[Federal Register Volume 63, Number 244 (Monday, December 21, 1998)]
[Rules and Regulations]
[Pages 70313-70316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33667]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 100, 101, 103, 204, 210, 211, 216, 245, 247, 264, 299,
316, 338, and 341
[INS No. 1896-97]
RIN 1115-AF01
Changing the Name of the Alien Registration Receipt Card to the
Permanent Resident Card (Form I-551)
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Immigration and Naturalization Service
(Service) regulations by revising the name of the Form I-551 from
``Alien
[[Page 70314]]
Registration Receipt Card'' to ``Permanent Resident Card.'' Although
known officially as the ``Alien Registration receipt Card,'' Form I-551
identifies the permanent resident status of the cardholder and is often
referred to as the ``Permanent Resident Card.'' Renaming the card the
``Permanent Resident Card'' allows the Service to officially adopt the
more accurate and convenient usage. To facilitate the name change, this
final rule allows the Service to continue using both valid versions of
the Form I-551 (titled ``Alien Registration Receipt Card'') while using
and referring to the new generation of the Form I-551, the ``Permanent
Resident Card.'' This is a change in name only and will not alter any
policy or procedures.
DATES: This final rule is effective January 20, 1999.
FOR FURTHER INFORMATION CONTACT:
Michael Valverde, Program Analyst, Adjudications Division, Residence
and Status, Immigration and Naturalization Service, Room 3214, 425 I
Street, NW., Washington, DC 20536, telephone (202) 514-2763.
SUPPLEMENTARY INFORMATION:
Background
On September 1, 1997, the Service began using the integrated Card
production System (ICPS) to produce the Permanent Resident Card,
previously known as the Alien Registration Receipt Card (ARC). As a
result, there now are two acceptable Forms I-551 with different titles
currently in use. Both of these forms with different titles will remain
valid until the ARC cards expire or are replaced.
Why Change the Name?
The Service renamed the card for convenience and usage. The Service
issues the Form I-551 card as evidence of the holding of status as a
permanent resident by a qualified noncitizen. Although the Form I-551
is known officially as the ``Alien Registration Receipt Card,'' it also
is referred to as the ``Permanent Resident Card.'' The Service renamed
the card to conform to this more accurate usage.
How Will the 8 CFR be Changed?
This rule amends the 8 CFR by revising the term ``Alien
Registration Receipt Card'' to read ``Permanent Resident Card'' where
appropriate. This rule does not affect or invalidate currently valid
versions of the Form I-551, nor does it make any changes in the
application procedure for a new cared. Until the ARCs are replaced or
expire, the term ``Permanent Resident Card'' will also mean ``Alien
Registration Receipt Card.''
What is the Service's Justification for Publishing This as a Final
Rule?
The Service's implementation of this rule as a final rule is based
upon the ``good cause'' exceptions found at 5 U.S.C. 553(b)(A), (B) and
(d)(3). The reason for this determination is that this rule pertains to
an agency practice and does not affect either the application or
adjudication procedures. It is administrative in nature and only
changes the name of the Form I-551.
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 because this rule only changes the name of Form I-551
from ``Alien Registration Receipt Card'' to ``Permanent Resident
Card.'' Current cardholders do not need to replace their card with the
new Form I-551 until their card expires. Moreover, all currently valid
Form I-551 versions will continue to satisfy the requirement for a
document under list ``A'' of the Employment Verification Eligibility
Worksheet (Form I-9). This rule does not affect small entities as that
term is defined in 5 U.S.C. 601(6).
Unfunded Mandates Reform Act of 1995
This final 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 one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
The final rule is not a major rule as defined by section 804 of the
Small Business Regulatory Enforcement Fairness 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 12988 Civil Justice Reform
This final rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.
Executive Order 12612
This 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 powers 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
8 CFR Part 100
Organization of functions (government agencies).
8 CFR Part 101
Immigration.
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(government agencies), Freedom of information, Privacy, Reporting and
recordkeeping requirements, Surety bonds.
8 CFR Part 204
Administrative practice and procedure, Immigration, Reporting and
recordkeeping requirements.
8 CFR Part 210
Aliens, Migrant labor, Reporting and recordkeeping requirements.
8 CFR Part 211
Immigration, Passports, and visas, Reporting and recordkeeping
requirements.
8 CFR Part 216
Administrative practice and procedure, Aliens.
