[Federal Register Volume 59, Number 70 (Tuesday, April 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8717]
[[Page Unknown]]
[Federal Register: April 12, 1994]
VOL. 59, NO. 70
Tuesday, April 12, 1994
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Parts 103, 212, 217, 235, 264 and 286
[INS No. 1603-93]
RIN 1115-AD30
Charging of Fees for Services at Land Border Ports-of-Entry
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule proposes to amend the regulations to allow the
Immigration and Naturalization Service (the Service) to charge a fee
for the processing and issuance of specified documents at land border
Ports-of-Entry (POEs). Consistent with Federal user fee statutes and
regulations, the Service has identified services that are currently
provided free of charge and for which it would be appropriate to impose
a fee. The revenue generated by the collection of fees for these
application processing services will enable the Service to improve
service to the public at land border POEs.
DATES: Written comments must be submitted on or before June 13, 1994.
ADDRESSES: Please submit written comments, in triplicate, to the
Records Systems Division, Director, Policy Directives and Instructions
Branch, Immigration and Naturalization Service, 425 I Street NW., room
5307, Washington, DC 20536. Please include INS number 1603-93 on the
mailing envelope to ensure proper and timely handling.
FOR FURTHER INFORMATION CONTACT:
Linda Loveless, Assistant Chief Inspector, Inspections Division,
Immigration and Naturalization Service, 425 I Street NW., room 7228,
Washington, DC 20536, telephone (202) 616-7489.
SUPPLEMENTARY INFORMATION: Traffic at land border POEs has continued to
increase dramatically in recent years. During FY 1992, Immigration and
Customs inspectors at land border ports completed more than 475 million
inspections, representing an increase of over 50 million more
inspections than were completed in FY 1991. This growth in transborder
traffic has made it increasingly difficult to provide expeditious
service to the traveling public. Immigration laws require that all
applicants-for-admission at land border POEs undergo a brief interview
and preliminary screening in a primary vehicle or pedestrian lane.
Those found admissible are allowed to proceed without further delay.
Persons who do not appear to be immediately admissible, or who require
further processing or documentation, are referred for a secondary
inspection. Activities directly related to secondary inspection
include, among other duties, examining documents, conducting record
checks, and issuing permits for extended stays in the United States.
Additionally, those submitting applications for benefits, such as
border crossing cards and boating permits, often require extensive
interviews, as well as record checks, document production, and other
time-consuming paperwork.
Currently, appropriated funds are the major source of funding for
the staffing of land border POEs. This funding has not kept pace with
the increased workload at land border locations. Despite the increase
in traffic affecting inspection services, and resulting new
construction needed to expand the capacity of many land border POEs, no
substantial increase in appropriated fund has been received for land
border positions within the last ten years.
The Service has sought to identify those services that are
currently provided free of charge for which it would be appropriate to
impose a fee. Generation of sufficient revenue to recover the costs of
providing specific services, such as document-processing, is consistent
with the Federal user fee statute (31 U.S.C. 9701) and regulations
which require that recipients of special benefits bear the costs of
providing those services. The Office of Management and Budget (OMB)
Circular A-25, User Charges, states as a general policy that reasonable
charges should be imposed to recover the full cost to the Federal
government of rendering such services. The specific application-
processing services provided by the Service in secondary inspection at
land border POEs result in the issuance of documents that are
beneficial to the specific user. Therefore, it is appropriate that fees
be charged to these users.
This rule proposes to permit the Service to impose a fee at land
border POEs for the processing of Form I-94, Arrival/Departure Record,
and I-94W, Nonimmigrant Visa Waiver Arrival/Departure Form; Form I-444,
Mexican Border Visitors Permit; Form I-68, Canadian Border Boat Landing
Permit; Form I-175, Application for Nonresident Alien Canadian Border
Crossing Card for issuance of Form I-185, Nonresident Alien Canadian
Border Crossing Card; and Form I-190, Application for Nonresident Alien
Mexican Border Crossing Card, to replace a lost, stolen, or mutilated
Nonresident Alien Border Crossing Card, Form I-586.
