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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[Federal Register: January 31, 2003 (Volume 68, Number 21)]
[Rules and Regulations]               
[Page 5189-5194]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja03-32]                         




[[Page 5189]]


-----------------------------------------------------------------------


Part VII










Department of Justice










-----------------------------------------------------------------------






Immigration and Naturalization Service






-----------------------------------------------------------------------






8 CFR Parts 212, 231, 235 and 286










Department of State










-----------------------------------------------------------------------


22 CFR Part 41






Removal of Visa and Passport Waiver for Certain Permanent Residents of 
Canada and Bermuda; Interim Rule




[[Page 5190]]




-----------------------------------------------------------------------


DEPARTMENT OF JUSTICE


Immigration and Naturalization Service


8 CFR Parts 212, 231, 235 and 286


[INS No. 2202-02]
RIN 1115-AG68


 
Removal of Visa and Passport Waiver for Certain Permanent 
Residents of Canada and Bermuda


AGENCY: Immigration and Naturalization Service, Justice.


ACTION: Interim rule with request for comments.


-----------------------------------------------------------------------


SUMMARY: This rule amends the Immigration and Naturalization Service 
(Service) regulations by providing that residents of Canada or Bermuda 
having a common nationality with Canadian nationals or with British 
subjects in Bermuda will be required to present a valid passport and 
visa when applying for admission to the United States. Nationals of 
Ireland and British Commonwealth countries, who reside in Canada, will 
be affected by this change. The Service is taking this action, revoking 
the prior passport and visa exemption for these individuals, in 
conjunction with the Department of State. (See Department of State 
regulations published elsewhere in this issue of the Federal Register.) 
This rule is intended to increase security and safeguard the United 
States.


DATES: Effective date: This rule is effective March 17, 2003.
    Comment date: Written comments must be submitted on or before April 
1, 2003.


ADDRESSES: Please submit written comments to the Director, Regulations, 
Forms and Services Division, Immigration and Naturalization Service, 
425 I Street, NW., Room 4034, Washington, DC, 20536. To ensure proper 
handling, please reference the INS No. 2202-02 on your correspondence. 
You may also submit comments electronically to the Service at 
insregs@usdoj.gov. When submitting comments electronically, please 
include INS No. 2202-02 in the subject box. Comments are available for 
public inspection at the above location by calling (202) 514-3048 to 
arrange for an appointment.


FOR FURTHER INFORMATION CONTACT: Joyce Broughman, Assistant Chief 
Inspector, Office of Inspections, Immigration and Naturalization 
Service, 425 I Street, NW., Room 4064, Washington, DC 20536, telephone 
(202) 514-3019.


SUPPLEMENTARY INFORMATION:


Background


    Section 212(d)(4)(B) of the Immigration and Nationality Act (Act) 
permits the Attorney General and the Secretary of State (acting 
jointly) to waive the passport and visa requirements of section 
212(a)(7)(B)(i) of the Act, 8 U.S.C. 1182(a)(7), for admission to the 
United States in nonimmigrant status. This waiver may be granted on the 
basis of reciprocity with respect to nationals of foreign contiguous 
territories or adjacent islands or for residents of those territories 
or islands who have a common nationality with those nationals.
    Service regulations at 8 CFR 212.1(a) implement this waiver 
authority for Canadian citizens, British subjects in Bermuda and 
certain aliens from other islands. In addition, the current regulations 
provide a waiver of the passport and visa requirements for residents of 
Canada or Bermuda who have a common nationality with citizens of Canada 
or with British subjects in Bermuda. This latter waiver includes 
citizens of British Commonwealth countries as well as citizens of 
Ireland. Nationals of 54 countries who reside in Canada or Bermuda 
currently benefit from this waiver. Country List ``A'' following the 
chart Current versus New Documentary Requirements lists the British 
Commonwealth countries as of the publication date of this regulation.
    This rule eliminates the existing waiver for aliens, who are 
nationals of Ireland or the British Commonwealth countries listed 
above, who reside in either Canada or Bermuda and are not citizens of 
Canada or the British Overseas Territory of Bermuda.
    Residents of Canada or Bermuda who are nationals of a designated 
Visa Waiver country listed in Sec.  217.2(a), who present a valid 
passport issued by that country, may continue to be admitted without a 
visa if they are entering the United States for less than 90 days for 
business or pleasure. Countries that have been designated as eligible 
for the Visa Waiver Program may be found in Country List ``B'' after 
the chart ``Current versus New Documentary Requirements'.
    This rule does not alter existing waivers of passport and visa for 
Canadian citizens or for British subjects in Bermuda. In amending Sec.  
212.1(a), it is broken into subsections (1) through (4) to make the 
documentary requirements clearer to the reader. This rule makes no 
changes to the current documentary requirements for Bahamian nationals 
or British subjects resident in The Bahamas or British subjects 
resident in the Cayman Islands or in the Turks and Caicos Islands.
    The following chart shows the current and new documentary 
requirements for residents of Canada and Bermuda.


