[Federal Register Volume 62, Number 176 (Thursday, September 11, 1997)]
[Rules and Regulations]
[Pages 47749-47753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24124]


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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: Interim rule with request for comments.

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SUMMARY: This rule amends the Immigration and Naturalization Service 
(Service) regulations to clarify and standardize procedures for the 
application, issuance, and use of Form I-68, Canadian Border Boat 
Landing Card. This rule promotes uniformity and clarity in the 
application requirements, decision-making process, and issuance of 
entry documents, while enhancing effective and efficient border 
enforcement within the Canadian Border Boat Landing (I-68) program.

DATES: Effective Date: This rule is effective September 11, 1997.
    Comment Date: Written comments must be received on or before 
November 10, 1997.

ADDRESSES: Please submit written comments, in triplicate, to the 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 No. 1796-96 on your 
correspondence. Comments are available for public inspection at this 
location by calling

[[Page 47750]]

(202) 514-3048 to arrange for an appointment.

FOR FURTHER INFORMATION CONTACT:
Ronald J. Hays, Assistant Chief Inspector, Inspections Division, 
Immigration and Naturalization Service, 425 I Street, NW., Room 4060, 
Washington, DC 20536, Telephone (202) 514-0912.

SUPPLEMENTARY INFORMATION: The Service regulations at 8 CFR 235.1(a) 
require that in general an application for entry to 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. Boaters who 
choose not to obtain Form I-68 must report in person for inspection at 
a POE upon each entry to the United States. This is often difficult, 
since the Service lacks sufficient resources to station inspectors 
along all waterways. Therefore, boaters who have not obtained Form I-68 
may report in person to Inspectors of the United States Customs 
Service, who are cross-designated to perform immigration inspections. 
Inspection by a Customs officer will satisfy the Service requirement of 
reporting in person for immigration inspection. However, telephonic 
inspections, allowed by Customs Service regulations to satisfy their 
reporting requirement, are not authorized by Service regulations.
    Although United States citizens are not generally subject to the 
immigration laws, the regulations at 8 CFR 235.1(b) require that any 
person claiming to be a United States citizen must establish that fact 
to an immigration officer. United States citizens who enter the United 
States without Form I-68 or without reporting in person for inspection 
may be subject to fines or criminal sanctions. There is also the 
potential for some inconvenience to the United States citizen boater 
not in possession of Form I-68 to demonstrate United States citizenship 
when encountered by a Service officer. United States citizen boaters 
who transport aliens not in possession of Form I-68, and who do not 
report in person for inspection are subject to arrest, fine, 
imprisonment, and possible seizure of the boat. Non-United States 
citizens traveling by boat who do not have Form I-68, or who have not 
presented themselves for inspection, are subject to arrest and possible 
fine or deportation.
    The I-68 program was established in 1963 to facilitate boating and 
fishing on boundary waters in Minnesota. It was expanded to other areas 
in 1967. The program was not implemented nationally until several years 
ago, when Service districts along the northern border began a publicity 
campaign to educate boaters as to the proper requirements for entry 
into the United States by boat and the benefits of participation in the 
program. Most Service districts make Form I-68 permits easily available 
by sending inspectors to marinas and boat shows and involving boating 
organizations in the process. Until October 9, 1995, the Form I-68 was 
issued without charge.
    By a final rule published in the Federal Register on August 7, 
1995, at 60 FR 40064-9, the Service established a fee for applying to 
participate in the I-68 program. Effective October 9, 1995, a fee of 
$16.00 per individual with a family cap of $32.00 was established. 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. 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.
    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 has 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 in Alexandria, Virginia, on August 13, 1996. 
Numerous suggestions for improving the program were received and have 
been incorporated into this interim regulation. The following is a 
discussion of those concerns and the Service's response.

