Rules and Regulations

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.

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Rules and Regulations

Federal Register

5681

Vol. 77, No. 24

Monday, February 6, 2012

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

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

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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:

Date Action

Federal

cite

Initial Pilot Program .................. April 11, 2008 ......................... Establish the International Registered Traveler pilot at three

airports.

73 FR 19861.

May 27, 2008 .......................... Change the name to Global Entry Pilot ................................... 73 FR 30416.

August 13, 2008 ..................... Expand pilot to four additional airports .................................... 73 FR 47204.

April 23, 2009 ......................... Expand pilot to certain citizens of the Netherlands ................. 74 FR 18586.

August 10, 2009 ..................... Expand pilot to thirteen additional airports .............................. 74 FR 39965.

December 29, 2010 ................ Expand pilot to included qualified Mexican nationals .............. 75 FR 82200.

NPRM ....................................... November 19, 2009 ................ Proposal to establish Global Entry as an ongoing program .... 74 FR 59932.

Final Rule ................................. ................................................. Establishment of Global Entry.

II. Analysis of Comments

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

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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.

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.

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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.

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

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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

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.

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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.

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

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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.

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

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.

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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.

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.

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

admissible to the United States will be

able to enter or exit the country

regardless of whether they participate in

Global Entry. This evaluation explores

the potential costs and benefits of this

voluntary trusted traveler program.

CBP estimates that over a 5-year

period Global Entry will process

approximately 500,000 enrollees,

equating to an annual average of

100,000 individuals. Note that this

estimate is twice the number of

individuals estimated in the NPRM.

Since publication of the NPRM, CBP has

embarked on a wide outreach campaign

to inform the public about the program.

The Global Entry program has thus been

well advertised and well received by the

traveling public, and enrollment

numbers have increased far beyond

original expectations. To account for

this success, CBP now estimates an

annual average of 100,000 individuals.

CBP will charge a fee of $100 per

applicant and estimates that each

application will require 40 minutes

(0.67 hours) of the potential enrollee’s

time to search existing data resources,

gather the data needed, and complete

and review the application form.

Additionally, an enrollee will

experience an ‘‘opportunity cost of

time’’ to travel to an enrollment center

upon acceptance of the initial

application. We assume that 1 hour will

be required for this time spent at the

enrollment center and travel to and from

the Center, though we note that during

the pilot, many applicants have

coordinated their trip to an enrollment

center with their travel at the airport.

We have used 1 hour of travel time so

as not to underestimate potential

opportunity costs for enrolling in the

program. We use a value of $44.30 for

the opportunity cost for this time, which

is taken from the Department of

Transportation’s Revised Departmental

Guidance on Valuation of Travel Time

in Economic Analysis (September 28,

2011. See Table 4. Available at http://

www.faa.gov/regulations_policies/

policy_guidance/benefit_cost, accessed

November 1, 2011). This value is the

weighted average for U.S. business and

leisure travelers.

Using these values, we estimate that

the cost per enrollee is $173.98 ($44.30

per hour × 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-

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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.

C. Regulatory Flexibility Act

This section examines the impact of

the rule on small entities as required by

the Regulatory Flexibility Act (5 U.S.C.

604), as amended by the Small Business

Regulatory Enforcement and Fairness

Act of 1996. A small entity may be a

small business (defined as any

independently owned and operated

business not dominant in its field that

qualifies as a small business per the

Small Business Act); a small not-for-

profit organization; or a small

governmental jurisdiction (locality with

fewer than 50,000 people).

CBP has considered the impact of this

rule on small entities. Global Entry is

voluntary and the fee to enroll in Global

Entry is one hundred dollars plus the

opportunity cost of the individual

applying. CBP believes such an expense

would not rise to the level of being a

‘‘significant economic impact,’’

particularly as the expense need not be

incurred unless the enrollee chooses to

incur it. CBP did not receive any

comments during the public comment

period regarding impacts to small

entities. Thus, CBP certifies that this

rule will not have a significant

economic impact on a substantial

number of small entities.

D. Unfunded Mandates Reform Act of

1995

This rule will not result in the

expenditure by State, local, and tribal

governments, in the aggregate, or by the

private sector, of $100 million or more

in any one year, and it will not

significantly or uniquely affect small

governments. Therefore, no actions are

necessary under the provisions of the

Unfunded Mandates Reform Act of

1995.

E. Executive Order 13132

The rule will not have substantial

direct effects on the States, on the

relationship between the National

Government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with section 6 of Executive

Order 13132, this rule does not have

sufficient federalism implications to

warrant the preparation of a federalism

summary impact statement.

