[Federal Register Volume 64, Number 129 (Wednesday, July 7, 1999)]
[Rules and Regulations]
[Pages 36559-36561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17101]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 129 / Wednesday, July 7, 1999 / Rules 
and Regulations  

[[Page 36559]]


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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: Final rule.

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SUMMARY: Immigration and Naturalization Service (Service) published an 
interim rule in the Federal Register on September 11, 1997, which 
amended the regulations to clarify and standardize procedures for the 
application, issuance, and use of Form I-68, Canadian Border Boat 
Landing Card. This rule adopts the interim rule as final with two minor 
changes. The first change clarifies that a Visa Waiver Pilot Program 
(VWPP) national participating in the I-68 program need not obtain or 
have a visa, provided that he or she is in possession of a valid 
unexpired I-94W and the Form I-68. This change is consistent with the 
requirements for entry into the United States by a VWPP participant. 
The second change provides that the Form I-68 is valid for 1 year 
regardless of the length of validity of an applicant's Form I-94 or I-
94W.

DATES: This final rule is effective August 6, 1999.

FOR FURTHER INFORMATION CONTACT:
Jennifer Sava, Assistant Chief Inspector, Inspections Division, 
Immigration and Naturalization Service, 425 I Street, NW, Room 4057, 
Washington, DC 20536, telephone (202) 307-1942.

SUPPLEMENTARY INFORMATION: 

Background

    In general, the Service regulations at 8 CFR 235.1(a) require that 
an application for entry into 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.
    On August 7, 1995, the Service published a final rule in the 
Federal Register at 60 FR 40064, establishing a fee of $16 per 
individual with a family cap of $32 for applying to participate in the 
I-68 program. 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.
    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 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 on August 13, 1996, in Alexandra, Virginia. 
Numerous suggestions for improving the program were received and were 
incorporated into an interim rule that was published in the Federal 
Register on September 11, 1997, at 62 FR 47749.
    The interim rule amended the regulations to allow:
    (1) Boaters to enter the United States for pleasure for brief 
visits which do not exceed 72 hours in duration to travel within 25 
miles of the shoreline area along the northern border of the United 
States.
    (2) Persons who are renewing a valid permit to do so by mail;
    (30 Persons who are enrolled in one of the Service's Alternative 
Inspection programs to be automatically included in the I-68 program 
without requiring an additional application or fee; and
    (4) The inclusion in the program of landed immigrants of Canada, 
who are not citizens of British Commonwealth Countries, provided they 
are nationals of a country designated for participation in the VWPP and 
are in possession of a valid, unexpired passport issued by their 
country of nationality, an unexpired United States visa, and a valid 
multiple entry 1-94 to the United States.
    The interim rule included a request for comments by November 10, 
1997. The Service received one response concerning several issues in 
the interim rule. The following is a discussion of the comment and the 
Service's response.

Discussion of Comment

Fees

    The commenter wanted to abandon the cost associated with obtaining 
the Form I-68. 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. Accordingly, the 
fee for the I-68 will be retained in the final rule.

Difficulty in Obtaining Permit

    The commenter states that obtaining the permit is difficult. The 
Service disagrees. 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. In addition, the Service's districts 
mount publicity campaigns to educate boaters about these requirements. 
The Service has further reduced this burden by allowing a person to 
renew a valid permit by mail. Application forms are available by mail 
to the public. Applicants may call 1-800-870-3676 to obtain Form I-68. 
The I-68 application forms are also available at the INS Home Page on 
the World Wide Web at http://www.ins.usdoj.gov. Further, the Service 
has reduced the burden on the public by considering those persons who 
are enrolled in one of the Service's Alternative Inspections programs 
such

[[Page 36560]]

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 additional application or fee.

Using a Cost-Free Telephone Reporting Requirement

    The commenter also suggested the use of a cost-free telephone 
reporting system for boaters entering the United States. Telephonic 
inspections, which are allowed by Customs Service regulations to 
satisfy their reporting requirements, are not authorized by Service 
Regulations. The Service requires that every person entering the United 
States must be inspected in a manner that includes face-to-face 
interaction with an immigration officer or verification of biometric 
information of the applicant for admission. The Service has developed a 
videophone reporting system which meets these requirements that may 
serve as an alternative to the I-68 program. The purpose of the 
videophone inspection program is to facilitate international border 
crossing by providing a convenient and cost effective means of 
reporting to the Service. The Service has implemented videophones at 
several sites in New York, Michigan, Ohio, and Pennsylvania. The 
Service may consider expansion to other sites after this reporting 
system for boaters is evaluated, and if it is shown to be efficient.

