Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Rules and Regulations 47749

(6) Failure of irrigation water supply, if

caused by an insured cause of loss ((a)(1)

through (5) of this section) that occurs during

the insurance period.

(b) In addition to the causes of loss

excluded in section 12 (Causes of Loss) of the

Basic Provisions (§ 457.8), we will not insure

against damage or loss of production due to:

(1) Disease or insect infestation, unless

adverse weather:

(i) Prevents the proper application of

control measures or causes properly applied

control measures to be ineffective; or

(ii) Causes disease or insect infestation for

which no effective control mechanism is

available;

(2) Phylloxera, regardless of cause; or

(3) Inability to market the table grapes for

any reason other than actual physical damage

from an insurable cause specified in this

section. For example, we will not pay you an

indemnity if you are unable to market due to

quarantine, boycott, or refusal of any person

to accept production.

11. Duties In the Event of Damage or Loss

In addition to the requirements of section

14 (Duties in the Event of Damage or Loss)

of the Basic Provisions (§ 457.8), the

following will apply:

(a) You must notify us within 3 days after

the date harvest should have started if the

crop will not be harvested.

(b) You must notify us at least 15 days

before any production from any unit will be

sold by direct marketing. We will conduct an

appraisal that will be used to determine your

production to count for production that is

sold by direct marketing. If damage occurs

after this appraisal, we will conduct an

additional appraisal. These appraisals, and

any acceptable records provided by you, will

be used to determine your production to

count. Failure to give timely notice that

production will be sold by direct marketing

will result in an appraised amount of

production to count of not less than the

production guarantee per acre if such failure

results in our inability to make the required

appraisal.

(c) If the crop has been damaged during the

growing season, you must provide notice at

least 15 days prior to the beginning of harvest

if you intend to claim an indemnity as a

result of the damage previously reported.

You must not destroy the damaged crop until

the earlier of 15 days from the date you gave

notice of loss, or our written consent to do

so. If you fail to meet the requirements of this

section all such production will be

considered undamaged and included as

production to count.

12. Settlement of Claim

(a) We will determine your loss on a unit

basis. In the event you are unable to provide

separate acceptable production records:

(1) For any optional unit, we will combine

all optional units for which such production

records were not provided; or

(2) For any basic unit, we will allocate any

commingled production to such units in

proportion to our liability on the harvested

acreage for each unit.

(b) In the event of loss or damage covered

by this policy, we will settle your claim by:

(1) Multiplying the insured acreage by its

respective production guarantee;

(2) Multiplying the result in section

12(b)(1) by the respective price election for

the variety;

(3) Totaling the results in section 12(b)(2);

(4) Multiplying the total production to be

counted of the variety (see section 12(c)) by

the respective price election;

(5) Totaling the results in section 12(b)(4);

(6) Subtracting the result of section 12(b)(5)

from the result in section 12(b)(3); and

(7) Multiplying the result of section

12(b)(6) by your share.

(c) The total production to count (in lugs)

from all insurable acreage on the unit will

include:

(1) All appraised production as follows:

(i) Not less than the production guarantee

per acre for acreage:

(A) That is abandoned;

(B) That is sold by direct marketing if you

fail to meet the requirements in section 11(b);

(C) That is damaged solely by uninsured

causes; or

(D) For which you fail to provide

acceptable production records;

(ii) Production lost due to uninsured

causes;

(iii) Unharvested production that meets, or

would meet if properly handled, the

California Department of Food and

Agriculture minimum standards for table

grapes; and

(iv) Potential production on insured

acreage that you intend to abandon or no

longer care for, if you and we agree on the

appraised amount of production. Upon such

agreement, the insurance period for that

acreage will end. If you do not agree with our

appraisal, we may defer the claim only if you

agree to continue to care for the crop. We will

then make another appraisal when you notify

us of further damage or that harvest is general

in the area unless you harvested the crop, in

which case we will use the harvested

production. If you do not continue to care for

the crop, our appraisal made prior to

deferring the claim will be used to determine

the production to count; and

(2) All harvested production from

insurable acreage regardless of condition or

disposition. The quantity of production to

count for table grape production damaged by

insurable causes within the insurance period

that is marketed for any use other than table

grapes will be determined by multiplying the

greater of (1) the value of the table grapes per

ton or (2) $50, by the number of tons and

dividing that result by the highest price

election available for the insured unit. This

result will be the number of lugs to count.

