Removal of Form I-151, Alien Registration Receipt Card, From the Listing of Forms Recognized as Evidence of Registration for Lawful Permanent Resident Aliens

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 264

[INS No. 1686-95]

RIN 1115-AD87

Removal of Form I-151, Alien Registration Receipt Card, From the

Listing of Forms Recognized as Evidence of Registration for Lawful

Permanent Resident Aliens

agency: Immigration and Naturalization Service, Justice.

action: Proposed rule.

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

summary: This proposed rule would amend the Immigration and

Naturalization Service (``the Service'') regulations by removing Form

I-151, Alien Registration Receipt Card, from the listing of forms

recognized as evidence of registration as a lawful permanent resident

alien. This rule is necessary to complete the establishment of the

current Alien Registration Receipt Card, Form I-551, as the exclusive

alien registration receipt card for use by permanent resident aliens.

dates: Written comments must be submitted on or before July 24, 1995.

addresses: Please submit written comments, in triplicate, to the

Director, Policy Directives and Instructions, Immigration and

Naturalization Service, 425 I Street, NW., Room 5307, Washington, DC

20536, Attn: Public Comment Clerk. To ensure proper handling, please

reference INS No. 1686-95 on your correspondence. Comments are

available for public inspection at this location by calling (202) 514-

3048 to arrange an appointment.

for further information contact: Gerard Casale, Senior Adjudications

Officer, Immigration and Naturalization Service, Room 3214, 425 I

Street NW., Washington, DC 20536, telephone (202) 514-5014.

SUPPLEMENTARY INFORMATION:

Background

On September 20, 1993, the Service published a final rule in the

Federal Register at 58 FR 48775-48780, establishing the Form I-551,

Alien Registration Receipt Card, as the exclusive form of registration

for lawful permanent resident aliens, by terminating the validity of

the old Form I-151, Alien Registration Receipt Card. In addition, the

final rule provided the procedures by which a lawful permanent resident

alien in possession of a Form I-151 or a prior alien registration

document, such as the Form AR-3 or AR-103, could replace these

documents with the current Form I-551. The final rule provided that the

amendments to 8 CFR part 264 concerning the procedures for applying for

a replacement card became effective on October 20, 1993.The final rule

also provided that the effective date for the removal of references to

the Form I-151 from 8 CFR parts 204, 211, 223, 223a, 235, 251, 252,

247a, 299, 316, and 334 would be September 20, 1994. On September 14,

1994, the Service published a final rule at 59 FR 47063, delaying the

effective date of the amendments to 8 CFR parts 204, 211, 223, 235,

251, 252, 247a. 299, 316, and 334, from September 20,1994, until March

20, 1995. On March 17, 1995, a final rule was published in the Federal

Register at 60 FR 14353, further delaying the effective date of the

amendments to 8 CFR parts 204, 211, 235, 251, 252, 274a, 299, 316, and

334, from March 20, 1995, until March 20, 1996.

Removal of Form I-151 From the List of Prescribed Service Forms

The Service's reasons for terminating the validity of the Form I-

151, Alien Registration Receipt Card have been discussed in detail in

the previous notice of proposed rulemaking published on May 28, 1993,

at 58 FR 31000-31003, and in the final rulemaking published on

September 20, 1993, at 58 FR 48775-48780, which considered and

addressed the public comments received. These rulemakings advised the

public of the Service's conclusion that the current Form I-551 Alien

Registration Receipt Card must be established as the exclusive Alien

Registration Receipt card because ``it is no longer sound public policy

to recognize Alien Registration Receipt Cards that predate the use of

the Form I-551.'' 58 FR 48775 (September 20, 1993).

In the course of that rulemaking process, however, the intended

removal of Form I-151 from the list of prescribed Service forms in 8

CFR 264.1(b) was inadvertently omitted. By removing the Form I-151 from

that list, the proposed rule would correct that previous omission and

complete the I-151 card replacement program's declared objective of

establishing the current Form I-551 as the sole Alien Registration

Receipt Card recognized by the Service. The Service intends that this

rule, if adopted, would take effect on March 20, 1996, the date on

which the validity of the old Form I-151 Alien Registration Receipt

Card will terminate under the final rule published March 17, 1995, at

60 FR 14353. By taking effect upon the same date, the proposed rule

would preclude any discrepancy or confusion over the effective date on

which the validity of the old cards will terminate.

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 adverse economic impact on a substantial

number of small entities because of the following factors. The

provisions of this rule merely clarify the requirements of existing

regulations concerning documentation of lawful permanent resident

aliens. As such, the new provisions have no significant adverse

economic impact on the small entities.

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 regulations proposed 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 12606

The Commissioner of the Immigration and Naturalization Service

certifies that she has assessed this rule in light of the criteria in

Executive Order 12606 and has determined that this regulation will not

have an impact on family well-being.

List of Subjects in 8 CFR Part 264

Aliens, Reporting and recordkeeping requirements.

Accordingly, part 264 of chapter I of title 8 of the Code of

Federal Regulations is proposed to be amended as follows:

PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED

STATES

1. The authority citation for part 264 continues to read as

follows:

Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.

Sec. 264.1 [Amended]

2. In Sec. 264.1, paragraph (b) is amended by removing the Form

Number and Class reference to Form ``I-151'' from the listing of forms.

Dated: April 12, 1995.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 95-12717 Filed 5-23-95; 8:45 am]

BILLING CODE 4410-10-M