sign in sign up
<<
Home , Global Entry

5681

Rules and Regulations Federal Register Vol. 77, No. 24

Monday, February 6, 2012

This section of the FEDERAL REGISTER A. Summary of Requirements Under the rule also may be found on the Web sites contains regulatory documents having general Final Rule www.globalentry.gov and www.cbp.gov. applicability and legal effect, most of which 1. Participating Airports This final rule adopts, with some are keyed to and codified in the Code of 2. Global Entry Participation for Citizens of changes, the NPRM published in the Federal Regulations, which is published under the Federal Register on November 19, 2009, 50 titles pursuant to 44 U.S.C. 1510. 3. U.S. Citizen Participation in Privium 4. Global Entry Participation for Mexican which proposed establishing Global The Code of Federal Regulations is sold by Nationals Entry as an ongoing voluntary the Superintendent of Documents. Prices of 5. U.S. Citizen Eligibility in regulatory program. This final rule new books are listed in the first FEDERAL Trusted Traveler Program addresses all of the public comments REGISTER issue of each week. 6. Global Entry Privileges for NEXUS and received and provides Global Entry SENTRI Trusted Traveler Programs participants with all the relevant 7. Expansion of Global Entry to Qualified information. There were several minor DEPARTMENT OF HOMELAND Individuals From Other Countries changes made to the NPRM (see Section SECURITY B. Changes From the NPRM III B). The only significant change is that IV. Statutory and Regulatory Requirements minors under the age limit of 14 are 8 CFR Parts 103 and 235 A. Section 508 of the Rehabilitation Act of 1973 now permitted to apply to the Global RIN 1651–AA73 B. Executive Order 12866 and Executive Entry program. This change will allow Order 13563 more families to enjoy the benefits of [USCBP–2008–0097; CBP Dec. 11–15] C. Regulatory Flexibility Act the program and is in direct response to D. Unfunded Mandates Reform Act of 1995 feedback from the public. Establishment of Global Entry Program E. Executive Order 13132 F. Paperwork Reduction Act A. Expansion of the Global Entry Pilot AGENCY: U.S. Customs and Border G. Privacy Eligibility to Mexican Nationals Protection; DHS. H. Signing Authority After publication of the Global Entry ACTION: Final rule. I. Background, Purpose, and Summary NPRM, CBP published an additional Federal Register notice on December 29, SUMMARY: This final rule adopts, with of Final Rule 2010, to expand eligibility for some changes, a notice of proposed Pursuant to section 7208(k) of the participation in the Global Entry pilot to rulemaking published in the Federal Intelligence Reform and Terrorism include qualified Mexican nationals Register on November 19, 2009, which Prevention Act of 2004 (IRTPA), 118 who have been vetted by both CBP and proposed establishing an international Stat. 3638, as amended by section 565 the Government of Mexico and satisfy trusted traveler program called Global of the Consolidated Appropriations Act, the program’s eligibility requirements. Entry. This voluntary program allows 2008, 121 Stat. 1844, codified at 8 See 75 FR 82200. This expansion U.S. Customs and Border Protection U.S.C. 1365b, the Department of implements the Joint Declaration (CBP) to expedite clearance of pre- Homeland Security (DHS) published a between DHS and the Secretariat of approved, low-risk air travelers arriving notice of proposed rulemaking (NPRM) Governance of the United Mexican in the . This final rule in the Federal Register on November 19, States, through the National Migration establishes Global Entry as an ongoing 2009, proposing to establish an Institute. Since the publication of this voluntary regulatory program. international trusted traveler program Federal Register notice, CBP has been DATES: Effective Date: March 7, 2012. called Global Entry. See 74 FR 59932. accepting applications from Mexican FOR FURTHER INFORMATION CONTACT: As described in the NPRM, the Global nationals who are interested in Larry Panetta, CBP, Office of Field Entry program is modeled after the participating in the Global Entry pilot Operations, (202) 344–1253, or Daniel Global Entry pilot program, which has program. As of March 25, 2011, CBP has Tanciar, CBP, Office of Field operated since June 6, 2008. For more enrolled 396 Mexican nationals into the Operations, (202) 344–2818. information about the pilot and CBP’s Global Entry pilot program. As other trusted traveler programs, please SUPPLEMENTARY INFORMATION: explained in Section III A4, this rule refer to the Global Entry pilot notice announces that Mexican nationals who Table of Contents published on April 11, 2008 (73 FR meet eligibility requirements can enroll 19861) and the Global Entry NPRM I. Background, Purpose and Summary of in the Global Entry program. It further Final Rule published on November 19, 2009 (74 FR specifies that the rule serves notice that A. Expansion of the Global Entry Pilot 59932). As explained in the NPRM, CBP upon its implementation, Mexican Eligibility to Mexican Nationals published several Federal Register nationals who are existing participants B. Use of Global Entry Kiosks by notices that established the pilot, in the Global Entry pilot will be Participants of NEXUS and SENTRI expanded the Global Entry pilot to automatically enrolled in the ongoing II. Analysis of Comments include additional airports, and Global Entry program. A. Program Performance and Entry Process expanded eligibility for participation to B. Marketing of Global Entry include certain citizens of the B. Use of Global Entry Kiosks by C. Expansion of Global Entry Netherlands who otherwise satisfy the Participants of NEXUS and SENTRI D. Costs E. Program Integrity requirements for participation in the In another Federal Register notice F. Private Sector Involvement pilot. See 73 FR 19861, 73 FR 30416, 73 published on December 29, 2010 (75 FR G. Global Entry Equipment FR 47204, 74 FR 18586, and 74 FR 82204), CBP expanded the NEXUS and H. Privacy 39965. Additional details regarding the Secure Electronic Network for Travelers III. Conclusion growth of the pilot and the proposed Rapid Inspection (SENTRI) trusted

VerDate Mar<15>2010 17:13 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1 tkelley on DSK3SPTVN1PROD with RULES 5682 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations

traveler programs to allow participants participants in NEXUS and SENTRI will Below is a table outlining when of those programs use of the Global still be allowed to use the Global Entry various provisions of the rule were Entry kiosks. This rule does not change kiosks. introduced into the program: that. After implementation of this rule,

Federal Date Action Register cite

Initial Pilot Program ...... April 11, 2008 ...... Establish the International Registered Traveler pilot at three 73 FR 19861. airports. May 27, 2008 ...... Change the name to Global Entry Pilot ...... 73 FR 30416. August 13, 2008 ...... Expand pilot to four additional airports ...... 73 FR 47204. April 23, 2009 ...... Expand pilot to certain citizens of the Netherlands ...... 74 FR 18586. August 10, 2009 ...... Expand pilot to thirteen additional airports ...... 74 FR 39965. December 29, 2010 ...... Expand pilot to included qualified Mexican nationals ...... 75 FR 82200. NPRM ...... November 19, 2009 ...... Proposal to establish Global Entry as an ongoing program .... 74 FR 59932. Final Rule ...... Establishment of Global Entry.

