[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Rules and Regulations]
[Pages 40064-40069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19303]



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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103, 212, 217, 235, 264, 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: Final rule.

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SUMMARY: This rule amends the regulations to allow the Immigration 

[[Page 40065]]
and Naturalization Service (the Service) to charge a fee for the 
processing and issuance of specified documents at land border Ports-of-
Entry (POEs). The fees are necessary to cover the costs of providing 
these services which benefit certain applicants at land border POEs. 
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.

EFFECTIVE DATE: October 9, 1995.

FOR FURTHER INFORMATION CONTACT:
Marie De Soto, Assistant Chief Inspector, Inspections Division, 
Immigration and Naturalization Service, 425 I Street NW., Room 7228, 
Washington, DC 20536, telephone (202) 514-1798.

SUPPLEMENTARY INFORMATION: 

General

    The Service published a proposed rule on April 12, 1994, at 59 FR 
17283, to amend the regulations to allow the Service to charge a fee 
for processing and issuing specified documents at land border Ports-or-
Entry (POEs). Consistent with 31 U.S.C. 9701 and OMB Circular A-25, 
User Charges, the proposed rule identified application services that 
currently are provided free-of-charge and for which it would be 
appropriate to impose a fee. The services identified are tasks commonly 
performed in secondary inspection such as examining documents, 
conducting record checks, and interviewing applicants in order to issue 
permits for extended stays in the United States. In addition, the 
services provides to applicants-for-admission at POEs, border crossing 
cards and boating permits; documents that may require extensive 
interviews, record checks, document production, and other time-
consuming paperwork. Specifically, the proposed rule included fees for 
the processing of Form I-94, Arrival/Departure Record; Form 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 (CBCC); and Form I-190, Application for Nonresident Alien 
Mexican Border Crossing Card, to replace a lost, stolen, or mutilated 
Nonresident Alien Border Crossing Card (BCC), Form I-586.
    All interested parties were invited to submit comments on the 
proposed rule by June 13, 1994. The Service received 22 comments and 
considered each of the comments in preparing the final rule. Commenters 
included private individuals, Chambers of Commerce, local government 
representatives, small business owners, members of Congress, and 
Service employees. Since most discussed several issues, the total 
number of comments exceeds the number of persons who commented.

Discussion of Comments

Support for Fees

    Eight of the commenters expressed general support for fees for 
services, with recommendations that the revenues be used to address the 
illegal immigration problem in the United States. The fees were set to 
recover only the costs associated with providing the document-
processing services and related benefits to certain land border 
crossing applicants. The revenues generated by these fees are to be 
used for the purpose of funding the costs incurred to provide these 
application processing services. It is anticipated that the 
implementation of the fees-for-services charge will enable the Service 
to improve inspection services at the land border. Once the fee 
revenues are available, appropriated resources formerly allocated to 
fund these document-processing services may be redirected to augment 
staffing of vehicle and pedestrian traffic lanes at land border Ports-
of-Entry. The resulting benefit would be improved facilitation of 
traffic through the POEs.
    One commenter proposed that in addition to charging for the Form I-
190 to replace a lost, stolen, or mutilated Form I-586, a $4.00 fee be 
imposed for a temporary border crossing card pending issuance of the 
Form I-586. Another commenter suggested that the fee for the Form I-68 
should be higher and that a $25.00 charge was more appropriate and 
comparable with a Canadian fee for inspecting United States boats. 
While the Service recognizes the concerns of the commenters, any 
additional fees beyond those that were in the proposed rule would have 
to be the subject of a separate rule. Increasing the fee for the Form 
I-68 from $16.00 to $25.00 would not be consistent with Federal user 
fee statutes and regulations which require that the fee be set to 
recover the full costs of providing the services. A cost analysis of 
the services provided, including the indirect costs associated with 
these services, resulted in the fees, as established. The Service will 
conduct periodic reviews of the fees, changes to issuance procedures, 
and methods used in determining fees and, when warranted, adjustments 
to the fees will be made.
Justification for Fees

