PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

3. 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.

§ 235.1 [Amended]

4. In § 235.1, paragraph (a) is amended by:

(a) Adding the word "either" between the words "made" and "in person", and by

(b) Removing the period after the word "inspection" and adding the phrase "or as provided in § 235.13."

5. A new § 235.13 is added to read as follows:

§ 235.13 Automated inspection services.

(a) PORTPASS Program . (1) Definitions . (i) Port Passenger Accelerated Service System (PORTPASS) . A system in which certain ports-of-entry (POEs) are identified and designated by the Service as providing access to the United States for a group of identified, low-risk, border crossers. Participants in the PORTPASS program are inspected, identified, and screened in advance of approval for participation in the program by an immigration officer, and may apply to enter the United States through a dedicated commuter lane (DCL) or through an automated permit port (APP). Such advance inspection and identifi cation, when the enrolled participant also satisfies the conditions and requirements set forth in § 235.13(b), satisfies the reporting requirements of § 235.1(a). Each use of the PORTPASS system constitutes a separate application for entry by the program participant.

(ii) Automated Permit Port (APP) . A POE designated by the Service to provide access to the United States by an identified, low-risk, border crosser through the use of automation when the POE is not staffed. An APP has limited hours of operation and is located at a remote location on a land border. This program is limited to the northern border of the United States.

(iii) Dedicated Commuter Lane (DCL) . A special lane set apart from the normal flow of traffic at a busier land border POE which allows an accelerated inspection for identified, low-risk travelers. This program is limited to the northern border of the United States and the California-Mexico border.

(iv) System costs fee . A fee charged to participants to cover the cost of implementing the PORTPASS system.

(2) Designation of POEs for PORTPASS access . The following criteria shall be used by the Service in the selection of a POE if classifying that POE as having PORTPASS access under the pilot program:

(i) The location has an identifiable group of low-risk border crossers;

(ii) The institution of PORTPASS access will not significantly inhibit normal traffic flow;

(iii) The POE selected for access via a DCL has a sufficient number of Service personnel to perform primary and secondary inspection functions.

(3) General eligibility requirements for PORTPASS program applicants . Applicants must be citizens or lawful permanent residents of the United States, or other non-immigrants as determined eligible by the Commissioner of the Service. Non-United States citizens must meet all applicable documentary and entry eligibility requirements of the Act. Applicants must agree to furnish all information requested on the application, and must agree to terms set forth for use of the PORTPASS program. Notwithstanding the provisions of 8 CFR part 264, applicants may be required to submit fingerprints on Form FD-258 or in the manner prescribed by the Service for the purpose of determining eligibility for participation in the PORTPASS program.

(4) Application . (i) Application for PORTPASS access shall be made on Form I-823, Application--Inspections Facilitation Program. Applications may be submitted during regular working hours at the port-of-entry having jurisdiction over the port-of-entry for which the applicant requests access. Applications may also be submitted by mail. Each applicant must present himself or herself for inspection and positive identification prior to approval of the application. Each person seeking PORTPASS access must file a separate app lication."

(ii) Applications must be supported by evidence of citizenship, and, in the case of lawful permanent residents of the United States, evidence of legal permanent resident status in the United States. Evidence of residency must be submitted by all applicants. Alien applicants requiring a valid visa must be in possession of such documentation and any other documentation as required by the Act at the time of the application, at the time of each entry, and at all times while present in the United States.

(iii) A completed application must be accompanied by the fee as prescribed in § 103.7(b)(1) of this chapter. Each PORTPASS applicant 14 years of age or older must complete the application and pay the application fee. Applicants under the age of 14 will be required to complete the application, but will not be required to pay the application fee. The district director having jurisdiction over the POE where the applicant requests access may, in his or her discretion, waive the application fee.

(iv) Each vehicle registered by a PORTPASS participant must be inspected and approved by the Service prior to use in the PORTPASS system.

(v) An application may be denied in the discretion of the district director having jurisdiction over the POE where the applicant requests access. Notice of such denial shall be given to the applicant. There is no appeal from the denial, but denial is without prejudice to reapplying for this or any other Service benefit.

(vi) Applications approved by the Service will entitle the applicant to seek entry via a designated PORTPASS Program POE for a period of 1 year from the date of approval of the application unless approval is otherwise withdrawn.

(5) In addition to the conditions set forth in § 235.13(b), participants must agree to the following:

(i) The installation and/or use of any and all decals, devices, technology or other methodology deemed necessary by the Service to ensure inspection of the person(s) seeking entry through a DCL, in addition to any monetary deposit assessed by the Service pending return of any and all such decals, devices, technology, and other methodology in undamaged condition;

(ii) The payment of a system costs fee as determined by the Service as necessary to cover the costs of any and all decals, devices, technology, or other methodology used to identify and inspect persons seeking access through the DCL.

(6) The district director having jurisdiction over the POE where the participant has access may, in his or her discretion, waive the deposit and "system costs fee."

(b) Conditions for participation in the PORTPASS Program . Upon being inspected and positively identified by an immigration officer and found admissible and eligible for participation in the PORTPASS program, a participant in the PORTPASS program must agree to abide by the following conditions:

(1) APP-approved participants who wish to enter the United States through a POE other than one designated as an APP through which they may pass must present themselves for inspection or examination by an immigration officer during normal business hours. Entry to the United States during hours when an APP port is not staffed may be made only through a POE designated as an APP.

(2) Each occupant of a vehicle entering through a POE providing PORTPASS access must have applied for participation in the PORTPASS Program and must have been approved for that purpose.

