[Federal Register Volume 68, Number 42 (Tuesday, March 4, 2003)]
[Rules and Regulations]
[Pages 10143-10145]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-5189]



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 Rules and Regulations
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  Federal Register / Vol. 68, No. 42 / Tuesday, March 4, 2003 / Rules 
and Regulations  

[[Page 10143]]



DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

8 CFR Part 235

[INS No. 2256-03]
RIN 1115-AG94


Automated Inspection Services--Extension of Enrollment Period

AGENCY: Immigration and Naturalization Service, Justice.

ACTION: Interim rule with request for comments.

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SUMMARY: Automated Inspection Services (AIS) programs, such as the INS 
Passenger Accelerated Service System (INSPASS) and the Secure 
Electronic Network for Travelers Rapid Inspection (SENTRI), are 
automated systems designed to identify pre-registered, low-risk 
travelers and permit them to enter the United States within a 
predictable wait time by reducing the interaction of the traveler with 
the inspector at the time of entry. The extension of the enrollment 
period for AIS programs will benefit both the Immigration and 
Naturalization Service (Service), and the applicants of the INSPASS and 
SENTRI programs.
    The Service regulations currently limit the period of approval to 
the program to 1 year, thereby requiring applicants to resubmit a new 
application and fee each year. This is a very burdensome process for 
both the traveling public and the Federal agencies administering the 
programs. This rule amends the Service's regulations to extend the 
current enrollment period for the AIS programs from 1 year to 2 years. 
The Service has determined that it can effectively maintain the 
integrity of the program and the security of the border without 
requiring applicants to undergo an annual application renewal.

DATES: Effective date: This interim rule is effective February 28, 
2003.
    Comment date: Written comments must be submitted on or before April 
29, 2003.

ADDRESSES: Please submit written comments, to the Director, Regulations 
and Forms Services Division, Immigration and Naturalization Service, 
425 I Street, NW., Room 4034, Washington, DC 20536. To ensure proper 
handling please reference INS number 2256-03 on your correspondence. 
You may also submit comments electronically to the Service at 
[email protected]. When submitting comments electronically, you must 
include INS number 2256-03 in the subject box. Comments are available 
for public inspection at the above address by calling (202) 514-3291 to 
arrange for an appointment.

FOR FURTHER INFORMATION CONTACT: Thomas C. Campbell, Assistant Chief 
Inspector, Immigration and Naturalization Service, 425 I Street, NW., 
Room 4064, Washington, DC 20536, telephone number (202) 305-9246.

SUPPLEMENTARY INFORMATION:

What Is an Automated Inspection Service (AIS)?

    The AIS, also known as PORTPASS programs, are automated systems 
designed to identify pre-registered, low-risk travelers using various 
technologies, and permit them to enter the United States within a 
predictable wait time by reducing the interaction of the traveler with 
the inspector at the time of entry. The Service currently operates 
several AIS systems, including the Secure Electronic Network for 
Travelers Rapid Inspection (SENTRI) dedicated commuter lanes along the 
southern border, and Immigration and Naturalization Service Passenger 
Accelerated Service System (INSPASS), at several airport locations. The 
AIS programs incorporate a pre-registration of participants that 
includes an interview, various agency law enforcement database and 
criminal record checks, capturing of biometrics, and inspection of the 
vehicle, if appropriate. Upon entry to the United States, the traveler 
is identified using various technologies, such as transponders, 
proximity cards, or other means of biometric verification. In dedicated 
commuter lanes, the participant's photograph and other information 
displays on the screen to the inspector in designated vehicle lanes, 
who can verify the identity of the traveler. For INSPASS, travelers 
approach a kiosk and submit to a biometric (hand geometry) verification 
and database check upon entry. These programs benefit both the 
traveling public and the government by providing advance information 
about persons entering the United States, thereby allowing minimal 
inspection of low-risk, known travelers, while permitting border 
inspectors to focus attention and resources on unknown, or higher-risk 
travelers.

What is INSPASS?

