[Federal Register Volume 60, Number 96 (Thursday, May 18, 1995)]
[Proposed Rules]
[Page 26696]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-12271]



      
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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 60, No. 96 / Thursday, May 18, 1995 / 
Proposed Rules  

[[Page 26696]]

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 235

[INS No. 1698-95]
RIN 1115-AD98


Preinspection Services for Aircraft, Vessels, and Trains Outside 
the United States

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Proposed rule.

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SUMMARY: This rule proposes to amend the Immigration and Naturalization 
Service's (the Service) regulations by expanding the Service's 
preinspection program to permit preinspection of passengers coming from 
places other than foreign contiguous territory and adjacent islands. 
This proposed rule would also permit the preinspection of railroad 
passengers. These proposed actions will facilitate travel to the United 
States.

DATES: Written comments must be submitted on or before June 19, 1995.

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. To ensure proper handling please reference INS number 1698-95 on 
your correspondence.

FOR FURTHER INFORMATION CONTACT:
Una Brien, Assistant Chief Inspector, Office of Inspections, 425 I 
Street, NW., Room 7228, Washington, DC 20536, telephone (202) 514-2681.

SUPPLEMENTARY INFORMATION: Preinspection is the procedure whereby the 
Service conducts, in the host country, inspection of passengers and 
crewmembers as required by United States immigration and public health 
laws and regulations for entry into the United States. First 
established at Toronto, Canada, in 1952, preinspection services are 
currently provided at 10 different sites. However, current regulations 
only address preinspection of aircraft and vessels in contiguous 
territory and adjacent islands (8 CFR part 235.5). This proposed rule 
would amend current regulations by allowing preinspection in any 
foreign territory, not just contiguous territory and adjacent islands. 
This proposed rule also provides for the preinspection of passengers on 
trains. Since the scope of this rule is primarily administrative in 
nature, and because these proposed changes will provide a benefit to 
both the travelling public and the travel industry, the Service would 
like to implement the program as expeditiously as possible. Therefore, 
the comment period has been limited to 30 days.

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 this rule 
will not have a significant economic impact on a substantial number of 
small entities. The Service's inspection and examination of persons in 
order to determine their admissibility to the United States is required 
by statute. Preinspection provides inspectional services in foreign 
airports outside the United States, is instituted at the request of the 
host government, and is considered a benefit because it facilitates 
passengers' admission into the United States.

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 adopted 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 235

    Administrative practice and procedures, Air carriers, Aliens, 
Immigration, Reporting and record keeping requirements.

    Accordingly, part 235 of chapter I of title 8 of the Code of 
Federal Regulations is proposed to be amended as follows:

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.

    2. In Sec. 235.5, paragraph (b) is revised to read as follows:


Sec. 235.5  Preinspection.

* * * * *
    (b) In Foreign territory. In the case of any aircraft, vessel, or 
train proceeding directly, without stopping, from a port or place in 
foreign territory to a Port-of-Entry in the United States, the 
examination and inspection of passengers and crew required by the Act 
and final determination of admissibility may be made immediately prior 
to such departure at the port or place in foreign territory and shall 
have the same effect under the Act as though made at the destined Port-
of-Entry in the United States.

    Dated: April 10, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-12271 Filed 5-17-95; 8:45 am]
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