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[Federal Register: April 1, 2002 (Volume 67, Number 62)]
[Rules and Regulations]               
[Page 15333-15334]
From the Federal Register Online via GPO Access []

Rules and Regulations
                                                Federal Register

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 


[[Page 15333]]


Immigration and Naturalization Service

8 CFR Part 286

[INS No. 2179-01]
RIN 1115-AG46

Increase of the Immigration User Fee From $6 to $7

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Final rule.


SUMMARY: The Immigration and Naturalization Service (Service) collects 
a fee from every passenger arriving at a port-of-entry in the United 
States aboard a commercial aircraft or commercial vessel (or having 
been ``preinspected'' at a place outside the United States prior to 
such arrival), except those individuals exempted under section 286(e) 
of the Immigration and Nationality Act (Act) or under 8 CFR part 286. 
The Departments of Commerce, Justice, and State, the Judiciary, and 
Related Agencies Appropriations Act 2002, Public Law 107-77, dated 
November 28, 2001, increased the fee from $6 to $7. This rule amends 
Service regulations in light of this fee change by removing the current 
reference to $6 in the regulations in favor of a reference to the fee 
amount prescribed in section 286(d) of the Act as amended. This 
technical change to the regulations is being taken so that it will be 
unnecessary for the Service to amend the text of its regulations each 
time the user immigration fee is statutorily changed in the future.

EFFECTIVE DATE: This final rule is effective May 1, 2002.

Management, Office of Finance, Immigration and Naturalization Service, 
425 I Street, NW., Room 6034, Washington, DC 20536, telephone (202) 


What Is the Immigration User Fee?

    Beginning in Fiscal Year 1987, the Service was authorized by 
Congress via the 1987 Appropriations Act for the Department of Justice, 
Public Law 99-591, to collect an immigration user fee for each 
passenger arriving in the United States by commercial air or sea 
conveyance. Immigration user fee funds are used to operate air and sea 
inspection services and to fund other related activities.

How Will the Service Use the Fees That Are Collected?

    As provided by law, the user fees that are collected may be used, 
among other things, to:
     Provide immigration inspection and preinspection services 
for commercial aircraft and vessels;
     Provide overtime immigration inspection services for 
commercial aircraft or vessels;
     Administer debt recovery, including the establishment and 
operation of a national collections office;
     Expand, operate, and maintain information systems for 
nonimmigrant control and debt collection;
     Detect fraudulent documents used by passengers traveling 
to the United States, including training of, and technical assistance 
to, commercial airline personnel regarding such detection;
     Provide detention and removal services for: inadmissible 
aliens arriving on commercial aircraft and vessels and for any 
inadmissible alien who has attempted illegal entry into the United 
States through avoidance of immigration inspection at air or sea ports-
of-entry; and
     Administer removal and asylum screening proceedings at air 
or sea ports-of-entry for inadmissible aliens arriving on commercial 
aircraft and vessels including immigration removal proceedings 
resulting from the presentation of fraudulent documents and the failure 
to present documentation and for any inadmissible alien who has 
attempted illegal entry into the United States by avoiding immigration 
inspection at air or sea ports-of-entry.

What Changes Is the Service Making to This Rule?

    This rule amends 8 CFR 286.2(a) by removing the specific fee amount 
of $6 and inserting a more general reference to the immigration fee 
prescribed in section 286(d) of the Act. This action is being taken so 
that in the future the Service will not have to amend the text of its 
regulations each time a change in the user fee occurs by statute.

Which Tickets Will Be Affected by This Rule?

    The immigration user fee is normally collected at the time that a 
ticket or document for transportation to the United States is issued. 
All tickets and documents for transportation issued on or after May 1, 
2002 will be subject to the $7 immigration user fee.

How Will the Public Be Notified of Future Changes to the 
Immigration User Fee?

    The Service intends to publish notices in the Federal Register 
describing any changes to the immigration user fee including the date 
upon which any new fee must be collected by persons issuing tickets or 
transportation documents.

Did Public Law 107-77 Make Any Other Changes Relating to 
Immigration User Fees?

    Yes, Public Law 107-77 also authorized the Attorney General to 
charge and collect $3 per individual for the immigration inspection or 
preinspection of each commercial vessel passenger whose journey 
originated in the United States or in any place set forth in section 
286(e)(1) of the Act, unless the passengers arrived by regularly 
scheduled Great Lakes international ferries or Great Lakes vessels on 
the Great Lakes or connecting waterways. Regulations implementing the 
$3 fee will be published in the Federal Register at a later date as a 
separate rulemaking.

Good Cause Exception

    The Service's implementation of this rule as a final rule is based 
upon the ``good cause'' exception found at 5 U.S.C. 553(b)(A). Advance 
notice and comment on this regulation is both impractical and 
unnecessary. This rule merely amends Service regulations to conform 
with a statutorily mandated fee increase by removing any reference to a

[[Page 15334]]

specific fee amount in favor of adding a more general reference to 
section 286(d) of the Act which sets forth both the legal authority and 
amount of the immigration user fee.

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. This rule requires carriers to charge and collect a 
user fee for certain air and sea passengers arriving in the United 
States. Since the passengers rather than the carriers ultimately pay 
the immigration inspection user fee, and they are not considered small 
entities as the term is defined in 5 U.S.C. 601(6), this rule does not 
bear an impact on small entities.

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 one 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 

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 Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in cost 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.

Executive Order 12866

    This rule is 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. Accordingly, this regulation has been submitted to the Office 
of Management and Budget for review.

Executive Order 13132

    This regulation will not have substantial direct effects on the 
States, on the relationship between the National Government and the 
States, or on the distribution or power and responsibilities among the 
various levels of government. Therefore, in accordance with section 6 
of Executive Order 13132, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

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.

List of Subjects in 8 CFR Part 286

    Air carriers, Immigration, Maritime carriers, Reporting and 
recordkeeping requirements.

    Accordingly, part 286 of chapter I of title 8 of the Code of 
Federal Regulations is amended as follows:


    1. The authority citation for part 286 continues to read as 

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

    2. Section 286.2(a) is revised to read as follows:

Sec. 286.2  Fee for arrival of passengers aboard commercial aircraft or 
commercial vessels.

    (a) A fee, in the amount prescribed in section 286(d) of the Act, 
per individual is charged and collected by the Commissioner for the 
immigration inspection of each passenger aboard a commercial aircraft 
or commercial vessel, arriving at a port-of-entry in the United States, 
or for the preinspection of a passenger in a place outside the United 
States prior to such arrival, except as provided in Sec. 286.3.
* * * * *

    Dated: March 7, 2002.
James W. Ziglar,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 02-7737 Filed 3-29-02; 8:45 am]