F. Paperwork Reduction Act

Information is being collected from

voluntary applicants in order to assess

whether the individuals meet the

eligibility requirements and are

otherwise deemed to be low-risk

travelers and therefore may

appropriately participate in the

voluntary Global Entry program. This

information will be collected through

GOES. This collection of information is

required and authorized by 8 U.S.C.

1365b and 8 CFR part 235 for use in

international trusted traveler programs.

Additionally, the information being

collected is necessary to satisfy the

requirements regarding examination of

aliens applying for admission to the

United States pursuant to 8 U.S.C.

1225(a)(3), 8 U.S.C. 1225(b) and 8 U.S.C.

1182(a)(7), and U.S. Citizens entering

the United States pursuant to 8 U.S.C.

1185(b).

An agency may not conduct, and a

person is not required to respond to, a

collection of information unless the

collection of information displays a

valid control number assigned by OMB.

CBP has submitted a revision to OMB

clearance 1651–0121 to reflect the

addition of the Global Entry Program in

accordance with the Paperwork

Reduction Act of 1995 (44 U.S.C. 3507).

The burden estimates for collecting

and entering information for the GOES

on-line application for Global Entry,

interview time, and travel time are

presented below:

Estimated Number of Respondents:

100,000.

Estimated Number of Responses per

Respondent: 1.

Estimated Number of Total Annual

Responses: 100,000.

Estimated Time per Response: 1 hour

and 40 minutes (1.67 hours).

Estimate Total Annual Burden Hours:

167,000.

The estimated total fee cost to

respondents resulting from the $100

enrollment fee for Global Entry is $10

million.

G. Privacy

The on-line application for Global

Entry, currently known as GOES,

collects information similar to that

collected on applications for CBP’s

other trusted traveler programs (i.e.,

NEXUS, SENTRI and FAST). The

information collected through the on-

line application is deposited into the

Global Enrollment System (GES), as the

system of record for CBP trusted traveler

programs. The personal information

provided by the applicants, including

the fingerprint biometrics taken at the

time of the personal interview, may be

shared with other government and law

enforcement agencies in accordance

with applicable laws and regulations.

The personal information that is

collected through GOES is maintained

in a Privacy Act system of records (GES)

for which the required notice was last

published in the Federal Register (71

FR 20708) on April 21, 2006.

Additionally, CBP published a PIA for

GES on April 20, 2006 that covers this

program on the DHS Privacy Office Web

site, www.dhs.gov/privacy. In addition,

a PIA update addressing the on-line

functionality of the enrollment process

(GOES) was posted to the DHS Privacy

Office Web site on November 1, 2006.

Applicant biometrics (fingerprints,

photographs) are stored in the DHS

Automated Biometric Identification

System (IDENT). The IDENT Privacy

Act System of Records notice was last

published on June 5, 2007.

H. Signing Authority

The signing authority for this

document falls under 8 U.S.C. 1365b(k)

pertaining to the authority of the

Secretary of Homeland Security to

develop and implement a trusted

traveler program to expedite the travel

of previously screened and known

travelers across the borders of the

United States.

List of Subjects

8 CFR Part 103

Administrative practice and

procedure, Authority delegations

(Government agencies), Freedom of

information, Immigration, Privacy,

Reporting and recordkeeping

requirements, Surety bonds.

8 CFR Part 235

Administrative practice and

procedure, Aliens, Immigration,

Reporting and recordkeeping

requirements.

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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. 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:

§ 235.12 Global Entry program.

(a) Program description. The Global

Entry program is a voluntary

international trusted traveler program

consisting of an integrated passenger

processing system that expedites the

movement of low-risk air travelers into

the United States by providing an

alternate inspection process for pre-

approved, pre-screened travelers. In

order to participate, a person must meet

the eligibility requirements specified in

this section, apply in advance, undergo

pre-screening by CBP, and be accepted

into the program. The Global Entry

program allows participants expedited

entry into the United States at selected

airports identified by CBP at www.

globalentry.gov. Participants will be

processed through the use of CBP-

approved technology that will include

the use of biometrics to validate identity

and to perform enforcement queries.

(b) Program eligibility criteria.

(1) Eligible individuals. The following

individuals, who hold a valid, machine-

readable passport, a valid, machine-

readable U.S. Lawful Permanent

Resident Card (Form I–551), or other

appropriate travel document as

determined by CBP, may apply to

participate in Global Entry:

(i) U.S. citizens, U.S. nationals, and

U.S. lawful permanent residents absent

any of the disqualifying factors

described in paragraph (b)(2) of this

section.