(3) Participants must be in possession of any authorization documents issued for PORTPASS access and any other entry documents as required by the Act or by regulation at time of each entry to the United States.

(4) Participants must positively identify themselves in the manner prescribed by the Service at the time of each application for entry via the PORTPASS system. Each use of the PORTPASS system constitutes a separate application for entry to the United States.

(5) Participants must agree to an initial inspection of any vehicle prior to use of the PORTPASS access lane.

(6) Participants may not import merchandise or transport controlled or restricted items while entering the United States under the PORTPASS Program. The entry of any merchandise or goods must be in accordance with the laws and regulations of all other federal inspection agencies.

(7) Participants must agree to random checks or inspections that may be conducted by the Service at any time and at any location, to ensure compliance.

(8) Participants agree to abide by all federal, state and local laws regarding the importation of alcohol or agricultural products or the importation or possession of controlled substances as defined in section 101 of the Controlled Substance Act (21 U.S.C. 802).

(9) Participant acknowledges that all devices, decals, or other equipment, method, or technology used to identify or inspect persons or vehicles seeking entry via any PORTPASS program remains the property of the United States Government at all times, and must be surrendered upon request by the Service. Participant agrees to abide by the terms set forth by the Service for use of any device, decal, or other equipment, method or technology, including but not limited to the payment of any deposit for use of sa me.

(10) Participant agrees to abide by all conditions required for use of the special access lane.

(11) Participant agrees to notify the Service if a vehicle approved for use in a PORTPASS program is sold, stolen, damaged, or disposed of otherwise. If a vehicle is sold, it is the responsibility of the participant to remove or obliterate any identifying device or other authorization for participation in the program before or at the time of sale unless otherwise notified by the Service. If any license plates are replaced on an enrolled vehicle, the participant must submit a properly executed Form I-823, A pplication--Inspections Facilitation Program, without fee, prior to use of the vehicle in the PORTPASS program.

(c) Violation of condition of the PORTPASS Program . A PORTPASS Program participant who violates any condition of the PORTPASS Program, or who has violated any immigration law or regulation, or a law or regulation of the United States Customs Service or other Federal Inspection Service, or who is otherwise determined by an immigration officer to be inadmissible to the United States, may have the PORTPASS access revoked at the discretion of the district director or the chief patrol agent and may be subject to other applicable sanctions, such as criminal and /or administrative prosecution or deportation, as well as possible seizure of goods and/or vehicles.

PART 286--IMMIGRATION USER FEE

5. The authority citation for part 286 continues to read as follows:

Authority: 8 U.S.C. 1103, 1356; 8 CFR part 2.

6. Section 286.8 is revised to read as follows:

§ 286.8 Establishment of pilot programs for the charging of a land border fee for inspection services.

Under the provisions of section 286(q) of the Act, the Service may establish pilot programs at one or more land border ports-of-entry to charge fees for immigration inspection services to be collected by the Commissioner. Individual ports-of-entry selected by the Commissioner to participate in such pilot programs may charge a fee to enhance inspection services and to recover

the cost of:

(a) Hiring additional immigration inspectors, including all associated personnel costs such as salary, benefits, and overtime;

(b) Expansion, operation, and maintenance of information systems for nonimmigrant control;

(c) Construction costs, including those associated with adding new primary traffic lanes (with the concurrence of the General Services Administration);

(d) Procuring detection devices and conducting training to identify fraudulent documents used by applicants for entry to the United States; and

(e) Other administrative costs associated with the PORTPASS Program.

PART 299--IMMIGRATION FORMS

7. The authority citation for part 299 continues to read as follows:

Authority: 8 U.S.C. 1101, 1103; 8 CFR part 2.

8. Section 299.1 is amended by revising the entry for the "Form I-823" to read as follows:

§ 299.1 Prescribed forms.

(Click the Form #s below to view the image of the form. From the Image screen choose "Quit" to return to text)

* * * * *

_________________________________________________________________

Form Edition

No. date Title

_________________________________________________________________

* * * * *

I - 823 08-24-95 Application--Inspections Facilitation Program.

_________________________________________________________________

9. Section 299.5 is amended by revising the entry for the "Form I-823" to read as follows:

§ 299.5 Display of control numbers.

* * * * *

_________________________________________________________________

form No.	INS form title	Currently assigned INS OMB controlNo.

* * * * * *
(For Windows 95/98)
I - 823	Application--Inspections...	1115-0174
	Facilitation Program

* * * * *

_________________________________________________________________

September 26, 1995 _________________ Dated:

Signed _______________________________ Doris Meissner, Commissioner,Immigration and Naturalization Service.

Note: This appendix will not appear in the Code of Federal Regulations.

Appendix to the preamble--Form I-823, [ I-823 (pg.1), I-823 (pg.2) ] Application-- Inspections Facilitation

Form I-823 (8-24-95) [ I-823 (pg.1), I-823 (pg.2) ] ; Application - Inspection Facilitation Program.

Form I-823A (8-24-95) [ I-823A (pg.1 of 1) ] ; Automated Permit Port Participants.

Form I-823B (8-24-95) [ I-823B (pg.1 of 1) ] ; Dedicated Commuter Lane Participants.

Form I-823C (8-24-95) [ I-823C (pg.1 of 2) , I-823C (pg.2 of 2) ] ; Inpass Airport Participants.

Form I-823D (8-24-95) [ I-823D (pg.1 of 2) , I-823D (pg.2 of 2) ] ; Inpass Land Border Participants.