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

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103, 212, 217, 235, 264, 286

[INS No. 1603-93]

RIN 1115-AD30

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

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

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SUMMARY: This rule amends the regulations to allow the Immigration

[[Page 40065]]

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

processing and issuance of specified documents at land border Ports-of-

Entry (POEs). The fees are necessary to cover the costs of providing

these services which benefit certain applicants at land border POEs.

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.

EFFECTIVE DATE: October 9, 1995.

FOR FURTHER INFORMATION CONTACT:

Marie De Soto, Assistant Chief Inspector, Inspections Division,

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

Washington, DC 20536, telephone (202) 514-1798.

SUPPLEMENTARY INFORMATION:

General

The Service published a proposed rule on April 12, 1994, at 59 FR

17283, to amend the regulations to allow the Service to charge a fee

for processing and issuing specified documents at land border Ports-or-

Entry (POEs). Consistent with 31 U.S.C. 9701 and OMB Circular A-25,

User Charges, the proposed rule identified application services that

currently are provided free-of-charge and for which it would be

appropriate to impose a fee. The services identified are tasks commonly

performed in secondary inspection such as examining documents,

conducting record checks, and interviewing applicants in order to issue

permits for extended stays in the United States. In addition, the

services provides to applicants-for-admission at POEs, border crossing

cards and boating permits; documents that may require extensive

interviews, record checks, document production, and other time-

consuming paperwork. Specifically, the proposed rule included fees for

the processing of Form I-94, Arrival/Departure Record; Form 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 (CBCC); and Form I-190, Application for Nonresident Alien

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

Nonresident Alien Border Crossing Card (BCC), Form I-586.

All interested parties were invited to submit comments on the

proposed rule by June 13, 1994. The Service received 22 comments and

considered each of the comments in preparing the final rule. Commenters

included private individuals, Chambers of Commerce, local government

representatives, small business owners, members of Congress, and

Service employees. Since most discussed several issues, the total

number of comments exceeds the number of persons who commented.

Discussion of Comments

Support for Fees

Eight of the commenters expressed general support for fees for

services, with recommendations that the revenues be used to address the

illegal immigration problem in the United States. The fees were set to

recover only the costs associated with providing the document-

processing services and related benefits to certain land border

crossing applicants. The revenues generated by these fees are to be

used for the purpose of funding the costs incurred to provide these

application processing services. It is anticipated that the

implementation of the fees-for-services charge will enable the Service

to improve inspection services at the land border. Once the fee

revenues are available, appropriated resources formerly allocated to

fund these document-processing services may be redirected to augment

staffing of vehicle and pedestrian traffic lanes at land border Ports-

of-Entry. The resulting benefit would be improved facilitation of

traffic through the POEs.

One commenter proposed that in addition to charging for the Form I-

190 to replace a lost, stolen, or mutilated Form I-586, a $4.00 fee be

imposed for a temporary border crossing card pending issuance of the

Form I-586. Another commenter suggested that the fee for the Form I-68

should be higher and that a $25.00 charge was more appropriate and

comparable with a Canadian fee for inspecting United States boats.

While the Service recognizes the concerns of the commenters, any

additional fees beyond those that were in the proposed rule would have

to be the subject of a separate rule. Increasing the fee for the Form

I-68 from $16.00 to $25.00 would not be consistent with Federal user

fee statutes and regulations which require that the fee be set to

recover the full costs of providing the services. A cost analysis of

the services provided, including the indirect costs associated with

these services, resulted in the fees, as established. The Service will

conduct periodic reviews of the fees, changes to issuance procedures,

and methods used in determining fees and, when warranted, adjustments

to the fees will be made.

Justification for Fees

Two commenters suggested that the Government should be required to

provide service to the public, and that to charge individuals for that

service is not necessary or warranted. On the contrary, the Federal

user fee statute (31 U.S.C. 9701) and regulations 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. In July 1993, the Office of the Inspector General

completed an audit of services performed and special benefits provided

by the Service. This audit disclosed a number of services currently

being provided free-of-charge by the Service for which it would be

appropriate to impose a fee including the Canadian Border Boat Landing

Permit, Form I-68, and applications for Border Crossing Cards, Forms I-

190 and I-175. The audit concluded that the Service was not in

compliance with OMB directives with regard to these services, and that

failure to collect fees for services resulted in the cost being paid by

the general public out of the general fund appropriation. In an effort

to comply with federal directives, the Service determined which

services and benefits are currently provided without charge to certain

beneficiaries and for which it would be appropriate to impose a fee,

culminating in this rule.