II. Analysis of Comments travelers. One commenter stated that technical issues or problems. The kiosks CBP solicited public comments to the Global Entry is one of the most have been used over 1,014,000 times. Global Entry NPRM and the individual successful service initiatives taken by The increased volume of traffic to the Federal Register notices pertaining to CBP in recent years and has the kiosks by proven low-risk travelers the pilot, including the most recent potential to significantly improve the allows CBP officers more time and notices involving the expansion of entry process for returning citizens and resources to address higher risk security eligibility to Mexican nationals and legal residents, improve the concerns. CBP is approving applications allowing SENTRI and NEXUS members productivity of CBP’s gateway teams, for participation more quickly than was to use the Global Entry kiosks. This final and ease restrictions on the flow of initially expected. The average approval rule addresses all comments received in international travel (through reciprocal time for each application has been less response to the NPRM and the arrangements with other countries) than one week—better than the initial individual Federal Register notices. upon which our economy depends. estimates of ten to fourteen days. CBP received four comments in Another commenter stated that Global DHS has conducted an analysis of response to the Federal Register notice Entry has the potential to facilitate and wait times for Global Entry pilot announcing the pilot, one comment in expedite the arrival of international participants based on data for 1,575 response to the Federal Register notice travelers while enhancing security by flights with at least one Global Entry expanding eligibility to Mexican allowing CBP to focus its inspection passenger onboard from November 19, nationals, and ten comments in resources on passengers who have not 2008 to January 9, 2009. That analysis response to the NPRM. In total, CBP been previously vetted. Another indicates that participation in Global received 15 comments on the NPRM commenter, a frequent user of Global Entry may reduce a passenger’s wait and three notices. Entry, has found the pilot to be easy to time by up to seventy percent—or an Of the fifteen total comments, ten are use, reliable, and accessible, and a huge estimated seven minutes on average. It favorable, two are neither favorable nor advantage in clearing customs upon re- further demonstrates that participation unfavorable, and three were entry into the United States, especially in Global Entry reduces the variability unfavorable. The favorable comments during times of peak volume. of wait times. Less than one percent of include both positive statements Only one commenter criticized any Global Entry passengers wait longer regarding the program and suggestions aspect of the day-to-day operation of the than twenty minutes while of various avenues in which CBP might program. In an otherwise favorable approximately ten percent of all U.S. expand Global Entry. For example, two comment, the commenter asserted that citizens and U.S. Lawful Permanent of the favorable comments recommend its organization has received some Residents (LPR) wait longer than twenty that Global Entry include a role for the feedback from Global Entry pilot minutes. The analysis shows that Global private sector. The two neutral enrollees regarding sporadic problems Entry participation varies by airports, comments include suggestions for experienced involving confirmation of airlines, and the region from which the expansion of the program but include the individual’s identity at Global Entry flight originates. neither positive nor negative statements kiosks and that some CBP officers did Regarding the comment concerning regarding the program itself. Only three not possess the requisite knowledge to sporadic operational problems at kiosks, comments can be categorized as assist with the problems. CBP is continuously sending guidance generally unfavorable, in that they focus Response: CBP agrees with and to its field personnel regarding primarily on possible problems that appreciates the favorable comments operational issues. CBP incorporates the might arise. regarding the current benefits of the comments, complaints, and inquiries The following section groups the Global Entry pilot and the future regarding the program that it receives comments, along with CBP’s responses, benefits of the Global Entry program, from the public into this guidance to by category. which include the expedited processing improve operations. When a pilot of low- risk international travelers. participant is unable to successfully use A. Program Performance and Entry The Global Entry pilot is operating the kiosk, CBP’s backend Information Process successfully. As of June 6, 2011, over Technology (IT) system automatically Comment: Several commenters made 198,000 applications were filed and generates and sends an email to that general comments about how the Global over 148,000 participants were enrolled. participant. The email invites the Entry pilot expedites or will expedite The automated kiosks are working participant to provide feedback and the the entry process for participating smoothly with no current major details of his or her experience. CBP

VerDate Mar<15>2010 17:13 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 5683

reviews this input and, whenever C. Expansion of Global Entry already installed a kiosk at one private possible, responds to the participant Comment: Many of the commenters aircraft terminal as part of the Global with information about why the would like CBP to expand Global Entry. Entry pilot. A kiosk is currently difficulty has occurred. CBP then uses Several commenters praise CBP’s efforts operational at the General Aviation this information to make operational thus far to expand Global Entry Facility (GAF) at the Ft. Lauderdale improvements. participation through arrangements with Hollywood International Airport. Pilot Regarding the part of one comment foreign countries. Two commenters participants who are passengers or crew about some CBP officers not having the would like CBP to expand the program on private aircraft at Ft. Lauderdale requisite knowledge to provide to more airports. One commenter stated Hollywood International Airport, and assistance to Global Entry participants, that CBP should expand the program to arrive at the GAF private aircraft terminal, can use the Global Entry kiosk CBP is committed to the ongoing include ‘‘private aircraft used for operating at that terminal. CBP decided training and education of its personnel. recreation purposes’’ similar to the to make Global Entry available to As the pilot has expanded, CBP officers current I–68 program for recreational private aircraft at the GAF at the Ft. have become increasingly familiar with boaters. Another commenter would like Lauderdale Hollywood International the procedures for processing Global CBP to expand the program to include Airport due to the large number of Entry participants, which has, based on domestic flights. One commenter sets private aircraft, mostly recreational, that informal feedback received by CBP, led forth many ideas as to how the Global utilize that airport and terminal. The to improved participant satisfaction. Entry program might be expanded and availability of the Global Entry program integrated with other programs, B. Marketing of Global Entry will continue at the Ft. Lauderdale including expansion of eligibility to Hollywood International Airport after Comment: CBP received two Mexican nationals. That commenter also the Global Entry pilot becomes an comments suggesting that CBP should welcomed CBP’s ongoing efforts to ongoing program under this final rule. expand marketing and outreach for the expand Global Entry participation to As Global Entry progresses, CBP will program and include airports, airlines, qualified individuals from foreign determine whether it is feasible to and other entities in its outreach plans. countries. One commenter would like expand the program to additional CBP to expand the program to include Response: CBP agrees that the private aircraft locations. It should be travelers from the . marketing of Global Entry should be noted that private aircraft must comply Another commenter would like CBP to expanded, and CBP has begun that with all applicable reporting and expand Global Entry to include children process. CBP has been engaged in public inspection processes. under 14 so that families can take outreach to promote the Global Entry Regarding the comments asking CBP advantage of the program. Finally, the program and has started an extensive to expand Global Entry to persons from one commenter that responded to the marketing campaign to increase Global other countries, this final rule contains notice announcing the expansion to Entry enrollment. CBP has enlisted the a provision to permit certain Mexican nationals states that the services of a marketing firm to assist in nonimmigrant aliens to participate in expansion would be ‘‘too risky’’ and developing a marketing strategy. The the program. Under the final rule, the that ‘‘the addition would increase the firm has created a new Global Entry logo government of a foreign country must risk greater than the benefit’’ but does and tag line (‘‘Trusted Traveler enter into and operationalize a joint not explain what risks are being Network’’). The marketing firm has also arrangement with CBP concerning the referenced or offer any basis for the redesigned Global Entry brochures and expedited entry of air travelers in order statements. for travelers from that country to apply is working with CBP to improve the Response: CBP agrees with the layout of the program’s Web site. CBP for and, if found eligible, participate in majority of the commenters that the Global Entry. The final rule provides will increase public outreach efforts by Global Entry pilot should be expanded. placing advertisements in prominent that CBP will announce such While the Global Entry program will arrangements by publication in the and travel-related publications. The initially be limited to the twenty advertisements will outline the Federal Register. Additionally, under airports that comprised the Global Entry these arrangements, active members of program’s purpose, requirements, and pilot, CBP intends to expand the Global benefits. Global Entry may be eligible to apply for Entry program to additional airports. membership in the other foreign During the operation of the pilot, CBP When CBP is ready to expand to government’s trusted traveler program. has worked with airlines, airport additional airports and has selected the Where consistent with U.S. security operators, and other private sector airport or airports for expansion, this requirements, CBP has worked, and will companies and organizations to perform information will be announced to the continue to work, with interested public outreach and will continue to do public by Federal Register notice and countries that operate comparable so. Promotion of Global Entry involves on the Web site, www.globalentry.gov. international trusted traveler programs, the use of various methods, such as In addition, once the final rule is or have plans to operate such programs, advertisements, informational videos, published, CBP intends to expand the to enter into arrangements for the and brochures, to increase awareness of Global Entry program by adding more purposes of expanding eligibility for the program and to encourage people to kiosks at airports where the Global Global Entry and making U.S. citizens apply to join the program. One major Entry pilot is currently operational eligible to join those countries’ trusted airline published a Global Entry (subject to the availability of funds). traveler programs. advertisement in its in-flight magazine. This will accommodate new Global For example, under the Global Entry A major airport authority printed its Entry participants as enrollment pilot, CBP has entered into an own signs for Global Entry and increases. arrangement with the Netherlands to strategically placed them throughout the CBP is also open to the suggestion of allow citizens of the Netherlands who airport. In addition, CBP has worked making Global Entry available to participate in Privium, an expedited with the private sector by coordinating passengers and crew on private travel program operated by the on-site enrollment events for various (recreational) aircraft who are Global Government of the Netherlands, to companies and trade shows. Entry participants. In fact, CBP has participate in the Global Entry pilot.

