Immigration: Aliens— 551),

[Federal Register: December 21, 1998 (Volume 63, Number 244)]

[Rules and Regulations]

[Page 70313-70316]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr21de98-3]

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.

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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. 98-33667Filed12-18-98; 8:45 am]

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