Two commenters, objecting to the fee for Form I-68, stated that, if

boaters refuse to obtain Form I-68 because of the fee, the Service will

be forced to provide additional personnel and facilities where none

exist to inspect boaters upon arrival in the United States. However,

pursuant to 8 CFR 100.4, persons entering the United States may only

present themselves to an immigration officer at those ports designated

as Class A Ports-of-Entry at a time when the port is open for

inspection.

The I-68 provision is the only exception to this reporting

requirement. The provision extends to boaters the opportunity of

recreational boating without reporting for inspection during each

outing. A boater who refuses to obtain Form I-68 is otherwise required

to expend the time, expense, and effort to report to an open, staffed

POE.

The I-68 is clearly a specific benefit that the Service provides to

an identifiable recipient, as defined by

[[Page 40066]]

Federal user fee statute and OMB Circular A-25, User Charges. It is a

benefit for which the Service is required to charge a fee. However,

participation in the I-68 program is voluntary.

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. The Service's districts mount

publicity campaigns to educate boaters about these requirements. The

purpose of the Form I-68 fee is to recover the costs of providing these

services and this special benefit to boaters, since funding is

insufficient for additional personnel and new facilities, and there are

no other resources available to support port expansion.

Use of Revenues

One commenter expressed concern that there was no guarantee that

the money generated from these collections would be applied to efforts

to deal with illegal immigration. The Service recognizes the concern of

the commenter; however, consistent with the mission of the Service,

inspectors at POEs have a very important dual role: that of

facilitating the entry of bona fide applicants-for-admission, and that

of enforcing the immigration laws by detecting inadmissible applicants

and those attempting entry by fraud. The Service will use the revenue

generated from the fees contained in this rule to fund the costs

incurred to improve the secondary application-processing services

provided at land border POEs. Consequently, the Service intends to

devote appropriated resources formerly expended for secondary

application-processing services to staffing of vehicle and pedestrian

traffic lanes at land border Ports-of-Entry. This overall increase in

resources will allow the Service to better meet its mission of

facilitating the entry of bona fide applicants-for-admission, providing

better service to the traveling public at land border POEs, and

enforcing the immigration laws by detecting inadmissible applicants and

those attempting entry fraud.

Another commenter stated that the income should return to the port

where it was generated. The fees have been set, to recover not only

costs incurred directly at ports, but also costs--both direct and

indirect--incurred by the Service for services provided to applicants-

for-admission at land border POEs in connection with the six

application forms described in this rule. Among the costs identified

are a portion of the salaries and expenses of the port inspectors, the

cost of training the inspectors, data processing, production of forms

and documents, safeguarding and accounting for the fees collected, and

performing record and background checks. Consequently, the fees

collected pursuant to this rule are to be used to offset the cost to

all Service components, including ports, of providing these

application-processing service at all land border POEs. The Service has

developed a comprehensive staffing model geared to the unique

requirements of land border facilities which incorporates data from

each land border POE on vehicle and pedestrian traffic, projected

growth, facility expansion, and other items affecting inspection

service. Using the model, the Service will be able to properly allocate

resources.

Northern and Southern Border Disparities

One commenter wondered why fees are only being charged to those who

cross the United States-Mexico border, and not to those who cross from

Canada or travel by air from other countries. The fees described in

this rule affect land border crossers at both the northern and southern

borders. Two of the six forms for which fees are charged, the Form I-94

and the Form I-94W, are alien control documents issued to nonimmigrant

aliens of any nationality who seek admission to the United States at

either the northern or southern border. Fees for the two border

crossing documents are the Form I-190, Application for Nonresident

Alien Mexican Border Crossing Card, and the Form I-175, Application for

Nonresident Alien Canadian Border Crossing Card. The remaining two fees

are for the issuance of permits which, in the case of the Form I-444,

Mexican Border Visitors Permit, is beneficial only to Mexican

nationals, and in the case of the Form I-68, Canadian Border Boat

Landing Permit, benefits Canadians, United States citizens, and other

qualified applicants. This rule applies only to land border crossers;

however, air travelers arriving at air POEs currently pay a fee.