Geographical Limitations

    One of the concerns the Service received relates to the 
geographical limitations on travel by those permit holders who are not 
United States citizens or permanent residents. The current regulation 
allows for visits for pleasure which do not involve travel beyond the 
immediate shoreline area to include nearby neighborhoods and shopping 
centers. This lack of specificity in the regulation has led to varying 
enforcement of the program. The Service has determined to eliminate 
this problem by specifying the area within which permit holders may 
travel. The Service currently has a program on the southern border, 
similar in some respects to the I-68 program, which allows Mexican 
citizens who are in possession of a Mexican Border Crossing Card to 
enter the United States for brief visits for pleasure which do not 
exceed 72 hours in duration or travel more than 25 miles from the 
border. Since these programs are comparable, the Service has determined 
that it is equitable to afford I-68 program participants a similar 
privilege of travel as is accorded to Mexican visitors in possession of 
a Mexican Border Crossing Card. In addition, as two large bodies of 
water along the border, Puget Sound and Lake Michigan, lie almost 
wholly within the United States, the Service will also permit travel by 
program participants within 25 miles of the shoreline area of these 
bodies of water as well.

Obtaining the Form I-68

    Another concern related to the difficulty in obtaining a permit. 
Currently, persons who wish to enroll in the program must travel, 
yearly, to a staffed Service office and apply in person. The Service 
proposes to reduce this burden by allowing persons who are renewing a 
valid permit to do so by mail. This means that a person who maintains 
his or her membership in the program will only have to report in person 
to obtain his or her first permit, unless the district director 
determines, on a case-by-case basis to require the applicant to report 
in person. The Service will evaluate the eligibility of any person to 
participate in the program by an examination of any records available 
to the Service. Application forms will also be made available by mail 
to the public.
    The Service will also reduce the burden on the public by 
considering those persons who are enrolled in one of the Service's 
Alternative Inspections programs such 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

[[Page 47751]]

additional application or fee. These alternative Inspections programs 
currently allow program participants the privilege of entering the 
United States by air or car without having to report for immigration 
inspection each time they do so. Since only the means of entry differs 
from the I-68 program, it is logical to include participants in other 
Alternative Inspections programs in the I-68 program.

Fee

    The Service received several complaints concerning the charging of 
a fee for participation in the I-68 program. As previously stated in 
the August 7, 1995, final rule, the Federal User Fee Statute (31 U.S.C. 
9701) and regulations require that recipients of special benefits bear 
the cost of providing these 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. The audit 
concluded that the Service was not in compliance with OMB directives 
with regard to these services, including the Canadian Border Boat 
Landing Permit, Form I-68, and that failure to collect fees for 
services resulted in the cost being paid by the general public out of 
the general fund appropriation. Accordingly, in 1995 the Service 
established a fee of $16.00 to cover the costs associated with 
adjudicating an application to participant in the program. This rule 
will not change the fee.
    The Service has also been requested by the Government of Canada to 
include within the program landed immigrants to Canada who are not 
citizens of British Commonwealth Countries. At present, for example, a 
French citizen who is a landed immigrant in Canada is not eligible to 
participate in the I-68 Program. Upon consideration, the Service has 
decided to include such persons within the program provided they are 
nationals of a country designated for participation in the Visa Waiver 
Pilot Program and are in possession of a valid unexpired passport 
issued by their country of nationality, an unexpired, United States 
visa, and a valid I-94 marked for multiple entries to the United States 
at both the time they make application for inclusion within the program 
and each time they take advantage of the program to enter the United 
States.
    The Service's implementation of this rule as an interim rule, with 
provisions for post-promulgation public comments, is based upon the 
``good cause'' exceptions found at 5 U.S.C. 553 (b)(B) and (d)(3). The 
reasons and the necessity for immediate implementation of this interim 
rule without prior notice and comment are as follows: this interim rule 
relieves a restriction, does not impose a new burden, and is beneficial 
to the traveling public and United States businesses which are 
patronized by persons benefiting from this rule.

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 Form I-68 is 
applied for by individuals, not small entities, and the rule simply 
codifies policies and procedures that have been in place for many 
years, imposing 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

    The rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of E.O. 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 one 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 interim rule does not impose any new reporting or 
recordkeeping requirements. The 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, part 235 of chapter I of title 8 of the Code of 
Federal Regulations is 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; 8 CFR part 2.

    2. In Sec. 235.1, paragraph (e) is revised to read as follows:


Sec. 235.1  Scope of examination.

