[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Rules and Regulations]
[Pages 5681-5691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2470]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules
and Regulations
[[Page 5681]]
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DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103 and 235
RIN 1651-AA73
[USCBP-2008-0097; CBP Dec. 11-15]
Establishment of Global Entry Program
AGENCY: U.S. Customs and Border Protection; DHS.
ACTION: Final rule.
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SUMMARY: This final rule adopts, with some changes, a notice of
proposed rulemaking published in the Federal Register on November 19,
2009, which proposed establishing an international trusted traveler
program called Global Entry. This voluntary program allows U.S. Customs
and Border Protection (CBP) to expedite clearance of pre-approved, low-
risk air travelers arriving in the United States. This final rule
establishes Global Entry as an ongoing voluntary regulatory program.
DATES: Effective Date: March 7, 2012.
FOR FURTHER INFORMATION CONTACT: Larry Panetta, CBP, Office of Field
Operations, (202) 344-1253, or Daniel Tanciar, CBP, Office of Field
Operations, (202) 344-2818.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background, Purpose and Summary of Final Rule
A. Expansion of the Global Entry Pilot Eligibility to Mexican
Nationals
B. Use of Global Entry Kiosks by Participants of NEXUS and
SENTRI
II. Analysis of Comments
A. Program Performance and Entry Process
B. Marketing of Global Entry
C. Expansion of Global Entry
D. Costs
E. Program Integrity
F. Private Sector Involvement
G. Global Entry Equipment
H. Privacy
III. Conclusion
A. Summary of Requirements Under the Final Rule
1. Participating Airports
2. Global Entry Participation for Citizens of the Netherlands
3. U.S. Citizen Participation in Privium
4. Global Entry Participation for Mexican Nationals
5. U.S. Citizen Eligibility in Mexico Trusted Traveler Program
6. Global Entry Privileges for NEXUS and SENTRI Trusted Traveler
Programs
7. Expansion of Global Entry to Qualified Individuals From Other
Countries
B. Changes From the NPRM
IV. Statutory and Regulatory Requirements
A. Section 508 of the Rehabilitation Act of 1973
B. Executive Order 12866 and Executive Order 13563
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 13132
F. Paperwork Reduction Act
G. Privacy
H. Signing Authority
I. Background, Purpose, and Summary of Final Rule
Pursuant to section 7208(k) of the Intelligence Reform and
Terrorism Prevention Act of 2004 (IRTPA), 118 Stat. 3638, as amended by
section 565 of the Consolidated Appropriations Act, 2008, 121 Stat.
1844, codified at 8 U.S.C. 1365b, the Department of Homeland Security
(DHS) published a notice of proposed rulemaking (NPRM) in the Federal
Register on November 19, 2009, proposing to establish an international
trusted traveler program called Global Entry. See 74 FR 59932. As
described in the NPRM, the Global Entry program is modeled after the
Global Entry pilot program, which has operated since June 6, 2008. For
more information about the pilot and CBP's other trusted traveler
programs, please refer to the Global Entry pilot notice published on
April 11, 2008 (73 FR 19861) and the Global Entry NPRM published on
November 19, 2009 (74 FR 59932). As explained in the NPRM, CBP
published several Federal Register notices that established the pilot,
expanded the Global Entry pilot to include additional airports, and
expanded eligibility for participation to include certain citizens of
the Netherlands who otherwise satisfy the requirements for
participation in the pilot. See 73 FR 19861, 73 FR 30416, 73 FR 47204,
74 FR 18586, and 74 FR 39965. Additional details regarding the growth
of the pilot and the proposed rule also may be found on the Web sites
www.globalentry.gov and www.cbp.gov.
This final rule adopts, with some changes, the NPRM published in
the Federal Register on November 19, 2009, which proposed establishing
Global Entry as an ongoing voluntary regulatory program. This final
rule addresses all of the public comments received and provides Global
Entry participants with all the relevant information. There were
several minor changes made to the NPRM (see Section III B). The only
significant change is that minors under the age limit of 14 are now
permitted to apply to the Global Entry program. This change will allow
more families to enjoy the benefits of the program and is in direct
response to feedback from the public.
A. Expansion of the Global Entry Pilot Eligibility to Mexican Nationals
After publication of the Global Entry NPRM, CBP published an
additional Federal Register notice on December 29, 2010, to expand
eligibility for participation in the Global Entry pilot to include
qualified Mexican nationals who have been vetted by both CBP and the
Government of Mexico and satisfy the program's eligibility
requirements. See 75 FR 82200. This expansion implements the Joint
Declaration between DHS and the Secretariat of Governance of the United
Mexican States, through the National Migration Institute. Since the
publication of this Federal Register notice, CBP has been accepting
applications from Mexican nationals who are interested in participating
in the Global Entry pilot program. As of March 25, 2011, CBP has
enrolled 396 Mexican nationals into the Global Entry pilot program. As
explained in Section III A4, this rule announces that Mexican nationals
who meet eligibility requirements can enroll in the Global Entry
program. It further specifies that the rule serves notice that upon its
implementation, Mexican nationals who are existing participants in the
Global Entry pilot will be automatically enrolled in the ongoing Global
Entry program.
B. Use of Global Entry Kiosks by Participants of NEXUS and SENTRI
In another Federal Register notice published on December 29, 2010
(75 FR 82204), CBP expanded the NEXUS and Secure Electronic Network for
Travelers Rapid Inspection (SENTRI) trusted
[[Page 5682]]
traveler programs to allow participants of those programs use of the
Global Entry kiosks. This rule does not change that. After
implementation of this rule, participants in NEXUS and SENTRI will
still be allowed to use the Global Entry kiosks.
Below is a table outlining when various provisions of the rule were
introduced into the program:
----------------------------------------------------------------------------------------------------------------
Date Action Federal Register cite
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Initial Pilot Program.............. April 11, 2008........ Establish the 73 FR 19861.
International Registered
Traveler pilot at three
airports.
May 27, 2008.......... Change the name to Global 73 FR 30416.
Entry Pilot.
August 13, 2008....... Expand pilot to four 73 FR 47204.
additional airports.
April 23, 2009........ Expand pilot to certain 74 FR 18586.
citizens of the
Netherlands.
August 10, 2009....... Expand pilot to thirteen 74 FR 39965.
additional airports.
December 29, 2010..... Expand pilot to included 75 FR 82200.
qualified Mexican
nationals.
NPRM............................... November 19, 2009..... Proposal to establish 74 FR 59932.
Global Entry as an
ongoing program.
Final Rule......................... ...................... Establishment of Global .......................
Entry.
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II. Analysis of Comments
CBP solicited public comments to the Global Entry NPRM and the
individual Federal Register notices pertaining to the pilot, including
the most recent notices involving the expansion of eligibility to
Mexican nationals and allowing SENTRI and NEXUS members to use the
Global Entry kiosks. This final rule addresses all comments received in
response to the NPRM and the individual Federal Register notices.
CBP received four comments in response to the Federal Register
notice announcing the pilot, one comment in response to the Federal
Register notice expanding eligibility to Mexican nationals, and ten
comments in response to the NPRM. In total, CBP received 15 comments on
the NPRM and three notices.
Of the fifteen total comments, ten are favorable, two are neither
favorable nor unfavorable, and three were unfavorable. The favorable
comments include both positive statements regarding the program and
suggestions of various avenues in which CBP might expand Global Entry.
For example, two of the favorable comments recommend that Global Entry
include a role for the private sector. The two neutral comments include
suggestions for expansion of the program but include neither positive
nor negative statements regarding the program itself. Only three
comments can be categorized as generally unfavorable, in that they
focus primarily on possible problems that might arise.