                                   Current versus New Documentary Requirements
----------------------------------------------------------------------------------------------------------------
                                       And the purpose of your
                                        visit to the U.S. (and    Then the change this    And you will need the
             If you are:                   time of stay, if     rule makes from current   following to enter the
                                           applicable) is:        INS regulations is:             U.S.:
----------------------------------------------------------------------------------------------------------------
1. Canadian citizen                    Non-immigrant visitor    No change from current   Identification; If
                                        (except E-1, E-2--       regulations              coming from outside
                                        treaty trader--and K-1                            the Western Hemisphere
                                        through K-4--spouses                              a passport is
                                        and fiance(e)s of U.S.                            required. (The
                                        citizens)                                         following nonimmigrant
                                                                                          classifications
                                                                                          require a passport and
                                                                                          visa: E-1, E-2, K-1, K-
                                                                                          2, K-3, K-4. See INA
                                                                                          Section 101(a).)
2. Permanent resident of Canada or     Non-immigrant..........  Change to now require a  Valid passport and
 Bermuda who is a citizen of a                                   valid passport and       valid nonimmigrant
 British Commonwealth country--                                  valid nonimmingrant      visa.
 Country List ``A''                                              visa
3. Citizen of a country participating  Non-immigrant visitor    No change from current   Valid passport.
 in the Visa Waiver Program (VWP)       for business or          regulations
 regardless of place of residence--     pleasure for less than
 Country List ``B''                     90 days


[[Page 5191]]




4. Citizen of a country participating  Non-immigrant visitor    No change from current   Valid passport and
 in the Visa Waiver Program (VWP)       for business or          regulations.             valid visas in the
 regardless of place of residence--     pleasure for more than                            appropriate
 Country List ``B''                     90 days or for any                                classification
                                        other nonimmigrant                                (Section 101(a)(15) of
                                        purpose                                           the INA).
5. Citizen of the British Overseas     Nonimmigrant...........  No change from current   Evidence of
 Territory of Bermuda                                            regulations              citizenship; if coming
                                                                                          from outside the
                                                                                          Western Hemisphere a
                                                                                          passport is required.
6. Citizen of an country, other than   Nonimmigrant...........  No change from current   Valid passport and
 Canada or Bermuda, not listed in                                regulation.              valid non-immigrant
 Country List ``B'', Visa Waiver                                                          visa.
 Countries
----------------------------------------------------------------------------------------------------------------


    The following list of countries comprises Country List ``A''--
British Commonwealth Countries: Antigua and Barbuda, Australia, 
Bangladesh, Barbados, Belize, Botswana, Brunei Darussalam, Cameroon, 
Cyprus, Dominica, Fiji Islands, Ghana, Grenada, Guyana, India, Jamaica, 
Kenya, Kiribati, Lesotho, Malawi, Malaysia, Maldives, Malta, Mauritius, 
Mozambique, Namibia, Nauru, New Zealand, Nigeria, Pakistan, Papua New 
Guinea, Samoa, Seychelles, Sierra Leone, Singapore, Solomon Islands, 
South Africa, Sri Lanka, St. Kitts and Nevis, St. Lucia, St. Vincent 
and the Grenadines, Swaziland, The Bahamas, The Gambia, Tonga, Trinidad 
and Tobago, Tuvalu, Uganda, United Kingdom, United Republic of 
Tanzania, Vanuatu, Zambia, and Zimbabwe
    The following list of countries comprises Country List ``B''--Visa 
Waiver Program countries (see 8 CFR 217.2): Andorra, Australia, 
Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, 
Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the 
Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, 
Slovenia, Spain, Sweden, Switzerland, the United Kingdom, and Uruguay. 
The United Kingdom refers only to British citizens who have the 
unrestricted right of permanent abode in the United Kingdom (England, 
Scotland, Wales, Northern Ireland, the Channel Islands and the Isle of 
Man); it does not refer to British overseas citizens, British dependent 
territories' citizens, or citizens of British Commonwealth countries.


