[Federal Register Volume 62, Number 75 (Friday, April 18, 1997)]
[Rules and Regulations]
[Pages 19024-19031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10119]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 287 and 299
[INS No. 1830-97]
RIN 1115-AE80
Establishment of Pre-enrolled Access Lane (PAL) Program at
Immigration and Naturalization Service Checkpoints
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Interim rule with request for comments.
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SUMMARY: This rule amends the Immigration and Naturalization Service
(Service) regulations by establishing a Pre-enrolled Access Lane (PAL)
program for the use of eligible persons and vehicles at Service
checkpoints within the United States. This rule is necessary to permit
the Service to facilitate passage through Service checkpoints while
safeguarding the integrity of law enforcement at the checkpoints.
DATES: This interim rule is effective April 18, 1997. Written comments
must be received on or before June 17, 1997.
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, Attn: Public Comment Clerk. To ensure proper handling, please
reference 1830-97 on your correspondence. Comments are available for
public inspection at this location by calling (202) 514-3048 to arrange
for an appointment.
FOR FURTHER INFORMATION CONTACT:
William Carter, U.S. Border Patrol, Immigration and Naturalization
Service, 415 I Street, NW., Room 4226, Washington, DC 20536, telephone
(202) 514-3072.
SUPPLEMENTARY INFORMATION: In the Fiscal Year 1996 Appropriations Act
for the Department of Justice, Congress required the Service to
establish a computer lane facilitation pilot program at the San
Clemente, California, checkpoint. See section 101 of Public Law 104-134
(April 26, 1996). The Service has determined that the Pre-enrolled
Access Lane (PAL) program implemented by this interim rule is the best
means of complying with this congressional mandate.
Under the PAL program, the Service may establish lanes at
checkpoints for pre-enrolled travelers, the use of which is restricted
to enrolled participants who the Service has determined present a low
risk of using the lane for unlawful purposes (and to passengers of such
enrolled participants). A person who wishes to become an enrolled
participant in the PAL program or to register a vehicle for use in the
lane will be required to apply to the Service by using Form I-866--
Application Checkpoint Pre-enrolled Access Lane. This program is wholly
voluntary, and failure to apply or denial of an application for the PAL
program in no way prevents a person from passing through any checkpoint
in the regular traffic lanes.
Prior to approval of any vehicle for use in the lane, the Service
may inspect such vehicle to ensure that it does not present evidence of
having been used or prepared to be used to smuggle aliens or drugs. An
electronic transmitter or other identifier may be affixed to vehicles
authorized for use in the lane. Prior to enrolling applicants to
participate in the PAL program, the Service will conduct appropriate
checks of immigration, law enforcement, and criminal history
information records and databases for information related to the
applicant and any vehicle he or she wishes to register. This check may
include submitting the applicant's fingerprints to appropriate law
enforcement agencies.
An authorized vehicle may not have access to a Pre-enrolled Access
Lane unless at least one person in the vehicle is an enrolled
participant in the PAL program and has specific authorization to use
that vehicle in the PAL. When using the PAL, an enrolled participant
may carry passengers who are not enrolled in the PAL, so long as all
passengers are United States citizens, lawful permanent residents of
the United States or rightful holders of valid nonimmigrant United
States visas. If an authorized vehicle is sold, stolen, or otherwise
disposed of, authorization to use that vehicle in the lane is
automatically revoked. Within 24 hours of when an authorized vehicle is
stolen, or within 7 days of when such vehicle is sold, or otherwise
disposed of or the license plates are changed, enrolled participants
must give, in person or by fax, written notice of such occurrence to
the PAL enrollment center at which their application was filed. If a
vehicle is sold or otherwise disposed of, it is the responsibility of
the enrolled participant to remove or obliterate any identifying decal
or other authorization for participation in the PAL program before or
at the time of sale or disposal unless otherwise notified by the
Service. If the Service installs an electronic transmitter or similar
device on the vehicle, the enrolled participant must have that device
removed by the Service at the PAL enrollment center.