VerDate Mar<15>2010 17:13 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1 tkelley on DSK3SPTVN1PROD with RULES 5684 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations

Several commenters specifically CBP does not agree, at this time, with applicant. During the enrollment center applauded the arrangement with the the commenter who suggested that interview, all of the information Netherlands. This arrangement will Global Entry should be expanded to provided by an applicant is verified. An continue under the Global Entry include domestic flights. Global Entry is applicant’s travel documents are program. As with all other participants designed to allow expedited screening physically examined by CBP officers to in the Global Entry pilot, currently and processing of pre-approved, low- validate authenticity and identity. CBP participating citizens from the risk international air travelers into the can also validate documents against the Netherlands will be automatically United States. CBP, in coordination Department of State and U.S. enrolled in Global Entry when Global with the Transportation Security Citizenship and Immigration Services Entry becomes an ongoing program. Administration (TSA) and other databases. The interconnectivity and CBP has also allowed Canadian and stakeholders, remains open to automated nature of these processes Mexican members of SENTRI and developing proposals to apply the result in operational efficiencies and a NEXUS to use Global Entry kiosks at trusted traveler concept to domestic high-level of security surrounding pilot Ports of Entry. CBP will continue commercial aviation security. personal information. With regard to the age limit, CBP has to allow SENTRI and NEXUS members F. Private Sector Involvement to use this service when Global Entry reconsidered and agrees that it would be becomes an ongoing program. beneficial to expand Global Entry to Comment: Two commenters suggested that CBP should ensure that there is Recently, CBP has further expanded allow children under the age of 14 to adequate private sector involvement in eligibility for joining the Global Entry participate, as this would allow more the operation of Global Entry. They pilot to include qualified Mexican families to enjoy the benefits of the maintain that certain functions, such as nationals who otherwise satisfy the program. Persons under the age of 18 enrollment, marketing, and customer requirements for participation in the who meet the general eligibility criteria service could be performed by the pilot. Mexican nationals may only and have the consent of a parent or legal guardian will be eligible to participate private sector. utilize the Global Entry kiosks upon Response: CBP considers many successful completion of a thorough risk in Global Entry. As is the case for all applicants, CBP must be able to conduct functions of Global Entry to be assessment by CBP and the Mexican governmental due to privacy concerns Government. Currently participating the requisite vetting of the applicant, including collection of the required and issues of national security. For Mexican nationals will be automatically example, as part of the enrollment enrolled in Global Entry when Global fingerprints needed to conduct the biometric based background checks and process, CBP officers must review the Entry becomes an ongoing program. citizenship or immigration status of CBP does not agree with the participate in an interview at an enrollment center. Global Entry applicants to make sure commenter who indicated that the that they are admissible under the expansion of Global Entry pilot to D. Costs complex admissibility requirements Mexican nationals is too risky. As noted Comment: One commenter would like under the INA. Global Entry has above, Mexican nationals may only use CBP to minimize the costs to airports successfully demonstrated the the Global Entry kiosks upon successful and airlines. efficiencies of its current process in the completion of a thorough risk Response: The infrastructure and pilot phase. The fact that applicants can assessment by CBP and the Mexican daily operation costs of the Global Entry deal directly with the government Government. Moreover, no applicant is program are the responsibility of CBP. allows CBP to keep the Global Entry fee accepted for participation in Global These costs have been, and will low. Entry if CBP determines that the continue to be, funded by user fees. As noted elsewhere in this document, individual presents a potential risk for There are no direct costs to the airlines CBP is currently working with, and will terrorism, criminality (such as or airports. In fact, airport authorities be increasing our collaboration with, smuggling) or if CBP cannot otherwise and airlines benefit from their several private entities in the marketing sufficiently determine that the applicant customers enrolled in Global Entry of Global Entry, including airlines, meets all the program eligibility criteria. receiving an enhanced travel hotels, travel and tourism companies, CBP vets participants in Global Entry on experience. Airlines also benefit from national business travelers groups, a recurring basis and can suspend or the expedited processing of their crew major companies, airports, and terminate membership if derogatory members who enroll in the program. marketing firms. information arises about an enrollee that makes him or her no longer eligible. In E. Program Integrity G. Global Entry Equipment addition, if circumstances indicate that Comment: One commenter states that Comment: One commenter stated that a country cannot meet its vetting or the Global Entry program may be ‘‘industry standards’’ should be utilized other obligations under its arrangement vulnerable to forged documents, when operating a ‘‘self-service terminal with CBP, CBP can modify, suspend, or although no arguments are provided to environment’’ and attached to the discontinue the joint arrangement if support this comment. comment a document said to describe necessary based on the arrangement’s Response: CBP disagrees with this these standards. The document attached particular terms. comment. The Global Entry program to the comment pertained to Automated CBP will announce any further includes many protections against Teller Machines. This commenter states expansions of the Global Entry program forgery and fraud. Global Entry that CBP must be able to remotely (including adding airports, extending applications are submitted online and support the terminals and to know eligibility to additional populations, or go directly to a central CBP vetting when those terminals are available or expanding reciprocal eligibility for U.S. center. Then, if conditionally approved, are having component problems. citizens to foreign governments’ trusted the application moves forward to the Response: CBP has operating traveler programs), as well as any enrollment center, where CBP procedures in place that are appropriate retractions (i.e., cancellations of such addresses, among other things, any to the kiosks used in the Global Entry arrangements) by publication of a notice unresolved issues or potential program. Under these procedures, when in the Federal Register. derogatory information regarding the a kiosk (or terminal) encounters a

VerDate Mar<15>2010 17:13 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 5685

