Canadian Border Boat Landing Program

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

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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

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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