* * * * *
    (e) U.S. citizens, lawful permanent residents of the United States, 
and other aliens, entering the United States along the northern border, 
other than at a Port-of-Entry. A citizen or lawful permanent resident 
of the United States, a Canadian national or landed immigrant of Canada 
having a common nationality with nationals of Canada, or a landed 
immigrant of Canada who is a national of a country listed in 
Sec. 217.2(a), may, if in possession of a valid, unexpired, Canadian 
Border Boat Landing Permit (Form I-68) or evidence

[[Page 47752]]

of enrollment in any other Service Alternaitve Inspections program 
(e.g., the Immigration and Naturalization Service Passenger Accelerated 
Service System (INSPASS) or the Port Passenger Accelerated Service 
System (PORTPASS)), enter the United States by means of a pleasure 
craft along the northern border of the United States from time-to-time 
without further inspection. No persons other than those described in 
this paragraph may participate in this program. Landed immigrants of 
Canada who do not share a common nationality with nationals of Canada 
but whose country of nationality is listed in Sec. 217.2(a) must also 
be in possession of a valid, unexpired, passport issued by their 
country of nationality, a valid, unexpired, United States visa, and a 
valid, unexpired Form I-94 marked for multiple entries to the Untied 
States. When an entry to the United States is made by a person who is a 
Canadian citizen or a landed immigrant of Canada, entry may be made 
under this program only for a purpose as described in section 
101(a)(15)(B)(ii) of the Act. Persons seeking to enter the United 
States for any other purpose must do so at a staffed Port-of-Entry. 
Persons aboard a vessel which has crossed the international boundary 
between the United States and Canada and who do not intend to land in 
the United States, other than at a staffed Port-of-Entry, are not 
required to be in possession of Form I-68 or evidence of enrollment in 
an Alternative Inspections program merely because they have crossed the 
international boundary. However, the Service retains the right to 
conduct inspections or examinations of all persons applying for 
admission or readmission to or seeking transit through the United 
States in accordance with the Act.
    (1) Application. An eligible applicant may apply for a Canadian 
Border Boat Landing Permit by completing the Form I-68 in triplicate. 
Application forms will be made readily available through the Internet, 
from a Service office, or by mail. A family may apply on a single 
application. For the purposes of this paragraph, a family is defined as 
a husband, wife, unmarried children under the age of 21, and the 
parents of either husband or wife, who reside at the same address. In 
order for the I-68 application to be considered complete, it must be 
accompanied by the following:
    (i) For each person included on the application, evidence of 
citizenship, and, if not a citizen of the Untied States or Canada, 
evidence of legal permanent resident status in either the United States 
or Canada. Evidence of residency must be submitted by all applicants. 
It is not required that all persons on the application be of the same 
nationality; however, they must all be individually eligible to 
participate in this program.
    (ii) If multiple members of a family, as defined in paragraph 
(e)(1) of this section, are included on a single application, evidence 
of the familial relationship.
    (iii) A fee as prescribed in Sec. 103.7(b)(1) of this chapter.
    (iv) A copy of any previously approved Form I-68.
    (v) A landed immigrant of Canada who does not have a common 
nationality with nationals of Canada must also present a valid, 
unexpired, Form I-94 endorsed for multiple entries to the United 
States, his or her passport, and United States visa.
    (2) Submission of Form I-68. Except as indicated in this paragraph, 
Form I-68 shall be properly completed and submitted in person, along 
with the documentary evidence and the required fee as specified in 
Sec. 103.7(b)(1) of this chapter, to a United States immigration 
officer at a Canadian border Port-of-Entry located within the district 
having jurisdiction over the applicant's residence or intended place of 
landing. Persons previously granted Form I-68 approval may apply by 
mail to the issuing Service office for renewal if a copy of the 
previous Form I-68 is included in the application. At the discretion of 
the district director concerned, any applicant for renewal of Form I-68 
may be required to appear for an interview in person if the applicant 
does not appear to be clearly eligible for renewal.
    (3) Denial of Form I-68. If the applicant has committed a violation 
of any immigration or customs regulation or, in the case of an alien, 
is inadmissible to the United States, approval of the Form I-68 shall 
be denied. However, if, in the exercise of discretion, the district 
director waives under section 212(d)(3) of the Act all applicable 
grounds of inadmissibility, the I-68 application may be approved for 
such non-citizens. If the Form I-68 application is denied, the 
applicant shall be given written notice of and the reasons for the 
denial by letter from the district director. There is no appeal from 
the denial of the Form I-68 application, but the denial is without 
prejudice to a subsequent application for this program or any other 
Service benefit, except that the applicant may not submit a subsequent 
Form I-68 application for 90 days after the date of the last denial.
    (4) Validity. Form I-68 shall be valid for 1 year from the date of 
issuance, or until revoked or voided by the Service, except that in the 
case of a Form I-68 issued to a landed immigrant of Canada who does not 
have a common nationality with nationals of Canada, such Form I-68 
shall not be valid for longer than the validity of the applicant's Form 
I-94.
    (5) Conditions for participation in the I-68 program. Upon being 
inspected and positively identified by an immigration officer and found 
admissible and eligible for participation in the I-68 program, a 
participant must agree to abide by the following conditions:
    (i) Form I-68 may be used only when entering the United States by 
means of a vessel exclusively used for pleasure, including chartered 
vessels when such vessel has been chartered by an approved Form I-68 
holder. When used by a person who is a not a citizen or a lawful 
permanent resident of the United States, admission shall be for a 
period not to exceed 72 hours to visit within 25 miles of the shore 
line along the northern border of the United States, including the 
shore line of Lake Michigan and Puget Sound.
    (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 must also be in possession of a 
valid, unexpired, Form I-94 endorsed for multiple entries to the United 
States, a valid passport, and United States visa.
    (iii) Participants may not import merchandise or transport 
controlled or restricted items while entering the United States under 
this program. The entry of any merchandise or goods must be in 
accordance with the laws and regulations of all Federal Inspection 
Services.
    (iv) Participants must agree to random checks or inspections that 
may be conducted by the Service, at any time and at any location, to 
ensure compliance.
    (v) Participants must abide by all Federal, state, and local laws 
regarding the importation of alcohol or agricultural products or the 
importation or possession of controlled substances as defined in 
section 101 of the Controlled Substance Act (21 U.S.C. 802).