13. Written Agreement

Terms of this policy which are specifically

designated as allowing the use of a written

agreement may be altered by written

agreement in accordance with the following:

(a) You must apply in writing for each

written agreement no later than the sales

closing date, except as provided in section

13(e);

(b) The application for a written agreement

must contain all variable terms of the

contract between you and us that will be in

effect if the written agreement is not

approved;

(c) If approved, the written agreement will

include all variable terms of the contract,

including, but not limited to, crop type or

variety, the guarantee, premium rate, and

price election;

(d) Each written agreement will only be

valid for one year (If the written agreement

is not specifically renewed the following

year, insurance coverage for subsequent crop

years will be in accordance with the printed

policy); and

(e) An application for a written agreement

submitted after the sales closing date may be

approved if, after a physical inspection of the

acreage, it is determined that no loss has

occurred and the crop is insurable in

accordance with the policy and written

agreement provisions.

Signed in Washington, DC, on September

4, 1997.

Kenneth D. Ackerman,

Manager, Federal Crop Insurance

Corporation.

[FR Doc. 97–23906 Filed 9–10–97; 8:45 am]

BILLING CODE 3410–08–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 235

[INS No. 1796–96]

RIN 1115–AE53

Canadian Border Boat Landing

Program

AGENCY: Immigration and Naturalization

Service, Justice.

ACTION: Interim rule with request for

comments.

SUMMARY: This rule amends the

Immigration and Naturalization Service

(Service) regulations to clarify and

standardize procedures for the

application, issuance, and use of Form

I–68, Canadian Border Boat Landing

Card. This rule promotes uniformity and

clarity in the application requirements,

decision-making process, and issuance

of entry documents, while enhancing

effective and efficient border

enforcement within the Canadian

Border Boat Landing (I–68) program.

DATES: Effective Date: This rule is

effective September 11, 1997.

Comment Date: Written comments

must be received on or before November

10, 1997.

ADDRESSES: Please submit written

comments, in triplicate, to the Policy

Directives and Instructions Branch,

Immigration and Naturalization Service,

425 I Street, NW., Room 5307,

Washington, DC 20536. To ensure

proper handling, please reference INS

No. 1796–96 on your correspondence.

Comments are available for public

inspection at this location by calling
47750 Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Rules and Regulations

(202) 514–3048 to arrange for an

appointment.

FOR FURTHER INFORMATION CONTACT:

Ronald J. Hays, Assistant Chief

Inspector, Inspections Division,

Immigration and Naturalization Service,

425 I Street, NW., Room 4060,

Washington, DC 20536, Telephone (202)

514–0912.

SUPPLEMENTARY INFORMATION: The

Service regulations at 8 CFR 235.1(a)

require that in general an application for

entry to the United States must be made

in person to an immigration officer at a

U.S. Port-of-Entry (POE) at a time when

the port is open for inspection.

However, 8 CFR 235.1(e) provides an

exception to this requirement by

providing for participation in the

Canadian Border Boat Landing Permit

(I–68) program which allows certain

persons who enter the United States by

small boat to be inspected once per year,

and thereafter enter from time to time

for recreational purposes without

further inspection. Boaters who choose

not to obtain Form I–68 must report in

person for inspection at a POE upon

each entry to the United States. This is

often difficult, since the Service lacks

sufficient resources to station inspectors

along all waterways. Therefore, boaters

who have not obtained Form I–68 may

report in person to Inspectors of the

United States Customs Service, who are

cross-designated to perform immigration

inspections. Inspection by a Customs

officer will satisfy the Service

requirement of reporting in person for

immigration inspection. However,

telephonic inspections, allowed by

Customs Service regulations to satisfy

their reporting requirement, are not

authorized by Service regulations.

Although United States citizens are

not generally subject to the immigration

laws, the regulations at 8 CFR 235.1(b)

require that any person claiming to be

a United States citizen must establish

that fact to an immigration officer.

United States citizens who enter the

United States without Form I–68 or

without reporting in person for

inspection may be subject to fines or

criminal sanctions. There is also the

potential for some inconvenience to the

United States citizen boater not in

possession of Form I–68 to demonstrate

United States citizenship when

encountered by a Service officer. United

States citizen boaters who transport

aliens not in possession of Form I–68,

and who do not report in person for

inspection are subject to arrest, fine,

imprisonment, and possible seizure of

the boat. Non-United States citizens

traveling by boat who do not have Form

I–68, or who have not presented

themselves for inspection, are subject to

arrest and possible fine or deportation.