The following section groups the comments, along with CBP's
responses, by category.
A. Program Performance and Entry Process
Comment: Several commenters made general comments about how the
Global Entry pilot expedites or will expedite the entry process for
participating travelers. One commenter stated that Global Entry is one
of the most successful service initiatives taken by CBP in recent years
and has the potential to significantly improve the entry process for
returning citizens and legal residents, improve the productivity of
CBP's gateway teams, and ease restrictions on the flow of international
travel (through reciprocal arrangements with other countries) upon
which our economy depends. Another commenter stated that Global Entry
has the potential to facilitate and expedite the arrival of
international travelers while enhancing security by allowing CBP to
focus its inspection resources on passengers who have not been
previously vetted. Another commenter, a frequent user of Global Entry,
has found the pilot to be easy to use, reliable, and accessible, and a
huge advantage in clearing customs upon re-entry into the United
States, especially during times of peak volume.
Only one commenter criticized any aspect of the day-to-day
operation of the program. In an otherwise favorable comment, the
commenter asserted that its organization has received some feedback
from Global Entry pilot enrollees regarding sporadic problems
experienced involving confirmation of the individual's identity at
Global Entry kiosks and that some CBP officers did not possess the
requisite knowledge to assist with the problems.
Response: CBP agrees with and appreciates the favorable comments
regarding the current benefits of the Global Entry pilot and the future
benefits of the Global Entry program, which include the expedited
processing of low- risk international travelers.
The Global Entry pilot is operating successfully. As of June 6,
2011, over 198,000 applications were filed and over 148,000
participants were enrolled. The automated kiosks are working smoothly
with no current major technical issues or problems. The kiosks have
been used over 1,014,000 times. The increased volume of traffic to the
kiosks by proven low-risk travelers allows CBP officers more time and
resources to address higher risk security concerns. CBP is approving
applications for participation more quickly than was initially
expected. The average approval time for each application has been less
than one week--better than the initial estimates of ten to fourteen
days.
DHS has conducted an analysis of wait times for Global Entry pilot
participants based on data for 1,575 flights with at least one Global
Entry passenger onboard from November 19, 2008 to January 9, 2009. That
analysis indicates that participation in Global Entry may reduce a
passenger's wait time by up to seventy percent--or an estimated seven
minutes on average. It further demonstrates that participation in
Global Entry reduces the variability of wait times. Less than one
percent of Global Entry passengers wait longer than twenty minutes
while approximately ten percent of all U.S. citizens and U.S. Lawful
Permanent Residents (LPR) wait longer than twenty minutes. The analysis
shows that Global Entry participation varies by airports, airlines, and
the region from which the flight originates.
Regarding the comment concerning sporadic operational problems at
kiosks, CBP is continuously sending guidance to its field personnel
regarding operational issues. CBP incorporates the comments,
complaints, and inquiries regarding the program that it receives from
the public into this guidance to improve operations. When a pilot
participant is unable to successfully use the kiosk, CBP's backend
Information Technology (IT) system automatically generates and sends an
email to that participant. The email invites the participant to provide
feedback and the details of his or her experience. CBP
[[Page 5683]]
reviews this input and, whenever possible, responds to the participant
with information about why the difficulty has occurred. CBP then uses
this information to make operational improvements.
Regarding the part of one comment about some CBP officers not
having the requisite knowledge to provide assistance to Global Entry
participants, CBP is committed to the ongoing training and education of
its personnel. As the pilot has expanded, CBP officers have become
increasingly familiar with the procedures for processing Global Entry
participants, which has, based on informal feedback received by CBP,
led to improved participant satisfaction.
B. Marketing of Global Entry
Comment: CBP received two comments suggesting that CBP should
expand marketing and outreach for the program and include airports,
airlines, and other entities in its outreach plans.
Response: CBP agrees that the marketing of Global Entry should be
expanded, and CBP has begun that process. CBP has been engaged in
public outreach to promote the Global Entry program and has started an
extensive marketing campaign to increase Global Entry enrollment. CBP
has enlisted the services of a marketing firm to assist in developing a
marketing strategy. The firm has created a new Global Entry logo and
tag line (``Trusted Traveler Network''). The marketing firm has also
redesigned Global Entry brochures and is working with CBP to improve
the layout of the program's Web site. CBP will increase public outreach
efforts by placing advertisements in prominent and travel-related
publications. The advertisements will outline the program's purpose,
requirements, and benefits.
During the operation of the pilot, CBP has worked with airlines,
airport operators, and other private sector companies and organizations
to perform public outreach and will continue to do so. Promotion of
Global Entry involves the use of various methods, such as
advertisements, informational videos, and brochures, to increase
awareness of the program and to encourage people to apply to join the
program. One major airline published a Global Entry advertisement in
its in-flight magazine. A major airport authority printed its own signs
for Global Entry and strategically placed them throughout the airport.
In addition, CBP has worked with the private sector by coordinating on-
site enrollment events for various companies and trade shows.
C. Expansion of Global Entry
Comment: Many of the commenters would like CBP to expand Global
Entry. Several commenters praise CBP's efforts thus far to expand
Global Entry participation through arrangements with foreign countries.
Two commenters would like CBP to expand the program to more airports.
One commenter stated that CBP should expand the program to include
``private aircraft used for recreation purposes'' similar to the
current I-68 program for recreational boaters. Another commenter would
like CBP to expand the program to include domestic flights. One
commenter sets forth many ideas as to how the Global Entry program
might be expanded and integrated with other programs, including
expansion of eligibility to Mexican nationals. That commenter also
welcomed CBP's ongoing efforts to expand Global Entry participation to
qualified individuals from foreign countries. One commenter would like
CBP to expand the program to include travelers from the United Kingdom.
Another commenter would like CBP to expand Global Entry to include
children under 14 so that families can take advantage of the program.
Finally, the one commenter that responded to the notice announcing the
expansion to Mexican nationals states that the expansion would be ``too
risky'' and that ``the addition would increase the risk greater than
the benefit'' but does not explain what risks are being referenced or
offer any basis for the statements.
Response: CBP agrees with the majority of the commenters that the
Global Entry pilot should be expanded.
While the Global Entry program will initially be limited to the
twenty airports that comprised the Global Entry pilot, CBP intends to
expand the Global Entry program to additional airports. When CBP is
ready to expand to additional airports and has selected the airport or
airports for expansion, this information will be announced to the
public by Federal Register notice and on the Web site,
www.globalentry.gov. In addition, once the final rule is published, CBP
intends to expand the Global Entry program by adding more kiosks at
airports where the Global Entry pilot is currently operational (subject
to the availability of funds). This will accommodate new Global Entry
participants as enrollment increases.
CBP is also open to the suggestion of making Global Entry available
to passengers and crew on private (recreational) aircraft who are
Global Entry participants. In fact, CBP has already installed a kiosk
at one private aircraft terminal as part of the Global Entry pilot. A
kiosk is currently operational at the General Aviation Facility (GAF)
at the Ft. Lauderdale Hollywood International Airport. Pilot
participants who are passengers or crew on private aircraft at Ft.
Lauderdale Hollywood International Airport, and arrive at the GAF
private aircraft terminal, can use the Global Entry kiosk operating at
that terminal. CBP decided to make Global Entry available to private
aircraft at the GAF at the Ft. Lauderdale Hollywood International
Airport due to the large number of private aircraft, mostly
recreational, that utilize that airport and terminal. The availability
of the Global Entry program will continue at the Ft. Lauderdale
Hollywood International Airport after the Global Entry pilot becomes an
ongoing program under this final rule. As Global Entry progresses, CBP
will determine whether it is feasible to expand the program to
additional private aircraft locations. It should be noted that private
aircraft must comply with all applicable reporting and inspection
processes.
