Charging of Fees for Services at Land Border Ports-of-Entry

SUMMARY: This rule proposes to amend the regulations to allow the

Immigration and Naturalization Service (the Service) to charge a fee

for the processing and issuance of specified documents at land border

Ports-of-Entry (POEs). Consistent with Federal user fee statutes and

regulations, the Service has identified services that are currently

provided free of charge and for which it would be appropriate to impose

a fee. 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.

DATES: Written comments must be submitted on or before June 13, 1994.

ADDRESSES: Please submit written comments, in triplicate, to the

Records Systems Division, Director, Policy Directives and Instructions

Branch, Immigration and Naturalization Service, 425 I Street NW., room

5307, Washington, DC 20536. Please include INS number 1603-93 on the

mailing envelope to ensure proper and timely handling.

FOR FURTHER INFORMATION CONTACT:

Linda Loveless, Assistant Chief Inspector, Inspections Division,

Immigration and Naturalization Service, 425 I Street NW., room 7228,

Washington, DC 20536, telephone (202) 616-7489.

SUPPLEMENTARY INFORMATION: Traffic at land border POEs has continued to

increase dramatically in recent years. During FY 1992, Immigration and

Customs inspectors at land border ports completed more than 475 million

inspections, representing an increase of over 50 million more

inspections than were completed in FY 1991. This growth in transborder

traffic has made it increasingly difficult to provide expeditious

service to the traveling public. Immigration laws require that all

applicants-for-admission at land border POEs undergo a brief interview

and preliminary screening in a primary vehicle or pedestrian lane.

Those found admissible are allowed to proceed without further delay.

Persons who do not appear to be immediately admissible, or who require

further processing or documentation, are referred for a secondary

inspection. Activities directly related to secondary inspection

include, among other duties, examining documents, conducting record

checks, and issuing permits for extended stays in the United States.

Additionally, those submitting applications for benefits, such as

border crossing cards and boating permits, often require extensive

interviews, as well as record checks, document production, and other

time-consuming paperwork.

Currently, appropriated funds are the major source of funding for

the staffing of land border POEs. This funding has not kept pace with

the increased workload at land border locations. Despite the increase

in traffic affecting inspection services, and resulting new

construction needed to expand the capacity of many land border POEs, no

substantial increase in appropriated fund has been received for land

border positions within the last ten years.

The Service has sought to identify those services that are

currently provided free of charge for which it would be appropriate to

impose a fee. Generation of sufficient revenue to recover the costs of

providing specific services, such as document-processing, is consistent

with the Federal user fee statute (31 U.S.C. 9701) and regulations

which 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. The specific application-

processing services provided by the Service in secondary inspection at

land border POEs result in the issuance of documents that are

beneficial to the specific user. Therefore, it is appropriate that fees

be charged to these users.

This rule proposes to permit the Service to impose a fee at land

border POEs for the processing of Form I-94, Arrival/Departure Record,

and 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; and Form I-190, Application for Nonresident Alien

Mexican Border Crossing Card, to replace a lost, stolen, or mutilated

Nonresident Alien Border Crossing Card, Form I-586.

Prior to development of this proposal, the total cost of providing

these specific services to the public was included as part of the total

Service budget and was not separately identified. The fees proposed in

this rule were determined by an analysis of document-processing

services and associated costs, and are calculated to recover the direct

and indirect costs to the government of providing these special

services and benefits. As the Service collects more detailed

information related to providing these specific services, refinements

to the cost base may be necessary.

These services and processes include, among other things,

interviewing applicants, determining validity of documents, conducting

background checks, verifying information, providing assistance to

complete application forms, issuing the appropriate documents, and the

administrative and support activities associated with providing these

services.

The appropriate fee for each application was primarily based on an

assessment of the amount of inspector direct labor devoted to

processing each type of application. To arrive at this assessment, the

Inspections Program obtained work hour information directly from

various INS field offices. The estimate derived from this survey was

then applied to the estimated volume of each type of application to

determine the total estimated inspector direct labor required for each

application. The number of supervisory inspector hours required was

determined by applying a standard ratio to the inspector direct labor

estimate. Resource levels for training, management, and administrative

support were determined based on the current ratio of these functions

to the areas to which they normally provide support. The associated

costs were calculated based on the level of support that would be

required to process each application. Other identifiable costs related

to a specific application, such as card production costs, were

calculated and applied to the specific application.

With the increase in transborder traffic, the demand for additional

resources at land border POEs has become critical. The collection of

fees will allow the Service to support the secondary application-

processing services provided at land border POEs without depending on

appropriated resources. Unlike appropriated funding, fluctuations in

fee revenues will correspond directly to fluctuations in workload.

Consequently, in the event workload increases, the level of fee

resources available to fund the processing of applications would

increase commensurately. It is anticipated that the imposition of the

fee-for-service charge will enable the Service to improve inspection

services at the land border. Once the fee revenues are available,

appropriated resources formerly allocated to provide these services may

be redirected to augment staffing of vehicle and pedestrian traffic

lanes. The resulting benefit would be improved facilitation of traffic

through the POE.