The I–68 program was established in

1963 to facilitate boating and fishing on

boundary waters in Minnesota. It was

expanded to other areas in 1967. The

program was not implemented

nationally until several years ago, when

Service districts along the northern

border began a publicity campaign to

educate boaters as to the proper

requirements for entry into the United

States by boat and the benefits of

participation in the program. Most

Service districts make Form I–68

permits easily available by sending

inspectors to marinas and boat shows

and involving boating organizations in

the process. Until October 9, 1995, the

Form I–68 was issued without charge.

By a final rule published in the

Federal Register on August 7, 1995, at

60 FR 40064–9, the Service established

a fee for applying to participate in the

I–68 program. Effective October 9, 1995,

a fee of $16.00 per individual with a

family cap of $32.00 was established. A

family was described in that rule as a

husband, wife, unmarried children

under 21 years of age, and the parents

of either husband or wife residing at the

same address. Under the Federal User

Fee Statute, 31 U.S.C. 9701, and the

Office of Management and Budget

Circular A–25, User Charges, reasonable

charges should be imposed to recover

the full cost to the Federal Government

of rendering certain services that

provide a specific benefit to the

recipient of those services.

During the past several years,

members of the boating community and

members of Congress have expressed

concern regarding the I–68 program.

Specifically, they were concerned that

the enrollment and enforcement criteria

and procedures vary from district officeto-district office and that the permit is

sometimes difficult to obtain. The

imposition of a fee for the permit has

also sparked concern.

In an effort to improve the I–68

program, the Service met with members

of the boating community, other Federal

inspection and enforcement agencies,

congressional staffers, and

representatives of the Canadian

Government in Alexandria, Virginia, on

August 13, 1996. Numerous suggestions

for improving the program were

received and have been incorporated

into this interim regulation. The

following is a discussion of those

concerns and the Service’s response.

Geographical Limitations

One of the concerns the Service

received relates to the geographical

limitations on travel by those permit

holders who are not United States

citizens or permanent residents. The

current regulation allows for visits for

pleasure which do not involve travel

beyond the immediate shoreline area to

include nearby neighborhoods and

shopping centers. This lack of

specificity in the regulation has led to

varying enforcement of the program.

The Service has determined to eliminate

this problem by specifying the area

within which permit holders may travel.

The Service currently has a program on

the southern border, similar in some

respects to the I–68 program, which

allows Mexican citizens who are in

possession of a Mexican Border

Crossing Card to enter the United States

for brief visits for pleasure which do not

exceed 72 hours in duration or travel

more than 25 miles from the border.

Since these programs are comparable,

the Service has determined that it is

equitable to afford I–68 program

participants a similar privilege of travel

as is accorded to Mexican visitors in

possession of a Mexican Border

Crossing Card. In addition, as two large

bodies of water along the border, Puget

Sound and Lake Michigan, lie almost

wholly within the United States, the

Service will also permit travel by

program participants within 25 miles of

the shoreline area of these bodies of

water as well.

Obtaining the Form I–68

Another concern related to the

difficulty in obtaining a permit.

Currently, persons who wish to enroll in

the program must travel, yearly, to a

staffed Service office and apply in

person. The Service proposes to reduce

this burden by allowing persons who

are renewing a valid permit to do so by

mail. This means that a person who

maintains his or her membership in the

program will only have to report in

person to obtain his or her first permit,

unless the district director determines,

on a case-by-case basis to require the

applicant to report in person. The

Service will evaluate the eligibility of

any person to participate in the program

by an examination of any records

available to the Service. Application

forms will also be made available by

mail to the public.

The Service will also reduce the

burden on the public by considering

those persons who are enrolled in one

of the Service’s Alternative Inspections

programs such as the Immigration and

Naturalization Service’s Passenger

Accelerated Service System (INSPASS),

the Dedicated Commuter Lane (DCL), or

an Automated Permit Port (APP)

program to be automatically included in

the I–68 program without requiring an
Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Rules and Regulations 47751

additional application or fee. These

alternative Inspections programs

currently allow program participants the

privilege of entering the United States

by air or car without having to report for

immigration inspection each time they

do so. Since only the means of entry

differs from the I–68 program, it is

logical to include participants in other

Alternative Inspections programs in the

I–68 program.

