[Federal Register Volume 61, Number 199 (Friday, October 11, 1996)]
[Rules and Regulations]
[Pages 53303-53305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26286]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 103

[INS No. 1794-96]
RIN 1115-AD82


Establishment of a Dedicated Commuter Lane (DCL) System Costs Fee 
for Participation in the Port Passenger Accelerated Service System 
(PORTPASS) Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: The Immigration and Naturalization Service (Service) published 
an interim rule with request for comments on September 29, 1995. In 
that rule the Service indicated that payment of a system costs fee as 
determined necessary by the Service to cover the costs of technology 
would be required of all participants. This rule sets forth the amount 
of that fee.

DATES: This interim rule is effective October 11, 1996. Written 
comments must be received on or before December 10, 1996.

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

[[Page 53304]]

proper handling, please reference INS No. 1794-96 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:
Robert A. Mocny, Assistant Chief Inspector, Inspectors Division, 
Immigration and Naturalization Service, 425 I Street, NW., Room 4064, 
Washington, DC 20536, telephone (202) 514-3019.

SUPPLEMENTARY INFORMATION: Payment of a ``DCL system costs fee'' by 
PORTPASS program participants at selected Ports of Entry will be 
necessary to cover the costs of additional technology and associated 
construction, equipment, and personnel costs made necessary in those 
locations by law enforcement and security concerns. The provisions of 
OMB Circular A-25, dated July 8, 1993, entitled ``User Charges,'' sets 
forth the guidelines used by the Service in the assessment of PORTPASS 
user charges under the Independent Offices Appropriations Act of 1952 
(IOAA). After payment of the system costs fee, if the approved 
participant wants to enroll any additional vehicles for his or her own 
use in the program, he or she will be charged an ``additional vehicle 
fee'' to cover the costs of purchasing and installing the necessary 
equipment in each additional vehicle. If the participant loses his or 
her PORTPASS document, the participant will have to pay a processing 
fee. Information about the fees, including the amounts, will be 
included in publications made available to the public prior to and 
during the application process. Prior to accepting an application from 
a person seeking to participate in PORTPASS, the Service will inform 
the prospective applicant of the amount and nature of all fees 
associated with the PORTPASS program at that POE.
    The PORTPASS program is strictly voluntary. All revenue generated 
by the PORTPASS program will directly support inspections on the land 
border, and facilitate traffic flow through designated POEs. Fees 
collected will be used as needed to cover the following costs:
    (1) Hiring additional immigration inspectors, including all 
associated personnel costs;
    (2) Expanding, operating and maintaining information systems for 
nonimmigrant control;
    (3) Construction costs, including those associated with the 
addition of new primary traffic lanes (with the concurrence of the 
General Services Administration);
    (4) Procuring detection devices and conducting training in the 
identification of fraudulent documents used by applicants for illegal 
entry into the United States;
    (5) Other costs associated with the operation of the PORTPASS 
program; and
    (6) Costs associated with the administration of the Land Border 
Inspection Fee Account.
    The Service's implementation of this rule as an interim rule, with 
provision for post-promulgation public comment, is based on the ``good 
cause'' exception found at 5 U.S.C. 553(d)(3). The reason and necessity 
for immediate implementation of this interim rule are as follows: The 
PORTPASS program is currently and directly benefiting the traveling 
public by expediting the entry of PORTPASS participants and other 
members of the traveling public into the United States. The costs to 
the public have been calculated and evaluated. Pursuant to the 
provisions of the IOAA and OMB Circular No. A-25, the PORTPASS program 
must be self-sustaining, and the costs of the system carried by the 
identifiable recipients of the benefits of the PORTPASS program. 
Furthermore, a pilot DCL is currently operational on the California-
Mexico border. To close the DCL because of the inability to collect 
costs necessary to sustain the system will unnecessarily harm those who 
use the DCL and who are already on notice that a fee will be charged 
once established. Those who wish to forgo payment of the fee will be 
allowed to withdraw from the program without prejudice. Immediate 
collection of the fee would enable the DCL to continue its current 
operation, benefiting the United States, the Service, and members of 
the traveling public at one of the busiest land border Ports-of-Entry 
in the United States. It remains in the best interest of all members of 
the traveling public to collect fees from the users as soon as 
possible.

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 expeditious passage through a POE. Although 
there is a fee charged for this service, participation is voluntary and 
the benefits of participating in the program far exceed the cost to the 
traveling public.

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.

List of Subjects in 8 CFR Part 103

    Administrative practice and procedures, Aliens, Authority 
delegations (Government agencies), Freedom of Information, Privacy Act, 
Reporting and record keeping requirements.

    Accordingly, part 103 of chapter I of title 8 of the Code of 
Federal Regulations is 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, 552(a); 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 revising the entry 
for ``Form I-823'', and by adding a new entry for the ``DCL System 
Costs Fee,'' immediately before the entry for Form EOIR-40 to read as 
follows:


Sec. 103.7  Fees.

* * * * *
    (b) * * *
    (1) * * *
* * * * *
    DCL System Costs Fee. For use of a Dedicated Commuter Lane (DCL) 
located at specific Ports of Entry of the United States by an 
approved participant in a designated

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vehicle--$80.00, with the maximum amount of $160.00 payable by a 
family (husband, wife, and minor children under 18 years-of-age). 
Payable following approval of the application but before use of the 
DCL by each participant. This fee is non-refundable, but may be 
waived by the district director. If a participant wishes to enroll 
more than one vehicle for use in the PORTPASS system, he or she will 
be assessed with an additional fee of--$42 for each additional 
vehicle enrolled.
* * * * *
    Form I-823. For application to a PORTPASS program under section 
286 of the Act--$25.00, with the maximum amount of $50.00 payable by 
a family (husband, wife, and minor children under 18 years of age). 
The application fee may be waived by the district director. If 
fingerprints are required, the inspector will inform the applicant 
of the current Federal Bureau of Investigation fee for conducting 
fingerprint checks prior to accepting the application fee. Both the 
application fee (if not waived) and the fingerprint fee must be paid 
to the Immigration and Naturalization Service before the application 
will be processed. The fingerprint fee may not be waived. For 
replacement of PORTPASS documentation during the participation 
period--$25.00.

* * * * *
    Dated: September 27, 1996.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 96-26286 Filed 10-9-96; 11:44 am]
BILLING CODE 4410-10-M