Regarding the comments asking CBP to expand Global Entry to persons
from other countries, this final rule contains a provision to permit
certain nonimmigrant aliens to participate in the program. Under the
final rule, the government of a foreign country must enter into and
operationalize a joint arrangement with CBP concerning the expedited
entry of air travelers in order for travelers from that country to
apply for and, if found eligible, participate in Global Entry. The
final rule provides that CBP will announce such arrangements by
publication in the Federal Register. Additionally, under these
arrangements, active members of Global Entry may be eligible to apply
for membership in the other foreign government's trusted traveler
program. Where consistent with U.S. security requirements, CBP has
worked, and will continue to work, with interested countries that
operate comparable international trusted traveler programs, or have
plans to operate such programs, to enter into arrangements for the
purposes of expanding eligibility for Global Entry and making U.S.
citizens eligible to join those countries' trusted traveler programs.
For example, under the Global Entry pilot, CBP has entered into an
arrangement with the Netherlands to allow citizens of the Netherlands
who participate in Privium, an expedited travel program operated by the
Government of the Netherlands, to participate in the Global Entry
pilot.
[[Page 5684]]
Several commenters specifically applauded the arrangement with the
Netherlands. This arrangement will continue under the Global Entry
program. As with all other participants in the Global Entry pilot,
currently participating citizens from the Netherlands will be
automatically enrolled in Global Entry when Global Entry becomes an
ongoing program.
CBP has also allowed Canadian and Mexican members of SENTRI and
NEXUS to use Global Entry kiosks at pilot Ports of Entry. CBP will
continue to allow SENTRI and NEXUS members to use this service when
Global Entry becomes an ongoing program.
Recently, CBP has further expanded eligibility for joining the
Global Entry pilot to include qualified Mexican nationals who otherwise
satisfy the requirements for participation in the pilot. Mexican
nationals may only utilize the Global Entry kiosks upon successful
completion of a thorough risk assessment by CBP and the Mexican
Government. Currently participating Mexican nationals will be
automatically enrolled in Global Entry when Global Entry becomes an
ongoing program.
CBP does not agree with the commenter who indicated that the
expansion of Global Entry pilot to Mexican nationals is too risky. As
noted above, Mexican nationals may only use the Global Entry kiosks
upon successful completion of a thorough risk assessment by CBP and the
Mexican Government. Moreover, no applicant is accepted for
participation in Global Entry if CBP determines that the individual
presents a potential risk for terrorism, criminality (such as
smuggling) or if CBP cannot otherwise sufficiently determine that the
applicant meets all the program eligibility criteria. CBP vets
participants in Global Entry on a recurring basis and can suspend or
terminate membership if derogatory information arises about an enrollee
that makes him or her no longer eligible. In addition, if circumstances
indicate that a country cannot meet its vetting or other obligations
under its arrangement with CBP, CBP can modify, suspend, or discontinue
the joint arrangement if necessary based on the arrangement's
particular terms.
CBP will announce any further expansions of the Global Entry
program (including adding airports, extending eligibility to additional
populations, or expanding reciprocal eligibility for U.S. citizens to
foreign governments' trusted traveler programs), as well as any
retractions (i.e., cancellations of such arrangements) by publication
of a notice in the Federal Register.
CBP does not agree, at this time, with the commenter who suggested
that Global Entry should be expanded to include domestic flights.
Global Entry is designed to allow expedited screening and processing of
pre-approved, low-risk international air travelers into the United
States. CBP, in coordination with the Transportation Security
Administration (TSA) and other stakeholders, remains open to developing
proposals to apply the trusted traveler concept to domestic commercial
aviation security.
With regard to the age limit, CBP has reconsidered and agrees that
it would be beneficial to expand Global Entry to allow children under
the age of 14 to participate, as this would allow more families to
enjoy the benefits of the program. Persons under the age of 18 who meet
the general eligibility criteria and have the consent of a parent or
legal guardian will be eligible to participate in Global Entry. As is
the case for all applicants, CBP must be able to conduct the requisite
vetting of the applicant, including collection of the required
fingerprints needed to conduct the biometric based background checks
and participate in an interview at an enrollment center.
D. Costs
Comment: One commenter would like CBP to minimize the costs to
airports and airlines.
Response: The infrastructure and daily operation costs of the
Global Entry program are the responsibility of CBP. These costs have
been, and will continue to be, funded by user fees. There are no direct
costs to the airlines or airports. In fact, airport authorities and
airlines benefit from their customers enrolled in Global Entry
receiving an enhanced travel experience. Airlines also benefit from the
expedited processing of their crew members who enroll in the program.
E. Program Integrity
Comment: One commenter states that the Global Entry program may be
vulnerable to forged documents, although no arguments are provided to
support this comment.
Response: CBP disagrees with this comment. The Global Entry program
includes many protections against forgery and fraud. Global Entry
applications are submitted online and go directly to a central CBP
vetting center. Then, if conditionally approved, the application moves
forward to the enrollment center, where CBP addresses, among other
things, any unresolved issues or potential derogatory information
regarding the applicant. During the enrollment center interview, all of
the information provided by an applicant is verified. An applicant's
travel documents are physically examined by CBP officers to validate
authenticity and identity. CBP can also validate documents against the
Department of State and U.S. Citizenship and Immigration Services
databases. The interconnectivity and automated nature of these
processes result in operational efficiencies and a high-level of
security surrounding personal information.
F. Private Sector Involvement
Comment: Two commenters suggested that CBP should ensure that there
is adequate private sector involvement in the operation of Global
Entry. They maintain that certain functions, such as enrollment,
marketing, and customer service could be performed by the private
sector.
Response: CBP considers many functions of Global Entry to be
governmental due to privacy concerns and issues of national security.
For example, as part of the enrollment process, CBP officers must
review the citizenship or immigration status of Global Entry applicants
to make sure that they are admissible under the complex admissibility
requirements under the INA. Global Entry has successfully demonstrated
the efficiencies of its current process in the pilot phase. The fact
that applicants can deal directly with the government allows CBP to
keep the Global Entry fee low.
As noted elsewhere in this document, CBP is currently working with,
and will be increasing our collaboration with, several private entities
in the marketing of Global Entry, including airlines, hotels, travel
and tourism companies, national business travelers groups, major
companies, airports, and marketing firms.
G. Global Entry Equipment
Comment: One commenter stated that ``industry standards'' should be
utilized when operating a ``self-service terminal environment'' and
attached to the comment a document said to describe these standards.
The document attached to the comment pertained to Automated Teller
Machines. This commenter states that CBP must be able to remotely
support the terminals and to know when those terminals are available or
are having component problems.
Response: CBP has operating procedures in place that are
appropriate to the kiosks used in the Global Entry program. Under these
procedures, when a kiosk (or terminal) encounters a
[[Page 5685]]
problem or is not operational, the IT system automatically notifies CBP
personnel to troubleshoot the problem. These protocols allow CBP to
make modifications to individual terminals without disrupting the
entire network.
H. Privacy
One commenter addresses several privacy concerns that the commenter
perceives to exist in the Global Entry Program and the Global
Enrollment System (GES) that supports Global Entry and other CBP
trusted traveler programs. We address these comments in turn:
Comment: The commenter states that the Global Entry Program
contravenes the intent of the Privacy Act (5 U.S.C. 552a) through CBP's
assertion of the exemptions found at sections (j)(2) and (k)(2) of the
Privacy Act for information retained in the GES. (Section (j)(2) allows
the head of any agency to exempt from certain sections of the Privacy
Act any system of records that is maintained by an agency or component
with a principal function of law enforcement; section (k)(2) allows an
agency head, to a limited extent, to exempt from certain sections of
the Privacy Act investigatory material compiled for law enforcement
purposes.)