problem or is not operational, the IT asserts these exemptions on a case- by- Comment: The commenter states that system automatically notifies CBP case basis where access to a responsive CBP failed to publish a Privacy Impact personnel to troubleshoot the problem. record is sought. Assessment (PIA) for Global Entry. These protocols allow CBP to make Comment: The commenter states that Response: CBP disagrees with this modifications to individual terminals the Global Entry applicant is afforded comment. Global Entry, as a trusted without disrupting the entire network. only limited Privacy Act protections as traveler program, is included and H. Privacy the exemptions for GES create the covered by the PIA for the GES potential for CBP to ‘‘use the published on April 20, 2006. While the One commenter addresses several information with little accountability.’’ GES PIA refers to Global Entry under its privacy concerns that the commenter former name (USPASS/International perceives to exist in the Global Entry Response: CBP disagrees with this comment. Exempt information in GES is Registered Traveler (IRT)), the Program and the Global Enrollment particulars of the program, its collection System (GES) that supports Global Entry limited to information derived from law enforcement databases or investigative of information, the system in which it and other CBP trusted traveler maintains that information, and the uses programs. We address these comments files. Each request for access to exempt information will be reviewed on a case- to be made of the information, are in turn: described within that document. Comment: The commenter states that by-case basis. After conferring with the the Global Entry Program contravenes appropriate component or agency, CBP Comment: The commenter states that the intent of the Privacy Act (5 U.S.C. may waive applicable exemptions in the lessons learned from a previous 552a) through CBP’s assertion of the circumstances where it would not Government agency-operated registered exemptions found at sections (j)(2) and interfere with or adversely affect the law traveler program weigh against the (k)(2) of the Privacy Act for information enforcement purposes of the systems establishment of the Global Entry retained in the GES. (Section (j)(2) from which the information is either program. allows the head of any agency to exempt recompiled or contained. Information Response: CBP disagrees with this from certain sections of the Privacy Act submitted by or on behalf of the comment. The comment refers to a any system of records that is maintained applicant as part of her or his registered traveler concept that the by an agency or component with a application may be sought pursuant to Government originally tested but was principal function of law enforcement; the Privacy Act or Freedom of later transferred to the private sector. In section (k)(2) allows an agency head, to Information Act. certain cases, the private entities that captured and maintained biographic a limited extent, to exempt from certain Additionally, the applicant may seek and biometric data allegedly failed to sections of the Privacy Act investigatory redress through the several avenues secure PII in their own databases that material compiled for law enforcement provided in the Global Entry program were not connected to, and did not purposes.) including at the enrollment center interact with, Government systems. In Response: CBP disagrees with this where that individual’s interview was contrast, the Global Entry program has comment. Exempt information in GES is conducted, the DHS Traveler Redress sufficient systems and safeguards in limited to information derived from law Inquiry Program (DHS TRIP), or the CBP place to ensure the security and privacy enforcement databases or investigative Trusted Traveler Ombudsman to of the individuals’ records. CBP and its files. The exemption statement for the address concerns or agency actions to predecessor agencies, the Immigration GES System of Records Notice clearly which they attribute CBP reliance upon and Naturalization Service and the states that no exemption will be claimed information that they believe to be United States Customs Service, have for information obtained from an erroneous or to have an inappropriately many years experience successfully application or otherwise submitted by derogatory affect upon CBP’s decision operating and protecting PII for trusted an applicant. concerning their participation in the The exemptions found at (j)(2) and traveler programs such as NEXUS, program. (k)(2) are asserted to protect information SENTRI, and FAST. compiled from background checks Comment: The commenter states that III. Conclusion performed to assist CBP in determining the Global Entry program creates a whether to approve a trusted traveler significant security risk as the After consideration of the comments application. The purpose of a decision applicant’s personally identifiable received, and based on the success of to approve an applicant for a trusted information (PII), including biometric the Global Entry pilot, CBP has traveler program, including Global data and employment history, in GES determined that Global Entry should be Entry, is to allow for expedited may be disclosed to any government established as an ongoing program. The clearance (i.e., to permit pre-approved, agency beyond the ‘‘routine use’’ Global Entry program, like the Global low risk travelers to obtain admission to provisions of the Privacy Act. Entry pilot, will facilitate the movement the United States more quickly) in Response: CBP disagrees with this of pre-approved, low-risk air travelers circumstances where the person seeking comment. CBP abides by the arriving in the United States. The Global admission has volunteered and met the requirements of the Privacy Act in Entry program will provide an program’s eligibility requirements. CBP, determining whether to share expedited inspection and examination consistent with its border security and information derived from GES, pursuant process for pre-approved, low-risk air trade facilitation missions, performs a to a routine use. CBP takes reasonable travelers by allowing them to proceed law enforcement background check measures to ensure that information that directly to automated Global Entry prior to making a decision to approve or is shared consistent with its authority is kiosks upon their arrival in the United deny a trusted traveler application. appropriately protected. Before any States at Global Entry-equipped Ports of These background checks include information is disclosed, CBP considers Entry. This ongoing Global Entry information obtained from law whether the disclosure and use of the program, along with the other trusted enforcement databases and investigative data are consistent with the purpose for traveler programs that CBP operates, is files and may contain information collection and are consistent with the consistent with CBP’s strategic goal of relating to criminal or civil violations. terms of a statutory or published routine facilitating legitimate travel while Consistent with the Privacy Act, CBP use. securing the homeland.

VerDate Mar<15>2010 17:13 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1 tkelley on DSK3SPTVN1PROD with RULES 5686 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations

Accordingly, this final rule adopts, International Airport, Philadelphia, and enter the United States for business with the changes described in Section Pennsylvania (PHL); San Juan—Luis or pleasure purposes for up to 90 days III B, the ongoing Global Entry program Munos Marin International Airport, San without obtaining a visa. VWP travelers as proposed in the NPRM. Current Juan, Puerto Rico (SJU); and Ft. are required to obtain a travel participants in the Global Entry pilot, Lauderdale Hollywood International authorization via the Electronic System including those citizens of the Airport, Fort Lauderdale, Florida (FLL). for Travel Authorization (ESTA) prior to Netherlands and Mexican nationals who A Global Entry kiosk is also available at traveling to the United States under the participate through joint arrangements the private aircraft terminal, General VWP. ESTA is accessible online at with those countries, will be Aviation Facility (GAF), at Fort https://esta.cbp.dhs.gov. The ESTA automatically enrolled in the Global Lauderdale Hollywood International requirements will continue to be Entry program for five years from the Airport. This final rule serves notice applicable to Global Entry applicants date of their initial enrollment in the that, upon the effective date of the who are VWP travelers. Global Entry pilot. Participation in Global Entry will Global Entry program, the program will applicants from the Netherlands who remain voluntary and subject to the continue to operate at these same 20 wish to travel to the United States under enrollee continuing to satisfy the airports and at the private aircraft the VWP must have an approved ESTA program’s entry requirements. The terminal, GAF, at Fort Lauderdale when applying for Global Entry. CBP existing Global Entry pilot will continue Hollywood International Airport. will explore ways to integrate the ESTA to operate until the effective date of this CBP will announce expansions to new process with the Global Entry final rule. airports in a Federal Register notice and application process. on the Web site www.globalentry.gov, A. Summary of Requirements Under the just as CBP has announced them for the 3. U.S. Citizen Eligibility in Privium Final Rule pilot. An updated list of all the airports Pursuant to the arrangement with the 1. Participating Airports at which Global Entry is operational Government of the Netherlands, U.S. will be available at citizens who participate in Global Entry CBP anticipates that the Global Entry www.globalentry.gov. will have the option to also apply to join program eventually will be expanded to Privium. Privium is an automated operate at most major international 2. Global Entry Eligibility for Qualified border passage system in the airport locations within the United Citizens of the Netherlands Netherlands that provides expedited States. The program, however, initially The United States has entered into an entry and exit at Amsterdam Airport will be limited to the twenty airports arrangement with the Netherlands Schiphol. It uses iris scans to provide that have participated in the Global concerning Global Entry. Pursuant to quick and secure biometric confirmation Entry pilot. The airports chosen for this arrangement, qualified citizens of of a traveler’s identity. Enrollment Global Entry are those facilities which the Netherlands who participate in includes an eligibility assessment by the typically experience the largest numbers Privium, an expedited travel program in Dutch border police. Upon a positive of travelers arriving from outside of the the Netherlands, may apply for determination of eligibility, pictures of United States. participation in the Global Entry each iris are taken and stored on a The Global Entry pilot currently program. Applicants who are citizens of personalized smart card. Upon entry operates at the following twenty the Netherlands will be required to and exit, Privium members place their airports: John F. Kennedy International complete the Global Entry on-line Privium smart card into a reader and a Airport, Jamaica, (JFK); application, pay the non-refundable validity check is performed George Bush Intercontinental Airport, $100 applicant processing fee, and with the Dutch authorities and valid Houston, Texas (IAH); Washington satisfy all the requirements of the Global membership is verified. The Dulles International Airport, Sterling, Entry program. Based on the terms of individual’s iris information is then Virginia (IAD); Los Angeles the existing arrangement with the compared against the iris information International Airport, Los Angeles, Government of the Netherlands, these stored on the card. This border passage California (LAX); Hartsfield-Jackson citizens will be permitted to participate process takes approximately twelve International Airport, Atlanta, in Global Entry only upon successful seconds. Georgia (ATL); Chicago O’Hare completion of a thorough risk Additional fees and information International Airport, Chicago, Illinois assessment by both CBP and the sharing beyond CBP’s Global Entry (ORD); Miami International Airport, Government of the Netherlands. requirements are needed for U.S. Miami, Florida (MIA); Newark Liberty CBP is currently accepting citizens who wish to participate in International Airport, Newark, New applications from eligible citizens of the Privium through Global Entry. If Jersey (EWR); San Francisco Netherlands for the Global Entry pilot approved, U.S. citizens would be able to International Airport, San Francisco, and will continue to accept such take advantage of expedited travel into, California (SFO); Orlando International applications as Global Entry becomes an and out of, the Netherlands at Airport, Orlando, Florida (MCO); Detroit ongoing program. This final rule also Amsterdam Airport Schiphol. More Metropolitan Wayne County Airport, serves notice that, upon its information about how to apply for Romulus, Michigan (DTW); Dallas Fort implementation, citizens of the Privium membership is available at Worth International Airport, Dallas, Netherlands who are existing www.globalentry.gov. Texas (DFW); Honolulu International participants in the Global Entry pilot Airport, Honolulu, Hawaii (HNL); will be automatically enrolled in the 4. Global Entry Eligibility for Qualified —Logan International Airport, Global Entry program. The time period Mexican Nationals Boston, Massachusetts (BOS); Las of their enrollment will be five years DHS, through CBP, has issued a Joint Vegas—McCarran International Airport, beginning from the date of their Declaration with the Secretariat of Las Vegas, Nevada (LAS); Sanford— enrollment in the pilot. Governance of the United Mexican Orlando International Airport, Sanford, The Netherlands is also a participant States, through the National Migration Florida (SFB); Seattle—Tacoma in the Visa Waiver Program (VWP). The Institute, concerning Global Entry. International Airport-SEATAC, Seattle, VWP enables citizens and nationals Pursuant to this Joint Declaration, Washington (SEA); Philadelphia from participating countries to travel to qualified Mexican nationals may apply