Fee

The Service received several

complaints concerning the charging of a

fee for participation in the I–68

program. As previously stated in the

August 7, 1995, final rule, the Federal

User Fee Statute (31 U.S.C. 9701) and

regulations require that recipients of

special benefits bear the cost of

providing these services. The Office of

Management and Budget (OMB)

Circular A–25, User Charges, states as a

general policy that reasonable charges

should be imposed to recover the full

cost to the Federal Government of

rendering such services. In July 1993,

the Office of the Inspector General

completed an audit of services

performed and special benefits provided

by the Service. The audit concluded that

the Service was not in compliance with

OMB directives with regard to these

services, including the Canadian Border

Boat Landing Permit, Form I–68, and

that failure to collect fees for services

resulted in the cost being paid by the

general public out of the general fund

appropriation. Accordingly, in 1995 the

Service established a fee of $16.00 to

cover the costs associated with

adjudicating an application to

participant in the program. This rule

will not change the fee.

The Service has also been requested

by the Government of Canada to include

within the program landed immigrants

to Canada who are not citizens of British

Commonwealth Countries. At present,

for example, a French citizen who is a

landed immigrant in Canada is not

eligible to participate in the I–68

Program. Upon consideration, the

Service has decided to include such

persons within the program provided

they are nationals of a country

designated for participation in the Visa

Waiver Pilot Program and are in

possession of a valid unexpired passport

issued by their country of nationality,

an unexpired, United States visa, and a

valid I–94 marked for multiple entries to

the United States at both the time they

make application for inclusion within

the program and each time they take

advantage of the program to enter the

United States.

The Service’s implementation of this

rule as an interim rule, with provisions

for post-promulgation public comments,

is based upon the ‘‘good cause’’

exceptions found at 5 U.S.C. 553 (b)(B)

and (d)(3). The reasons and the

necessity for immediate implementation

of this interim rule without prior notice

and comment are as follows: this

interim rule relieves a restriction, does

not impose a new burden, and is

beneficial to the traveling public and

United States businesses which are

patronized by persons benefiting from

this rule.

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

Form I–68 is applied for by individuals,

not small entities, and the rule simply

codifies policies and procedures that

have been in place for many years,

imposing no additional burden on

applicants or small entities.

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.

Executive Order 12988 Civil Justice

Reform

The rule meets the applicable

standards set forth in sections 3(a) and

3(b)(2) of E.O. 12988.

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

Fairness 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 foreignbased companies in domestic and

export markets.

Paperwork Reduction Act

This interim rule does not impose any

new reporting or recordkeeping

requirements. The information

collection (Form I–68) was previously

approved for use by the Office of

Management and Budget (OMB) under

the OMB control number 1115–0065.

List of Subjects in 8 CFR Part 235

Administrative practice and

procedure, Aliens, Immigration,

Passports and visas.

Accordingly, part 235 of chapter I of

title 8 of the Code of Federal

Regulations is amended as follows:

PART 235—INSPECTION OF PERSONS

APPLYING FOR ADMISSION

1. 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.

2. In § 235.1, paragraph (e) is revised

to read as follows:

§ 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 or lawful

permanent resident of the United States,

a Canadian national or landed

immigrant of Canada having a common

nationality with nationals of Canada, or

a landed immigrant of Canada who is a

national of a country listed in § 217.2(a),

may, if in possession of a valid,

unexpired, Canadian Border Boat

Landing Permit (Form I–68) or evidence
47752 Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Rules and Regulations

of enrollment in any other Service

Alternaitve 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. Landed

immigrants of Canada who do not share

a common nationality with nationals of

Canada but whose country of nationality

is listed in § 217.2(a) must also be in

possession of a valid, unexpired,

passport issued by their country of

nationality, a valid, unexpired, United

States visa, and a valid, unexpired Form

I–94 marked for multiple entries to the

Untied States. When an entry to the

United States is made by a person who

is a Canadian citizen or a landed

immigrant of Canada, entry may be

made under this program only for a

purpose as described in section

101(a)(15)(B)(ii) of the Act. Persons

seeking to enter the United States for

any other purpose must do so at a

staffed Port-of-Entry. 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 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) Application. An eligible applicant

may apply for a Canadian Border Boat

Landing Permit by completing the Form

I–68 in triplicate. Application forms

will be made readily available through

the Internet, from a Service office, or by

mail. A family may apply on a single

application. For the purposes of this

paragraph, a family is defined as a

husband, wife, unmarried children

under the age of 21, and the parents of

either husband or wife, who reside at

the same address. In order for the I–68

application to be considered complete,

it must be accompanied by the

following:

