Preinspection Services for Aircraft, Vessels, and Trains Outside the United States

SUMMARY: This rule proposes to amend the Immigration and Naturalization

Service's (the Service) regulations by expanding the Service's

preinspection program to permit preinspection of passengers coming from

places other than foreign contiguous territory and adjacent islands.

This proposed rule would also permit the preinspection of railroad

passengers. These proposed actions will facilitate travel to the United

States.

DATES: Written comments must be submitted on or before June 19, 1995.

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 proper handling please reference INS number 1698-95 on

your correspondence.

FOR FURTHER INFORMATION CONTACT:

Una Brien, Assistant Chief Inspector, Office of Inspections, 425 I

Street, NW., Room 7228, Washington, DC 20536, telephone (202) 514-2681.

SUPPLEMENTARY INFORMATION: Preinspection is the procedure whereby the

Service conducts, in the host country, inspection of passengers and

crewmembers as required by United States immigration and public health

laws and regulations for entry into the United States. First

established at Toronto, Canada, in 1952, preinspection services are

currently provided at 10 different sites. However, current regulations

only address preinspection of aircraft and vessels in contiguous

territory and adjacent islands (8 CFR part 235.5). This proposed rule

would amend current regulations by allowing preinspection in any

foreign territory, not just contiguous territory and adjacent islands.

This proposed rule also provides for the preinspection of passengers on

trains. Since the scope of this rule is primarily administrative in

nature, and because these proposed changes will provide a benefit to

both the travelling public and the travel industry, the Service would

like to implement the program as expeditiously as possible. Therefore,

the comment period has been limited to 30 days.

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 this rule

will not have a significant economic impact on a substantial number of

small entities. The Service's inspection and examination of persons in

order to determine their admissibility to the United States is required

by statute. Preinspection provides inspectional services in foreign

airports outside the United States, is instituted at the request of the

host government, and is considered a benefit because it facilitates

passengers' admission into the United States.

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 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 assessed this rule in light of the criteria in

Executive Order 12606 and has determined that this regulation will not

have an impact on family well-being.

List of Subjects in 8 CFR Part 235

Administrative practice and procedures, Air carriers, Aliens,

Immigration, Reporting and record keeping requirements.

Accordingly, part 235 of chapter I of title 8 of the Code of

Federal Regulations is proposed to be 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.

2. In Sec. 235.5, paragraph (b) is revised to read as follows:

Sec. 235.5 Preinspection.

* * * * *

(b) In Foreign territory. In the case of any aircraft, vessel, or

train proceeding directly, without stopping, from a port or place in

foreign territory to a Port-of-Entry in the United States, the

examination and inspection of passengers and crew required by the Act

and final determination of admissibility may be made immediately prior

to such departure at the port or place in foreign territory and shall

have the same effect under the Act as though made at the destined Port-

of-Entry in the United States.

Dated: April 10, 1995.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 95-12271 Filed 5-17-95; 8:45 am]

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