Prior to development of this proposal, the total cost of providing
these specific services to the public was included as part of the total
Service budget and was not separately identified. The fees proposed in
this rule were determined by an analysis of document-processing
services and associated costs, and are calculated to recover the direct
and indirect costs to the government of providing these special
services and benefits. As the Service collects more detailed
information related to providing these specific services, refinements
to the cost base may be necessary.
These services and processes include, among other things,
interviewing applicants, determining validity of documents, conducting
background checks, verifying information, providing assistance to
complete application forms, issuing the appropriate documents, and the
administrative and support activities associated with providing these
services.
The appropriate fee for each application was primarily based on an
assessment of the amount of inspector direct labor devoted to
processing each type of application. To arrive at this assessment, the
Inspections Program obtained work hour information directly from
various INS field offices. The estimate derived from this survey was
then applied to the estimated volume of each type of application to
determine the total estimated inspector direct labor required for each
application. The number of supervisory inspector hours required was
determined by applying a standard ratio to the inspector direct labor
estimate. Resource levels for training, management, and administrative
support were determined based on the current ratio of these functions
to the areas to which they normally provide support. The associated
costs were calculated based on the level of support that would be
required to process each application. Other identifiable costs related
to a specific application, such as card production costs, were
calculated and applied to the specific application.
With the increase in transborder traffic, the demand for additional
resources at land border POEs has become critical. The collection of
fees will allow the Service to support the secondary application-
processing services provided at land border POEs without depending on
appropriated resources. Unlike appropriated funding, fluctuations in
fee revenues will correspond directly to fluctuations in workload.
Consequently, in the event workload increases, the level of fee
resources available to fund the processing of applications would
increase commensurately. It is anticipated that the imposition of the
fee-for-service charge will enable the Service to improve inspection
services at the land border. Once the fee revenues are available,
appropriated resources formerly allocated to provide these services may
be redirected to augment staffing of vehicle and pedestrian traffic
lanes. The resulting benefit would be improved facilitation of traffic
through the POE.
The specific forms for which fees are being proposed are as
follows:
Forms I-94 and I-94W are issued to record the entry of many
nonimmigrant aliens and serve as a form of alien registration. These
forms document the benefits of admission and permit the alien to travel
anywhere within the United States for a designated purpose and period
of time. Payment of a fee will not be required when an I-94 is issued
for the purpose of paroling an alien into the United States.
Form I-44 is issued in conjunction with presentation of a
Nonresident Alien Border Crossing Card (BCC) or nonimmigrant visitor's
visa by a Mexican national requesting entry as a visitor for business
or pleasure (B-1/B-2). This form is issued in lieu of, and serves a
similar purpose to, Form I-94, and is issued only to Mexican nationals
when they are traveling to the five-border-state area of Arizona,
California, Nevada, New Mexico, or Texas for a period not to exceed 30
days. Current procedure allows the inclusion of several persons on one
Form I-444. The proposed regulation will require a separate form with
fee for each individual; however, there is a family fee cap applicable
to a husband, wife, and minor children under 18 years of age.
Form I-68 may be issued to eligible United States and Canadian
citizens and residents to allow pleasure boaters, who have been
previously inspected and issued the form, to enter the United States by
small boat from Canada without the necessity of reporting for
inspection upon each entry. Considerable personnel resources and work
hours are spent each year in its issuance, including record checks and
INS outreach activities at boat shows, recreational clubs, and other
similar gatherings to facilitate registration in the program. This rule
also provides for the issuance of a Form I-68 for each individual,
rather than for each family group, although a family fee cap is
applicable to a husband, wife, and minor children under 18 years of
age.
Form I-185 (CBCC) is issued to Canadian citizens or lawful
permanent residents of Canada having a common nationality with Canada
and is intended to facilitate the entry of those individuals into the
United States. Since these groups are automatically waived passport and
visa requirements when crossing the border into the United States, Form
I-185 is normally issued in conjunction with an approved waiver of
excludability pursuant to section 212(d)(3)(B) of the Act. Form I-185
therefore serves as evidence of a long-term waiver of inadmissibility
for the holder of the document. Currently, no fee is charged for this
benefit, although each application requires substantial time to
adjudicate and provides a clear benefit to the applicant by eliminating
the need for a yearly waiver application.