Two commenters questioned the inequity of requiring the issuance of

BCCs for Mexican nationals but not for Canadians. The differences in

documentary requirements between Mexican and Canadian nationals are

complex, far-reaching, and beyond the scope of this rule. Generally,

nonimmigrant visa requirements imposed upon aliens of certain countries

are based on treaties and the corresponding regulations of both the

Department of State and the Service. Under the existing provisions,

Canadian nationals are, for most nonimmigrant categories, visa-exempt

while Mexican nationals are not exempt. A BCC is an acceptable form of

documentation, but it is not a required document. When entering the

United States across a land border, the BCC generally provides a

greater convenience to the holder than a regular nonimmigrant visa

because a passport is not necessary. The issuance of BCC's is a benefit

that the Service elects to provide to nonimmigrants who routinely cross

the border. The Form I-586, Nonresident Alien Mexican Border Crossing

Card, offers the same privileges as the nonimmigrant visa for a Mexican

national seeking entry as a visitor for business (B-1) or pleasure (B-

2). Alternatively, a Mexican national may apply, without charge, to an

American Consulate in Mexico for a nonimmigrant visa.

Four commenters stated that implementation of a fee for Form I-68

will have an adverse impact on relations with our Canadian neighbors;

however, none of the commenters explained in exactly what way this

would interfere with good relations. Since the Canadian Government also

plans to implement fees for many of the services it provides, an

element of reciprocity exists, and there is no clear, disparate

treatment on either side of the border.

Economic Impact of Fees

One commenter stated that user fees are inconsistent with the

intent of the North American Free-Trade Agreement (NAFTA) to eliminate

barriers to trade, and two commenters stated that fees would have a

negative impact on the economies of the communities along the southern

border. Facilitation of travel between NAFTA countries is of great

concern to the Service. Traffic congestion at POEs, where vehicles

sometimes wait hours to cross the border, costs local economies

tremendous amounts of revenue in lost time and productivity, as well as

severely impacting the environment. One way that this congestion can be

alleviated is though additional personnel and the implementation of

automated technology to expedite the services provided. Individuals

traveling within 25 miles of the southern border area for short periods

of time will not be affected by the fees. Only those traveling more

than 25 miles or staying for longer than 72 hours will require issuance

of an entry permit and payment of a fee. The revenues collected will

allow the Service to recover the costs for providing the services.

Article 1603.4 of the NAFTA states that each party shall limit any fees

for processing applications for temporary entry of business persons to

[[Page 40067]]

the approximate costs of services rendered. Therefore, the Service

believes that these fees are not inconsistent with the terms of the

NAFTA.

Three commenters felt that imposition of a fee for Form I-68 would

cause economic hardship to the communities along the United States/

Canada border. The Service does not agree with the comment and believes

that the annual fee is nominal for the benefit that is derived. The

Service is required to recover the costs of providing this benefit

inasmuch as the Federal user fee statute and regulations require that

recipients of special benefits bear the costs associated with providing

the specific services. The Service does not expect the fee to

significantly deter boaters from obtaining a permit so they may land

and enjoy the amenities offered in nearby communities.

Reasonableness of Fee

Two commenters stated that the fee for Form I-68 will impose an

economic burden on the individuals requiring the form, who already pay

many other taxes and fees, and one commenter felt the fee was

unreasonable. The fees included in this rule are not excessive, and are

considerably lower than many similar fees charged by Federal, state,

and local governments for similar services.

Most of the fees, once paid, allow the applicant to avail him or

herself of the benefit for an extended period of time. The CBCC, at

$30, is currently valid indefinitely, and the replacement BCC, at $26,

is valid for 10 years. The Form I-68, at $16, allows entry for 1 year,

and the Form I-94W at $6, is issued for a period of 90 days. The Form

I-94, depending on the nonimmigrant classification under which the

applicant is entering, may be valid for years, with the normal visitor

for pleasure being granted a minimum of 6 months for a fee of $6. The

Form I-444, with a fee of $4, may be issued for a period not to exceed

30 days.