VerDate Mar<15>2010 17:13 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 5687

to join the Global Entry program. becomes effective, those arrangements guardian will be eligible to participate Mexican nationals will be required to will continue after this rule becomes in Global Entry. complete the on-line application, pay effective. CBP may modify, suspend, or At new sections 235.12(b)(1) and the non-refundable $100 per person discontinue arrangements made with 235.12(f), regarding program eligibility applicant processing fee, and satisfy all other countries for participation in criteria and the required travel the requirements of the Global Entry Global Entry without prior notice to the documents for Global Entry program. Based on the terms of the Joint public, but will announce such actions, participants, we have added the words Declaration, Mexican nationals will be as soon as practicable, by publication of ‘‘or other appropriate travel document permitted to use the Global Entry kiosks a notice in the Federal Register and on as determined by CBP.’’ These two only upon successful completion of a the Web site www.globalentry.gov. thorough risk assessment by both CBP sections designate the types of B. Changes From the NPRM and the Mexican Government. ‘‘machine-readable’’ documents that CBP is currently accepting Based on experiences with the Global Global Entry participants will need for applications from eligible Mexican Entry pilot and comments from the participation in Global Entry to enable nationals for the Global Entry pilot and public, CBP has made the following the participant to use the kiosk. Due to will continue to accept such minor changes from the proposed rapidly changing technologies, it is applications as Global Entry becomes an regulations in order to provide CBP with possible that alternative documents ongoing program. This final rule serves optimal flexibility in future operations would be appropriate for this purpose. notice that upon its implementation, of Global Entry and to allow for the This change will allow for such future Mexican nationals who are existing integration of new technologies: development. participants in the Global Entry pilot Proposed section 235.7a is designated At new section 235.12(d) regarding will be automatically enrolled in the in the final rule as section 235.12. program application, we are revising the Proposed section 235.7a (b) ongoing Global Entry program. The time language to allow for possible new (‘‘Definitions’’) is removed. We have period of their enrollment will be five technologies (changes in software). determined that the definitions are years, beginning from the date of their Specifically, we are removing references enrollment in the pilot. unnecessary as the terms that were defined (nonimmigrant alien, U.S. to the Global On-line Enrollment 5. U.S. Citizen Eligibility in Mexico citizen, U.S. lawful permanent resident, System (GOES) as the described method Trusted Traveler Program and U.S. national) are understood to of applying for Global Entry. Although CBP currently uses GOES to process DHS, through CBP, has issued a Joint have the same meaning that they have Global Entry applications, the removal Declaration with the Secretariat of throughout Title 8 of the Code of Governance of the United Mexican Federal Regulations (8 CFR) and as of the specific reference to GOES would States, through the National Migration defined and/or described by statute in 8 allow for future process or system Institute, concerning Global Entry. U.S.C. 1101. Should any of these changes. Pursuant to this Joint Declaration, U.S. definitions be changed by statute or At the new section 235.12(d)(3), we citizens who participate in the Global regulation, conforming changes to the added a sentence to clarify that every Entry program will have the option to Global Entry regulations would not be applicant accepted into Global Entry is apply for participation in Mexico’s required. The letter designations of the accepted for a period of 5 years trusted traveler program, once such a remaining sections are changed provided participation is not suspended program is developed. accordingly. or terminated by CBP prior to the end At new section 235.12(b)(1)(ii), of the 5-year period. In order to provide 6. Global Entry Privileges for NEXUS regarding eligible individuals from greater flexibility for the public in the and SENTRI Trusted Traveler Programs countries that have entered into renewal process, we have increased the Members in good standing of NEXUS arrangements with CBP, we have time period in which the public may and SENTRI are permitted to use Global deleted the word ‘‘reciprocal.’’ Although apply to renew participation from up to Entry kiosks as part of their NEXUS or individuals belonging to the Global 90 days before expiration to up to one SENTRI membership. NEXUS is a Entry program and a similar program year before expiration. In addition, for program jointly administered by the operated by a country with which CBP consistency with other sections, we United States and that allows has entered such an arrangement will have changed ‘‘membership period’’ to certain pre-approved, low-risk travelers receive some ‘‘reciprocal’’ benefits from ‘‘participation period’’. expedited processing for travel between both countries, the memberships will the United States and Canada. The not be completely reciprocal since each At new section 235.12(e), regarding SENTRI trusted traveler program allows country must separately approve interview and enrollment, we have certain pre-approved, low-risk travelers applicants. Therefore, an applicant removed the language indicating that expedited entry at specified land border could be accepted into one country’s the applicant will schedule his or her ports along the U.S.-Mexico border. program but not that of the other interview through their GOES account country participating in the and will be notified of his or her 7. Expansion of Global Entry to arrangement. The specific arrangements acceptance or denial also through the Qualified Individuals From Other and the terms and conditions of GOES account. This will provide CBP Countries arrangements will vary and will be with flexibility in developing alternative Expansion of the Global Entry announced in the Federal Register. or different procedures to accomplish Program achieved through arrangements At new section 235.12(b)(1)(iii), these tasks in the future. Presently, with other countries will be announced regarding eligibility criteria, all applicants will schedule their by publication of a notice in the Federal references to the age limit of 14 are interviews and receive notification of Register and on the Web site removed. This change will allow more acceptance or denial through their www.globalentry.gov. If any families to enjoy the benefits of the GOES account. These procedures will arrangements with other countries program. Persons under the age of 18 continue until such time that CBP under the pilot are announced in the who meet the general eligibility criteria develops alternate methods to Federal Register before this rule and have the consent of a parent or legal accomplish these tasks.