Form I-586 (BCC), and its former version Form I-186, offer the same
privileges as the B-1/B-2 visa. The issuance of BCCs is a benefit which
the Service performs voluntarily. No law or regulation requires the
Service to issue this document, which is an extremely desirable benefit
to many Mexican nationals. Possession of the BCC allows access to the
area within 25 miles of the border for periods not to exceed 72 hours
without the need for further documentation upon each entry. With the
issuance of other documentation, the BCC also allows travel to all
parts of the United States without the need to obtain a nonimmigrant
visa and passport. The existing Agreement on Passports/Visas (Treaty)
between the United States and Mexico currently prohibits charging a fee
for the initial issuance of a BCC. However, the treaty does not
specifically preclude charging a fee for replacement cards. The
application process for replacement is identical to the application for
initial issuance, placing a significant demand on personnel resources.
Institution of a fee for the application for issuance of a replacement
Form I-586 will help to make the process financially self-supporting
and substantially expedite issuance of the card.
In accordance with 5 U.S.C. 605(b), the Commissioner of the
Immigration and Naturalization Service certifies that this rule will
not have a significant adverse economic impact on a substantial number
of small entities. The fees proposed in this rule, calculated to cover
only the costs of providing the service, are nominal, and will apply
only to individuals, not small entities. This rule is not significant
within the meaning of section 3(f) of Executive Order 12866, nor does
this rule have Federalism implications warranting the preparation of a
Federalism Assessment in accordance with Executive Order 12612.
The information collection requirements contained in this rule have
been cleared by the Office of Management and Budget under the
provisions of the Paperwork Reduction Act. Clearance numbers for these
collections are contained in 8 CFR 299.5, Display of Control Numbers.
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Aliens, Authority delegation
(Government agencies), Fees, Forms.
8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas.
8 CFR Part 217
Aliens, Passports and visas.
8 CFR Part 235
Administrative practice and procedure, Aliens, Immigration,
Passports and visas, Port-of-entry.
8 CFR Part 264
Aliens, Reporting and recordkeeping requirements.
8 CFR Part 286
Fees, Immigration, Reporting and recordkeeping requirements.
Accordingly, chapter I of title 8 of the Code of Federal
Regulations is proposed to be amended as follows:
PART 103--POWERS AND DUTIES OF SERVICE OFFICERS; AVAILABILITY OF
SERVICE RECORDS
1. 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.
2. In Sec. 103.7, paragraph (b)(1) is amended by adding, in proper
numerical sequence, the following forms to the list of forms, to read
as follows:
Sec. 103.7 Fees.
(b) * * *
(1) * * *
Form I-68. For application for issuance of the Canadian Border Boat
Landing Permit under section 235 of the Act--$16.00. The maximum amount
payable by a family (husband, wife, and any minor children under 18
years of age) shall be $32.00.
* * * * *
Form I-94. For issuance of Arrival/Departure Record at a land
border Port-of-Entry under section 286 of the Act--$6.00.
Form I-94W. For issuance of Nonimmigrant Visa Waiver Arrival/
Departure Form at a land border Port-of-Entry under section 217 of the
Act--$6.00.
* * * * *
Form I-175. For issuance of Nonresident Alien Canadian Border
Crossing Card (Form I-185)-$30.00.
Form I-175. For issuance of replacement Nonresident Alien Mexican
Border Crossing Card (Form I-586) in lieu of one lost, stolen, or
mutilated--$26.00.
* * * * *
Form I-444. For issuance of a Mexican Border Visitors Permit issued
in conjunction with presentation of a Mexican Border Crossing Card or
multiple-entry B-1/B-2 nonimmigrant visa to proceed for a period of
more than 72 hours but not more than 30 days and to travel more than 25
miles from the Mexican border but within the five-state area of
Arizona, California, Nevada, New Mexico, or Texas--$4.00. The maximum
amount payable by a family (husband, wife, and any minor children under
18 years of age) shall be $8.00.
