[Federal Register Volume 61, Number 173 (Thursday, September 5, 1996)]
[Notices]
[Pages 46902-46903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22576]


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DEPARTMENT OF THE TREASURY

Customs Service


Announcement of Program Test: General Aviation Telephonic Entry 
(GATE)

AGENCY: Customs Service, Treasury.

ACTION: General notice.

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SUMMARY: This notice announces Customs plan to conduct a general test 
to evaluate the effectiveness of a new operations procedure regarding 
the telephonic entry of certain pre-registered, passenger-carrying, 
general aviation aircraft flights entering the United States directly 
from Canada. This notice invites public comments concerning any aspect 
of the test, informs interested members of the public of the 
eligibility requirements for voluntary participation in the test, and 
describes the basis on which Customs will select participants for the 
test.

EFFECTIVE DATES: Applications will be available and accepted at local 
Customs offices beginning September 5, 1996. The test will commence no 
earlier than November 4, 1996, and will be evaluated after 1 year. 
Comments must be received on or before September 30, 1996. Anyone 
interested in participating in the test should contact the nearest 
Customs office.

ADDRESSES: Written comments regarding this notice and information 
submitted to be considered for voluntary participation in the test 
should be addressed to the Process Owner, Passenger Operations 
Division, Room 4413, Washington, DC 20229-0001.

FOR FURTHER INFORMATION CONTACT: Robert Jacksta (202) 927-0530.

SUPPLEMENTARY INFORMATION:

Background

    At the February 24, 1995, Summit in Ottawa, Canada, President 
Clinton and Canadian Prime Minister Chretien announced the signing of 
the United States/Canada Accord on our Shared Border for enhancing the 
management of the U.S.-Canada border. 31 Weekly Comp.Pres.Doc. 305. The 
Shared Border Accord sets out initiatives to promote trade, tourism, 
and travel between the two countries by reducing barriers for 
legitimate importers, exporters, and travelers, while strengthening 
enforcement capabilities to stop the flow of illegal or irregular 
movement of goods and people and reducing costs for both governments 
and users. One of the specific initiatives in the Shared Border Accord 
is a frequent traveler program known as General Aviation Telephonic 
Entry (GATE), which is intended to facilitate the entry of certain pre-
registered, passenger-carrying, general aviation aircraft flights 
entering the United States directly from Canada, while still preserving 
security by maintaining random checks of incoming private aircraft.
    Customs is ready to begin testing the GATE program. For programs 
designed to evaluate the effectiveness of new technology or operations 
procedures regarding the processing of passengers, vessels, or 
merchandise, Sec. 101.9(a) of the Customs Regulations (19 CFR 
101.9(a)), implements the general testing procedures. This test is 
established pursuant to that regulation.

I. Description of Proposed Test

The Concept of Telephonic Entry
    Any aircraft arriving in the United States from a foreign airport 
or place is required to (1) give advance notification of its arrival, 
(2) immediately report its arrival to Customs, and (3) land at the 
airport designated by Customs for entry. See, 19 U.S.C. 1433(c) and 
implementing Customs Regulations at 19 CFR Part 122, subparts C and D. 
Individual passengers are also required to report their arrival to 
Customs. See, 19 U.S.C. 1459 and implementing Customs Regulations at 19 
CFR 123.1. Because historical data on certain general aviation aircraft 
(aircraft comprising private and corporate aircraft, and air ambulances 
that have a seating capacity of fifteen or fewer passengers) indicates 
a high degree of compliance with Customs and other federal agency 
reporting laws, Customs has developed the GATE program to allow certain 
pre-registered, passenger-carrying, flights of such aircraft to report 
their entry telephonically when entering the United States directly 
from Canada. To provide a means for measuring the effectiveness of 
GATE, random inspections will be built into the program. Thus, the GATE 
program would combine the proven benefits of facilitation and 
selectivity, thereby freeing valuable Customs resources for use in 
other areas.
    The test will be implemented at designated airports of entry 
located nation-wide. During the test period, pilots will give advance 
notice of their arrival--from a minimum of 3 hours up to a maximum of 
72 hours in advance--to Customs by calling 1-800-98-CLEAR, and may 
receive advance clearance to land at airports that are not staffed by 
Customs, but which have been designated by a port director for program 
use, provided that they receive a telephonic entry number.

[[Page 46903]]

Regulatory Provisions Affected
    During the GATE test, participants will be provided with a 
telephonic entry number in lieu of normal inspection requirements. 
Accordingly, the normal arrival reporting and landing requirements of 
Part 122 of the Customs Regulations (19 CFR Part 122) will not be 
followed. However, participants will still be subject to civil and 
criminal penalties and sanctions for any violations of U.S. Customs 
laws.