Response: CBP disagrees with this comment. Exempt information in
GES is limited to information derived from law enforcement databases or
investigative files. The exemption statement for the GES System of
Records Notice clearly states that no exemption will be claimed for
information obtained from an application or otherwise submitted by an
applicant.
The exemptions found at (j)(2) and (k)(2) are asserted to protect
information compiled from background checks performed to assist CBP in
determining whether to approve a trusted traveler application. The
purpose of a decision to approve an applicant for a trusted traveler
program, including Global Entry, is to allow for expedited clearance
(i.e., to permit pre-approved, low risk travelers to obtain admission
to the United States more quickly) in circumstances where the person
seeking admission has volunteered and met the program's eligibility
requirements. CBP, consistent with its border security and trade
facilitation missions, performs a law enforcement background check
prior to making a decision to approve or deny a trusted traveler
application. These background checks include information obtained from
law enforcement databases and investigative files and may contain
information relating to criminal or civil violations. Consistent with
the Privacy Act, CBP asserts these exemptions on a case- by-case basis
where access to a responsive record is sought.
Comment: The commenter states that the Global Entry applicant is
afforded only limited Privacy Act protections as the exemptions for GES
create the potential for CBP to ``use the information with little
accountability.''
Response: CBP disagrees with this comment. Exempt information in
GES is limited to information derived from law enforcement databases or
investigative files. Each request for access to exempt information will
be reviewed on a case-by-case basis. After conferring with the
appropriate component or agency, CBP may waive applicable exemptions in
circumstances where it would not interfere with or adversely affect the
law enforcement purposes of the systems from which the information is
either recompiled or contained. Information submitted by or on behalf
of the applicant as part of her or his application may be sought
pursuant to the Privacy Act or Freedom of Information Act.
Additionally, the applicant may seek redress through the several
avenues provided in the Global Entry program including at the
enrollment center where that individual's interview was conducted, the
DHS Traveler Redress Inquiry Program (DHS TRIP), or the CBP Trusted
Traveler Ombudsman to address concerns or agency actions to which they
attribute CBP reliance upon information that they believe to be
erroneous or to have an inappropriately derogatory affect upon CBP's
decision concerning their participation in the program.
Comment: The commenter states that the Global Entry program creates
a significant security risk as the applicant's personally identifiable
information (PII), including biometric data and employment history, in
GES may be disclosed to any government agency beyond the ``routine
use'' provisions of the Privacy Act.
Response: CBP disagrees with this comment. CBP abides by the
requirements of the Privacy Act in determining whether to share
information derived from GES, pursuant to a routine use. CBP takes
reasonable measures to ensure that information that is shared
consistent with its authority is appropriately protected. Before any
information is disclosed, CBP considers whether the disclosure and use
of the data are consistent with the purpose for collection and are
consistent with the terms of a statutory or published routine use.
Comment: The commenter states that CBP failed to publish a Privacy
Impact Assessment (PIA) for Global Entry.
Response: CBP disagrees with this comment. Global Entry, as a
trusted traveler program, is included and covered by the PIA for the
GES published on April 20, 2006. While the GES PIA refers to Global
Entry under its former name (USPASS/International Registered Traveler
(IRT)), the particulars of the program, its collection of information,
the system in which it maintains that information, and the uses to be
made of the information, are described within that document.
Comment: The commenter states that the lessons learned from a
previous Government agency-operated registered traveler program weigh
against the establishment of the Global Entry program.
Response: CBP disagrees with this comment. The comment refers to a
registered traveler concept that the Government originally tested but
was later transferred to the private sector. In certain cases, the
private entities that captured and maintained biographic and biometric
data allegedly failed to secure PII in their own databases that were
not connected to, and did not interact with, Government systems. In
contrast, the Global Entry program has sufficient systems and
safeguards in place to ensure the security and privacy of the
individuals' records. CBP and its predecessor agencies, the Immigration
and Naturalization Service and the United States Customs Service, have
many years experience successfully operating and protecting PII for
trusted traveler programs such as NEXUS, SENTRI, and FAST.
III. Conclusion
After consideration of the comments received, and based on the
success of the Global Entry pilot, CBP has determined that Global Entry
should be established as an ongoing program. The Global Entry program,
like the Global Entry pilot, will facilitate the movement of pre-
approved, low-risk air travelers arriving in the United States. The
Global Entry program will provide an expedited inspection and
examination process for pre-approved, low-risk air travelers by
allowing them to proceed directly to automated Global Entry kiosks upon
their arrival in the United States at Global Entry-equipped Ports of
Entry. This ongoing Global Entry program, along with the other trusted
traveler programs that CBP operates, is consistent with CBP's strategic
goal of facilitating legitimate travel while securing the homeland.
[[Page 5686]]
Accordingly, this final rule adopts, with the changes described in
Section III B, the ongoing Global Entry program as proposed in the
NPRM. Current participants in the Global Entry pilot, including those
citizens of the Netherlands and Mexican nationals who participate
through joint arrangements with those countries, will be automatically
enrolled in the Global Entry program for five years from the date of
their initial enrollment in the pilot. Participation in Global Entry
will remain voluntary and subject to the enrollee continuing to satisfy
the program's entry requirements. The existing Global Entry pilot will
continue to operate until the effective date of this final rule.
A. Summary of Requirements Under the Final Rule
1. Participating Airports
CBP anticipates that the Global Entry program eventually will be
expanded to operate at most major international airport locations
within the United States. The program, however, initially will be
limited to the twenty airports that have participated in the Global
Entry pilot. The airports chosen for Global Entry are those facilities
which typically experience the largest numbers of travelers arriving
from outside of the United States.
The Global Entry pilot currently operates at the following twenty
airports: John F. Kennedy International Airport, Jamaica, New York
(JFK); George Bush Intercontinental Airport, Houston, Texas (IAH);
Washington Dulles International Airport, Sterling, Virginia (IAD); Los
Angeles International Airport, Los Angeles, California (LAX);
Hartsfield-Jackson Atlanta International Airport, Atlanta, Georgia
(ATL); Chicago O'Hare International Airport, Chicago, Illinois (ORD);
Miami International Airport, Miami, Florida (MIA); Newark Liberty
International Airport, Newark, New Jersey (EWR); San Francisco
International Airport, San Francisco, California (SFO); Orlando
International Airport, Orlando, Florida (MCO); Detroit Metropolitan
Wayne County Airport, Romulus, Michigan (DTW); Dallas Fort Worth
International Airport, Dallas, Texas (DFW); Honolulu International
Airport, Honolulu, Hawaii (HNL); Boston--Logan International Airport,
Boston, Massachusetts (BOS); Las Vegas--McCarran International Airport,
Las Vegas, Nevada (LAS); Sanford--Orlando International Airport,
Sanford, Florida (SFB); Seattle--Tacoma International Airport-SEATAC,
Seattle, Washington (SEA); Philadelphia International Airport,
Philadelphia, Pennsylvania (PHL); San Juan--Luis Munos Marin
International Airport, San Juan, Puerto Rico (SJU); and Ft. Lauderdale
Hollywood International Airport, Fort Lauderdale, Florida (FLL). A
Global Entry kiosk is also available at the private aircraft terminal,
General Aviation Facility (GAF), at Fort Lauderdale Hollywood
International Airport. This final rule serves notice that, upon the
effective date of the Global Entry program, the program will continue
to operate at these same 20 airports and at the private aircraft
terminal, GAF, at Fort Lauderdale Hollywood International Airport.
