[Federal Register Volume 61, Number 178 (Thursday, September 12, 1996)]
[Proposed Rules]
[Pages 48100-48102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-23361]


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DEPARTMENT OF THE TREASURY
19 CFR Part 123

RIN 1515-AB90


Port Passenger Acceleration Service System (PORTPASS) Program

AGENCY: Customs Service, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the Customs Regulations to 
reference certain Immigration and Naturalization Service (INS) 
Regulations that provide for land-border inspection programs jointly 
developed with Customs. These land-border inspection programs--
collectively known as Port Passenger Acceleration Service System 
(PORTPASS)--are designed to facilitate the processing of certain 
identified, pre-registered, low-risk travelers along the United States 
border who frequently cross at certain areas by exempting them from 
normal report of arrival and presentation for inspection requirements, 
while still safeguarding the integrity of the United States land 
border. Participation in PORTPASS is voluntary and annual application 
fees are charged by the INS.

DATES: Comments must be received on or before November 12, 1996.

ADDRESSES: Written comments (preferably in triplicate) may be addressed 
to the Regulations Branch, Office of Regulations and Rulings, U.S. 
Customs Service, Franklin Court, 1301 Constitution Avenue, NW, 
Washington, D.C. 20229. Comments submitted may be inspected at the 
Regulations Branch, Office of Regulations and Rulings, U.S. Customs 
Service, Franklin Court, 1099 14th St., NW, Suite 4000, Washington, 
D.C.

FOR FURTHER INFORMATION CONTACT: Joseph O'Gorman, Office of Field 
Operations, Passenger Operations Division, (202) 927-0543.

SUPPLEMENTARY INFORMATION:

Background

Reporting and Inspection Requirements

    Except as otherwise authorized by the Secretary, all individuals 
arriving in the United States are required to (1) Enter only at 
designated border crossing points, (2) immediately report their arrival 
to Customs (and other Federal inspection agencies, such as the 
Immigration and Naturalization Service (INS), that have reporting 
requirements), and (3) present themselves and their vehicle, and all 
persons and merchandise (including baggage) on board, for inspection, 
and may not depart from the designated customs border crossing point 
until authorized to do so. 19 U.S.C. 1433 and 1459. Failure to report 
such arrival and make such presentation for inspection may result in 
the individual being liable for certain civil and criminal penalties, 
as provided under 19 U.S.C. 1459, in addition to other penalties 
applicable under other provisions of law, see, 19 U.S.C. 1436 and 1497. 
Customs reporting and inspection requirements applicable to individuals 
entering the U.S. at land border crossings are delineated at 
Sec. 123.1, Customs Regulations (19 CFR 123.1).

Low-Risk Border-Crossing Facilitating Programs

    At certain remote locations along the U.S. land border, these 
reporting and inspection requirements often burden low-risk local 
residents needing to cross the international border by requiring them 
to travel to a land border crossing which may be located a considerable 
distance away. Further, the hours of the most convenient land-border 
crossing may be limited to 8 hours during the day. To facilitate the 
entry processing of such low-risk travelers, Customs and the 
Immigration and Naturalization Service (INS) have developed certain 
technologically-innovative land-border inspection programs, 
collectively known as the Port Passenger Accelerated Service System 
(PORTPASS). (See INS document at 60 FR 50386, September 29, 1995, 
implementing land border facilitating programs, codified at 8 CFR 
235.13). Two land border entry facilitation programs have been 
developed thus far under the PORTPASS: One concerns travellers that 
enter the U.S. through designated lanes at busy Port of Entry (POE) 
crossings (the Dedicated Commuter Lane (DCL) program); the other 
concerns local residents who enter the U.S. at remote land border 
crossings (the Automated Permit Port (APP) program).

The Dedicated Commuter Lane Program

    The DCL program is designed to expedite the entry of low-risk 
travelers in privately-owned vehicles through a staffed POE by use of 
dedicated express lanes, without inhibiting Customs mandate to enforce 
the customs laws of the U.S. and those laws enforced or administered by 
Customs, including the prevention of illegal entry of both aliens and 
controlled substances into the U.S. The DCL program was implemented as 
a pilot program in 1991 at the Peace Arch crossing in Blaine, 
Washington. See, 8 CFR 286.8. Program specifics and eligibility 
requirements for participation in the DCL program are delineated at 
Sec. 235.13 of the INS Regulations (8 CFR 235.13).