Elimination of the Passport and Visa Waiver for Nationals of 
Commonwealth Countries or of Ireland who are Residents of Canada or 
Bermuda


    In light of the terrorist attacks of September 11, 2001, the 
Service, in conjunction with the Department of State, has determined 
that it is in the public interest to reconsider the existing waiver for 
such aliens. Because the Department of State requires special clearance 
procedures for nationals of some countries that are beneficiaries of 
the waiver, the Department of State and the Service have determined 
that requiring a passport and visa for these aliens will provide a 
higher level of security for the United States. Current beneficiaries 
of the waiver include nationals from countries with high rates of 
documentary and immigration fraud and abuse and nationals from 
countries with high nonimmigrant refusal rates. In many cases, 
documents presented by beneficiaries of the waiver do not meet current 
document security standards.
    In view of these determinations, the Service is amending its 
current nonimmigrant documentary regulations in Sec.  212.1(a) to 
eliminate the passport and visa waiver for residents of Canada or 
Bermuda who have a common nationality with citizens of Canada or with 
British subjects in Bermuda. Accordingly, such nationals will be 
required to present visas and passports when applying for admission to 
the United States. The Service also notes that, as a result of 
eliminating this existing waiver, these aliens will now be subject to 8 
CFR 235.1(f)(1) and upon arrival shall be issued, upon payment of the 
appropriate fee for land border admissions, a Form I-94 Arrival/
Departure Record as evidence of the terms of their admission.


Other Regulation Changes


    In addition, the Service is changing the reference to ``British 
subjects in Bermuda'' to British Overseas Territory citizens in 
accordance with the British Overseas Territories Act of 2002.
    In view of the elimination of the existing passport and visa 
waiver, this rule makes necessary changes to other portions of the 
regulations.
    The interim rule amends Sec.  231.1(d) to require the residents of 
Canada and Bermuda who are nationals of Ireland or British Commonwealth 
countries, who are entering the United States for business or pleasure 
to complete the Form I-94, Arrival/Departure Record.
    As a result of the requirement for a passport and nonimmigrant 
visa, residents of Canada who must present those documents for 
admission to the United States will no longer be eligible for a 
Canadian Border Boat Landing Permit (Form I-68) described in Sec.  
235.1(e). United States citizens, Canadian citizens and those residents 
of Canada who are nationals of a designated Visa Waiver country listed 
in Sec.  217.2(a) will continue to be eligible for the Canadian Boat 
Landing Permit.
    Service regulations at 8 CFR 286.9(b) regarding the payment of a 
fee for a Form I-68, Canadian Border Boat Landing Permit, Sec.  
286.9(b) are being revised to remove the reference to lawful permanent 
resident of Canada having a common nationality with Canadians since 
this group of aliens will no longer be eligible for the program.


Good Cause Exception


    The Service's implementation of this rule as an interim rule, with 
provisions for post-promulgation public comments, is based on the 
``good cause'' exceptions found at 5 U.S.C. 553(b)(B). Implementation 
of this rule as an interim rule is necessary to ensure the national 
security needs of the United States. Specifically, the implementation 
of the passport and visa requirement on aliens residing in Canada or 
Bermuda including those aliens who are nationals of countries that 
require special clearance procedures, nationals of countries with high 
rates of documentary and immigration fraud and abuse, and nationals 
from countries with high nonimmigrant refusal rates, will ensure that 
these applicants for admission are properly screened via the Department 
of State's visa issuance process prior to arrival at a port-of-entry