CBP will announce expansions to new airports in a Federal Register
notice and on the Web site www.globalentry.gov, just as CBP has
announced them for the pilot. An updated list of all the airports at
which Global Entry is operational will be available at
www.globalentry.gov.
2. Global Entry Eligibility for Qualified Citizens of the Netherlands
The United States has entered into an arrangement with the
Netherlands concerning Global Entry. Pursuant to this arrangement,
qualified citizens of the Netherlands who participate in Privium, an
expedited travel program in the Netherlands, may apply for
participation in the Global Entry program. Applicants who are citizens
of the Netherlands will be required to complete the Global Entry on-
line application, pay the non-refundable $100 applicant processing fee,
and satisfy all the requirements of the Global Entry program. Based on
the terms of the existing arrangement with the Government of the
Netherlands, these citizens will be permitted to participate in Global
Entry only upon successful completion of a thorough risk assessment by
both CBP and the Government of the Netherlands.
CBP is currently accepting applications from eligible citizens of
the Netherlands for the Global Entry pilot and will continue to accept
such applications as Global Entry becomes an ongoing program. This
final rule also serves notice that, upon its implementation, citizens
of the Netherlands who are existing participants in the Global Entry
pilot will be automatically enrolled in the Global Entry program. The
time period of their enrollment will be five years beginning from the
date of their enrollment in the pilot.
The Netherlands is also a participant in the Visa Waiver Program
(VWP). The VWP enables citizens and nationals from participating
countries to travel to and enter the United States for business or
pleasure purposes for up to 90 days without obtaining a visa. VWP
travelers are required to obtain a travel authorization via the
Electronic System for Travel Authorization (ESTA) prior to traveling to
the United States under the VWP. ESTA is accessible online at https://esta.cbp.dhs.gov. The ESTA requirements will continue to be applicable
to Global Entry applicants who are VWP travelers. Global Entry
applicants from the Netherlands who wish to travel to the United States
under the VWP must have an approved ESTA when applying for Global
Entry. CBP will explore ways to integrate the ESTA process with the
Global Entry application process.
3. U.S. Citizen Eligibility in Privium
Pursuant to the arrangement with the Government of the Netherlands,
U.S. citizens who participate in Global Entry will have the option to
also apply to join Privium. Privium is an automated border passage
system in the Netherlands that provides expedited entry and exit at
Amsterdam Airport Schiphol. It uses iris scans to provide quick and
secure biometric confirmation of a traveler's identity. Enrollment
includes an eligibility assessment by the Dutch border police. Upon a
positive determination of eligibility, pictures of each iris are taken
and stored on a personalized smart card. Upon entry and exit, Privium
members place their Privium smart card into a reader and a passport
validity check is performed with the Dutch authorities and valid
membership is verified. The individual's iris information is then
compared against the iris information stored on the card. This border
passage process takes approximately twelve seconds.
Additional fees and information sharing beyond CBP's Global Entry
requirements are needed for U.S. citizens who wish to participate in
Privium through Global Entry. If approved, U.S. citizens would be able
to take advantage of expedited travel into, and out of, the Netherlands
at Amsterdam Airport Schiphol. More information about how to apply for
Privium membership is available at www.globalentry.gov.
4. Global Entry Eligibility for Qualified Mexican Nationals
DHS, through CBP, has issued a Joint Declaration with the
Secretariat of Governance of the United Mexican States, through the
National Migration Institute, concerning Global Entry. Pursuant to this
Joint Declaration, qualified Mexican nationals may apply
[[Page 5687]]
to join the Global Entry program. Mexican nationals will be required to
complete the on-line application, pay the non-refundable $100 per
person applicant processing fee, and satisfy all the requirements of
the Global Entry program. Based on the terms of the Joint Declaration,
Mexican nationals will be permitted to use the Global Entry kiosks only
upon successful completion of a thorough risk assessment by both CBP
and the Mexican Government.
CBP is currently accepting applications from eligible Mexican
nationals for the Global Entry pilot and will continue to accept such
applications as Global Entry becomes an ongoing program. This final
rule serves notice that upon its implementation, Mexican nationals who
are existing participants in the Global Entry pilot will be
automatically enrolled in the ongoing Global Entry program. The time
period of their enrollment will be five years, beginning from the date
of their enrollment in the pilot.
5. U.S. Citizen Eligibility in Mexico Trusted Traveler Program
DHS, through CBP, has issued a Joint Declaration with the
Secretariat of Governance of the United Mexican States, through the
National Migration Institute, concerning Global Entry. Pursuant to this
Joint Declaration, U.S. citizens who participate in the Global Entry
program will have the option to apply for participation in Mexico's
trusted traveler program, once such a program is developed.
6. Global Entry Privileges for NEXUS and SENTRI Trusted Traveler
Programs
Members in good standing of NEXUS and SENTRI are permitted to use
Global Entry kiosks as part of their NEXUS or SENTRI membership. NEXUS
is a program jointly administered by the United States and Canada that
allows certain pre-approved, low-risk travelers expedited processing
for travel between the United States and Canada. The SENTRI trusted
traveler program allows certain pre-approved, low-risk travelers
expedited entry at specified land border ports along the U.S.-Mexico
border.
7. Expansion of Global Entry to Qualified Individuals From Other
Countries
Expansion of the Global Entry Program achieved through arrangements
with other countries will be announced by publication of a notice in
the Federal Register and on the Web site www.globalentry.gov. If any
arrangements with other countries under the pilot are announced in the
Federal Register before this rule becomes effective, those arrangements
will continue after this rule becomes effective. CBP may modify,
suspend, or discontinue arrangements made with other countries for
participation in Global Entry without prior notice to the public, but
will announce such actions, as soon as practicable, by publication of a
notice in the Federal Register and on the Web site www.globalentry.gov.
B. Changes From the NPRM
Based on experiences with the Global Entry pilot and comments from
the public, CBP has made the following minor changes from the proposed
regulations in order to provide CBP with optimal flexibility in future
operations of Global Entry and to allow for the integration of new
technologies:
Proposed section 235.7a is designated in the final rule as section
235.12. Proposed section 235.7a (b) (``Definitions'') is removed. We
have determined that the definitions are unnecessary as the terms that
were defined (nonimmigrant alien, U.S. citizen, U.S. lawful permanent
resident, and U.S. national) are understood to have the same meaning
that they have throughout Title 8 of the Code of Federal Regulations (8
CFR) and as defined and/or described by statute in 8 U.S.C. 1101.
Should any of these definitions be changed by statute or regulation,
conforming changes to the Global Entry regulations would not be
required. The letter designations of the remaining sections are changed
accordingly.
At new section 235.12(b)(1)(ii), regarding eligible individuals
from countries that have entered into arrangements with CBP, we have
deleted the word ``reciprocal.'' Although individuals belonging to the
Global Entry program and a similar program operated by a country with
which CBP has entered such an arrangement will receive some
``reciprocal'' benefits from both countries, the memberships will not
be completely reciprocal since each country must separately approve
applicants. Therefore, an applicant could be accepted into one
country's program but not that of the other country participating in
the arrangement. The specific arrangements and the terms and conditions
of arrangements will vary and will be announced in the Federal
Register.
At new section 235.12(b)(1)(iii), regarding eligibility criteria,
all references to the age limit of 14 are removed. This change will
allow more families to enjoy the benefits of the program. Persons under
the age of 18 who meet the general eligibility criteria and have the
consent of a parent or legal guardian will be eligible to participate
in Global Entry.