VerDate Mar<15>2010 17:13 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1 tkelley on DSK3SPTVN1PROD with RULES 5688 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations

IV. Statutory and Regulatory admissible to the United States will be study (June 2008 to June 2009), DHS Requirements able to enter or exit the country estimates enrollees could save more regardless of whether they participate in than 70% in processing time with an A. Section 508 of the Rehabilitation Act Global Entry. This evaluation explores average savings of 7.6 minutes per trip of 1973 the potential costs and benefits of this (standard deviation of 3.8 minutes). In Section 508 of the Rehabilitation Act voluntary trusted traveler program. addition, more than 50 percent of Global of 1973 requires federal departments CBP estimates that over a 5-year Entry passengers were admitted into the and agencies to ensure that the period Global Entry will process United States in one minute or less and information and communication approximately 500,000 enrollees, 82 percent were admitted into the technology (ICT) that they procure, equating to an annual average of United States in less than five minutes; develop, maintain, or use is accessible 100,000 individuals. Note that this (see U.S. Department of Homeland to participants with disabilities. estimate is twice the number of Security Customs and Border Protection Participants in Global Entry will use an individuals estimated in the NPRM. and U.S. Department of Homeland automated kiosk to expedite their Since publication of the NPRM, CBP has Security, Office of Policy. March 2010. admission to the United States. The embarked on a wide outreach campaign ‘‘Global Entry Twelve Month Pilot Global Entry kiosks have been designed to inform the public about the program. Review: From June 6, 2008 to June 6, to meet all applicable Section 508, The Global Entry program has thus been 2009.’’ Page 4. This document is Subpart B Technical Standards: section well advertised and well received by the available for review in the public docket 1194.25 standards for Self-Contained traveling public, and enrollment for this rulemaking). Monetizing time Closed Products. These specific Section numbers have increased far beyond savings is difficult; entry processing 508 standards apply to self-contained, original expectations. To account for times vary widely among airports and closed products, such as automated this success, CBP now estimates an times of day (note the large standard kiosks, and require that the access annual average of 100,000 individuals. deviation above), and the number of features of the kiosk be built into the CBP will charge a fee of $100 per trips that Global Entry will be used for system so users do not have to attach an applicant and estimates that each any given individual is unknown. assistive device. Additional application will require 40 minutes During some peak periods at some specifications address mechanisms for (0.67 hours) of the potential enrollee’s international airports, entry processing private listening such as a headset or a time to search existing data resources, times can be an hour or more. Avoiding standard headphone jack, touchscreens, gather the data needed, and complete such lines by using Global Entry kiosks auditory output, adjustable volume and review the application form. and avoiding all other entry processing controls and requirements that the Additionally, an enrollee will would likely represent a clear savings in location of the kiosk controls is in experience an ‘‘opportunity cost of time for a typical participant. accessible reach ranges. The Global time’’ to travel to an enrollment center Because participation in the Global Entry automated kiosks are Section 508- upon acceptance of the initial Entry program is voluntary, the compliant.1 Global Entry participants application. We assume that 1 hour will perceived benefits of reduced wait time must provide fingerprint biometrics at be required for this time spent at the would have to equal or exceed the cost the time of the personal interview and enrollment center and travel to and from of the program over 5 years. Potential again at the kiosk at the airport. CBP has the Center, though we note that during enrollees will determine whether or not also made the kiosks and the Global the pilot, many applicants have it is worthwhile to enroll in the program Entry program accessible to participants coordinated their trip to an enrollment based on their individual preferences, with disabilities related to the collection center with their travel at the airport. which will be influenced by the number of biometrics. If an applicant is missing We have used 1 hour of travel time so of trips they make and the typical wait a digit(s), the CBP officer will make the as not to underestimate potential times they experience when entering the proper annotation in the system to allow opportunity costs for enrolling in the United States. The most likely such an individual to use the Global program. We use a value of $44.30 for participants in the program are those Entry kiosk. the opportunity cost for this time, which that plan to make multiple trips over 5 B. Executive Order 12866 and Executive is taken from the Department of years from participating airports, Order 13563 Transportation’s Revised Departmental typically experience long waits at the Guidance on Valuation of Travel Time airports they use, or are averse to the This rule is not an ‘‘economically in Economic Analysis (September 28, perceived annoyance or inconvenience significant’’ rulemaking action under 2011. See Table 4. Available at http:// of standing in line for entry processing. Executive Order 12866, as www.faa.gov/regulations_policies/ Using the estimates presented above, if supplemented by Executive Order policy_guidance/benefit_cost, accessed the annualized cost of the program is 13563, because it will not result in the November 1, 2011). This value is the $42 (total cost of $173.98 amortized over expenditure of more than $100 million weighted average for U.S. business and 5 years at a 7 percent discount rate) and in any one year. This rule, however, is leisure travelers. if the time saved per trip were 7.6 a significant regulatory action under Using these values, we estimate that minutes (monetized savings of $5.61 per Executive Order 12866; therefore, this the cost per enrollee is $173.98 ($44.30 trip), then an average enrollee would rule has been reviewed by the Office of per hour × 1.67 hours + $100 enrollment need to make about eight trips annually Management and Budget. fee). If there are 100,000 enrollees through participating airports to Global Entry is a voluntary program annually, this cost will be $17.4 million consider enrollment in the Global Entry that speeds the CBP processing time for per year. Over 5 years, the total costs to program worth the cost and estimated participating air travelers by more than enrollees will be approximately $76 burden. 70%. Travelers who are otherwise million at a 7 percent discount rate ($82 In addition to travelers who enroll in million at a 3 percent discount rate). the program, those travelers not enrolled 1 Department of Homeland Security, Office of As noted previously, Global Entry in Global Entry could experience a Accessible Systems and Technology conducted two reviews, in 2007 and 2008, demonstrating such will allow for expedited processing for small time-savings as well. If Global compliance. The automated kiosks have not those travelers enrolled in the program. Entry enrollees are not standing in the changed since that time. Based on an analysis from a year-long regular entry processing lines, non-

VerDate Mar<15>2010 17:13 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 5689