(ii) Certain nonimmigrant aliens from

countries that have entered into

arrangements with CBP concerning

international trusted traveler programs

absent any of the disqualifying factors

described in paragraph (b)(2) of this

section, and subject to the conditions set

forth in the particular arrangement.

Individuals from a country that has

entered into such an arrangement with

CBP may be eligible to apply for

participation in Global Entry only after

CBP announces the arrangement by

publication of a notice in the Federal

country, the scope of eligibility of

nonimmigrant aliens from that country

(e.g., whether only citizens of the

foreign country or citizens and non-

citizens are eligible) and other

conditions that may apply based on the

terms of the arrangement. CBP may

change or terminate these arrangements

without prior notice to the public, but

will announce such actions as soon as

practicable on www.globalentry.gov and

by publication of a notice in the Federal

(iii) Persons under the age of 18 who

meet the eligibility criteria of paragraph

(b)(1)(i) or (ii) of this section must have

the consent of a parent or legal guardian

to participate in Global Entry and

provide proof of such consent in

accordance with CBP instructions.

(2) Disqualifying factors. An

individual is ineligible to participate in

Global Entry if CBP, at its sole

discretion, determines that the

individual presents a potential risk for

terrorism, criminality (such as

smuggling), or is otherwise not a low-

risk traveler. This risk determination

will be based in part upon an

applicant’s ability to demonstrate past

compliance with laws, regulations, and

policies. Reasons why an applicant may

not qualify for participation include:

(i) The applicant provides false or

incomplete information on the

application;

(ii) The applicant has been arrested

for, or convicted of, any criminal offense

or has pending criminal charges or

outstanding warrants in any country;

(iii) The applicant has been found in

violation of any customs, immigration,

or agriculture regulations, procedures,

or laws in any country;

(iv) The applicant is the subject of an

investigation by any federal, state, or

local law enforcement agency in any

country;

(v) The applicant is inadmissible to

the United States under applicable

immigration laws or has, at any time,

been granted a waiver of inadmissibility

or parole;

(vi) The applicant is known or

suspected of being or having been

engaged in conduct constituting, in

preparation for, in aid of, or related to

terrorism; or

(vii) The applicant cannot satisfy CBP

of his or her low-risk status or meet

other program requirements.

Entry program allows participants

expedited entry into the United States at

the locations identified at www.

globalentry.gov. Expansions of the

Global Entry program to new airports

will be announced by publication in the

Federal Register and at www.

globalentry.gov.

(d) Program application.

(1) Each applicant must complete and

submit the program application

electronically through an approved

application process as determined by

CBP. The application and application

instructions for the Global Entry

program are available at www.

globalentry.gov.

(2) Each applicant must pay a non-

refundable fee in the amount set forth at

8 CFR 103.7(b)(1)(ii)(M) for ‘‘Global

Entry’’ at the time of application. The

fee is to be paid to CBP at the time of

application through the Federal

Government’s on-line payment system,

Pay.gov or other CBP-approved process.

(3) Every applicant accepted into

Global Entry is accepted for a period of

5 years provided participation is not

suspended or terminated by CBP prior

to the end of the 5-year period. Each

applicant may apply to renew

participation up to one year prior to the

close of the participation period.

(4) Each applicant may check the

status of his or her application through

his or her account with the application

system in use for Global Entry.

(e) Interview and enrollment.

(1) After submitting the application,

the applicant will be notified by CBP to

schedule an in-person interview at a

Global Entry enrollment center.

(2) Each applicant must bring to the

interview with CBP the original of the

identification document specified in his

or her application. During the interview,

CBP will collect biometric information

from the applicant (e.g., a set of ten

fingerprints and/or digital photograph)

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to conduct background checks or as

otherwise required for participation in

the program.

(3) CBP may provide for alternative

enrollment procedures, as necessary, to

facilitate enrollment and ensure an

applicant’s eligibility for the program.

(f) Valid machine-readable passport

or valid lawful permanent resident card.

Each participant must possess a valid,

machine-readable passport, a valid,

machine-readable U.S. Lawful

Permanent Resident Card (Form I–551),

or other appropriate travel document as

determined by CBP.