    Two commenters suggested that the Government should be required to 
provide service to the public, and that to charge individuals for that 
service is not necessary or warranted. On the contrary, the Federal 
user fee statute (31 U.S.C. 9701) and regulations 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. In July 1993, the Office of the Inspector General 
completed an audit of services performed and special benefits provided 
by the Service. This audit disclosed a number of services currently 
being provided free-of-charge by the Service for which it would be 
appropriate to impose a fee including the Canadian Border Boat Landing 
Permit, Form I-68, and applications for Border Crossing Cards, Forms I-
190 and I-175. The audit concluded that the Service was not in 
compliance with OMB directives with regard to these services, and that 
failure to collect fees for services resulted in the cost being paid by 
the general public out of the general fund appropriation. In an effort 
to comply with federal directives, the Service determined which 
services and benefits are currently provided without charge to certain 
beneficiaries and for which it would be appropriate to impose a fee, 
culminating in this rule.
    Two commenters, objecting to the fee for Form I-68, stated that, if 
boaters refuse to obtain Form I-68 because of the fee, the Service will 
be forced to provide additional personnel and facilities where none 
exist to inspect boaters upon arrival in the United States. However, 
pursuant to 8 CFR 100.4, persons entering the United States may only 
present themselves to an immigration officer at those ports designated 
as Class A Ports-of-Entry at a time when the port is open for 
inspection.
    The I-68 provision is the only exception to this reporting 
requirement. The provision extends to boaters the opportunity of 
recreational boating without reporting for inspection during each 
outing. A boater who refuses to obtain Form I-68 is otherwise required 
to expend the time, expense, and effort to report to an open, staffed 
POE.
    The I-68 is clearly a specific benefit that the Service provides to 
an identifiable recipient, as defined by 

[[Page 40066]]
Federal user fee statute and OMB Circular A-25, User Charges. It is a 
benefit for which the Service is required to charge a fee. However, 
participation in the I-68 program is voluntary.
    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. The Service's districts mount 
publicity campaigns to educate boaters about these requirements. The 
purpose of the Form I-68 fee is to recover the costs of providing these 
services and this special benefit to boaters, since funding is 
insufficient for additional personnel and new facilities, and there are 
no other resources available to support port expansion.

Use of Revenues

    One commenter expressed concern that there was no guarantee that 
the money generated from these collections would be applied to efforts 
to deal with illegal immigration. The Service recognizes the concern of 
the commenter; however, consistent with the mission of the Service, 
inspectors at POEs have a very important dual role: that of 
facilitating the entry of bona fide applicants-for-admission, and that 
of enforcing the immigration laws by detecting inadmissible applicants 
and those attempting entry by fraud. The Service will use the revenue 
generated from the fees contained in this rule to fund the costs 
incurred to improve the secondary application-processing services 
provided at land border POEs. Consequently, the Service intends to 
devote appropriated resources formerly expended for secondary 
application-processing services to staffing of vehicle and pedestrian 
traffic lanes at land border Ports-of-Entry. This overall increase in 
resources will allow the Service to better meet its mission of 
facilitating the entry of bona fide applicants-for-admission, providing 
better service to the traveling public at land border POEs, and 
enforcing the immigration laws by detecting inadmissible applicants and 
those attempting entry fraud.
    Another commenter stated that the income should return to the port 
where it was generated. The fees have been set, to recover not only 
costs incurred directly at ports, but also costs--both direct and 
indirect--incurred by the Service for services provided to applicants-
for-admission at land border POEs in connection with the six 
application forms described in this rule. Among the costs identified 
are a portion of the salaries and expenses of the port inspectors, the 
cost of training the inspectors, data processing, production of forms 
and documents, safeguarding and accounting for the fees collected, and 
performing record and background checks. Consequently, the fees 
collected pursuant to this rule are to be used to offset the cost to 
all Service components, including ports, of providing these 
application-processing service at all land border POEs. The Service has 
developed a comprehensive staffing model geared to the unique 
requirements of land border facilities which incorporates data from 
each land border POE on vehicle and pedestrian traffic, projected 
growth, facility expansion, and other items affecting inspection 
service. Using the model, the Service will be able to properly allocate 
resources.