[[Page 5192]]


to the United States and possess positive evidence of their identity 
and the intended purpose of their stay in the United States upon such 
arrival. This will lessen the possibility that persons who pose 
security risks to the United States and other potential immigration 
violators may improperly gain admission to the United States. There is 
reasonable concern that publication of the rule as a proposed rule 
could lead to an increase in applications for admissions by mala fide 
non-citizen residents of Canada or Bermuda seeking to avoid the 
passport requirement and consular screening process during the period 
between the publication of a proposed and a final rule. Accordingly, 
the Service finds that it is impracticable and contrary to the public 
interest to publish this rule with prior notice and comment period.


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 removes the passport and visa waiver for 
certain residents of Canada and Bermuda having a common nationality 
with Canadian nationals or with British subjects in Bermuda 
respectively. Residents of Canada or Bermuda who are affected by the 
rule will be required to obtain a passport and nonimmigrant visa for 
entry to the United States. This rule will affect individual 
nonimmigrant aliens who are not considered small entities as that term 
is defined in 5 U.S.C. 601(6).


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 
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 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.


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.
    By requiring residents of Canada and Bermuda who are citizens of 
British Commonwealth countries to have a passport and nonimmigrant visa 
to enter the United States, they will also be required to complete Form 
I-94, Arrival/Departure Record and pay the appropriate fee, currently 
$6, at land border ports-of-entry. For those residents who travel 
frequently from Canada to the United States, the Service may issue the 
Form I-94, Arrival/Departure Record, allowing multiple entries.
    The Service estimates approximately 1 million British Commonwealth 
nationals are living as permanent residents of Canada, and that there 
will be approximately 500,000 entries to the United States each year at 
land border ports-of-entry. Based on this total annual estimate of 
500,000 entries of British Commonwealth nationals, the Service 
anticipates that the additional fees collected from Form I-94s, issued 
to these residents of Canada who are British commonwealth nationals, 
may amount to as much as 3 million dollars per year.
    The Service believes inspections staffing already planned for the 
affected land border ports-of-entry will be sufficient to accommodate 
the workload that will be generated by the British Commonwealth 
nationals, an no increased staff payroll costs will be incurred to 
inspect and process the 500,000 annual estimated applicants.
    Because currently planned staffing will be sufficient to 
accommodate the increased numbers of applicants, a cost benefit would 
accrue from the collection of the Form I-94 fee from British 
Commonwealth nationals. The cost benefit would result by offsetting 
part of the current payroll subsidy that is required because current 
Form I-94 fees do not fully recover the costs of the associated 
inspections operations.
    Therefore, the collection of the fee from British Commonwealth 
nationals will serve to improve border security and will also 
contribute to clearer fiscal as well as operational separation of the 
inspections enforcement operations from the immigration service 
operations associated with Form I-94 applications. $3 million in new 
collections will fund the annual payroll cost of 48 of approximately 74 
currently subsidized inspector positions at land border ports-of-entry.
    As previously stated, the passport and visa requirement is being 
imposed to increase security and safeguard the United States. The 
events of September 11, 2001 resulted in the need to assess and 
evaluate current practices in order to strengthen the law enforcement 
and security interests of the United States. Requiring permanent 
residents of Canada and Bermuda who are British Commonwealth nationals 
to have a nonimmigrant visa will ensure that these applicants for 
admission are properly screened via the Department of State's visa 
issuance process prior to arrival at a port-of-entry to the United 
States and possess positive evidence of their identity and the intended 
purpose of their stay in the United States upon such arrival. This will 
lessen the possibility that potential immigration violators or persons 
who pose security risks to the United States may improperly gain 
admission to the United States.
    Of the 54 countries affected by this regulation, only 6, Australia, 
Brunei, Ireland, New Zealand, Singapore and the United Kingdom, are 
eligible for the Visa Waiver Program. In order to be designated as a 
participating Visa Waiver Program country, nationals of the country 
must have a low refusal rate for U.S. visas. In addition, the Attorney 
General, in consultation with the Secretary of State must determine 
that the country's designation for the Visa Waiver Program would not 
compromise U.S. law enforcement or national security interests, 
including interests in enforcing immigration laws.
    Implementation of this regulation will align the visa requirement 
for permanent residents of Canada or Bermuda who are nationals of the 
British Commonwealth countries with that of other permanent residents 
of Canada or Bermuda. All permanent residents of Canada or Bermuda who 
are not citizens of Canada or Bermuda will require a passport and 
nonimmigrant visa unless they are nationals of a country designated as 
eligible for the Visa Waiver Program, in which case they will only 
require a valid passport.