The Automated Permit Port Program

    The APP program is designed to facilitate border crossings in 
remote areas by local residents identified as low-risk who are pre-
authorized to enter the U.S. at designated APPs during periods when the 
port is closed, i.e., unstaffed by Customs and INS personnel, while 
still safeguarding the integrity of the U.S. border through the use of 
automated technology. Although it is anticipated that APPs may be 
established wherever there exists identifiable groups of low-risk local 
residents along the U.S. border, at present the first of these APPs are 
expected to be established at Scobey, Montana, and at Forest City and 
Orient, Maine. For program specifics and eligibility requirements for 
participation in the APP program, again see Sec. 235.13 of the INS 
Regulations.
    Although it is only proposed in this document to amend Sec. 123.1 
of the Customs Regulations (19 CFR 123.1) to reference Secs. 235.13 and 
286.8 of the INS regulations (8 CFR 235.13 and 286.8), which provide 
for the PORTPASS program, a general description of the PORTPASS program 
requirements follows.

PORTPASS Requirements in General

    (1) Eligibility. Participation in PORTPASS is voluntary. Currently, 
applicants must be either citizens of the U.S., legal permanent 
residents of the U.S., citizens of Canada, landed immigrants of Canada 
who are citizens of the Commonwealth countries, or

[[Page 48101]]

other non-immigrants as determined by the Commissioner of the U.S. 
Immigration Service.
    (2) Application. Application for participation in either or both 
facilitated-entry programs under PORTPASS--DCL and APP--is made by 
completing INS Form I-823 (Application--Inspections Facilitation 
Programs) and paying a non-refundable, annual application fee to the 
INS, which is authorized to be collected under their user-fee 
legislation. The fee is US$25 per applicant, with the maximum amount 
payable by a family (husband, wife, and minor children under 18 years 
of age) set at US$50. These fees may be waived for APP applicants. If 
fingerprints are required, a separate fingerprinting processing fee 
will be charged. Applications must be supported by evidence of 
citizenship and, in the case of lawful permanent residents of either 
the U.S. or Canada, evidence of legal permanent resident status in the 
U.S. or Canada. Evidence of residency must be submitted by all 
applicants. Alien applicants requiring a valid visa must be in 
possession of such documentation and any other documentation required 
by the Immigration and Nationality Act (see, 8 U.S.C. 1201 et seq., as 
amended) at the time of the application, at the time of each entry, and 
at all times while present in the United States. Applications can be 
mailed or submitted, during regular working hours, to Customs/INS 
personnel at the POE having jurisdiction over the particular border 
crossing for which the applicant requests PORTPASS participation. Each 
applicant must present him/herself for inspection by a Customs/
Immigration Officer prior to approval of the application and agree to 
abide by the conditions specified at paragraph (4) below. Further, 
regarding the DCL program, each vehicle registered by a PORTPASS 
participant must be inspected and approved prior to its use in that 
program.
    Once accepted into a PORTPASS program, an identity card, decal, or 
other appropriate identifying device is issued to identify the 
participant--and vehicle, in the case of the DCL program--authorized to 
participate in a program. However, such identification items remain the 
property of the U.S. Government and will be removed/surrendered when 
participation is revoked or upon expiration of the authorized period of 
use. Authorization to participate in PORTPASS is valid for one year 
from the date of acceptance; however, participation may be renewed 
annually upon reapplication and payment of the required application 
fee.
    (3) Denial of application. An application may be denied at the 
discretion of either Service--Customs or INS--having jurisdiction over 
the land border crossing point. The specific reason(s) for denying an 
application will be personally explained to the applicant. While there 
will be no appeal from a denial, because the denial will be without 
prejudice, the applicant may reapply immediately.
    (4) Conditions for participation in PORTPASS. Because participation 
in the PORTPASS programs constitutes an exception to the normal 
reporting and presentation for inspection requirements contained at 19 
CFR 123.1, participants must agree to abide by the following 
conditions:
    (i) Facilitated entry into the U.S. is authorized only at the land-
border crossing approved. Participants who wish to enter the U.S. 
through other land-border crossings must make separate application for 
each land-border crossing and comply with all applicable program 
requirements.
    (ii) Whenever an authorized vehicle carries passengers, each 
passenger must be individually authorized under the same PORTPASS 
program to make facilitated entry into the U.S. at that land-border 
crossing.
    (iii) Participants must be in possession of all documents issued 
that authorize participation in the PORTPASS program and any other 
entry documents as required by regulation each time facilitated entry 
is made into the U.S. For example, alien applicants requiring either a 
valid visa or Nonresident Alien Border Crossing Identification Card 
must be in possession of such documentation each time facilitated entry 
into the U.S. is made.
    (iv) Participants shall not import merchandise in excess of 
applicable personal duty exemptions (see generally, subparts D (for 
residents) and E (for nonresidents) of 19 CFR Part 148), negotiable 
instruments in amounts subject to reporting requirements, commercial 
merchandise, or prohibited/restricted merchandise. Importation of such 
merchandise precludes facilitated entry into the U.S. under PORTPASS 
and requires the application of normal entry procedures established 
under the Customs laws and regulations and the laws and regulations 
administered by other Federal inspection agencies.
    (v) Participants agree to abide by all Federal, state, and local 
laws regarding the importation of alcohol or agricultural products or 
the importation or possession of controlled substances, as defined at 
section 101 of the Controlled Substance Act (21 U.S.C. 802).
    (vi) Participants agree that Customs retains the right to conduct 
inspections within its legal authority to ensure compliance with 
PORTPASS requirements.
    Violation of any of the conditions applicable to facilitated entry 
or other Customs laws and regulations and other laws and regulations 
administered by Federal inspection agencies will result in revocation 
of PORTPASS participation authorization and may lead to other 
applicable sanctions, such as administrative and/or criminal 
prosecution, deportation (if applicable), as well as possible seizure 
of the goods and/or the vehicle.
    As stated above, it is only proposed in this document to amend 
Sec. 123.1 of the Customs Regulations (19 CFR 123.1) to reference the 
INS regulations at Secs. 235.13 and 286.8, which provide the program 
specifics for the PORTPASS.

