[Federal Register: April 3, 2002 (Volume 67, Number 64)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
8 CFR Part 286
[INS No. 2180-01]
Establishment of a $3 Immigration User Fee for Certain Commercial
Vessel Passengers Previously Exempt
AGENCY: Immigration and Naturalization Service, Justice.
ACTION: Proposed rule.
SUMMARY: This rule proposes to amend the Immigration and Naturalization
Service (Service) regulations in accordance with section 109 of the
Department of Justice Appropriations Act, 2002 (Title I of Public Law
107-77), signed November 28, 2001. This law authorizes the collection
of a $3 fee for certain commercial vessel passengers previously exempt
under section 286(e)(1) of the Immigration and Nationality Act (Act).
This proposed rule would amend the Service regulations to require
certain commercial vessel operators and/or their ticketing agents to
charge and collect a $3 user fee from every commercial vessel passenger
whose journey originated in the U.S., Canada, Mexico, a territory or
possession of the United States, or an adjacent island
except those individuals exempted under section 286(e) of the Act or
under 8 CFR part 286. This action is necessary to implement section 109
of the Department of Justice Appropriations Act, 2002.
DATES: Written comments must be submitted on or before May 3, 2002.
ADDRESSES: Please submit written comments to the Director, Regulations
and Forms Services Division, Immigration and Naturalization Service,
425 I Street, NW., Room 4034, Washington, DC 20536. To ensure proper
handling, please reference INS No. 2180-01 on your correspondence. You
may also submit comments electronically to the Service at
email@example.com. When submitting comments electronically please
include the INS No. 2180-01 in the subject box. Comments are available
for public inspection at the above address by calling (202) 514-3048 to
arrange for an appointment.
FOR FURTHER INFORMATION CONTACT: Georgia Mayers, Chief of Cash
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 mandated by Congress
via the 1987 Appropriations Act for the Department of Justice, Public
Law 99-591, to collect (with limited exceptions) 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-
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.
Why Is the Service Proposing To Apply a $3 Inspection Fee To
Certain Previously Exempt Commercial Vessel Passengers?
The authorization to charge and collect a user fee from certain
previously exempt commercial vessel passengers is provided in section
109 of the Department of Justice Appropriations Act, 2002 which was
enacted on November 28, 2001. Prior to the enactment of this law,
Commercial vessel passengers, whose journeys originated in Canada,
Mexico, a state, territory or possession of the United States, or an
adjacent island, were statutorily exempt from paying the Immigration
User Fee prescribed by section 286(d) of the Act. While these vessel
passengers were exempt from paying the fee, the Service was still
required to provide inspection services. This exemption resulted in the
Service's inability to invest in necessary staffing and technology
resources. The new fee will begin to provide for the recovery of
inspection operations and related inspection activities that support
seaport immigration inspection.
Did the Department of Justice Appropriation Act, 2002 Specify Any
Other Changes to Section 286 of the Act?
The Department of Justice Appropriations Act, 2002 also directed
the Attorney General to increase the immigration user fee prescribed in
section 286(d) of the Act by $1 from $6 to $7 for all passengers
previously required to pay the $6 fee. This change has been published
in the Federal Register as a final rule.
What Changes Are Proposed in This Rule?
This rule proposes to add 8 CFR 286.2(b) and revise 8 CFR 286.3(a)
to provide for the collection of the $3 commercial vessel fee and
removes the exemption of commercial vessel passengers whose journeys
originated in Canada, Mexico, a state, territory or possession of the
United States, or an adjacent island. In accordance with the Department
of Justice Appropriations Act, 2002, the rule would also include an
exemption from the $3 fee for passengers arriving by way of Great Lakes
international ferries or Great Lakes vessels on the Great Lakes and
connecting waterways when operating on a regular schedule.
How Is the $3 Fee Proposed To Be Collected?
Affected commercial vessel carriers and ticket-selling agents would
be subject to the same fee collection responsibilities, remittance and
statement procedures, maintenance of records, and penalties as stated
in 8 CFR 286.2, 286.4, 286.5, 268.6 and 286.7 and that are currently
required of other non-exempt immigration user fee remittances.
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. Immigration user fees are already being collected by
commercial vessel carriers and/or their ticketing agents in connection
with voyages originating in previously non-exempt areas. Since the
passengers rather than the carriers ultimately pay the immigration
inspection user fee, these passengers are not considered small entities
as that 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 rule 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 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
Accordingly, part 286 of chapter I of title 8 of the Code of
Federal Regulations is proposed to be amended as follows:
PART 286--IMMIGRATION USER FEE
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 is amended by redesignating paragraph (b) as
paragraph (c), and by adding a new paragraph (b), to read as follows:
Sec. 286.2 Fee for arrival of passengers aboard commercial aircraft or
* * * * *
(b) A fee, in the amount prescribed in section 286(e)(3) of the
Act, per individual is charged and collected by the Service for the
immigration inspection at a port-of-entry in the United States, or for
the preinspection in a place outside the United States of each
commercial vessel passenger whose journey originated in the U.S.,
Canada, Mexico, a state, territory or possession of the United States,
and adjacent islands, except as provided in Sec. 286.3.
* * * * *
3. Section 286.3 is amended by revising the introductory text, and
by revising paragraph (a) to read as follows:
Sec. 286.3 Exceptions.
The fees set forth in Secs. 286.2(a) and 286.2(b) shall not be
charged or collected from passengers who fall within any one of the
(a) Persons arriving at designated ports-of-entry of passengers
arriving by the following vessels, when operating on a regular
schedule: Great Lakes international ferries or Great Lakes vessels on
the Great Lakes and connecting waterways;
* * * * *
Dated: March 28, 2002.
James W. Ziglar,
Commissioner, Immigration and Naturalization Service.
[FR Doc. 02-8011 Filed 4-2-02; 8:45 am]
BILLING CODE 4410-10-M
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