* * * * *
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
3. The authority citation for part 212 continues to read as
follows:
Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1225, 1226,
1228, 1252; 8 CFR part 2.
4. Section 212.6 is amended by revising paragraph (e) to read as
follows:
Sec. 212.6 Nonresident alien border crossing cards.
* * * * *
(e) Replacement. If a nonresident alien border crossing card has
been lost, stolen, mutilated, or destroyed, the person to whom the card
was issued may apply for a new card as provided for in this section. A
fee as prescribed in Sec. 103.7(b)(1) of this chapter must be submitted
at time of application for the replacement card. The holder of a Form
I-185, I-186 or I-586 which is in poor condition because of improper
production may be issued a new form without submitting fee or
application upon surrendering the original card.
* * * * *
PART 217--VISA WAIVER PILOT PROGRAM
5. The authority citation for part 217 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1187; 8 CFR part 2.
6. Section 217.2 is amended by revising paragraph (c) to read as
follows:
Sec. 217.2 Eligibility.
* * * * *
(c) Applicants arriving at land border Ports-of-Entry. Any
applicant arriving at a land border Port-of-Entry must provide evidence
to the immigration officer of financial solvency and a domicile abroad
to which the applicant intends to return. An applicant arriving at a
land border Port-of-Entry will be charged a fee as prescribed in
Sec. 103.7(b)(1) of this chapter for issuance of Form I-94W,
Nonimmigrant Visa Waiver Arrival/Departure Form.
* * * * *
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION
7. The authority citation for part 235 is revised to read as
follows:
Authority: 8 U.S.C. 1101, 1103, 1182, 1183, 1201, 1224, 1225,
1226, 1227, 1228, and 1252.
8. In Sec. 235.1, paragraph (e) is amended by revising the phrase
``without application or fee,'' in the first sentence to read: ``upon
application and payment of a fee prescribed under Sec. 103.7(b)(1) of
this chapter,''.
9. In Sec. 235.1, paragraph (f)(1) introductory text, paragraph
(f)(2), and paragraph (g)(1) are revised to read as follows:
Sec. 235.1 Scope of examination.
* * * * *
(f) * * *
(1) Nonimmigrants. Except as indicated in this paragraph, each
nonimmigrant alien who is admitted to the United States shall be issued
a completely executed Form I-94 (Arrival-Departure Record) endorsed to
show the alien's date and place of admission, the period of admission,
and the alien's nonimmigrant classification. The Form I-94 is valid for
applications for admission until it expires or will expire during the
alien's intended stay in the United States. A nonimmigrant alien who
will be making frequent entries into the United States over its land
borders may be issued a Form I-94 endorsed to reflect that it is valid
for multiple entries. A nonimmigrant alien entering the United States
at a land border Port-of-Entry who is issued Form I-94 will be charged
a fee as prescribed under Sec. 103.7(b)(1) of this chapter. In the case
of a nonimmigrant alien admitted as a TN under the NAFTA, the specific
occupation of such alien as set forth in Appendix 1603.D.1 of the NAFTA
shall be recorded in item number 18 on the reverse side of the arrival
portion of Form I-94, and the name of the employer shall be notated on
the reverse side of both the arrival and departure portions of Form I-
94. The departure portion of Form I-94 shall bear the legend ``multiple
entry''. A Form I-94 is not required in the case of:
* * * * *
(2) Paroled aliens. Any alien paroled into the United States under
section 212(d)(5) of the Act, including any alien crewmember, shall be
issued a completely executed Form I-94 which must include (i) Date and
place of parole, (ii) Period of parole, and (iii) Conditions under
which the alien is paroled into the United States. A fee shall not be
required when a Form I-94 is issued for the purpose of paroling an
alien into the United States.