Comments

    Before adopting this proposed regulation as a final rule, 
consideration will be given to any written comments timely submitted to 
Customs. Comments submitted will be available for public inspection in 
accordance with the Freedom of Information Act (5 U.S.C. 552), Sec. 1.4 
of the Treasury Department Regulations (31 CFR 1.4), and Sec. 103.11(b) 
of the Customs Regulations (19 CFR 103.11(b)), on regular business days 
between the hours of 9 a.m. and 4:30 p.m. at the Regulations Branch, 
Office of Regulations and Rulings, U.S. Customs Service, Franklin 
Court, 1099 14th St., NW., 4th floor, Washington, DC.

Inapplicability of the Regulatory Flexibility Act, and Executive Order 
12866

    Pursuant to provisions of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.), it is certified that, if adopted, the proposed amendments 
will not have a significant economic impact on a substantial number of 
small entities, as the proposed amendments concern the entry status of 
individuals. Accordingly, the proposed amendments are not subject to 
the regulatory analysis or other requirements of 5 U.S.C. 603 and 604. 
This amendment does not meet the criteria for a ``significant 
regulatory action'' as specified in Executive Order 12866.

    Drafting Information: The principal author of this document was 
Gregory R. Vilders, Attorney, Regulations Branch. However, personnel 
from other offices participated in its development.

[[Page 48102]]

List of Subjects

19 CFR Part 123

    Administrative practice and procedure, Aliens, Canada, Customs 
duties and inspection, Fees, Forms, Immigration, Imports, Mexico, 
Reporting and recordkeeping requirements, Test programs.

Amendments to the Regulations

    For the reasons stated above, it is proposed to amend part 123 of 
the Customs Regulations (19 CFR part 123), as set forth below:

PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO

    1. The authority citation for part 123 continues to read as 
follows:

    Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized Tariff 
Schedule of the United States (HTSUS)), 1431, 1433, 1624.
* * * * *
    2. In Sec. 123.1, it is proposed to amend the first sentence in 
paragraph (a) by adding the words ``, unless excepted by voluntary 
enrollment in and compliance with PORTPASS--a joint Customs Service/
Immigration and Naturalization Service facilitated entry program (See, 
Immigration and Naturalization Regulations at 8 CFR 235.13),'' after 
the words ``Individuals arriving in the United States''; and, to amend 
paragraph (b) by removing the second and third sentences and adding, in 
their place, the sentence that reads as follows:


Sec. 123.1  Report of arrival from Canada or Mexico and permission to 
proceed.

* * * * *
    (b) Vehicles. * * *. Upon arrival of the vehicle in the U.S., the 
driver shall, unless he or she and all of the vehicle's occupants are 
excepted by enrollment in, and in compliance with, PORTPASS--a joint 
Customs Service/ Immigration and Naturalization Service facilitated 
entry program (See, Immigration and Naturalization Regulations at 8 CFR 
235.1 and 286.8), immediately report such arrival to Customs, and shall 
not depart or discharge any passenger or merchandise (including 
baggage) without authorization by the appropriate Customs officer.
* * * * *
    Approved: July 29, 1996.
George J. Weise,
Commissioner of Customs.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 96-23361 Filed 9-11-96; 8:45 am]
BILLING CODE 4820-02-P