enrollees could experience reduced wait significantly or uniquely affect small The estimated total fee cost to times. governments. Therefore, no actions are respondents resulting from the $100 Faster processing of all travelers leads necessary under the provisions of the enrollment fee for Global Entry is $10 to fewer missed connections and more Unfunded Mandates Reform Act of million. satisfied customers. Because of the 1995. benefits the program provides, many G. Privacy airports and airlines have expressed to E. Executive Order 13132 The on-line application for Global CBP their strong support of Global The rule will not have substantial Entry, currently known as GOES, Entry. Likewise, trade associations have direct effects on the States, on the collects information similar to that expressed their support of the program, relationship between the National collected on applications for CBP’s saying that it enhances security while Government and the States, or on the other trusted traveler programs (i.e., easing the flow of international distribution of power and NEXUS, SENTRI and FAST). The commerce. Because of the benefits, responsibilities among the various information collected through the on- airlines, airports, and trade associations levels of government. Therefore, in line application is deposited into the have voluntarily promoted Global Entry accordance with section 6 of Executive Global Enrollment System (GES), as the to their customers through email, Order 13132, this rule does not have system of record for CBP trusted traveler pamphlets, and web advertisements. sufficient federalism implications to programs. The personal information Finally, the costs for CBP to warrant the preparation of a federalism provided by the applicants, including administer this program are not summary impact statement. the fingerprint biometrics taken at the included here because they will be time of the personal interview, may be recovered through the $100 enrollment F. Paperwork Reduction Act shared with other government and law fee. CBP could experience benefits by Information is being collected from enforcement agencies in accordance speeding passenger processing and voluntary applicants in order to assess with applicable laws and regulations. avoiding time needed to process proven whether the individuals meet the The personal information that is low-risk travelers. The time saved eligibility requirements and are collected through GOES is maintained would allow CBP to focus more otherwise deemed to be low-risk in a Privacy Act system of records (GES) attention on higher-risk travelers, which travelers and therefore may for which the required notice was last would improve security. appropriately participate in the published in the Federal Register (71 FR 20708) on April 21, 2006. C. Regulatory Flexibility Act voluntary Global Entry program. This information will be collected through Additionally, CBP published a PIA for This section examines the impact of GOES. This collection of information is GES on April 20, 2006 that covers this the rule on small entities as required by required and authorized by 8 U.S.C. program on the DHS Privacy Office Web the Regulatory Flexibility Act (5 U.S.C. 1365b and 8 CFR part 235 for use in site, www.dhs.gov/privacy. In addition, 604), as amended by the Small Business international trusted traveler programs. a PIA update addressing the on-line Regulatory Enforcement and Fairness Additionally, the information being functionality of the enrollment process Act of 1996. A small entity may be a collected is necessary to satisfy the (GOES) was posted to the DHS Privacy small business (defined as any requirements regarding examination of Office Web site on November 1, 2006. independently owned and operated aliens applying for admission to the Applicant biometrics (fingerprints, photographs) are stored in the DHS business not dominant in its field that United States pursuant to 8 U.S.C. Automated Biometric Identification qualifies as a small business per the 1225(a)(3), 8 U.S.C. 1225(b) and 8 U.S.C. System (IDENT). The IDENT Privacy Small Business Act); a small not-for- 1182(a)(7), and U.S. Citizens entering Act System of Records notice was last profit organization; or a small the United States pursuant to 8 U.S.C. published on June 5, 2007. governmental jurisdiction (locality with 1185(b). fewer than 50,000 people). An agency may not conduct, and a H. Signing Authority CBP has considered the impact of this person is not required to respond to, a rule on small entities. Global Entry is The signing authority for this collection of information unless the voluntary and the fee to enroll in Global document falls under 8 U.S.C. 1365b(k) collection of information displays a Entry is one hundred dollars plus the pertaining to the authority of the valid control number assigned by OMB. opportunity cost of the individual Secretary of Homeland Security to CBP has submitted a revision to OMB applying. CBP believes such an expense develop and implement a trusted clearance 1651–0121 to reflect the would not rise to the level of being a traveler program to expedite the travel addition of the Global Entry Program in ‘‘significant economic impact,’’ of previously screened and known accordance with the Paperwork particularly as the expense need not be travelers across the borders of the Reduction Act of 1995 (44 U.S.C. 3507). incurred unless the enrollee chooses to United States. The burden estimates for collecting incur it. CBP did not receive any List of Subjects comments during the public comment and entering information for the GOES period regarding impacts to small on-line application for Global Entry, 8 CFR Part 103 entities. Thus, CBP certifies that this interview time, and travel time are Administrative practice and rule will not have a significant presented below: procedure, Authority delegations economic impact on a substantial Estimated Number of Respondents: (Government agencies), Freedom of number of small entities. 100,000. information, Immigration, Privacy, Estimated Number of Responses per Reporting and recordkeeping D. Unfunded Mandates Reform Act of Respondent: 1. requirements, Surety bonds. 1995 Estimated Number of Total Annual This rule will not result in the Responses: 100,000. 8 CFR Part 235 expenditure by State, local, and tribal Estimated Time per Response: 1 hour Administrative practice and governments, in the aggregate, or by the and 40 minutes (1.67 hours). procedure, Aliens, Immigration, private sector, of $100 million or more Estimate Total Annual Burden Hours: Reporting and recordkeeping in any one year, and it will not 167,000. requirements.

VerDate Mar<15>2010 17:13 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1 tkelley on DSK3SPTVN1PROD with RULES 5690 Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations

Amendments to Regulations readable passport, a valid, machine- or agriculture regulations, procedures, For the reasons set forth in this readable U.S. Lawful Permanent or laws in any country; document, 8 CFR parts 103 and 235 are Resident Card (Form I–551), or other (iv) The applicant is the subject of an amended as follows: appropriate travel document as investigation by any federal, state, or determined by CBP, may apply to local law enforcement agency in any PART 103—POWERS AND DUTIES; participate in Global Entry: country; AVAILABILITY OF RECORDS (i) U.S. citizens, U.S. nationals, and (v) The applicant is inadmissible to U.S. lawful permanent residents absent the United States under applicable ■ 1. The authority citation for part 103 any of the disqualifying factors immigration laws or has, at any time, is revised to read as follows: described in paragraph (b)(2) of this been granted a waiver of inadmissibility Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. section. or parole; 1101, 1103, 1304, 1356, 1365b; 31 U.S.C. (ii) Certain nonimmigrant aliens from (vi) The applicant is known or 9701; Pub. L. 107–296, 116 Stat. 2135 (6 countries that have entered into suspected of being or having been U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, arrangements with CBP concerning engaged in conduct constituting, in 15557, 3 CFR, 1982 Comp., p.166; 8 CFR part international trusted traveler programs preparation for, in aid of, or related to 2. absent any of the disqualifying factors terrorism; or ■ 2. In § 103.7, paragraph (b)(1)(ii)(M) is described in paragraph (b)(2) of this (vii) The applicant cannot satisfy CBP added to read as follows: section, and subject to the conditions set of his or her low-risk status or meet forth in the particular arrangement. other program requirements. § 103.7 Fees. Individuals from a country that has (c) Participating airports. The Global * * * * * entered into such an arrangement with Entry program allows participants (b) * * * CBP may be eligible to apply for expedited entry into the United States at (1) * * * participation in Global Entry only after the locations identified at www. (ii) * * * CBP announces the arrangement by globalentry.gov. Expansions of the (M) Global Entry. For filing an publication of a notice in the Federal Global Entry program to new airports application for Global Entry—$100. Register. The notice will include the will be announced by publication in the * * * * * country, the scope of eligibility of Federal Register and at www. nonimmigrant aliens from that country globalentry.gov. (d) Program application. PART 235—INSPECTION OF PERSONS (e.g., whether only citizens of the (1) Each applicant must complete and APPLYING FOR ADMISSION foreign country or citizens and non- submit the program application citizens are eligible) and other ■ 3. The authority citation for part 235 electronically through an approved conditions that may apply based on the is revised to read as follows: application process as determined by terms of the arrangement. CBP may CBP. The application and application Authority: 8 U.S.C. 1101 and note, 1103, change or terminate these arrangements instructions for the Global Entry 1183, 1185 (pursuant to E.O. 13323, 69 FR without prior notice to the public, but 241, 3 CFR, 2004 Comp., p.278), 1201, 1224, program are available at www. will announce such actions as soon as 1225, 1226, 1228, 1365a note, 1365b, 1379, globalentry.gov. 1731–32; Title VII of Pub. L. 110–229; 8 practicable on www.globalentry.gov and (2) Each applicant must pay a non- U.S.C. 1185 note (section 7209 of Pub. L. by publication of a notice in the Federal refundable fee in the amount set forth at 108–458). Register. 8 CFR 103.7(b)(1)(ii)(M) for ‘‘Global ■ 4. A new § 235.12 is added to read as (iii) Persons under the age of 18 who Entry’’ at the time of application. The follows: meet the eligibility criteria of paragraph fee is to be paid to CBP at the time of (b)(1)(i) or (ii) of this section must have application through the Federal § 235.12 Global Entry program. the consent of a parent or legal guardian Government’s on-line payment system, (a) Program description. The Global to participate in Global Entry and Pay.gov or other CBP-approved process. Entry program is a voluntary provide proof of such consent in (3) Every applicant accepted into international trusted traveler program accordance with CBP instructions. Global Entry is accepted for a period of consisting of an integrated passenger (2) Disqualifying factors. An 5 years provided participation is not processing system that expedites the individual is ineligible to participate in suspended or terminated by CBP prior movement of low-risk air travelers into Global Entry if CBP, at its sole to the end of the 5-year period. Each the United States by providing an discretion, determines that the applicant may apply to renew alternate inspection process for pre- individual presents a potential risk for participation up to one year prior to the approved, pre-screened travelers. In terrorism, criminality (such as close of the participation period. order to participate, a person must meet smuggling), or is otherwise not a low- (4) Each applicant may check the the eligibility requirements specified in risk traveler. This risk determination status of his or her application through this section, apply in advance, undergo will be based in part upon an his or her account with the application pre-screening by CBP, and be accepted applicant’s ability to demonstrate past system in use for Global Entry. into the program. The Global Entry compliance with laws, regulations, and (e) Interview and enrollment. program allows participants expedited policies. Reasons why an applicant may (1) After submitting the application, entry into the United States at selected not qualify for participation include: the applicant will be notified by CBP to airports identified by CBP at www. (i) The applicant provides false or schedule an in-person interview at a globalentry.gov. Participants will be incomplete information on the Global Entry enrollment center. processed through the use of CBP- application; (2) Each applicant must bring to the approved technology that will include (ii) The applicant has been arrested interview with CBP the original of the the use of biometrics to validate identity for, or convicted of, any criminal offense identification document specified in his and to perform enforcement queries. or has pending criminal charges or or her application. During the interview, (b) Program eligibility criteria. outstanding warrants in any country; CBP will collect biometric information (1) Eligible individuals. The following (iii) The applicant has been found in from the applicant (e.g., a set of ten individuals, who hold a valid, machine- violation of any customs, immigration, fingerprints and/or digital photograph)