Failure to comply with the terms and conditions established for use
of the lane may result in revocation of the privilege to participate in
the program. Unless revocation is automatic, the Service will give
written notice of revocation to the enrolled PAL participant or mail it
to his or her last known address. However, written notification is not
necessary prior to revocation of the privilege to participate in the
PAL program. All vehicles approved for use in the lane remain subject
to being stopped and occupants questioned during use of the lane in
order to ensure compliance with immigration and other applicable laws
and the conditions for use of the PAL.
Factors which the Service will consider in determining the
eligibility of an applicant to enroll in the Pre-enrolled Access Lane
program include, but are not limited to, lawful presence in the United
States, criminal history and/or evidence of criminality, employment,
residency, prior immigration history, possession of a valid driver's
license, vehicle type, registration, and inspection.
Good Cause Exception
The Service's implementation of this rule as an interim rule with
provisions for post-promulgation public comment is based upon the
``good cause'' exceptions to the normal notice and comment requirement
found at 5 U.S.C. 553 (b)(3)(B) and (d)(3). Immediate implementation of
this interim rule without prior notice and comment is necessary because
of a statutory requirement. In the Fiscal Year 1996 Appropriations Act,
Congress mandated that the Service establish a commuter lane
facilitation program at the San Clemente checkpoint within 90 days of
the passage of that Act. See section 101 of Public Law 104-134 (April
26, 1996). While the INS did initiate a commuter facilitation pilot
program by the
[[Page 19025]]
statutory deadline, the implementation of a fully operational commuter
lane facilitation program has required the construction of an
additional lane at the checkpoint as well as the development of a new
system for enrolling and monitoring individuals and vehicles who will
use the lane. Both construction and system development have required
considerable time. In communications between members of Congress and
the Attorney General, it was agreed that the newly constructed
dedicated commuter lane (referred to in this rule as the PAL) would be
in operation by June of 1997. In order to have a lane operational by
that date, the Service has determined that it needs to begin enrolling
participants in April of 1997, and the Service cannot begin the
enrollment process until this rule becomes effective. Compliance with
the normal notice and comment period would, therefore, make it
impossible for the Service to properly implement the PAL within the
time agreed upon with Congress and could put the Service in violation
of an express congressional mandate.
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 of the following factors. The rule applies to
individuals, not small entities, and provides a clear benefit to
participants by allowing expenditious passage through a checkpoint.
Participation in the PAL program is voluntary.
Executive Order 12866
This rule is 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. Accordingly, this rule has been submitted to the Office of
Management and Budget for review.
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 12988
This interim rule meets the applicable standards set forth in
sections 3(a) and 3(b)(2) of Executive Order 12988.
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
$100,000,000 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 Reform Act of
1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This rule is not a major rule as defined by Sec. 804 of the Small
Business Regulatory Enforcement Fairness Act of 1996. This rule will
not result in an annual effect on the economy of $100,000,000 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.
The information collection requirement contained in this rule has
been cleared by the Office of Management and Budget under the
provisions of the Paperwork Reduction Act. The clearance number for
this collection is contained in 8 CFR 299.5, Display of control
numbers.
List of Subjects
8 CFR Part 287
Immigration, Law enforcement officers.
8 CFR Part 299
Immigration, Reporting and recordkeeping requirements.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is amended as follows:
PART 287--FIELD OFFICERS; POWERS AND DUTIES
1. The authority citation for part 287 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1182, 1225, 1226, 1251, 1252, 1357; 8
CFR part 2.
Sec. 287.11 [Redesignated as Sec. 287.12]
2. Section 287.11 is redesignated as Sec. 287.12.
3. A new Sec. 287.11 is added to read as follows:
Sec. 287.11 Pre-enrolled Access Lane.