Northern and Southern Border Disparities

    One commenter wondered why fees are only being charged to those who 
cross the United States-Mexico border, and not to those who cross from 
Canada or travel by air from other countries. The fees described in 
this rule affect land border crossers at both the northern and southern 
borders. Two of the six forms for which fees are charged, the Form I-94 
and the Form I-94W, are alien control documents issued to nonimmigrant 
aliens of any nationality who seek admission to the United States at 
either the northern or southern border. Fees for the two border 
crossing documents are the Form I-190, Application for Nonresident 
Alien Mexican Border Crossing Card, and the Form I-175, Application for 
Nonresident Alien Canadian Border Crossing Card. The remaining two fees 
are for the issuance of permits which, in the case of the Form I-444, 
Mexican Border Visitors Permit, is beneficial only to Mexican 
nationals, and in the case of the Form I-68, Canadian Border Boat 
Landing Permit, benefits Canadians, United States citizens, and other 
qualified applicants. This rule applies only to land border crossers; 
however, air travelers arriving at air POEs currently pay a fee.
    Two commenters questioned the inequity of requiring the issuance of 
BCCs for Mexican nationals but not for Canadians. The differences in 
documentary requirements between Mexican and Canadian nationals are 
complex, far-reaching, and beyond the scope of this rule. Generally, 
nonimmigrant visa requirements imposed upon aliens of certain countries 
are based on treaties and the corresponding regulations of both the 
Department of State and the Service. Under the existing provisions, 
Canadian nationals are, for most nonimmigrant categories, visa-exempt 
while Mexican nationals are not exempt. A BCC is an acceptable form of 
documentation, but it is not a required document. When entering the 
United States across a land border, the BCC generally provides a 
greater convenience to the holder than a regular nonimmigrant visa 
because a passport is not necessary. The issuance of BCC's is a benefit 
that the Service elects to provide to nonimmigrants who routinely cross 
the border. The Form I-586, Nonresident Alien Mexican Border Crossing 
Card, offers the same privileges as the nonimmigrant visa for a Mexican 
national seeking entry as a visitor for business (B-1) or pleasure (B-
2). Alternatively, a Mexican national may apply, without charge, to an 
American Consulate in Mexico for a nonimmigrant visa.
    Four commenters stated that implementation of a fee for Form I-68 
will have an adverse impact on relations with our Canadian neighbors; 
however, none of the commenters explained in exactly what way this 
would interfere with good relations. Since the Canadian Government also 
plans to implement fees for many of the services it provides, an 
element of reciprocity exists, and there is no clear, disparate 
treatment on either side of the border.

Economic Impact of Fees

    One commenter stated that user fees are inconsistent with the 
intent of the North American Free-Trade Agreement (NAFTA) to eliminate 
barriers to trade, and two commenters stated that fees would have a 
negative impact on the economies of the communities along the southern 
border. Facilitation of travel between NAFTA countries is of great 
concern to the Service. Traffic congestion at POEs, where vehicles 
sometimes wait hours to cross the border, costs local economies 
tremendous amounts of revenue in lost time and productivity, as well as 
severely impacting the environment. One way that this congestion can be 
alleviated is though additional personnel and the implementation of 
automated technology to expedite the services provided. Individuals 
traveling within 25 miles of the southern border area for short periods 
of time will not be affected by the fees. Only those traveling more 
than 25 miles or staying for longer than 72 hours will require issuance 
of an entry permit and payment of a fee. The revenues collected will 
allow the Service to recover the costs for providing the services. 
Article 1603.4 of the NAFTA states that each party shall limit any fees 
for processing applications for temporary entry of business persons to 

[[Page 40067]]
the approximate costs of services rendered. Therefore, the Service 
believes that these fees are not inconsistent with the terms of the 
NAFTA.
    Three commenters felt that imposition of a fee for Form I-68 would 
cause economic hardship to the communities along the United States/
Canada border. The Service does not agree with the comment and believes 
that the annual fee is nominal for the benefit that is derived. The 
Service is required to recover the costs of providing this benefit 
inasmuch as the Federal user fee statute and regulations require that 
recipients of special benefits bear the costs associated with providing 
the specific services. The Service does not expect the fee to 
significantly deter boaters from obtaining a permit so they may land 
and enjoy the amenities offered in nearby communities.
Reasonableness of Fee