[[Page 47753]]

    (vi) Participants acknowledge that all devices, decals, cards, or 
other Federal Government supplied identification or technology used to 
identify or inspect persons or vessels seeking entry via this program 
remain the property of the United States Government at all times, and 
must be surrendered upon request by a Border Patrol Agent or any other 
officer of a Federal Inspection Service.
    (vii) The captain, charterer, master, or owner (if aboard) of each 
vessel bringing persons into the United States is responsible for 
determining that all persons aboard the vessel are in possession of a 
valid, unexpired Form I-68 or other evidence of participation in a 
Service Alternative Inspections program (INSPASS or PORTPASS) prior to 
entry into the territorial waters of the United States. If any person 
on board is not in possession of such evidence, the captain, charterer, 
master, or owner must transport such person to a staffed United States 
Port-of-Entry for an in-person immigration inspection.
    (6) Revocation. The district director, the chief patrol agent, or 
their designated representatives may revoke the designation of any 
participant who violates any condition of this program, as contained in 
paragraph (e)(5) of this section, or who has violated any immigration 
law or regulation, or a law or regulation of the United States Customs 
Service or other Federal Inspection Service, has abandoned his or her 
residence in the United States or Canada, is inadmissible to the United 
States, or who is otherwise determined by an immigration officer to be 
ineligible for continued participation in this program. Such persons 
may be subject to other applicable sanctions, such as criminal and/or 
administrative prosecution or deportation, as well as possible seizure 
of goods and/or vessels. If permission to participate is revoked, a 
written request to the district director for restoration of permission 
to participate may be made. The district director will notify the 
person of his or her decision and the reasons therefore in writing.
    (7) Compliance checking. Participation in this program does not 
relieve the holder from responsibility to comply with all other aspects 
of United States Immigration, Customs, or other Federal inspection 
service laws or regulations. To prevent abuse, the United States 
Immigration and Naturalization Service retains the right to conduct 
inspections or examinations of all persons applying for admission or 
readmission to or seeking transit through the United States in 
accordance with the Immigration and Nationality Act.
* * * * *
    Dated: July 30, 1997.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 97-24124 Filed 9-10-97; 8:45 am]
BILLING CODE 4410-10-M