I Street NW, Room 5307, Washington, DC 
20536. To ensure proper handling, please reference INS No. 1949-98 on 
your correspondence. Comments are available for public inspection at 
the above address by calling (202) 514-3048 to arrange for an 
appointment.

FOR FURTHER INFORMATION CONTACT: Christine Davidson, Supervisory Asylum 
Officer, or Marta Rothwarf, Asylum Officer, Office of International 
Affairs, Asylum Division, Immigration and Naturalization Service, 425 I 
Street NW, Washington, DC 20536, Attn: ULLICO Bldg., Third Floor; 
Telephone (202) 305-2663.

SUPPLEMENTARY INFORMATION:

Why Is Jurisdiction Being Transferred to the Los Angeles Asylum 
Office?

    The regulation at 8 CFR 100.4(f)(7) gives the San Francisco Asylum 
Office jurisdiction over asylum applications filed by individuals 
residing in the State of Hawaii and the Territory of Guam. Transferring 
jurisdiction over the State of Hawaii and the Territory of Guam to the 
Los Angeles Asylum Office under 8 CFR 100.4(f)(8) will enable the 
Service to better allocate its resources and improve processing 
efficiency based on the availability of asylum officers in the Los 
Angeles Asylum Office.

How Will This Change Affect Submission of Claims for Those 
Applicants Living in Hawaii and the Territory of Guam?

    Currently, individuals residing in the State of Hawaii and the 
Territory of Guam must submit the Form I-589, Application for Asylum 
and Withholding of Removal, to the Nebraska Service Center. After the 
jurisdiction change becomes effective, individuals residing in the 
State of Hawaii and the Territory of Guam must submit the Form I-589 to 
the California Service Center. The Service will notify the public of 
this change in submission requirements through a separate notice 
published in the Federal Register and through an attachment to the Form 
I-589 sent out by the INS Forms Centers. The Service will continue to 
conduct asylum interviews in the State of Hawaii and the Territory of 
Guam; however, asylum officers from the Los Angeles Asylum Office will 
conduct the interviews rather than officers from the San Francisco 
Asylum Office.

What Will Happen to Applications Filed With the Nebraska Service 
Center Before the Change in Jurisdiction Becomes Effective?

    Before the jurisdiction change becomes effective asylum 
applications are submitted to the Nebraska Service Center. Accepted 
applications are receipted, entered into the Service computer systems, 
and a file is created. These files are sent to the San Francisco Asylum 
Office where the case is scheduled for an interview and asylum officers 
are sent out to Guam and Hawaii to conduct asylum interviews. 
Applicants are notified of the decision by mail.

What Will Happen to Those Applications Filed With the Nebraska 
Service Center After the Change in Jurisdiction Becomes Effective?

    After the jurisdiction change becomes effective, the Nebraska 
Service Center will continue to accept asylum applications filed by 
applicants residing in the State of Hawaii and the Territory of Guam 
for 30 days after the effective date of this rule. Pending cases will 
be transferred to the Los Angeles Asylum Office for interview 
scheduling and interviews. Applications received 31 days after the 
effective date of this rule will be rejected due to the tight statutory 
and regulatory time constraints governing the adjudication of asylum 
applications. Rejected applications will contain a notice explaining 
that asylum applications must be resubmitted to the California Service 
Center. Rejected applications are not considered filed for work 
authorization purposes or for interview scheduling until they are 
properly resubmitted to the California Service Center.

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 
will not have a significant economic impact on a substantial number of 
small entities. The factual basis for this determination is that this 
rule is administrative in nature and merely transfers jurisdiction for 
processing asylum applications. This rule applies to individuals 
submitting applications and does not affect small entities as that term 
is defined in 5 U.S.C. 601(6).

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

[[Page 68639]]

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 on 
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

    This rule 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 preparation of a Federalism 
Assessment.

Executive Order 12988 Civil Justice Reform

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

List of Subjects in 8 CFR Part 100

    Organization of functions (Government agencies).

    Accordingly, part 100 of chapter I of Title 8 of the Code of 
Federal Regulations is proposed to be amended as follows:

PART 100--STATEMENT OF ORGANIZATION

    1. The authority citation for part 100 continues to read as 
follows:

    Authority: 8 U.S.C. 1103; 8 CFR part 2.

    2. In Sec. 100.4, paragraphs (f)(7) and (f)(8) are revised to read 
as follows:


Sec. 100.4  Field Offices.

* * * * *
    (f) * * *
    (7) Los Angeles, California. The Asylum Office in Los Angeles has 
jurisdiction over the States of Arizona, the southern portion of 
California as listed in Sec. 100.4(b)(16) and Sec. 100.4(b)(39), 
Hawaii, the southern portion of Nevada currently within the 
jurisdiction of the Las Vegas Suboffice, and the Territory of Guam.
    (8) San Francisco, California. The Asylum Office in San Francisco 
has jurisdiction over the northern part of California as listed in 
Sec. 100.4(b)(13), the portion of Nevada currently under the 
jurisdiction of the Reno Suboffice, and the States of Alaska, Oregon, 
and Washington.

    Dated: November 24, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-31693 Filed 12-7-99; 8:45 am]
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