(i) For each person included on the

application, evidence of citizenship,

and, if not a citizen of the Untied States

or Canada, evidence of legal permanent

resident status in either the United

States or Canada. Evidence of residency

must be submitted by all applicants. It

is not required that all persons on the

application be of the same nationality;

however, they must all be individually

eligible to participate in this program.

(ii) If multiple members of a family,

as defined in paragraph (e)(1) of this

section, are included on a single

application, evidence of the familial

relationship.

(iii) A fee as prescribed in

§ 103.7(b)(1) of this chapter.

(iv) A copy of any previously

approved Form I–68.

(v) A landed immigrant of Canada

who does not have a common

nationality with nationals of Canada

must also present a valid, unexpired,

Form I–94 endorsed for multiple entries

to the United States, his or her passport,

and United States visa.

(2) Submission of Form I–68. Except

as indicated in this paragraph, Form I–

68 shall be properly completed and

submitted in person, along with the

documentary evidence and the required

fee as specified in § 103.7(b)(1) of this

chapter, to a United States immigration

officer at a Canadian border Port-ofEntry located within the district having

jurisdiction over the applicant’s

residence or intended place of landing.

Persons previously granted Form I–68

approval may apply by mail to the

issuing Service office for renewal if a

copy of the previous Form I–68 is

included in the application. At the

discretion of the district director

concerned, any applicant for renewal of

Form I–68 may be required to appear for

an interview in person if the applicant

does not appear to be clearly eligible for

renewal.

(3) Denial of Form I–68. If the

applicant has committed a violation of

any immigration or customs regulation

or, in the case of an alien, is

inadmissible to the United States,

approval of the Form I–68 shall be

denied. However, if, in the exercise of

discretion, the district director waives

under section 212(d)(3) of the Act all

applicable grounds of inadmissibility,

the I–68 application may be approved

for such non-citizens. If the Form I–68

application is denied, the applicant

shall be given written notice of and the

reasons for the denial by letter from the

district director. There is no appeal from

the denial of the Form I–68 application,

but the denial is without prejudice to a

subsequent application for this program

or any other Service benefit, except that

the applicant may not submit a

subsequent Form I–68 application for 90

days after the date of the last denial.

(4) Validity. Form I–68 shall be valid

for 1 year from the date of issuance, or

until revoked or voided by the Service,

except that in the case of a Form I–68

issued to a landed immigrant of Canada

who does not have a common

nationality with nationals of Canada,

such Form I–68 shall not be valid for

longer than the validity of the

applicant’s Form I–94.

(5) Conditions for participation in the

I–68 program. Upon being inspected

and positively identified by an

immigration officer and found

admissible and eligible for participation

in the I–68 program, a participant must

agree to abide by the following

conditions:

(i) Form I–68 may be used only when

entering the United States by means of

a vessel exclusively used for pleasure,

including chartered vessels when such

vessel has been chartered by an

approved Form I–68 holder. When used

by a person who is a not a citizen or a

lawful permanent resident of the United

States, admission shall be for a period

not to exceed 72 hours to visit within

25 miles of the shore line along the

northern border of the United States,

including the shore line of Lake

Michigan and Puget Sound.

(ii) Participants must be in possession

of any authorization documents issued

for participation in this program or

another Service Alternative Inspections

program (INSPASS or PORTPASS).

Participants over the age of 15 years and

who are not in possession of an

INSPASS or PORTPASS enrollment

card must also be in possession of a

photographic identification document

issued by a governmental agency.

Participants who are landed immigrants

of Canada and do not have a common

nationality with nationals of Canada

must also be in possession of a valid,

unexpired, Form I–94 endorsed for

multiple entries to the United States, a

valid passport, and United States visa.

(iii) Participants may not import

merchandise or transport controlled or

restricted items while entering the

United States under this program. The

entry of any merchandise or goods must

be in accordance with the laws and

regulations of all Federal Inspection

Services.

(iv) 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.

