[Federal Register Volume 65, Number 122 (Friday, June 23, 2000)]
[Rules and Regulations]
[Pages 39071-39072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15925]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 122 / Friday, June 23, 2000 / Rules 
and Regulations  

[[Page 39071]]



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: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule amends 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 will have jurisdiction over the states of 
Arizona, the 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 intent 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: This rule is effective July 24, 2000.

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 (ULLICO Building, Third Floor), Washington, DC 20536; 
Telephone (202) 305-2663.

SUPPLEMENTARY INFORMATION:

Did the Service Publish a Proposed Rule Transferring Jurisdiction 
Between the Los Angeles and San Francisco Asylum Offices?

    A proposed rule discussing jurisdictional changes for the Los 
Angeles and San Francisco Asylum Offices was published in the Federal 
Register on December 8, 1999, at 64 FR 68638 with a 60-day public 
comment period. No public comments concerning the jurisdictional 
changes for the two asylum offices discussed in the proposed rule were 
received. Accordingly, this final rule, changing jurisdiction of the 
Los Angeles and San Francisco Asylum Offices, will become effective 30 
days from the date of publication in the Federal Register.

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

    The regulation at 8 CFR 100.4(f)(8) 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)(7) 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 an attachment to the 
Form I-589 sent out by the Service's Forms Centers in addition to the 
publication of this rule in the Federal Register. The Service will 
continue to conduct asylum interviews in the State of Hawaii and the 
Territory of Guam; however, asylum offices from the Los Angeles Asylum 
Office will conduct the interviews rather than officers from the San 
Francisco Asylum Office.

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. Members of the 
public are encouraged to save all correspondence with the Service, 
including any rejection letters received from the Service Centers. This 
correspondence may be submitted with asylum applications in the event 
that the 1-year filing deadline for asylum applications is at issue.

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

[[Page 39072]]

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 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 13132

    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 section 6 of 
Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

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 and functions (Government agencies).

    Accordingly, part 100 of chapter I of title 8 of the Code of 
Federal Regulations is 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: June 6, 2000.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 00-15925 Filed 6-22-00; 8:45 am]
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