[Federal Register Volume 62, Number 113 (Thursday, June 12, 1997)]
[Rules and Regulations]
[Pages 32030-32031]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15329]
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DEPARTMENT OF THE TREASURY
Customs Service
19 CFR Part 123
RIN 1515-AB90
[T.D. 97-48]
Port Passenger Acceleration Service System (PORTPASS) Program
AGENCY: Customs Service, Treasury.
ACTION: Final rule.
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SUMMARY: This document amends the Customs Regulations to reference
certain Immigration and Naturalization Service (INS) Regulations that
provide for land-border inspection programs that were 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.
EFFECTIVE DATE: July 14, 1997.
FOR FURTHER INFORMATION CONTACT: Kimberly Sellers, Office of Field
Operations, Passenger Operations Division, (202) 927-0531.
SUPPLEMENTARY INFORMATION:
Background
To facilitate the entry processing of certain low-risk land-border
travelers, Customs and the Immigration and Naturalization Service (INS)
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
[[Page 32031]]
under the PORTPASS: one concerns travelers 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). Participation in PORTPASS is voluntary and,
because such participation constitutes an exception to the normal
reporting and presentation for inspection requirements contained at 19
CFR 123.1, participants must agree to abide by certain conditions and
restrictions.
Because PORTPASS program specifics are provided for under the INS
Regulations (title 8 of the Code of Federal Regulations), Customs
decided to provide notice of PORTPASS by cross referencing those INS
Regulations in the Customs Regulations. Accordingly, on September 12,
1996, Customs published a notice of proposed rulemaking in the Federal
Register (61 FR 48100) that solicited comments concerning a proposal 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.
The public comment period for the proposed amendment closed
November 12, 1996. One comment was received, which, although discussed
below, was not within the scope of the proposed amendment to the
Customs Regulations. Accordingly, Customs has decided to adopt the
proposed amendment to Part 123 of the Customs Regulations without
change.
Discussion of Comment
Comment: One comment was received from the Air Transport
Association of America which, while applauding Customs effort to
facilitate the low risk land-border traveler, inquired if such
innovations would be expanded to the airport inspection environment.
Customs response: A number of initiatives unique to the air
environment are available to benefit the air passenger. The
preclearance program is designed to expedite entry into the United
States for air passengers traveling directly into the United States
from Canada and the Caribbean; the Advanced Passenger Information
System is designed to facilitate entry into the United States for
passengers on participating carriers; and the General Aviation
Telephonic Entry Program, currently being tested (see, 61 FR 46902),
which provides telephonic entry into the United States for qualifying
general aviation aircraft entering the United States from Canada has
been developed for private aircraft. Other additional methods to
further expedite air passengers are currently under consideration as
part of the National Performance Review (NPR).
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 the amendment will not have a
significant economic impact on a substantial number of small entities,
as the amendment concerns the entry status of individuals. Accordingly,
the amendment is 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.
List of Subjects in 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.
Amendment to the Regulations
For the reasons stated above, part 123 of the Customs Regulations
(19 CFR part 123) is amended as set forth below:
PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO
1. The general 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, the first sentence in paragraph (a) is amended 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, paragraph (b) is
amended 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, 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 shall report such arrival to Customs, and
shall not depart or discharge any passenger or merchandise (including
baggage) without authorization by the appropriate Customs officer.
* * * * *
George J. Weise,
Commissioner of Customs.
Approved: May 21, 1997.
Dennis M. O'Connell,
Acting Deputy Assistant Secretary of the Treasury.
[FR Doc. 97-15329 Filed 6-11-97; 8:45 am]
BILLING CODE 4820-02-P