8 CFR Part 245
Aliens, Immigration, Reporting and recordkeeping requirements.
[[Page 70315]]
8 CFR Part 247
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
8 CFR Part 264
Reporting and recordkeeping requirements.
8 CFR Part 299
Immigration, Reporting and recordkeeping requirements.
8 CFR Part 316
Citizenship and naturalization, Reporting and recordkeeping
requirements.
8 CFR Part 338
Citizenship and naturalization, Reporting and recordkeeping
requirements.
8 CFR Part 341
Citizenship and naturalization, Reporting and recordkeeping
requirements.
Accordingly, 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.
Sec. 100.4 [Amended]
2. In Sec. 100.4, paragraph (c)(2) introductory text is amended in
the fifth sentence by revising the phrase ``alien registration receipt
cards'' to read ``Permanent Resident Cards''.
PART 101--PRESUMPTION OF LAWFUL ADMISSION
3. The authority citation for part 101 continues to read as
follows:
Authority: 8 U.S.C. 1103, 8 CFR part 2.
Sec. 101.4 [Amended]
4. Section 101.4 is amended by revising the phrase ``an Alien
Registration Receipt Card'' to read ``a Permanent Resident Card''.
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF
SERVICE RECORDS
5. 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, 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.
Sec. 103.2 [Amended]
6. In Sec. 103.2, paragraph (b)(17) is amended in the second
sentence by revising the phrase ``Alien Registration Receipt Cards'' to
read ``Permanent Resident Cards''.
Sec. 103.21 [Amended]
7. In Sec. 103.21, paragraph (b)(1) is amended by revising the
phrase ``alien registration receipt card'' to read ``Permanent Resident
Card''.
PART 204--IMMIGRANT PETITIONS
8. The authority citation for part 204 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1151, 1153, 1154, 1182, 1186a,
1255; 8 CFR part 2.
Sec. 204.1 [Amended]
9. In Sec. 204.1, paragraph (g)(1)(vii) is amended in the first
sentence by revising the phrase ``Alien Registration Receipt Card'' to
read ``Permanent Resident Card''.
PART 210--SPECIAL AGRICULTURAL WORKERS
10. The authority citation for part 210 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1160, 8 CFR part 2.
Sec. 210.1 [Amended]
11. In Sec. 210.1, paragraph (b) is amended in the last sentence by
revising the phrase ``Form I-551 Alien Registration Receipt Card'' to
read ``Form I-551, Permanent Resident Card''.
Sec. 210.5 [Amended]
12. In Sec. 210.5, paragraph (b)(1) is amended in the first
sentence by revising the phrase ``Alien Registration Receipt Card'' to
read ``Permanent Resident Card''.
PART 211--DOCUMENTARY REQUIREMENTS: IMMIGRANTS; WAIVERS
13. The authority citation for part 211 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1181, 1182, 1203, 1225, 1227; 8
CFR part 2.
Sec. 211.1 [Amended]
14. In Sec. 211.1, paragraph (a)(2) is amended by revising the
phrase ``Alien Registration Receipt Card'' to read ``Permanent Resident
Card''.
15. In Sec. 211.1, paragraph (a)(5) is amended by revising the
phrase ``Alien Registration Receipt Card'' to read ``Permanent Resident
Card''.
16. In Sec. 211.1, paragraph (b)(3) is amended in the second
sentence by revising the phrase ``Alien Registration Receipt Card'' to
read ``Permanent Resident Card''.
Sec. 211.5 [Amended]
17. In Sec. 211.5, paragraph (c) is amended in the last sentence by
revising the phrase ``alien registration receipt card'' to read
``Permanent Resident Card''.
PART 216--CONDITIONAL BASIS OF LAWFUL PERMANENT RESIDENCE STATUS
18. The authority citation for part 216 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1154, 1184, 1186a, 1186b, and 8
CFR part 2.
Sec. 216.4 [Amended]
19. In Sec. 216.4, paragraph (d)(1) is amended by revising the
phrase ``Alien Registration Receipt Card'' to read ``Permanent Resident
Card'' wherever it appears in this paragraph.
20. In Sec. 216.4, paragraph (d)(2) is amended in the third
sentence by revising the phrase ``Alien Registration Receipt Card'' to
read ``Permanent Resident Card''.