At new sections 235.12(b)(1) and 235.12(f), regarding program
eligibility criteria and the required travel documents for Global Entry
participants, we have added the words ``or other appropriate travel
document as determined by CBP.'' These two sections designate the types
of ``machine-readable'' documents that Global Entry participants will
need for participation in Global Entry to enable the participant to use
the kiosk. Due to rapidly changing technologies, it is possible that
alternative documents would be appropriate for this purpose. This
change will allow for such future development.
At new section 235.12(d) regarding program application, we are
revising the language to allow for possible new technologies (changes
in software). Specifically, we are removing references to the Global
On-line Enrollment System (GOES) as the described method of applying
for Global Entry. Although CBP currently uses GOES to process Global
Entry applications, the removal of the specific reference to GOES would
allow for future process or system changes.
At the new section 235.12(d)(3), we added a sentence to clarify
that every applicant accepted into Global Entry is accepted for a
period of 5 years provided participation is not suspended or terminated
by CBP prior to the end of the 5-year period. In order to provide
greater flexibility for the public in the renewal process, we have
increased the time period in which the public may apply to renew
participation from up to 90 days before expiration to up to one year
before expiration. In addition, for consistency with other sections, we
have changed ``membership period'' to ``participation period''.
At new section 235.12(e), regarding interview and enrollment, we
have removed the language indicating that the applicant will schedule
his or her interview through their GOES account and will be notified of
his or her acceptance or denial also through the GOES account. This
will provide CBP with flexibility in developing alternative or
different procedures to accomplish these tasks in the future.
Presently, applicants will schedule their interviews and receive
notification of acceptance or denial through their GOES account. These
procedures will continue until such time that CBP develops alternate
methods to accomplish these tasks.
[[Page 5688]]
IV. Statutory and Regulatory Requirements
A. Section 508 of the Rehabilitation Act of 1973
Section 508 of the Rehabilitation Act of 1973 requires federal
departments and agencies to ensure that the information and
communication technology (ICT) that they procure, develop, maintain, or
use is accessible to participants with disabilities. Participants in
Global Entry will use an automated kiosk to expedite their admission to
the United States. The Global Entry kiosks have been designed to meet
all applicable Section 508, Subpart B Technical Standards: section
1194.25 standards for Self-Contained Closed Products. These specific
Section 508 standards apply to self-contained, closed products, such as
automated kiosks, and require that the access features of the kiosk be
built into the system so users do not have to attach an assistive
device. Additional specifications address mechanisms for private
listening such as a headset or a standard headphone jack, touchscreens,
auditory output, adjustable volume controls and requirements that the
location of the kiosk controls is in accessible reach ranges. The
Global Entry automated kiosks are Section 508-compliant.\1\ Global
Entry participants must provide fingerprint biometrics at the time of
the personal interview and again at the kiosk at the airport. CBP has
also made the kiosks and the Global Entry program accessible to
participants with disabilities related to the collection of biometrics.
If an applicant is missing a digit(s), the CBP officer will make the
proper annotation in the system to allow such an individual to use the
Global Entry kiosk.
---------------------------------------------------------------------------
\1\ Department of Homeland Security, Office of Accessible
Systems and Technology conducted two reviews, in 2007 and 2008,
demonstrating such compliance. The automated kiosks have not changed
since that time.
---------------------------------------------------------------------------
B. Executive Order 12866 and Executive Order 13563
This rule is not an ``economically significant'' rulemaking action
under Executive Order 12866, as supplemented by Executive Order 13563,
because it will not result in the expenditure of more than $100 million
in any one year. This rule, however, is a significant regulatory action
under Executive Order 12866; therefore, this rule has been reviewed by
the Office of Management and Budget.
Global Entry is a voluntary program that speeds the CBP processing
time for participating air travelers by more than 70%. Travelers who
are otherwise admissible to the United States will be able to enter or
exit the country regardless of whether they participate in Global
Entry. This evaluation explores the potential costs and benefits of
this voluntary trusted traveler program.
CBP estimates that over a 5-year period Global Entry will process
approximately 500,000 enrollees, equating to an annual average of
100,000 individuals. Note that this estimate is twice the number of
individuals estimated in the NPRM. Since publication of the NPRM, CBP
has embarked on a wide outreach campaign to inform the public about the
program. The Global Entry program has thus been well advertised and
well received by the traveling public, and enrollment numbers have
increased far beyond original expectations. To account for this
success, CBP now estimates an annual average of 100,000 individuals.
CBP will charge a fee of $100 per applicant and estimates that each
application will require 40 minutes (0.67 hours) of the potential
enrollee's time to search existing data resources, gather the data
needed, and complete and review the application form. Additionally, an
enrollee will experience an ``opportunity cost of time'' to travel to
an enrollment center upon acceptance of the initial application. We
assume that 1 hour will be required for this time spent at the
enrollment center and travel to and from the Center, though we note
that during the pilot, many applicants have coordinated their trip to
an enrollment center with their travel at the airport. We have used 1
hour of travel time so as not to underestimate potential opportunity
costs for enrolling in the program. We use a value of $44.30 for the
opportunity cost for this time, which is taken from the Department of
Transportation's Revised Departmental Guidance on Valuation of Travel
Time in Economic Analysis (September 28, 2011. See Table 4. Available
at http://www.faa.gov/regulations_policies/policy_guidance/benefit_cost, accessed November 1, 2011). This value is the weighted average
for U.S. business and leisure travelers.
Using these values, we estimate that the cost per enrollee is
$173.98 ($44.30 per hour x 1.67 hours + $100 enrollment fee). If there
are 100,000 enrollees annually, this cost will be $17.4 million per
year. Over 5 years, the total costs to enrollees will be approximately
$76 million at a 7 percent discount rate ($82 million at a 3 percent
discount rate).
As noted previously, Global Entry will allow for expedited
processing for those travelers enrolled in the program. Based on an
analysis from a year-long study (June 2008 to June 2009), DHS estimates
enrollees could save more than 70% in processing time with an average
savings of 7.6 minutes per trip (standard deviation of 3.8 minutes). In
addition, more than 50 percent of Global Entry passengers were admitted
into the United States in one minute or less and 82 percent were
admitted into the United States in less than five minutes; (see U.S.
Department of Homeland Security Customs and Border Protection and U.S.
Department of Homeland Security, Office of Policy. March 2010. ``Global
Entry Twelve Month Pilot Review: From June 6, 2008 to June 6, 2009.''
Page 4. This document is available for review in the public docket for
this rulemaking). Monetizing time savings is difficult; entry
processing times vary widely among airports and times of day (note the
large standard deviation above), and the number of trips that Global
Entry will be used for any given individual is unknown. During some
peak periods at some international airports, entry processing times can
be an hour or more. Avoiding such lines by using Global Entry kiosks
and avoiding all other entry processing would likely represent a clear
savings in time for a typical participant.
Because participation in the Global Entry program is voluntary, the
perceived benefits of reduced wait time would have to equal or exceed
the cost of the program over 5 years. Potential enrollees will
determine whether or not it is worthwhile to enroll in the program
based on their individual preferences, which will be influenced by the
number of trips they make and the typical wait times they experience
when entering the United States. The most likely participants in the
program are those that plan to make multiple trips over 5 years from
participating airports, typically experience long waits at the airports
they use, or are averse to the perceived annoyance or inconvenience of
standing in line for entry processing. Using the estimates presented
above, if the annualized cost of the program is $42 (total cost of
$173.98 amortized over 5 years at a 7 percent discount rate) and if the
time saved per trip were 7.6 minutes (monetized savings of $5.61 per
trip), then an average enrollee would need to make about eight trips
annually through participating airports to consider enrollment in the
Global Entry program worth the cost and estimated burden.