VerDate Mar<15>2010 17:13 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations 5691

to conduct background checks or as (2) A Global Entry participant may be of its redress decision. If the otherwise required for participation in suspended or removed from the individual’s request for redress is the program. program for any of the following successful, the individual’s eligibility to (3) CBP may provide for alternative reasons: participate in Global Entry will resume enrollment procedures, as necessary, to (i) CBP, at its sole discretion, immediately. facilitate enrollment and ensure an determines that the participant has (2) DHS Traveler Redress Inquiry applicant’s eligibility for the program. engaged in any disqualifying activities Program (DHS TRIP). The applicant/ (f) Valid machine-readable passport under the Global Entry program as participant may choose to initiate the or valid lawful permanent resident card. outlined in § 235.12(b)(2); redress process through DHS TRIP. An Each participant must possess a valid, (ii) CBP, at its sole discretion, applicant/participant seeking redress machine-readable passport, a valid, determines that the participant provided may obtain the necessary forms and machine-readable U.S. Lawful false information in the application and/ information to initiate the process on Permanent Resident Card (Form I–551), or during the application process; the DHS TRIP Web site at www.dhs.gov/ or other appropriate travel document as (iii) CBP, at its sole discretion, trip, or by contacting DHS TRIP by mail determined by CBP. determines that the participant failed to at the address on this Web site. (g) Arrival procedures. In order to follow the terms, conditions and (3) Ombudsman. Applicants utilize the Global Entry program upon requirements of the program; (including applicants who were not (iv) CBP, at its sole discretion, arrival in the United States, each scheduled for an interview at an determines that the participant has been participant must: enrollment center) and participants may arrested or convicted of a crime or (1) Use the Global Entry kiosk and contest a denial, suspension or removal otherwise no longer meets the program follow the on-screen instructions; by writing to the CBP Trusted Traveler eligibility criteria; or (2) Declare all articles being brought Ombudsman at the address listed on the (v) CBP, at its sole discretion, Web site www.globalentry.gov. into the United States pursuant to 19 determines that such action is otherwise CFR 148.11. A Global Entry participant necessary. Dated: January 31, 2012. will be redirected to the nearest open (3) CBP will notify the participant of Janet Napolitano, passport control primary inspection his or her suspension or removal in Secretary. station if the participant declares any of writing. Such suspension or removal is [FR Doc. 2012–2470 Filed 2–3–12; 8:45 am] the following: effective immediately. BILLING CODE 9111–14–P (i) Commercial merchandise or (4) An applicant or participant commercial samples, or items that denied, suspended, or removed does not exceed the applicable personal receive a refund, in whole or in part, of DEPARTMENT OF TRANSPORTATION exemption amount; his or her application processing fee. (ii) More than $10,000 in currency or (k) Redress. An individual whose Federal Aviation Administration other monetary instruments (checks, application is denied or whose money orders, etc.), or foreign participation is suspended or 14 CFR Part 71 equivalent in any form; or terminated has three possible methods (iii) Restricted/prohibited goods, such for redress. These processes do not Docket No. FAA–2011–1406; Airspace Docket No. 11–AWA–5 as agricultural products, firearms, mace, create or confer any legal right, privilege pepper spray, endangered animals, or benefit on the applicant or Amendment of Class C Airspace; birds, controlled substances, fireworks, participant, and are wholly Springfield, MO; Lincoln, NE; Grand Cuban goods, and plants. discretionary on the part of CBP. The Rapids, MI (h) Application for entry, examination methods of redress are: and inspection. Each successful use of (l) Enrollment center. The applicant/ AGENCY: Federal Aviation Global Entry constitutes a separate and participant may contest his or her Administration (FAA), DOT. completed inspection and application denial, suspension or removal by ACTION: Final rule, technical for entry by the participant on the date writing to the enrollment center where amendment. that Global Entry is used. Pursuant to that individual’s interview was the enforcement provisions of 19 CFR conducted. The enrollment center SUMMARY: This action modifies the Part 162, Global Entry participants may addresses are available at Springfield, MO; Lincoln, NE; and be subject to further CBP examination www.globalentry.gov. The letter must be Grand Rapids, MI, Class C airspace areas and inspection at any time during the received by CBP within 30 calendar by amending the legal descriptions to arrival process. days of the date provided as the date of contain the current airport names and (i) Pilot participant enrollment. Upon suspension or removal. The individual updated airport reference point (ARP) implementation of the Global Entry should write on the envelope ‘‘Redress information. This action does not Program, participants in the Global Request RE: Global Entry.’’ The letter change the boundaries of the controlled Entry pilot will be automatically should address any facts or conduct airspace areas. enrolled in the Global Entry Program for listed in the notification from CBP as DATES: Effective Date: 0901 UTC, April 5 years from the date of enrollment in contributing to the denial, suspension or 5, 2012. The Director of the Federal the pilot. removal and why the applicant/ Register approves this incorporation by (j) Denial, removal and suspension. participant believes the reason for the reference action under 1 CFR part 51, (1) If an applicant is denied action is invalid. If the applicant/ subject to the annual revision of FAA participation in Global Entry, CBP will participant believes that the denial, Order 7400.9 and publication of notify the applicant of the denial, and suspension or revocation was based conforming amendments. the reasons for the denial. CBP will also upon inaccurate information, the FOR FURTHER INFORMATION CONTACT: provide instructions regarding how to individual should also include any Colby Abbott, Airspace, Regulations and proceed if the applicant wishes to seek reasonably available supporting ATC Procedures Group, Office of additional information as to the reason documentation with the letter. After Airspace Services, Federal Aviation for the denial. review, CBP will inform the individual Administration, 800 Independence

VerDate Mar<15>2010 17:13 Feb 03, 2012 Jkt 226001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\06FER1.SGM 06FER1 tkelley on DSK3SPTVN1PROD with RULES