Sec. 216.5 [Amended]
21. In Sec. 216.5, paragraph (f) is amended in the second sentence
by revising the phrase ``Alien Registration Receipt Card'' to read
``Permanent Resident Card''.
Sec. 216.6 [Amended]
22. In Sec. 216.6, paragraph (d)(1) is amended by revising the
phrase ``Alien Registration Receipt Card'' to read ``Permanent Resident
Card'' whenever it appears in this paragraph.
23. In Sec. 216.6, paragraph (d)(2) is amended in the third
sentence by revising the phrase ``Alien Registration Receipt Card'' to
read ``Permanent Resident Card''.
PART 245--ADJUSTMENT OF STATUS TO THAT OF PERSON ADMITTED FOR
PERMANENT RESIDENCE
24. The authority citation for part 245 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1255; 8 CFR part 2.
Sec. 245.2 [Amended]
25. In Sec. 245.2, paragraph (b) is amended in the second sentence
by revising the phrase ``Alien Registration Receipt Card'' to read
``Permanent Resident Card''.
PART 247--ADJUSTMENT OF STATUS OF CERTAIN RESIDENT ALIENS
26. The authority citation for part 247 is revised to read as
follows:
[[Page 70316]]
Authority: 8 U.S.C. 1101, 1103, and 1257.
Sec. 247.14 [Amended]
27. Section 247.14 is amended by revising the phrase ``alien-
registration receipt card'' to read ``Permanent Resident Card''.
PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES
28. The authority citation for part 264 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1201, 2101a, 1301-1305.
Sec. 264.1 [Amended]
29. In Sec. 264.1(b), the entry for the Form I-551 is amended by
revising the phrase ``Alien Registration Receipt Card'' to read
``Permanent Resident Card''.
Sec. 264.5 [Amended]
30. The heading for Sec. 264.5 is amended by revising the phrase
``Alien Registration Card'' to read ``Permanent Resident Card''.
31. In Sec. 264.5, paragraph (b) is amended in the introductory
text by revising the phrase ``alien registration card'' to read
``Permanent Resident Card''.
32. In Sec. 264.5, paragraph (c)(2) is amended by revising the
phrase ``alien registration card'' to read ``Permanent Resident Card''.
33. In Sec. 264.5, paragraph (e)(1)(ii) is amended by revising the
phrase ``Alien Registration Receipt Card'' to read ``Permanent Resident
Card''.
34. In Sec. 264.5, paragraph (g) is amended in the last sentence by
revising the phrase ``alien registration card'' to read ``Permanent
Resident Card''.
PART 299--IMMIGRATION FORMS
35. The authority citation for part 299 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2.
36. Section 299.1 is amended in the table by revising the entry for
the Form ``I-551'' to read as follows:
Sec. 299.1 Prescribed forms.
* * * * *
----------------------------------------------------------------------------------------------------------------
Form No. Edition date Title
----------------------------------------------------------------------------------------------------------------
* * * * * *
*
I-551............................... 05-01-97 Permanent Resident Card.
* * * * * *
*
----------------------------------------------------------------------------------------------------------------
PART 316--GENERAL REQUIREMENTS FOR NATURALIZATION
37. The authority citation for part 316 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1181, 1182, 1443, 1447; 8 CFR part 2.
Sec. 316.4 [Amended]
38. In Sec. 316.4, paragraph (a)(2) is amended by revising the
phrase ``(Alien Registration Receipt Card)'' to read ``(Permanent
Resident Card)''.
PART 338--CERTIFICATE OF NATURALIZATION
39. The authority citation for part 338 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1443.
Sec. 338.3 [Amended]
40. Section 338.3 is amended in the first sentence by revising the
phrase ``alien registration receipt card'' to read ``Permanent Resident
Card''.
PART 341--CERTIFICATES OF CITIZENSHIP
41. The authority citation for part 341 continues to read as
follows:
Authority: 66 Stat. 173, 238, 254, 264, as amended; 8 U.S.C.
1103, 1409(c), 1443, 1444, 1448, 1452, 1455; 8 CFR part 2.
Sec. 341.4 [Amended]
42. Section 341.4 is amended by revising the phrase ``alien
registration receipt cards in his possession'' to read ``permanent
resident cards in his or her possession''.
Dated: August 7, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 98-33667 Filed 12-18-98; 8:45 am]
BILLING CODE 4410-10-M