Executive Order 13132


    This rule will not have substantial direct effects on the States, 
on the relationship between the National


[[Page 5193]]


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.


Paperwork Reduction Act


    Under the Paperwork Reduction Act of 1995, Pub. L. 104-13, all 
Departments are required to submit to the Office of Management and 
Budget (OMB), for review and approval, any reporting or recordkeeping 
requirements inherent in a rule. This rule does not impose any new 
reporting or recordkeeping requirements under the Paperwork Reduction 
Act. The OMB previously approved the information collection 
requirements contained in this rule for use. INS has submitted changes 
to the burden hours with regards to Form I-94, Arrival/Departure Record 
and Form I-68, Canadian Border Boat Landing Permit. As a result of this 
regulation, the burden hours associated with Form I-94 have increased 
by 33,000 total annual hours. The OMB control number associated with 
Form I-94 collection is 1115-0077. The burden hours associated with 
Form I-68 have decreased by 830 hours. The OMB control number 
associated with Form I-68 is 1115-0065.


List of Subjects


8 CFR Part 212


    Administrative practice and procedure, Aliens, Immigration, 
Passports and visas, Reporting and recordkeeping requirements.


8 CFR Part 231


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


8 CFR Part 235


    Administrative practice and procedure, Aliens, Immigration, 
Reporting and recordkeeping requirements.


8 CFR Part 286


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




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


PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE


    1. The authority citation for part 212 continues to read as 
follows:


    Authority: 8 U.S.C. 1101, 1102, 1103, 1182, 1184, 1187, 1225, 
1226, 1127; 8 CFR part 2.




    2. In Sec.  212.1, paragraph (a) is revised to read as follows:




Sec.  212.1  Documentary requirements for nonimmigrants.


* * * * *
    (a) Citizens of Canada or Bermuda, Bahamian nationals or British 
subjects resident in certain islands.
    (1) Canadian citizens. A passport is not required except after a 
visit outside of the Western Hemisphere. A visa is not required.
    (2) Citizens of the British Overseas Territory of Bermuda. A 
passport is not required except after a visit outside of the Western 
Hemisphere. A visa is not required.
    (3) Bahamian nationals or British subjects resident in the Bahamas. 
A passport is required. A visa required of such an alien unless, prior 
to or at the time of embarkation for the United States on a vessel or 
aircraft, the alien satisfied the examining U.S. immigration officer at 
the Bahamas, that he or she is clearly and beyond a doubt entitled to 
admission, under section 212(a) of the Immigration and Nationality Act, 
in all other respects.
    (4) British subjects resident in the Cayman Islands or in the Turks 
and Caicos Islands. A passport is required. A visa is required of such 
an alien unless he or she arrives directly from the Cayman Islands or 
the Turks and Caicos Islands and presents a current certificate from 
the Clerk of Court of the Cayman Islands or the Turks and Caicos 
Islands indicating no criminal record.
* * * * *


PART 231--ARRIVAL-DEPARTURE MANIFESTS AND LISTS; SUPPORTING 
DOCUMENTS


    3. The authority citation for part 231 is revised to read as 
follows:


    Authority: 8 U.S.C. 1101, 1103, 1182, 1221, 1228, 1229; 8 CFR 
Part 2.


    4. Section 231.1, is amended by:
    a. Revising the last sentence in paragraph (d) introductory text; 
and by
    b. Removing paragraphs (d)(1) and (d)(2).
    The revision reads as follows:




Sec.  231.1  Arrival manifest for passengers.