II. Eligibility Criteria

A. Aircraft and Airports of Entry
    Only U.S.- and Canadian-registered general aviation aircraft that 
will arrive in the United States directly from Canada are eligible to 
participate in the GATE test. For purposes of this test, the term 
``general aviation aircraft'' means aircraft comprising private and 
corporate aircraft, and air ambulances returning to the U.S. with crew 
members only, that have a seating capacity of fifteen or fewer 
passengers.
    Aircraft transiting Canada are not eligible for this test. Further, 
aircraft that will carry cargo, merchandise requiring the payment of 
Customs duties, restricted or prohibited food products or other 
articles, or monetary instruments in excess of $10,000, will not 
qualify for this test.
    Qualified flights selected to participate in the GATE test will be 
allowed to land at most airports of entry located within a reasonable 
commuting distance of a port serviced by Customs, provided that the 
approving port director has designated the airport for GATE test use. 
Most municipally-owned airports and other airports located outside a 
particular port's limits may be selected for landing under the GATE 
test. The port director approving the application for GATE 
participation will designate, on a case-by-case basis, which airports 
of entry may be used for landing. Factors that will be considered 
include:

--Willingness of an airport operator to participate in the GATE test;
--The distance to the airport from the nearest Customs port, commuting 
time required for Customs officers, and Customs officer safety;
--Whether a secure place to work is provided at the airport; and
--Whether communications equipment is accessible.
B. Persons
    Participation in the GATE test is voluntary. Only U.S. citizens, 
permanent resident aliens of the United States, Canadian citizens, or 
landed immigrants in Canada from Commonwealth countries, and who are 
regular passengers or flight crews of pre-registered flights, will be 
considered for this test. Each applicant should have had (during the 
past year) a ``face to face'' inspection by either a U.S. Immigration 
or Customs officer, which clearly demonstrates the person's right to 
legally enter the United States, and must agree to carry all necessary 
personal identification and immigration documents. Persons who have not 
had a ``face to face'' inspection during the past year may, 
nonetheless, meet this requirement by reporting to the nearest Customs 
office with proof of citizenship.
    Persons with evidence of a pending or past investigation which 
establishes illegal or dishonest conduct, persons involved in a 
violation of Customs laws (civil, narcotic violations, smuggling), and 
persons found to be inadmissible under the Immigration laws of the 
United States are not eligible for this test.
    Participation in this test will not constitute confidential 
information, and lists of participants will be made available to the 
public upon written request.

III. Test Application Procedure

    General aviation aircraft owners, operators, and pilots who wish to 
have their passenger-carrying flights considered for participation in 
the GATE test should contact the Customs office nearest the airport 
where they normally land for Customs inspection after the effective 
date for this notice specified above, to request an application for 
General Aviation Telephonic Entry Program form (Customs Form 442). 
Applications must be filed with Customs 45 days prior to the date of 
the scheduled flight in order to be considered for participation in the 
GATE test.
Selection Standards
    Flights will be approved/denied for the GATE test based on whether 
the personnel/aircraft information provided on the CF 442 by an 
applicant meets all the above eligibility criteria. The local port 
office will determine the qualifications of all passengers/pilots/
aircraft, and a letter approving or denying the test application will 
be sent to the applicant. Aircraft owners/operators must agree not to 
allow their general aviation aircraft to carry passengers who are not 
listed and approved on the application. (To allow for the proper 
accounting of last-minute personnel changes to an application already 
on file with Customs, an Application Addendum form must be completed 
and sent to the port where the original application was submitted). 
Further, aircraft owners/operators must agree not to allow persons to 
carry dutiable/commercial merchandise, restricted or prohibited food 
products or other articles, or monetary instruments of $10,000 or more 
on test flights.
    If an application is denied for any reason other than by reason of 
a request by the applicant to land at a particular airport (for 
example, a denial based on information concerning passengers, pilots, 
or the aircraft), the applicant may appeal the decision to the port 
director within 10 working days from receipt of the denial letter. If 
the appeal to the port director results in another denial, then the 
applicant may appeal directly to the Passenger Process Owner at 
Customs' Headquarters within 10 working days from receipt of the second 
denial letter.

IV. Test Evaluation Criteria

    Customs will review all public comments received concerning any 
aspect of the test program or procedures, finalize procedures in light 
of those comments, form problem-solving teams, and establish baseline 
measures and evaluation methods and criteria. Approximately 120 days 
after conclusion of the test, evaluations of the test will be conducted 
and final results will be made available to the public upon request.

    Dated: August 29, 1996.
Samuel H. Banks,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 96-22576 Filed 9-4-96; 8:45 am]
BILLING CODE 4820-02-P