In addition to travelers who enroll in the program, those travelers
not enrolled in Global Entry could experience a small time-savings as
well. If Global Entry enrollees are not standing in the regular entry
processing lines, non-
[[Page 5689]]
enrollees could experience reduced wait times.
Faster processing of all travelers leads to fewer missed
connections and more satisfied customers. Because of the benefits the
program provides, many airports and airlines have expressed to CBP
their strong support of Global Entry. Likewise, trade associations have
expressed their support of the program, saying that it enhances
security while easing the flow of international commerce. Because of
the benefits, airlines, airports, and trade associations have
voluntarily promoted Global Entry to their customers through email,
pamphlets, and web advertisements.
Finally, the costs for CBP to administer this program are not
included here because they will be recovered through the $100
enrollment fee. CBP could experience benefits by speeding passenger
processing and avoiding time needed to process proven low-risk
travelers. The time saved would allow CBP to focus more attention on
higher-risk travelers, which would improve security.
C. Regulatory Flexibility Act
This section examines the impact of the rule on small entities as
required by the Regulatory Flexibility Act (5 U.S.C. 604), as amended
by the Small Business Regulatory Enforcement and Fairness Act of 1996.
A small entity may be a small business (defined as any independently
owned and operated business not dominant in its field that qualifies as
a small business per the Small Business Act); a small not-for-profit
organization; or a small governmental jurisdiction (locality with fewer
than 50,000 people).
CBP has considered the impact of this rule on small entities.
Global Entry is voluntary and the fee to enroll in Global Entry is one
hundred dollars plus the opportunity cost of the individual applying.
CBP believes such an expense would not rise to the level of being a
``significant economic impact,'' particularly as the expense need not
be incurred unless the enrollee chooses to incur it. CBP did not
receive any comments during the public comment period regarding impacts
to small entities. Thus, CBP certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
D. 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 are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
E. Executive Order 13132
The rule will not have substantial direct effects on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with section 6 of Executive
Order 13132, this rule does not have sufficient federalism implications
to warrant the preparation of a federalism summary impact statement.
F. Paperwork Reduction Act
Information is being collected from voluntary applicants in order
to assess whether the individuals meet the eligibility requirements and
are otherwise deemed to be low-risk travelers and therefore may
appropriately participate in the voluntary Global Entry program. This
information will be collected through GOES. This collection of
information is required and authorized by 8 U.S.C. 1365b and 8 CFR part
235 for use in international trusted traveler programs. Additionally,
the information being collected is necessary to satisfy the
requirements regarding examination of aliens applying for admission to
the United States pursuant to 8 U.S.C. 1225(a)(3), 8 U.S.C. 1225(b) and
8 U.S.C. 1182(a)(7), and U.S. Citizens entering the United States
pursuant to 8 U.S.C. 1185(b).
An agency may not conduct, and a person is not required to respond
to, a collection of information unless the collection of information
displays a valid control number assigned by OMB. CBP has submitted a
revision to OMB clearance 1651-0121 to reflect the addition of the
Global Entry Program in accordance with the Paperwork Reduction Act of
1995 (44 U.S.C. 3507).
The burden estimates for collecting and entering information for
the GOES on-line application for Global Entry, interview time, and
travel time are presented below:
Estimated Number of Respondents: 100,000.
Estimated Number of Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 100,000.
Estimated Time per Response: 1 hour and 40 minutes (1.67 hours).
Estimate Total Annual Burden Hours: 167,000.
The estimated total fee cost to respondents resulting from the $100
enrollment fee for Global Entry is $10 million.
G. Privacy
The on-line application for Global Entry, currently known as GOES,
collects information similar to that collected on applications for
CBP's other trusted traveler programs (i.e., NEXUS, SENTRI and FAST).
The information collected through the on-line application is deposited
into the Global Enrollment System (GES), as the system of record for
CBP trusted traveler programs. The personal information provided by the
applicants, including the fingerprint biometrics taken at the time of
the personal interview, may be shared with other government and law
enforcement agencies in accordance with applicable laws and
regulations. The personal information that is collected through GOES is
maintained in a Privacy Act system of records (GES) for which the
required notice was last published in the Federal Register (71 FR
20708) on April 21, 2006. Additionally, CBP published a PIA for GES on
April 20, 2006 that covers this program on the DHS Privacy Office Web
site, www.dhs.gov/privacy. In addition, a PIA update addressing the on-
line functionality of the enrollment process (GOES) was posted to the
DHS Privacy Office Web site on November 1, 2006. Applicant biometrics
(fingerprints, photographs) are stored in the DHS Automated Biometric
Identification System (IDENT). The IDENT Privacy Act System of Records
notice was last published on June 5, 2007.
H. Signing Authority
The signing authority for this document falls under 8 U.S.C.
1365b(k) pertaining to the authority of the Secretary of Homeland
Security to develop and implement a trusted traveler program to
expedite the travel of previously screened and known travelers across
the borders of the United States.
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Immigration, Privacy,
Reporting and recordkeeping requirements, Surety bonds.
8 CFR Part 235
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
[[Page 5690]]
Amendments to Regulations
For the reasons set forth in this document, 8 CFR parts 103 and 235
are amended as follows:
PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS
0
1. The authority citation for part 103 is revised to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304,
1356, 1365b; 31 U.S.C. 9701; Pub. L. 107-296, 116 Stat. 2135 (6
U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982
Comp., p.166; 8 CFR part 2.
0
2. In Sec. 103.7, paragraph (b)(1)(ii)(M) is added to read as follows:
Sec. 103.7 Fees.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(M) Global Entry. For filing an application for Global Entry--$100.
* * * * *
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION
0
3. The authority citation for part 235 is revised to read as follows:
Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant to
E.O. 13323, 69 FR 241, 3 CFR, 2004 Comp., p.278), 1201, 1224, 1225,
1226, 1228, 1365a note, 1365b, 1379, 1731-32; Title VII of Pub. L.
110-229; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458).
0
4. A new Sec. 235.12 is added to read as follows:
Sec. 235.12 Global Entry program.
(a) Program description. The Global Entry program is a voluntary
international trusted traveler program consisting of an integrated
passenger processing system that expedites the movement of low-risk air
travelers into the United States by providing an alternate inspection
process for pre-approved, pre-screened travelers. In order to
participate, a person must meet the eligibility requirements specified
in this section, apply in advance, undergo pre-screening by CBP, and be
accepted into the program. The Global Entry program allows participants
expedited entry into the United States at selected airports identified
by CBP at www.globalentry.gov. Participants will be processed through
the use of CBP-approved technology that will include the use of
biometrics to validate identity and to perform enforcement queries.
(b) Program eligibility criteria.
(1) Eligible individuals. The following individuals, who hold a
valid, machine-readable passport, a valid, machine-readable U.S. Lawful
Permanent Resident Card (Form I-551), or other appropriate travel
document as determined by CBP, may apply to participate in Global
Entry:
(i) U.S. citizens, U.S. nationals, and U.S. lawful permanent
residents absent any of the disqualifying factors described in
paragraph (b)(2) of this section.
(ii) Certain nonimmigrant aliens from countries that have entered
into arrangements with CBP concerning international trusted traveler
programs absent any of the disqualifying factors described in paragraph
(b)(2) of this section, and subject to the conditions set forth in the
particular arrangement. Individuals from a country that has entered
into such an arrangement with CBP may be eligible to apply for
participation in Global Entry only after CBP announces the arrangement
by publication of a notice in the Federal Register. The notice will
include the country, the scope of eligibility of nonimmigrant aliens
from that country (e.g., whether only citizens of the foreign country
or citizens and non-citizens are eligible) and other conditions that
may apply based on the terms of the arrangement. CBP may change or
terminate these arrangements without prior notice to the public, but
will announce such actions as soon as practicable on
www.globalentry.gov and by publication of a notice in the Federal
Register.