(g) Mexican Border Visitor's Permit, Form I-444. (1) Any Mexican
national exempt from issuance of a Form I-94 under paragraph (f)(1)
(iii) or (iv) of this section shall be issued a Mexican Border
Visitor's Permit, Form I-444, whenever: (i) The period of admission
sought is more than 72 hours but not more than 30 days or (ii) The
applicant desires to travel more than 25 miles from the Mexican border
but within the five-state area of Arizona, California, Nevada, New
Mexico, or Texas. A separate Form I-444 will be issued for each
applicant for admission and a fee prescribed under Sec. 103.7(b)(1) of
this chapter shall be charged for each applicant.
* * * * *
PART 264--REGISTRATION AND FINGERPRINTING OF ALIENS IN THE UNITED
STATES
10. The authority citation for part 264 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1201, 1201a, 1301-1305.
11. Section 264.4 is revised to read as follows:
Sec. 264.4 Application to replace a Nonresident Alien Border Crossing
Card.
An application for a replacement Nonresident Alien Border Crossing
Card must be filed pursuant to Sec. 212.6(e) of this chapter. An
application for a replacement Form I-185, Nonresident Alien Canadian
Border Crossing Card, must be filed on Form I-175. A fee as prescribed
in Sec. 103.7(b)(1) of this chapter must be submitted at time of
application. An application for a replacement Form I-586, Nonresident
Alien Border Crossing Card, must be filed on Form I-190. A fee as
prescribed in Sec. 103.7(b)(1) of this chapter must be submitted at
time of application to replace a lost, stolen, or mutilated card.
* * * * *
PART 286--IMMIGRATION USER FEE
12. The authority citation for part 286 continues to read as
follows:
Authority: 8 U.S.C. 1103, 1356; 8 CFR part 2.
13. A new Sec. 286.9 is added to read as follows:
Sec. 286.9 Fee for processing applications and issuing documentation
at land border Ports-of-Entry.
(a) General. A fee may be charged and collected by the Commissioner
for the processing and issuance of specified Service documents at land
border Ports-of-Entry. These fees, as specified in Sec. 103.7(b)(1) of
this chapter, shall be dedicated to funding the cost of providing
application processing services at land border ports.
(b) Forms for which a fee may be charged.
(1) A nonimmigrant alien who is required to be issued, or requests
to be issued, Form I-94, Arrival/Departure Record, for admission at a
land border Port-of-Entry must remit the required fee for issuance of
Form I-94 upon determination of admissibility.
(2) A nonimmigrant alien applying for admission at a land border
Port-of-Entry as a Visa Waiver Pilot Program applicant pursuant to
Sec. 217.2(c) or Sec. 217.3(c) of this chapter must remit the required
fee for issuance of Form I-94W upon determination of admissibility.
(3) A Mexican national in possession of a valid nonresident alien
border crossing card or multiple-entry nonimmigrant B-1/B-2 visa who is
required to be issued Form I-444, Mexican Border Visitors Permit,
Pursuant to Sec. 235.1(g) of this chapter, must remit the required fee
for issuance of Form I-444 upon determination of admissibility.
(4) Citizens or lawful permanent resident aliens of the United
States, Canadian citizens, and lawful permanent residents of Canada
having a common nationality with Canadians, who request Form I-68,
Canadian Border Boat Landing Permit, pursuant to Sec. 235.1(e) of this
chapter, for entry to the United States from Canada as an eligible
pleasure boater on a designated body of water, must remit the required
fee at time of application for Form I-68.
(5) A Canadian national or a British subject permanently residing
in Canada and having a common nationality with Canada who submits Form
I-175, Application for Nonresident Alien Canadian Border Crossing Card,
must remit the required fee at time of application for Form I-185.
(6) A Mexican national who submits Form I-190, Application for
Nonresident Alien Mexican Border Crossing Card, for replacement of a
lost, stolen, or mutilated Form I-586, Nonresident Alien Border
Crossing Card, must remit the required fee at time of application for a
replacement Form I-586.
Dated: February 25, 1994.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 94-8717 Filed 4-11-94; 8:45 am]
BILLING CODE 4410-10-M