[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Rules and Regulations]
[Pages 36559-36561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17101]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules
and Regulations
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 235
[INS No. 1796-96]
RIN 1115-AE53
Canadian Border Boat Landing Program
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Final rule.
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SUMMARY: Immigration and Naturalization Service (Service) published an
interim rule in the Federal Register on September 11, 1997, which
amended the regulations to clarify and standardize procedures for the
application, issuance, and use of Form I-68, Canadian Border Boat
Landing Card. This rule adopts the interim rule as final with two minor
changes. The first change clarifies that a Visa Waiver Pilot Program
(VWPP) national participating in the I-68 program need not obtain or
have a visa, provided that he or she is in possession of a valid
unexpired I-94W and the Form I-68. This change is consistent with the
requirements for entry into the United States by a VWPP participant.
The second change provides that the Form I-68 is valid for 1 year
regardless of the length of validity of an applicant's Form I-94 or I-
94W.
DATES: This final rule is effective August 6, 1999.
FOR FURTHER INFORMATION CONTACT:
Jennifer Sava, Assistant Chief Inspector, Inspections Division,
Immigration and Naturalization Service, 425 I Street, NW, Room 4057,
Washington, DC 20536, telephone (202) 307-1942.
SUPPLEMENTARY INFORMATION:
Background
In general, the Service regulations at 8 CFR 235.1(a) require that
an application for entry into the United States must be made in person
to an Immigration Officer at a U.S. port-of-entry (POE) at a time when
the port is open for inspection. However, 8 CFR 235.1(e) provides an
exception to this requirement by providing for participation in the
Canadian Border Boat Landing Permit (I-68) program, which allows
certain persons who enter the United States by small boat to be
inspected once per year, and thereafter enter from time to time for
recreational purposes without further inspection.
On August 7, 1995, the Service published a final rule in the
Federal Register at 60 FR 40064, establishing a fee of $16 per
individual with a family cap of $32 for applying to participate in the
I-68 program. A family was described in that rule as a husband, wife,
unmarried children under 21 years of age, and the parents of either
husband or wife residing at the same address.
During the past several years, members of the boating community and
members of Congress have expressed concern regarding the I-68 program.
Specifically, they were concerned that the enrollment and enforcement
criteria and procedures vary from district office to district office
and that the permit is sometimes difficult to obtain. The imposition of
a fee for the permit also sparked concern.
In an effort to improve the I-68 program, the Service met with
members of the boating community, other Federal inspection and
enforcement agencies, congressional staffers, and representatives of
the Canadian Government on August 13, 1996, in Alexandra, Virginia.
Numerous suggestions for improving the program were received and were
incorporated into an interim rule that was published in the Federal
Register on September 11, 1997, at 62 FR 47749.
The interim rule amended the regulations to allow:
(1) Boaters to enter the United States for pleasure for brief
visits which do not exceed 72 hours in duration to travel within 25
miles of the shoreline area along the northern border of the United
States.
(2) Persons who are renewing a valid permit to do so by mail;
(30 Persons who are enrolled in one of the Service's Alternative
Inspection programs to be automatically included in the I-68 program
without requiring an additional application or fee; and
(4) The inclusion in the program of landed immigrants of Canada,
who are not citizens of British Commonwealth Countries, provided they
are nationals of a country designated for participation in the VWPP and
are in possession of a valid, unexpired passport issued by their
country of nationality, an unexpired United States visa, and a valid
multiple entry 1-94 to the United States.
The interim rule included a request for comments by November 10,
1997. The Service received one response concerning several issues in
the interim rule. The following is a discussion of the comment and the
Service's response.
Discussion of Comment
Fees
The commenter wanted to abandon the cost associated with obtaining
the Form I-68. Under the Federal User Fee Statute, 31 U.S.C. 9701, and
the Office of Management and Budget Circular A-25, User Charges,
reasonable charges should be imposed to recover the full cost to the
Federal Government of rendering certain services that provide a
specific benefit to the recipient of those services. Accordingly, the
fee for the I-68 will be retained in the final rule.