    Two commenters stated that the fee for Form I-68 will impose an 
economic burden on the individuals requiring the form, who already pay 
many other taxes and fees, and one commenter felt the fee was 
unreasonable. The fees included in this rule are not excessive, and are 
considerably lower than many similar fees charged by Federal, state, 
and local governments for similar services.
    Most of the fees, once paid, allow the applicant to avail him or 
herself of the benefit for an extended period of time. The CBCC, at 
$30, is currently valid indefinitely, and the replacement BCC, at $26, 
is valid for 10 years. The Form I-68, at $16, allows entry for 1 year, 
and the Form I-94W at $6, is issued for a period of 90 days. The Form 
I-94, depending on the nonimmigrant classification under which the 
applicant is entering, may be valid for years, with the normal visitor 
for pleasure being granted a minimum of 6 months for a fee of $6. The 
Form I-444, with a fee of $4, may be issued for a period not to exceed 
30 days.
    In addition, the Service has adopted a family cap. Formerly, Forms 
I-444 and I-68 allowed multiple family members, and unrelated 
individuals traveling in a group, to apply on one form. The family cap 
essentially allows children the benefit without a fee so as not to 
impose an undue burden on families traveling across the southern border 
for short periods of time, and on families enjoying recreational 
boating along the northern border.
    As stated previously, the fees were determined by an analysis of 
document-processing services and associated costs, and are calculated 
to recover the direct and indirect costs to the Service of providing 
these special services and benefits.
    One commenter stated that there is no reason for a United States 
citizen to pay to obtain Form I-68, since there is no penalty for 
failure to report for immigration purposes, and that those who do 
obtain Form I-68 do so only to appear to comply with a non-existent 
immigration inspection requirement. Although United States citizens are 
not subject to the immigration laws, the regulations at 8 CFR 235.1 
require that application to enter the United States must be made in 
person to an immigration officer at a United States POE at a time when 
the port is open for inspection. This section also states that a person 
claiming United States citizenship must establish that fact to the 
examining immigration officer. That is why United States citizens are 
specifically included in the I-68 regulations. While criminal 
prosecution, loss of citizenship, or deportation will not apply to a 
United States citizen who has not complied with inspection 
requirements, the potential inconvenience in establishing that he or 
she is not subject to the immigration laws if encountered by Service 
enforcement officers may prove to be significant to most law-abiding 
boaters and render obtaining the I-68 worthwhile.

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. 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.

Executive Order 12866

    This rule is considered by the Department of Justice, Immigration 
and Naturalization Service, to be a ``significant regulatory action'' 
under E.O. 12866, section 3(f), Regulatory Planning and Review. 
Although this rule requires user fees, the fees are necessary to 
recover the cost to the Federal Government for processing and issuing 
specified documents at United States land border Ports-of-Entry for 
business and pleasure. Title 31 U.S.C. and OMB Circular A-25 require 
that recipients bear the cost of receiving special benefits. As such, a 
cost analysis of the INS services provided and associated indirect cost 
resulted in the fees established herein, which are consistent with 
Federal user fee statutes and regulations and do not exceed the full 
cost that may be recovered by the Service.

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 addressed this rule in light of the criteria in 
Executive Order 12606 and has determined that it will have no effect on 
family well-being.
Paperwork Reduction Act

    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(s) are contained in 8 CFR 299.5, Display of Control 
Numbers.

List of Subjects

8 CFR Part 103

    Administrative practice and procedures, 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 amended as follows:

[[Page 40068]]


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, unmarried 
children under 21 years of age, parents of either husband or wife) 
shall be $32.00.
* * * * *
    Form I-94. For issuance of Arrival/Departure Record at a land 
border Port-of-Entry--$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-190. 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 5-state 
area of Arizona, California, Nevada, New Mexico, or Texas--$4.00. 
The maximum amount payable by a family (husband, wife, children 
under 21 years of age, and parents of either husband or wife) 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 show 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 continues to read as 
follows:

    Authority: 8 U.S.C. 1101, 1103, 1182, 1183, 1201, 1224, 1225, 
1226, 1227, 1228, and 1252.
Sec. 235.1  [Amended]

    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. Each nonimmigrant alien, except as indicated 
below, who is admitted to the United States shall be issued a 
completely executed Form I-94 which must be endorsed to show: Date and 
place of admission, period of admission, and nonimmigrant 
classification. A nonimmigrant alien who will be making frequent 
entries into the United States over its land borders may be issued a 
Form I-94 which is valid for any number of entries during the validity 
of the form. 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 with the classification TN (Trade, North 
American Free Trade Agreement (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 noted 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 by:
* * * * *
    (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 for Form I-94 when it is issued for 
the purpose of paroling an alien into the United States.
    (g) Mexican Border Visitors 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 5-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 as prescribed under 
Sec. 103.7(b)(1) of this chapter shall be charged for each applicant, 
or until the family cap is reached.
* * * * *

[[Page 40069]]


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. A new Sec. 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 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) A citizen or lawful permanent resident alien of the United 
States, Canadian national, or lawful permanent resident of Canada 
having a common nationality with Canadians, who requests 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 lawful permanent resident of Canada 
having a common nationality with nationals of 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: May 23, 1995.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 95-19303 Filed 8-4-95; 8:45 am]
BILLING CODE 4410-10-M