In addition, the Service has adopted a family cap. Formerly, Forms

I-444 and I-68 allowed multiple family members, and unrelated

individuals traveling in a group, to apply on one form. The family cap

essentially allows children the benefit without a fee so as not to

impose an undue burden on families traveling across the southern border

for short periods of time, and on families enjoying recreational

boating along the northern border.

As stated previously, the fees were determined by an analysis of

document-processing services and associated costs, and are calculated

to recover the direct and indirect costs to the Service of providing

these special services and benefits.

One commenter stated that there is no reason for a United States

citizen to pay to obtain Form I-68, since there is no penalty for

failure to report for immigration purposes, and that those who do

obtain Form I-68 do so only to appear to comply with a non-existent

immigration inspection requirement. Although United States citizens are

not subject to the immigration laws, the regulations at 8 CFR 235.1

require that application to enter the United States must be made in

person to an immigration officer at a United States POE at a time when

the port is open for inspection. This section also states that a person

claiming United States citizenship must establish that fact to the

examining immigration officer. That is why United States citizens are

specifically included in the I-68 regulations. While criminal

prosecution, loss of citizenship, or deportation will not apply to a

United States citizen who has not complied with inspection

requirements, the potential inconvenience in establishing that he or

she is not subject to the immigration laws if encountered by Service

enforcement officers may prove to be significant to most law-abiding

boaters and render obtaining the I-68 worthwhile.

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. 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.

Executive Order 12866

This rule is considered by the Department of Justice, Immigration

and Naturalization Service, to be a ``significant regulatory action''

under E.O. 12866, section 3(f), Regulatory Planning and Review.

Although this rule requires user fees, the fees are necessary to

recover the cost to the Federal Government for processing and issuing

specified documents at United States land border Ports-of-Entry for

business and pleasure. Title 31 U.S.C. and OMB Circular A-25 require

that recipients bear the cost of receiving special benefits. As such, a

cost analysis of the INS services provided and associated indirect cost

resulted in the fees established herein, which are consistent with

Federal user fee statutes and regulations and do not exceed the full

cost that may be recovered by the Service.

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 addressed this rule in light of the criteria in

Executive Order 12606 and has determined that it will have no effect on

family well-being.

Paperwork Reduction Act

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(s) are contained in 8 CFR 299.5, Display of Control

Numbers.

List of Subjects

8 CFR Part 103

Administrative practice and procedures, 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 amended as follows:

[[Page 40068]]

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, unmarried

children under 21 years of age, parents of either husband or wife)

shall be $32.00.

* * * * *

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

border Port-of-Entry--$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-190. 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 5-state

area of Arizona, California, Nevada, New Mexico, or Texas--$4.00.

The maximum amount payable by a family (husband, wife, children

under 21 years of age, and parents of either husband or wife) 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 show 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 continues to read as

follows:

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

1226, 1227, 1228, and 1252.

Sec. 235.1 [Amended]

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. Each nonimmigrant alien, except as indicated

below, who is admitted to the United States shall be issued a

completely executed Form I-94 which must be endorsed to show: Date and

place of admission, period of admission, and nonimmigrant

classification. A nonimmigrant alien who will be making frequent

entries into the United States over its land borders may be issued a

Form I-94 which is valid for any number of entries during the validity

of the form. 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 with the classification TN (Trade, North

American Free Trade Agreement (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 noted 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 by:

* * * * *

(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 for Form I-94 when it is issued for

the purpose of paroling an alien into the United States.

(g) Mexican Border Visitors 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 5-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 as prescribed under

Sec. 103.7(b)(1) of this chapter shall be charged for each applicant,

or until the family cap is reached.

* * * * *

[[Page 40069]]

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. A new Sec. 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 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) A citizen or lawful permanent resident alien of the United

States, Canadian national, or lawful permanent resident of Canada

having a common nationality with Canadians, who requests 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 lawful permanent resident of Canada

having a common nationality with nationals of 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: May 23, 1995.

Doris Meissner,

Commissioner, Immigration and Naturalization Service.

[FR Doc. 95-19303 Filed 8-4-95; 8:45 am]

BILLING CODE 4410-10-M