Changes in the Final Rule

    In reviewing the interim rule, the Service has determined that the 
requirement that I-68 program participants who do not share a common 
nationality with Canadian nationals, but who are nationals of 
designated VWPP countries, must have a unexpired visa, is not 
consistent with the general admission requirements for VWPP nationals 
seeking admission into the United States as VMPP participants. The VWPP 
allows nationals from designated countries, who are otherwise 
admissible, to visit the United States for up to 90 days for business 
or pleasure without obtaining a nonimmigrant visa. To be eligible to 
participate in the I-68 program as a landed Canadian immigrant who is 
also a VWPP national, the alien must first apply for admission as a 
VWPP alien at a designed 24/hour staffed Class A POE. If admitted to 
the United States under the VWPP at a land border POE, the alien will 
be issued a multiple entry, arrival/departure Form I-94W. At any time 
during the 90-day validity period of the I-94W, the VWPP national may 
enter the United States pursuant to the Canadian Boat Landing Program 
provided that he or she is in possession of the valid, endorsed, 
unexpired I-94W, as well the Form I-68. The interim rule stated that 
Form I-68 shall not be valid for a period longer than the validity of 
the applicant's Form I-94. The final rule has been amended, however, to 
state that Form I-68 is valid for 1 year in all cases. It should be 
noted that once the Form I-94 or I-94W expires, the applicant must once 
again formally apply for admission at a staffed Class A POE.
    Alternatively, a landed immigrant of Canada who is a national of a 
VWPP country may apply for a nonimmigrant visa, such as a B-2 which is 
issued to temporary visitors for pleasure, rather than apply for 
admission under the VWPP. The visa, if approved, would authorize a 
period of stay in the United States longer than that allowed under the 
VWPP. Such an alien may participate in the Canadian Boat Landing 
Program provided that he or she is in possession of the unexpired visa, 
a valid Form I-94, and a Form I-68 upon each subsequent entry under the 
program.
    Accordingly, the final regulation has been amended to clarify that 
an I-68 participant who is a VWPP national, but who was not previously 
admitted under the VWPP and issued a multiple entry I-94W, must be in 
possession of a non-immigrant visa each time he or she uses the 
Canadian Boat Landing Program to enter the United States. Regardless of 
whether such a landed immigrant has been admitted via the VWPP or on a 
nonimmigrant visa, he or she must be in possession of a Form I-68, 
valid passport, and a valid, unexpired multiple entry Form I-94 or I-
94W.

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. This rule merely finalizes an interim rule which was 
published in the Federal Register on September 11, 1997. The interim 
rule was developed and issued after the Service conducted meetings with 
members of the boating community, other Federal inspection and 
enforcement agencies, congressional staffers, and representatives of 
the Canadian Government. The intent of the interim and this final rule 
are to simplify the application process, and standardize the issuance 
and use of Form I-68. This final rule imposes 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

    This rule meets the applicable standards set forth in sections 3(a) 
and 3(b)(2) of Executive Order 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 1 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 rule does not impose any new reporting or recordkeeping

[[Page 36561]]

requirements. This 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, the interim rule amending 8 CFR part 235 which was 
published at 62 FR 47749 on September 11, 1997, is adopted as a final 
rule with the following changes:

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. Section 235.1 is amended by:
    a. Revising the third sentence in paragraph (e) introductory text;
    b. Revising paragraph (e)(1)(v);
    c. Revising paragraph (e)(4); and by
    d. Revising paragraph (e)(5)(ii), to read as follows:


Sec. 235.1  Scope of examination.

* * * * *
    (e) * * * Landed immigrants of Canada who do not share a common 
nationality with nationals of Canada, but who are nationals of a 
designated country listed in Sec. 217.2(a) of this chapter (Visa Waiver 
Pilot Program) must be in possession of a valid, unexpired passport 
issued by his or her country of nationality, and an unexpired multiple 
entry Form I-94 or I-94W, Nonimmigrant Visa Waiver Arrival/Departure 
Form, and a valid unexpired United States visa (if the alien is not in 
possession of a valid unexpired Form I-94W). * * *
    (1) * * *
    (v) A landed immigrant of Canada who does not have a common 
nationality with nationals of Canada, but who is a national of a 
designated country listed in Sec. 217.2(a) of this chapter (Visa Waiver 
Pilot Program) must also present his or her passport, a valid unexpired 
multiple entry Form I-94 or I-94W and valid, unexpired nonimmigrant 
visa if he or she is not in possession of a valid, unexpired multiple 
entry Form I-94W. Such a landed immigrant of Canada may apply for 
admission simultaneously with the I-68 application and thereby obtain a 
Form I-94 or I-94W.
* * * * *
    (4) Validity. Form I-68 shall be valid for 1 year from the date of 
issuance, or until revoked or violated by the Service.
    (5) * * *
    (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, but who are nationals of a 
designated country listed in Sec. 217.2(a) of this chapter must also be 
in possession of proper documentation as described in paragraph (e) of 
this section.
* * * * *
    Dated: June 30, 1999.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 99-17101 Filed 7-6-99; 8:45 am]
BILLING CODE 4410-10-M