(v) Participants must 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).
Federal Register / Vol. 62, No. 176 / Thursday, September 11, 1997 / Rules and Regulations 47753

(vi) Participants acknowledge that all

devices, decals, cards, or other Federal

Government supplied identification or

technology used to identify or inspect

persons or vessels seeking entry via this

program remain the property of the

United States Government at all times,

and must be surrendered upon request

by a Border Patrol Agent or any other

officer of a Federal Inspection Service.

(vii) The captain, charterer, master, or

owner (if aboard) of each vessel bringing

persons into the United States is

responsible for determining that all

persons aboard the vessel are in

possession of a valid, unexpired Form I–

68 or other evidence of participation in

a Service Alternative Inspections

program (INSPASS or PORTPASS) prior

to entry into the territorial waters of the

United States. If any person on board is

not in possession of such evidence, the

captain, charterer, master, or owner

must transport such person to a staffed

United States Port-of-Entry for an inperson immigration inspection.

(6) Revocation. The district director,

the chief patrol agent, or their

designated representatives may revoke

the designation of any participant who

violates any condition of this program,

as contained in paragraph (e)(5) of this

section, 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, has abandoned his

or her residence in the United States or

Canada, is inadmissible to the United

States, or who is otherwise determined

by an immigration officer to be

ineligible for continued participation in

this program. Such persons 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 vessels.

If permission to participate is revoked,

a written request to the district director

for restoration of permission to

participate may be made. The district

director will notify the person of his or

her decision and the reasons therefore

in writing.

(7) Compliance checking.

Participation in this program does not

relieve the holder from responsibility to

comply with all other aspects of United

States Immigration, Customs, or other

Federal inspection service laws or

regulations. To prevent abuse, the

United States Immigration and

Naturalization 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 Immigration and Nationality

Act.

* * * * *

Dated: July 30, 1997.

Doris Meissner,

Commissioner, Immigration and

Naturalization Service.

[FR Doc. 97–24124 Filed 9–10–97; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96–NM–220–AD; Amendment

39–10121; AD 97–19–01]

RIN 2120–AA64

Airworthiness Directives; Saab Model

SAAB 2000 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Saab Model SAAB

2000 series airplanes, that requires a

one-time inspection of the hydraulic

tubes and electrical harness wires of the

wing rear access door for chafing,

leakage, or wear damage; repair of any

discrepancy found; and modification of

the wing rear access door. This

amendment is prompted by reports of

interference between the wing rear

access door and the hydraulic tubes and

electrical harnesses, and chafing damage

to the hydraulic tubes. The actions

specified by this AD are intended to

prevent such interference or chafing

damage, which could lead to failure of

the number 2 hydraulic system or loss

of certain electrical and landing

systems, and resultant reduced

controllability of the airplane.

DATES: Effective October 16, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of October 16,

1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from SAAB Aircraft AB, SAAB Aircraft

Product Support, S–581.88, Linko ̈ping,

Sweden. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the

Federal Register, 800 North Capitol

Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Ruth Harder, Aerospace Engineer,

Standardization Branch, ANM–113,

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(425) 227–1721; fax (425) 227–1149.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to certain Saab Model

SAAB 2000 series airplanes was

published in the Federal Register on

June 24, 1997 (62 FR 34024). That action

proposed to require a one-time visual

inspection of the hydraulic tubes and

electrical harness wires of the wing rear

access door for chafing, leakage, or wear

damage; repair of any discrepancy

found; and modification of the wing rear

access door.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due

consideration has been given to the

single comment received.

The commenter supports the

proposed rule.

Conclusion

After careful review of the available

data, including the comment noted

above, the FAA has determined that air

safety and the public interest require the

adoption of the rule as proposed.

Cost Impact

The FAA estimates that 3 Saab Model

SAAB 2000 series airplanes of U.S.

registry will be affected by this AD, that

it will take approximately 4 work hours

per airplane to accomplish the required

actions, and that the average labor rate

is $60 per work hour. Required parts

will be provided by the manufacturer at

no cost to operators.

Based on these figures, the cost

impact of the AD on U.S. operators is

estimated to be $720, or $240 per

airplane.

The cost impact figure discussed

above is based on assumptions that no

operator has yet accomplished any of

the requirements of this AD action, and

that no operator would accomplish

those actions in the future if this AD

were not adopted.

Regulatory Impact

The regulations adopted 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 final rule does