Collection of Fees Under the Dedicated Commuter Lane Program; Port Passenger Accelerated Service System (PORTPASS) Program [61 FR 53830] [FR 32-96]

DOCUMENT NUMBER: FR 32-96

FEDERAL REGISTER CITE: 61 FR 53830

DATE PUBLISHED: October 16, 1996

BILLING CODE 4410-10-M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Parts 103, 235, 286 and 299

[INS No. 1675-94]

RIN 1115-AD82

Collection of Fees Under the Dedicated Commuter Lane Program;

Port Passenger Accelerated Service System (PORTPASS) Program

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.

SUMMARY: The Immigration and Naturalization Service (Service) published an interim rule with request for comments on September 29, 1995, which allowed for implementation of additional land border inspection fee projects designed to facilitate the entry of identified, low-risk, legitimate border crossers on the northern border. The rule also allowed for the implementation of a pilot dedicated commuter lane (DCL) to facilitate the entry of identified, low-risk, legitimate border crossers on the California-Mexico bo rder. This final rule clarifies and better defines the interim rule, and addresses questions and practical issues which arose during the operation of the pilot dedicated commuter lane (DCL) on the California-Mexico border at the Otay Mesa Port of Entry (POE).

EFFECTIVE DATE: October 16, 1996.

FOR FURTHER INFORMATION CONTACT: Robert A. Mocny, Assistant Chief Inspector, Inspections Division, Immigration and Naturalization Service, 425 I Street, NW., Room 4064, Washington, DC 20536, telephone (202) 514-3019.

SUPPLEMENTARY INFORMATION: The provisions of Public Law 101-515, dated November 5, 1990, authorized the establishment of pilot projects at land border POEs for which a fee may be charged and collected for inspection services provided at land border POEs. The implementing regulation which established pilot programs for the charging of a land border user fee for inspection services was published as an interim rule by the Service on May 13, 1991, at 56 FR 21917-21920. That interim rule placed all eligibility requirements, applicati on processes, and compliance requirements pertaining to inspection user fees in § 286.6.

On September 29, 1995, the Commissioner, Immigration and Naturalization Service, published in the Federal Register at 60 FR 50386-50399, an interim rule with request for comments by November 28, 1995. The interim rule added a variety of border inspection pilot projects to selected POEs on the northern and California-Mexico land borders, and moved application and eligibility requirements for those persons seeking to participate in any of the pilot projects from 8 CFR 286.8 to 8 CFR 235.13. Expanding and tes ting pilot projects on land borders facilitates the entry of low-risk, legitimate border crossers, while still safeguarding the integrity of the United States land borders.

No comments were received on the interim rule. However, the following summarizes and explains the changes made in this final rule which clarify and address practical issues which arose during implementation and operation of the pilot program.

PORTPASS Program Definitions--§ 235.13(a)(1)

The effect of use of the PORTPASS Program by an alien participant was distinguished from use of the program by the U.S. citizen participant. Each time the alien uses the PORTPASS program he or she is making an "entry" as defined by section 101(a)(13) of the Immigration and Nationality Act (Act), as amended, a term which is not applicable to U.S. citizens.

In the definition under "DCL System Costs Fee," a vehicle fee was added to cover the costs in certain situations of a participant registering more than one vehicle, and expiration dates were clarified.

Eligibility Requirements--§ 235.13(a)(3)

Additional notice is provided that criminal history databases will be accessed in order to determine an applicant's program eligibility.

Application--§ 235.13(a) (4) and (5)

This paragraph was rewritten to allow for better organization and understanding of the application procedure and its documentary requirements, including the requirement to provide proof of vehicle insurance and registration. The name of the application, Form I-823, is changed from "Application--Inspections Facilitation Program," to, "Application--Alternative Inspection Services," in order to identify better the use of the application to the public. In addition, paragraph (a)(4)(x) provides for reapplicatio n for use of the lane following a denial only after a 90 day waiting period. Because the number of applications accepted for the program may be limited, this rule will allow more persons to apply for the program. Clarification is also provided in paragraph (a)(5)(viii) that each occupant of a vehicle in the lane is responsible for the contents of the vehicle when passing through the lane.

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 because of the following factors. The rule applies to individuals, not small entities, and provides a clear benefit to participants by allowing expeditious passage through a POE. Although there is a fee charged for th is service, participation is voluntary.

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.

The information collection requirement contained in this rule has been cleared by the Office of Management and Budget under the provisions of the Paperwork Reduction Act. The clearance number for this collection is contained in 8 CFR 299.5 Display of control numbers.