The specific forms for which fees are being proposed are as

follows:

Forms I-94 and I-94W are issued to record the entry of many

nonimmigrant aliens and serve as a form of alien registration. These

forms document the benefits of admission and permit the alien to travel

anywhere within the United States for a designated purpose and period

of time. Payment of a fee will not be required when an I-94 is issued

for the purpose of paroling an alien into the United States.

Form I-44 is issued in conjunction with presentation of a

Nonresident Alien Border Crossing Card (BCC) or nonimmigrant visitor's

visa by a Mexican national requesting entry as a visitor for business

or pleasure (B-1/B-2). This form is issued in lieu of, and serves a

similar purpose to, Form I-94, and is issued only to Mexican nationals

when they are traveling to the five-border-state area of Arizona,

California, Nevada, New Mexico, or Texas for a period not to exceed 30

days. Current procedure allows the inclusion of several persons on one

Form I-444. The proposed regulation will require a separate form with

fee for each individual; however, there is a family fee cap applicable

to a husband, wife, and minor children under 18 years of age.

Form I-68 may be issued to eligible United States and Canadian

citizens and residents to allow pleasure boaters, who have been

previously inspected and issued the form, to enter the United States by

small boat from Canada without the necessity of reporting for

inspection upon each entry. Considerable personnel resources and work

hours are spent each year in its issuance, including record checks and

INS outreach activities at boat shows, recreational clubs, and other

similar gatherings to facilitate registration in the program. This rule

also provides for the issuance of a Form I-68 for each individual,

rather than for each family group, although a family fee cap is

applicable to a husband, wife, and minor children under 18 years of

age.

Form I-185 (CBCC) is issued to Canadian citizens or lawful

permanent residents of Canada having a common nationality with Canada

and is intended to facilitate the entry of those individuals into the

United States. Since these groups are automatically waived passport and

visa requirements when crossing the border into the United States, Form

I-185 is normally issued in conjunction with an approved waiver of

excludability pursuant to section 212(d)(3)(B) of the Act. Form I-185

therefore serves as evidence of a long-term waiver of inadmissibility

for the holder of the document. Currently, no fee is charged for this

benefit, although each application requires substantial time to

adjudicate and provides a clear benefit to the applicant by eliminating

the need for a yearly waiver application.

Form I-586 (BCC), and its former version Form I-186, offer the same

privileges as the B-1/B-2 visa. The issuance of BCCs is a benefit which

the Service performs voluntarily. No law or regulation requires the

Service to issue this document, which is an extremely desirable benefit

to many Mexican nationals. Possession of the BCC allows access to the

area within 25 miles of the border for periods not to exceed 72 hours

without the need for further documentation upon each entry. With the

issuance of other documentation, the BCC also allows travel to all

parts of the United States without the need to obtain a nonimmigrant

visa and passport. The existing Agreement on Passports/Visas (Treaty)

between the United States and Mexico currently prohibits charging a fee

for the initial issuance of a BCC. However, the treaty does not

specifically preclude charging a fee for replacement cards. The

application process for replacement is identical to the application for

initial issuance, placing a significant demand on personnel resources.

Institution of a fee for the application for issuance of a replacement

Form I-586 will help to make the process financially self-supporting

and substantially expedite issuance of the card.

In accordance with 5 U.S.C. 605(b), the Commissioner of the

Immigration and Naturalization Service certifies that this rule will

not have a significant adverse 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. This rule is not significant

within the meaning of section 3(f) of Executive Order 12866, nor does

this rule have Federalism implications warranting the preparation of a

Federalism Assessment in accordance with Executive Order 12612.

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

List of Subjects

8 CFR Part 103

Administrative practice and procedure, 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 proposed to be 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, 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, and any minor children under 18

years of age) shall be $32.00.

* * * * *

Form I-94. For issuance of Arrival/Departure Record at a land

border Port-of-Entry under section 286 of the Act--$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-175. 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 five-state area of

Arizona, California, Nevada, New Mexico, or Texas--$4.00. The maximum

amount payable by a family (husband, wife, and any minor children under

18 years of age) 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 whom 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 is revised to read as

follows:

Authority: 8 U.S.C. 1101, 1103, 1182, 1183, 1201, 1224, 1225,

1226, 1227, 1228, and 1252.

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. Except as indicated in this paragraph, each

nonimmigrant alien who is admitted to the United States shall be issued

a completely executed Form I-94 (Arrival-Departure Record) endorsed to

show the alien's date and place of admission, the period of admission,

and the alien's nonimmigrant classification. The Form I-94 is valid for

applications for admission until it expires or will expire during the

alien's intended stay in the United States. A nonimmigrant alien who

will be making frequent entries into the United States over its land

borders may be issued a Form I-94 endorsed to reflect that it is valid

for multiple entries. 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 as a TN under the 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 notated 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 in the case of:

* * * * *

(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 when a Form I-94 is issued for the purpose of paroling an

alien into the United States.

(g) Mexican Border Visitor's 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 five-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 prescribed under Sec. 103.7(b)(1) of

this chapter shall be charged for each applicant.

* * * * *

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. Section 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 multiple-entry 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) Citizens or lawful permanent resident aliens of the United

States, Canadian citizens, and lawful permanent residents of Canada

having a common nationality with Canadians, who request 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 British subject permanently residing

in Canada and having a common nationality with 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: February 25, 1994.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 94-8717 Filed 4-11-94; 8:45 am]

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