(g) Arrival procedures. In order to

utilize the Global Entry program upon

arrival in the United States, each

participant must:

(1) Use the Global Entry kiosk and

follow the on-screen instructions;

(2) Declare all articles being brought

into the United States pursuant to 19

CFR 148.11. A Global Entry participant

will be redirected to the nearest open

passport control primary inspection

station if the participant declares any of

the following:

(i) Commercial merchandise or

commercial samples, or items that

exceed the applicable personal

exemption amount;

(ii) More than $10,000 in currency or

other monetary instruments (checks,

money orders, etc.), or foreign

equivalent in any form; or

(iii) Restricted/prohibited goods, such

as agricultural products, firearms, mace,

pepper spray, endangered animals,

birds, controlled substances, fireworks,

Cuban goods, and plants.

(h) Application for entry, examination

and inspection. Each successful use of

Global Entry constitutes a separate and

completed inspection and application

for entry by the participant on the date

that Global Entry is used. Pursuant to

the enforcement provisions of 19 CFR

Part 162, Global Entry participants may

be subject to further CBP examination

and inspection at any time during the

arrival process.

(i) Pilot participant enrollment. Upon

implementation of the Global Entry

Program, participants in the Global

Entry pilot will be automatically

enrolled in the Global Entry Program for

5 years from the date of enrollment in

the pilot.

(j) Denial, removal and suspension.

(1) If an applicant is denied

participation in Global Entry, CBP will

notify the applicant of the denial, and

the reasons for the denial. CBP will also

provide instructions regarding how to

proceed if the applicant wishes to seek

additional information as to the reason

for the denial.

(2) A Global Entry participant may be

suspended or removed from the

program for any of the following

reasons:

(i) CBP, at its sole discretion,

determines that the participant has

engaged in any disqualifying activities

under the Global Entry program as

outlined in § 235.12(b)(2);

(ii) CBP, at its sole discretion,

determines that the participant provided

false information in the application and/

or during the application process;

(iii) CBP, at its sole discretion,

determines that the participant failed to

follow the terms, conditions and

requirements of the program;

(iv) CBP, at its sole discretion,

determines that the participant has been

arrested or convicted of a crime or

otherwise no longer meets the program

eligibility criteria; or

(v) CBP, at its sole discretion,

determines that such action is otherwise

necessary.

(3) CBP will notify the participant of

his or her suspension or removal in

writing. Such suspension or removal is

effective immediately.

(4) An applicant or participant

denied, suspended, or removed does not

receive a refund, in whole or in part, of

his or her application processing fee.

(k) Redress. An individual whose

application is denied or whose

participation is suspended or

terminated has three possible methods

for redress. These processes do not

create or confer any legal right, privilege

or benefit on the applicant or

participant, and are wholly

discretionary on the part of CBP. The

methods of redress are:

(l) Enrollment center. The applicant/

participant may contest his or her

denial, suspension or removal by

writing to the enrollment center where

that individual’s interview was

conducted. The enrollment center

addresses are available at

www.globalentry.gov. The letter must be

received by CBP within 30 calendar

days of the date provided as the date of

suspension or removal. The individual

should write on the envelope ‘‘Redress

Request RE: Global Entry.’’ The letter

should address any facts or conduct

listed in the notification from CBP as

contributing to the denial, suspension or

removal and why the applicant/

participant believes the reason for the

action is invalid. If the applicant/

participant believes that the denial,

suspension or revocation was based

upon inaccurate information, the

individual should also include any

reasonably available supporting

documentation with the letter. After

review, CBP will inform the individual

of its redress decision. If the

individual’s request for redress is

successful, the individual’s eligibility to

participate in Global Entry will resume

immediately.

(2) DHS Traveler Redress Inquiry

Program (DHS TRIP). The applicant/

participant may choose to initiate the

redress process through DHS TRIP. An

applicant/participant seeking redress

may obtain the necessary forms and

information to initiate the process on

the DHS TRIP Web site at www.dhs.gov/

trip, or by contacting DHS TRIP by mail

at the address on this Web site.

(3) Ombudsman. Applicants

(including applicants who were not

scheduled for an interview at an

enrollment center) and participants may

contest a denial, suspension or removal

by writing to the CBP Trusted Traveler

Ombudsman at the address listed on the

Web site www.globalentry.gov.

Dated: January 31, 2012.

Janet Napolitano,

Secretary.

[FR Doc. 2012–2470 Filed 2–3–12; 8:45 am]

BILLING CODE 9111–14–P

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

AGENCY

: Federal Aviation

Administration (FAA), DOT.

ACTION

: Final rule, technical

amendment.

SUMMARY

: 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

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

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