Establishment of Global Entry Program, 5681-5691 [2012-2470]
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5681
Rules and Regulations
Federal Register
Vol. 77, No. 24
Monday, February 6, 2012
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
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
U.S. Customs and Border
Protection; DHS.
ACTION: Final rule.
AGENCY:
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 preapproved, 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:
SUMMARY:
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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
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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
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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
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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:
Federal
Register
cite
Date
Action
Initial Pilot Program ..................
April 11, 2008 .........................
NPRM .......................................
Final Rule .................................
May 27, 2008 ..........................
August 13, 2008 .....................
April 23, 2009 .........................
August 10, 2009 .....................
December 29, 2010 ................
November 19, 2009 ................
.................................................
Establish the International Registered Traveler pilot at three
airports.
Change the name to Global Entry Pilot ...................................
Expand pilot to four additional airports ....................................
Expand pilot to certain citizens of the Netherlands .................
Expand pilot to thirteen additional airports ..............................
Expand pilot to included qualified Mexican nationals ..............
Proposal to establish Global Entry as an ongoing program ....
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
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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 reentry 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
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73 FR 19861.
73
73
74
74
75
74
FR
FR
FR
FR
FR
FR
30416.
47204.
18586.
39965.
82200.
59932.
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
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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.
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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.
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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
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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.
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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.
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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, lowrisk 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.
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.
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.
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.
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
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
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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
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asserts these exemptions on a case- bycase 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 caseby-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.
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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.
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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.
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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
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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
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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
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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.
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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
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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
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5687
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.
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IV. Statutory and Regulatory
Requirements
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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 508compliant.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.
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
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.
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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 https://
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 × 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
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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-
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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.
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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-forprofit 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
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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.
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5689
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 online 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.
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Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations
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
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.
2. In § 103.7, paragraph (b)(1)(ii)(M) is
added to read as follows:
■
§ 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
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).
4. A new § 235.12 is added to read as
follows:
■
tkelley on DSK3SPTVN1PROD with RULES
§ 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 preapproved, 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 CBPapproved 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-
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readable passport, a valid, machinereadable 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 noncitizens 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 lowrisk 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,
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Fmt 4700
Sfmt 4700
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 nonrefundable 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)
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tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules and Regulations
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.
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17:13 Feb 03, 2012
Jkt 226001
(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 § 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
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5691
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
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
Docket No. FAA–2011–1406; Airspace
Docket No. 11–AWA–5
Amendment of Class C Airspace;
Springfield, MO; Lincoln, NE; Grand
Rapids, MI
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule, technical
amendment.
AGENCY:
This action modifies the
Springfield, MO; Lincoln, NE; and
Grand Rapids, MI, Class C airspace areas
by amending the legal descriptions to
contain the current airport names and
updated airport reference point (ARP)
information. This action does not
change the boundaries of the controlled
airspace areas.
DATES: Effective Date: 0901 UTC, April
5, 2012. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR part 51,
subject to the annual revision of FAA
Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT:
Colby Abbott, Airspace, Regulations and
ATC Procedures Group, Office of
Airspace Services, Federal Aviation
Administration, 800 Independence
SUMMARY:
E:\FR\FM\06FER1.SGM
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]]>Agencies
[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]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules
and Regulations
[[Page 5681]]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
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.
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\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.
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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 https://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