* * * * *
    (d) * * * Citizens of Canada or the British Overseas Territory of 
Bermuda are not required to complete the departure portion of the Form 
I-94 if they are entering the United States for business or pleasure 
under section 101(a)(15)(B) of the Act, and intend to remain in the 
United States for less than 6 months.
* * * * *


PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION


    5. 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.


    6. Section 235.1 is amended by:
    a. Revising paragraph (e) introductory text;
    b. Revising paragraph (e)(1)(v); and by
    c. Revising the last sentence in paragraph (e)(5)(ii).
    The revisions read as follows:




Sec.  235.1  Scope of examination.


* * * * *
    (e) U.S. citizens, lawful permanent residents of the United States, 
and other aliens, entering the United States along the northern border, 
other than at a port-of-entry. A citizen of Canada or a permanent 
resident of Canada who is a national of a country listed in Sec.  
217.2(a) of this chapter may, if in possession of a valid, unexpired, 
Canadian Border Boat Landing Permit (Form I-68) or evidence of 
enrollment in any other Service Alternative Inspections program (e.g., 
the Immigration and Naturalization Service Passenger Accelerated 
Service System (INSPASS) or the Port Passenger Accelerated Service 
System (PORTPASS)), enter the United States by means of a pleasure 
craft along the northern border of the United States from time-to-time 
without further inspection. No persons other than those described in 
this paragraph may participate in this program. Permanent residents of 
Canada who are nationals of a designated Visa Waiver Program country 
listed in Sec.  217.2(a) of this chapter must be in possession of a 
valid, unexpired passport issued by his or her country of nationality, 
and an unexpired multiple entry Form I-94W, Nonimmigrant Visa Waiver 
Arrival/Departure Form, or an unexpired passport, valid unexpired 
United States visa and I-94 Arrival/Departure Form. When an entry to 
the United States is made by a person who is a Canadian citizen or a 
permanent resident of


[[Page 5194]]


Canada who is a national of a designated Visa Waiver Program country 
listed in Sec.  217.2(a) of this chapter, entry may be made under this 
program only for a purpose as described in section 101(a)(15)(B)(ii) of 
the Act as a visitor for pleasure. Persons seeking to enter the United 
States for any other purpose must do so at a port-of-entry staffed by 
immigration inspectors. Persons aboard a vessel which has crossed the 
international boundary between the United States and Canada and who do 
not intend to land in the United States, other than at a staffed port-
of-entry, are not required to be in possession of Form I-68, Canadian 
Border Boat Landing Permit, or evidence of enrollment in an Alternative 
Inspections program merely because they have crossed the international 
boundary. However, the Service retains the right to conduct inspections 
or examinations of all persons applying for admission or readmission to 
or seeking transit through the United States in accordance with the 
Act.
    (1) * * *
    (v) A permanent resident of Canada who is a national of a Visa 
Waiver Program may apply for admission simultaneously with the Form I-
68 application and thereby obtain a Form I-94 or I-94W.
* * * * *
    (5) * * *
    (ii) * * * Participants who are permanent residents of Canada who 
are nationals of a Visa Waiver Program 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.
* * * * *


PART 286--IMMIGRATION USER FEE


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


    Authority: 8 U.S.C. 1103, 1356; 8 CFR part 2.
    8. Section 286.9 is amended by revising paragraph (b)(4).
    The revision reads as follows:




Sec.  286.9  Fee for processing applications and issuing documentation 
at land border Ports-of-Entry.


* * * * *
    (b) * * *
    (4) A citizen or lawful permanent resident alien of the United 
States or a Canadian citizen or permanent resident of Canada who is a 
national of a designated Visa Waiver Program country listed in Sec.  
217.2(a) of this chapter who requests Form I-68, Canadian Border Boat 
Landing Permit, pursuant to Sec.  235.1(e) of this chapter, for entry 
to the United States from Canada as an eligible pleasure boater on a 
designated body of water, must remit the required fee at the time of 
application for Form I-68.


    Dated: January 24, 2003.
Michael J. Garcia,
Acting Commissioner, Immigration and Naturalization Service.
[FR Doc. 03-2164 Filed 1-30-03; 8:45 am]
BILLING CODE 4410-10-P





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