(a) Pre-enrolled Access Lane (PAL). A PAL is a designated traffic
lane located at a Service checkpoint, which, when in operation, may be
used exclusively by enrolled participants and their passengers in
vehicles authorized by the Service to pass through the checkpoint.
(b) General requirements for Pre-enrolled Access Lane Program. (1)
Participation in the Pre-enrolled Access Lane program is wholly
voluntary and failure to apply or denial of an application does not
prevent any person from passing through the checkpoint in the regular
traffic lanes.
(2) Only United States citizens and members of the classes of
aliens which the Commissioner of the Service or her delegates determine
to be eligible may enroll in the PAL program. To participate in the PAL
program, an applicant must have a permanent or temporary residence in
the United States, and must agree to furnish all information requested
on the application.
(3) The applicant must agree to all terms and conditions required
for use of a Pre-enrolled Access Lane. Immigration, criminal justice
information, and law enforcement records and databases will be checked
to assist in determining the applicant's eligibility. The Service may
require applicants to submit fingerprints, and the Service may provide
those fingerprints to Federal, State, and local government agencies for
the purpose of determining eligibility to participate in the PAL
program.
(4) Any vehicle used in a Pre-enrolled Access Lane must have
current approval from the Service for use in the PAL program.
(5) Enrolled participants may be issued an identification document
showing authorization to participate in the PAL program, and, if such a
document is issued, participants must have it in their possession
whenever using the PAL. In addition, alien participants must be in
possession of a valid form constituting evidence of alien registration
pursuant to Sec. 264.1(b) of this chapter at all times while using the
PAL.
(6) The Service will install any and all equipment, decals,
devices, technology, or methodology it deems necessary on registered
vehicles to ensure that only authorized persons and vehicles use the
PAL.
(7) All devices, decals, or other equipment, methodology, or
technology used to identify persons or vehicles using a Pre-enrolled
Access Lane remain the property of the United States Government at all
times and must be
[[Page 19026]]
surrendered upon request of the Service. Enrolled participants must
abide by the terms set forth by the Service for use of any device,
decal, or other equipment, methodology, or technology. If a vehicle is
sold or otherwise disposed of, it is the responsibility of the enrolled
participant to remove or obliterate any identifying decal or other
authorization for participation in the PAL program before or at the
time of sale or disposal unless otherwise notified by the Service. If
the Service installs an electronic transmitter or similar device on the
vehicle, the enrolled participant must have that device removed by the
Service at the PAL enrollment center prior to sale or disposal of an
authorized vehicle.
(8) Enrolled participants in the PAL program may carry passengers
who are not enrolled in the program in their authorized vehicles in the
PAL as long as all passengers are United States citizens, lawful
permanent residents of the United States, or rightful holders of valid
nonimmigrant United States visas.
(c) Application. (1) Application for Pre-enrolled Access Lane
participation shall be made on Form I-866, Application--Checkpoint Pre-
enrolled Access Lane.
(2) Each person wishing to enroll in the Pre-enrolled Access Lane
program must submit a separate application.
(3) Applications must be supported by documents establishing
identity, United States citizenship or lawful immigration status in the
United States, a valid driver's license, and vehicle registration for
all vehicles being registered. The Service may require additional
documentation where appropriate to substantiate information provided on
the application, as well as written permission from the vehicle owner
to use any vehicle not owned by the applicant in the PAL.
(4) Each person filing an application may be required to present
himself or herself for an interview at a time and place designated by
the Service prior to approval of the application.
(5) The Service may inspect any vehicle that a PAL applicant
desires to register for use in the PAL to ensure that it does not
present evidence of having been used or prepared to be used to smuggle
aliens or controlled substances, and the Service must approve all
vehicles prior to use in the PAL. The Service may prohibit the use of
certain types of vehicles in the PAL for reasons of safety and law
enforcement.