Difficulty in Obtaining Permit
The commenter states that obtaining the permit is difficult. The
Service disagrees. Each boating season, in order to make this benefit
easily available, inspectors travel to boat shows, marinas, and other
gatherings to issue the Form I-68. In addition, the Service's districts
mount publicity campaigns to educate boaters about these requirements.
The Service has further reduced this burden by allowing a person to
renew a valid permit by mail. Application forms are available by mail
to the public. Applicants may call 1-800-870-3676 to obtain Form I-68.
The I-68 application forms are also available at the INS Home Page on
the World Wide Web at http://www.ins.usdoj.gov. Further, the Service
has reduced the burden on the public by considering those persons who
are enrolled in one of the Service's Alternative Inspections programs
such
[[Page 36560]]
as the Immigration and Naturalization Service's Passenger Accelerated
Service System (INSPASS), the Dedicated Commuter Lane (DCL), or an
Automated Permit Port (APP) program to be automatically included in the
I-68 program without requiring an additional application or fee.
Using a Cost-Free Telephone Reporting Requirement
The commenter also suggested the use of a cost-free telephone
reporting system for boaters entering the United States. Telephonic
inspections, which are allowed by Customs Service regulations to
satisfy their reporting requirements, are not authorized by Service
Regulations. The Service requires that every person entering the United
States must be inspected in a manner that includes face-to-face
interaction with an immigration officer or verification of biometric
information of the applicant for admission. The Service has developed a
videophone reporting system which meets these requirements that may
serve as an alternative to the I-68 program. The purpose of the
videophone inspection program is to facilitate international border
crossing by providing a convenient and cost effective means of
reporting to the Service. The Service has implemented videophones at
several sites in New York, Michigan, Ohio, and Pennsylvania. The
Service may consider expansion to other sites after this reporting
system for boaters is evaluated, and if it is shown to be efficient.
Changes in the Final Rule
In reviewing the interim rule, the Service has determined that the
requirement that I-68 program participants who do not share a common
nationality with Canadian nationals, but who are nationals of
designated VWPP countries, must have a unexpired visa, is not
consistent with the general admission requirements for VWPP nationals
seeking admission into the United States as VMPP participants. The VWPP
allows nationals from designated countries, who are otherwise
admissible, to visit the United States for up to 90 days for business
or pleasure without obtaining a nonimmigrant visa. To be eligible to
participate in the I-68 program as a landed Canadian immigrant who is
also a VWPP national, the alien must first apply for admission as a
VWPP alien at a designed 24/hour staffed Class A POE. If admitted to
the United States under the VWPP at a land border POE, the alien will
be issued a multiple entry, arrival/departure Form I-94W. At any time
during the 90-day validity period of the I-94W, the VWPP national may
enter the United States pursuant to the Canadian Boat Landing Program
provided that he or she is in possession of the valid, endorsed,
unexpired I-94W, as well the Form I-68. The interim rule stated that
Form I-68 shall not be valid for a period longer than the validity of
the applicant's Form I-94. The final rule has been amended, however, to
state that Form I-68 is valid for 1 year in all cases. It should be
noted that once the Form I-94 or I-94W expires, the applicant must once
again formally apply for admission at a staffed Class A POE.
Alternatively, a landed immigrant of Canada who is a national of a
VWPP country may apply for a nonimmigrant visa, such as a B-2 which is
issued to temporary visitors for pleasure, rather than apply for
admission under the VWPP. The visa, if approved, would authorize a
period of stay in the United States longer than that allowed under the
VWPP. Such an alien may participate in the Canadian Boat Landing
Program provided that he or she is in possession of the unexpired visa,
a valid Form I-94, and a Form I-68 upon each subsequent entry under the
program.