(iii) Persons under the age of 18 who meet the eligibility criteria
of paragraph (b)(1)(i) or (ii) of this section must have the consent of
a parent or legal guardian to participate in Global Entry and provide
proof of such consent in accordance with CBP instructions.
(2) Disqualifying factors. An individual is ineligible to
participate in Global Entry if CBP, at its sole discretion, determines
that the individual presents a potential risk for terrorism,
criminality (such as smuggling), or is otherwise not a low-risk
traveler. This risk determination will be based in part upon an
applicant's ability to demonstrate past compliance with laws,
regulations, and policies. Reasons why an applicant may not qualify for
participation include:
(i) The applicant provides false or incomplete information on the
application;
(ii) The applicant has been arrested for, or convicted of, any
criminal offense or has pending criminal charges or outstanding
warrants in any country;
(iii) The applicant has been found in violation of any customs,
immigration, or agriculture regulations, procedures, or laws in any
country;
(iv) The applicant is the subject of an investigation by any
federal, state, or local law enforcement agency in any country;
(v) The applicant is inadmissible to the United States under
applicable immigration laws or has, at any time, been granted a waiver
of inadmissibility or parole;
(vi) The applicant is known or suspected of being or having been
engaged in conduct constituting, in preparation for, in aid of, or
related to terrorism; or
(vii) The applicant cannot satisfy CBP of his or her low-risk
status or meet other program requirements.
(c) Participating airports. The Global Entry program allows
participants expedited entry into the United States at the locations
identified at www.globalentry.gov. Expansions of the Global Entry
program to new airports will be announced by publication in the Federal
Register and at www.globalentry.gov.
(d) Program application.
(1) Each applicant must complete and submit the program application
electronically through an approved application process as determined by
CBP. The application and application instructions for the Global Entry
program are available at www.globalentry.gov.
(2) Each applicant must pay a non-refundable fee in the amount set
forth at 8 CFR 103.7(b)(1)(ii)(M) for ``Global Entry'' at the time of
application. The fee is to be paid to CBP at the time of application
through the Federal Government's on-line payment system, Pay.gov or
other CBP-approved process.
(3) Every applicant accepted into Global Entry is accepted for a
period of 5 years provided participation is not suspended or terminated
by CBP prior to the end of the 5-year period. Each applicant may apply
to renew participation up to one year prior to the close of the
participation period.
(4) Each applicant may check the status of his or her application
through his or her account with the application system in use for
Global Entry.
(e) Interview and enrollment.
(1) After submitting the application, the applicant will be
notified by CBP to schedule an in-person interview at a Global Entry
enrollment center.
(2) Each applicant must bring to the interview with CBP the
original of the identification document specified in his or her
application. During the interview, CBP will collect biometric
information from the applicant (e.g., a set of ten fingerprints and/or
digital photograph)
[[Page 5691]]
to conduct background checks or as otherwise required for participation
in the program.
(3) CBP may provide for alternative enrollment procedures, as
necessary, to facilitate enrollment and ensure an applicant's
eligibility for the program.
(f) Valid machine-readable passport or valid lawful permanent
resident card. Each participant must possess a valid, machine-readable
passport, a valid, machine-readable U.S. Lawful Permanent Resident Card
(Form I-551), or other appropriate travel document as determined by
CBP.
(g) Arrival procedures. In order to utilize the Global Entry
program upon arrival in the United States, each participant must:
(1) Use the Global Entry kiosk and follow the on-screen
instructions;
(2) Declare all articles being brought into the United States
pursuant to 19 CFR 148.11. A Global Entry participant will be
redirected to the nearest open passport control primary inspection
station if the participant declares any of the following:
(i) Commercial merchandise or commercial samples, or items that
exceed the applicable personal exemption amount;
(ii) More than $10,000 in currency or other monetary instruments
(checks, money orders, etc.), or foreign equivalent in any form; or
(iii) Restricted/prohibited goods, such as agricultural products,
firearms, mace, pepper spray, endangered animals, birds, controlled
substances, fireworks, Cuban goods, and plants.
(h) Application for entry, examination and inspection. Each
successful use of Global Entry constitutes a separate and completed
inspection and application for entry by the participant on the date
that Global Entry is used. Pursuant to the enforcement provisions of 19
CFR Part 162, Global Entry participants may be subject to further CBP
examination and inspection at any time during the arrival process.
(i) Pilot participant enrollment. Upon implementation of the Global
Entry Program, participants in the Global Entry pilot will be
automatically enrolled in the Global Entry Program for 5 years from the
date of enrollment in the pilot.
(j) Denial, removal and suspension.
(1) If an applicant is denied participation in Global Entry, CBP
will notify the applicant of the denial, and the reasons for the
denial. CBP will also provide instructions regarding how to proceed if
the applicant wishes to seek additional information as to the reason
for the denial.
(2) A Global Entry participant may be suspended or removed from the
program for any of the following reasons:
(i) CBP, at its sole discretion, determines that the participant
has engaged in any disqualifying activities under the Global Entry
program as outlined in Sec. 235.12(b)(2);
(ii) CBP, at its sole discretion, determines that the participant
provided false information in the application and/or during the
application process;
(iii) CBP, at its sole discretion, determines that the participant
failed to follow the terms, conditions and requirements of the program;
(iv) CBP, at its sole discretion, determines that the participant
has been arrested or convicted of a crime or otherwise no longer meets
the program eligibility criteria; or
(v) CBP, at its sole discretion, determines that such action is
otherwise necessary.
(3) CBP will notify the participant of his or her suspension or
removal in writing. Such suspension or removal is effective
immediately.
(4) An applicant or participant denied, suspended, or removed does
not receive a refund, in whole or in part, of his or her application
processing fee.
(k) Redress. An individual whose application is denied or whose
participation is suspended or terminated has three possible methods for
redress. These processes do not create or confer any legal right,
privilege or benefit on the applicant or participant, and are wholly
discretionary on the part of CBP. The methods of redress are:
(l) Enrollment center. The applicant/participant may contest his or
her denial, suspension or removal by writing to the enrollment center
where that individual's interview was conducted. The enrollment center
addresses are available at www.globalentry.gov. The letter must be
received by CBP within 30 calendar days of the date provided as the
date of suspension or removal. The individual should write on the
envelope ``Redress Request RE: Global Entry.'' The letter should
address any facts or conduct listed in the notification from CBP as
contributing to the denial, suspension or removal and why the
applicant/participant believes the reason for the action is invalid. If
the applicant/participant believes that the denial, suspension or
revocation was based upon inaccurate information, the individual should
also include any reasonably available supporting documentation with the
letter. After review, CBP will inform the individual of its redress
decision. If the individual's request for redress is successful, the
individual's eligibility to participate in Global Entry will resume
immediately.
(2) DHS Traveler Redress Inquiry Program (DHS TRIP). The applicant/
participant may choose to initiate the redress process through DHS
TRIP. An applicant/participant seeking redress may obtain the necessary
forms and information to initiate the process on the DHS TRIP Web site
at www.dhs.gov/trip, or by contacting DHS TRIP by mail at the address
on this Web site.
(3) Ombudsman. Applicants (including applicants who were not
scheduled for an interview at an enrollment center) and participants
may contest a denial, suspension or removal by writing to the CBP
Trusted Traveler Ombudsman at the address listed on the Web site
www.globalentry.gov.
Dated: January 31, 2012.
Janet Napolitano,
Secretary.
[FR Doc. 2012-2470 Filed 2-3-12; 8:45 am]
BILLING CODE 9111-14-P
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