(6) An application may be denied by the Chief Patrol Agent having
jurisdiction over the PAL enrollment center where the application is
filed. Written notice of the decision on the application shall be given
to the applicant or mailed by ordinary mail to the applicant's last
known address. There is no appeal from a denial, but denial is without
prejudice to reapplying for this program. Re-applications following
denial or revocation of the privilege to participate in the PAL program
will not be considered by the Service until 90 days after the date of
denial or revocation.
(7) Registration in the PAL program is limited to individuals who
the Service has determined present a low risk of using the PAL for
unlawful purposes. Criteria that will be considered in the decision to
approve or deny the application include the following: lawful presence
in the United States, criminal history and/or evidence of criminality,
employment, residency, prior immigration history, possession of a valid
driver's license, vehicle type, registration, and inspection.
(8) Applications approved by the Service will entitle the
authorized person and the authorized vehicle to use the PAL for 2 years
from the date of approval of the application or until authorization is
revoked, whichever occurs first.
(d) Acknowledgments and agreements. By signing and submitting the
Form I-866 each applicant acknowledges and agrees to all of the
conditions for participation in the PAL program and the statements on
the Form I-866.
(e) Violation of conditions of a Pre-enrolled Access Lane and
Revocation. An enrolled participant who violates any condition of the
PAL program, or any applicable law or regulation, or who is otherwise
determined by an immigration officer to be ineligible to participate in
the PAL program, may have his or her authorization and the
authorization of his or her vehicle(s) revoked by the Chief Patrol
Agent with jurisdiction over the PAL enrollment center where the
application is filed and may be subject to other applicable sanctions,
such as criminal and/or civil penalties, removal, and/or possible
seizure of goods and/or vehicles. If an authorized vehicle is sold,
stolen, or otherwise disposed of, authorization to use that vehicle in
the PAL is automatically revoked. Within 24 hours of when an authorized
vehicle is stolen, or within 7 days of when such vehicle is sold, or
otherwise disposed of or the license plates are changed, enrolled
participants must give, in person or by facsimile transmission, written
notice of such occurrence to the PAL enrollment center at which their
application was filed. Failure to do so will result in the automatic
revocation of the authorization to use the PAL of the person who
registered such vehicle in the PAL program. Unless revocation is
automatic, the Service will give notice of revocation to the enrolled
PAL participant or mail it by ordinary mail to his or her last known
address. However, written notification is not necessary prior to
revocation of the privilege to participate in the PAL program. There is
no appeal from the revocation of an authorization to participate in the
PAL program.
(f) No benefits or rights conferred. This section does not, is not
intended to, shall not be construed to, and may not be relied upon to
confer any immigration benefit or status to any alien or create any
rights, substantive or procedural, enforceable in law or equity by any
party in any matter.
PART 299--IMMIGRATION FORMS
4. The authority citation for part 299 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2.
5. Section 299.1 is amended by adding the entry for Form ``I-866''
to the listing of forms, in proper numerical sequence, to read as
follows:
Sec. 299.1 Prescribed forms.
* * * * *
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Edition
Form No. date Title
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* * * * *
I-866............................... 4-15-97 Application--Checkpoint
Pre-enrolled Access
Lane.
* * * * *
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6. Section 299.5 is amended by adding the entry for the Form ``I-
866'' to the listing of forms, in proper numerical sequence, to read as
follows:
Sec. 299.5 Display of control numbers.
* * * * *
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Currently
assigned
INS form No. INS form title OMB control
No.
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* * * * *
I-866................ Application--Checkpoin 1115-0210
t Pre-enrolled Access
Lane.
* * * * *
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[[Page 19027]]
Dated: March 17, 1997.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
Note: This appendix will not appear in the Code of Federal
Regulations. Appendix to the preamble--Form I-866, Application--
Checkpoint Pre-enrolled Access Lane.
BILLING CODE 4410-10-M
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[FR Doc. 97-10119 Filed 4-17-97; 8:45 am]
BILLING CODE 4410-10-C