Accordingly, the final regulation has been amended to clarify that
an I-68 participant who is a VWPP national, but who was not previously
admitted under the VWPP and issued a multiple entry I-94W, must be in
possession of a non-immigrant visa each time he or she uses the
Canadian Boat Landing Program to enter the United States. Regardless of
whether such a landed immigrant has been admitted via the VWPP or on a
nonimmigrant visa, he or she must be in possession of a Form I-68,
valid passport, and a valid, unexpired multiple entry Form I-94 or I-
94W.
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. This rule merely finalizes an interim rule which was
published in the Federal Register on September 11, 1997. The interim
rule was developed and issued after the Service conducted meetings with
members of the boating community, other Federal inspection and
enforcement agencies, congressional staffers, and representatives of
the Canadian Government. The intent of the interim and this final rule
are to simplify the application process, and standardize the issuance
and use of Form I-68. This final rule imposes no additional burden on
applicants or 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 12988 Civil Justice Reform
This 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
million or more in any 1 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 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.
Paperwork Reduction Act
This rule does not impose any new reporting or recordkeeping
[[Page 36561]]
requirements. This information collection (Form I-68) was previously
approved for use by the Office of Management and Budget (OMB) under the
OMB control number 1115-0065.
List of Subjects in 8 CFR Part 235
Administrative practice and procedure, Aliens, Immigration,
Passports and visas.
Accordingly, the interim rule amending 8 CFR part 235 which was
published at 62 FR 47749 on September 11, 1997, is adopted as a final
rule with the following changes:
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION
1. The authority citation for part 235 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1183, 1201, 1224, 1225,
1226, 1227, 1228, 1252; 8 CFR part 2.
2. Section 235.1 is amended by:
a. Revising the third sentence in paragraph (e) introductory text;
b. Revising paragraph (e)(1)(v);
c. Revising paragraph (e)(4); and by
d. Revising paragraph (e)(5)(ii), to read as follows:
Sec. 235.1 Scope of examination.
* * * * *
(e) * * * Landed immigrants of Canada who do not share a common
nationality with nationals of Canada, but who are nationals of a
designated country listed in Sec. 217.2(a) of this chapter (Visa Waiver
Pilot Program) must be in possession of a valid, unexpired passport
issued by his or her country of nationality, and an unexpired multiple
entry Form I-94 or I-94W, Nonimmigrant Visa Waiver Arrival/Departure
Form, and a valid unexpired United States visa (if the alien is not in
possession of a valid unexpired Form I-94W). * * *
(1) * * *
(v) A landed immigrant of Canada who does not have a common
nationality with nationals of Canada, but who is a national of a
designated country listed in Sec. 217.2(a) of this chapter (Visa Waiver
Pilot Program) must also present his or her passport, a valid unexpired
multiple entry Form I-94 or I-94W and valid, unexpired nonimmigrant
visa if he or she is not in possession of a valid, unexpired multiple
entry Form I-94W. Such a landed immigrant of Canada may apply for
admission simultaneously with the I-68 application and thereby obtain a
Form I-94 or I-94W.
* * * * *
(4) Validity. Form I-68 shall be valid for 1 year from the date of
issuance, or until revoked or violated by the Service.
(5) * * *
(ii) Participants must be in possession of any authorization
documents issued for participation in this program or another Service
Alternative Inspections program (INSPASS or PORTPASS). Participants
over the age of 15 years and who are not in possession of an INSPASS or
PORTPASS enrollment card must also be in possession of a photographic
identification document issued by a governmental agency. Participants
who are landed immigrants of Canada and do not have a common
nationality with nationals of Canada, but who are nationals of a
designated country listed in Sec. 217.2(a) of this chapter must also be
in possession of proper documentation as described in paragraph (e) of
this section.
* * * * *
Dated: June 30, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-17101 Filed 7-6-99; 8:45 am]
BILLING CODE 4410-10-M