    [sbull] INSPASS is an AIS Program currently operational at 
international airports at: Los Angeles, Miami, Newark, New York (JFK), 
San Francisco, Washington-Dulles, and the U.S. preclearance sites at 
Vancouver, and Toronto in Canada. Citizens of the United States, 
Canada, Bermuda, and Visa Waiver Pilot Program (VWPP) countries who 
travel to the U.S. on business three or more times a year, or who are 
diplomats, representatives of international organizations, or airline 
crews from the VWPP nations may voluntarily enroll in the INSPASS 
Program.
    [sbull] Enrollment into INSPASS is not available to anyone with a 
criminal record or to aliens who require a waiver of inadmissibility to 
enter the U.S.
    [sbull] Arriving at a Port-of-Entry, the traveler proceeds to an 
INSPASS inspection queue. There, the person inserts a card issued to 
them at enrollment to an INSPASS kiosk, similar to automated bank 
teller devices. Responding to messages on the kiosk's touch-screen 
display, the traveler is prompted to enter their flight number and to 
place their hand in a hand geometry reader. Screen prompts are used to 
achieve correct alignment of the hand, with the hand reader. The kiosk 
software automatically compares the live scan of the traveler's hand 
geometry biometric to the image captured at enrollment. If the 
traveler's identity is validated by this comparison, an I-94 (if 
required) or receipt of his inspection is printed by the Kiosk that 
directs the traveler to proceed to U.S. Customs Inspection. If this 
check is not successful, a screen Message refers the

[[Page 10144]]

traveler to an Immigration Inspector in a nearby inspection booth.

What is SENTRI?

    [sbull] SENTRI is an AIS Program that enables enrolled travelers to 
rapidly enter the United States through a dedicated commuter lane (DCL) 
at specific Land Border Ports-of-Entry.
    [sbull] To be eligible to use SENTRI, you must be able to lawfully 
enter the United States and pass a three-part comprehensive background 
check. These record checks are conducted for all applicants (18 years 
of age and older) by the U.S. Immigration and Naturalization Service, 
U.S. Customs Service, and Federal Bureau of Investigation.
    [sbull] When an enrolled automobile approaches the inspection booth 
in the SENTRI lane, a radio frequency transponder that is affixed to 
the automobile emits radio signals that are picked up by receivers 
located at the port of entry. Each transponder has a unique number that 
retrieves a specific record in the SENTRI enrollment database. Within 
moments, this record, which contains a photograph and detailed 
information about the vehicle and its occupants, appears on a color 
monitor screen in front of the inspector. Next, each auto occupant 
swipes an identification card through a magnetic reader located at the 
inspection booth, (a process similar to using an ATM card). The 
inspector verifies that the vehicle's occupants are enrolled in the 
SENTRI system and authorizes the vehicle and its occupants to enter the 
United States. As at other ports of entry, the inspector may refer 
vehicles for a more thorough inspection. In addition, a small 
percentage of travelers are randomly chosen by computer and referred 
for a secondary inspection to ensure compliance with the rules and 
regulations of the SENTRI system.

Are Security Checks Conducted in the AIS Programs?

    Yes. The Service requires that all AIS Programs perform various 
agency law enforcement database and criminal record checks. AIS 
travelers may also undergo additional random referrals and compliance 
checks to ensure that the participants remain in compliance with the 
program guidelines and the laws and regulations that govern entry in 
the United States.

How Does This Rule Amend the Regulations?

    This rule extends the period of enrollment in the AIS programs from 
1 year to 2 years. This change will significantly reduce the paperwork 
burden on the general public and the inspection services while causing 
no reduction in the security of the automated inspection systems or the 
international border. The Service will continue to perform regular 
queries of the law enforcement databases on the enrolled travelers as 
well as requesting updates of information from enrolled travelers 
through periodic mailings. The Service will also continue to perform 
regular queries of the law enforcement databases on the enrolled 
travelers, as well as requesting updates of information from enrolled 
travelers through periodic mailings, if necessary. The Service will 
also continue to conduct random referrals and compliance checks to 
ensure that participants remain in compliance with the programs 
guidelines and the laws and regulations that govern entry into the 
United States.

Why Is the Service Changing the Length of the Enrollment Period?

    With the growing popularity of the AIS programs particularly along 
the southern border, the large number of applicants has placed a strain 
on the ability of the enrollment centers to process all applications in 
a timely manner, resulting in extensive backlogs of applicants waiting 
to be processed. The annual renewal requirement further exacerbates 
this workload. Because the data provided at the time of enrollment by 
the traveler typically remains the same from year to year, the Service 
has determined that it does not require the re-submission of this data 
on an annual basis. However, the Service will continue to evaluate this 
and other aspects of the AIS programs to determine whether additional 
changes should be made at a later date.

How Will the Service Measure Its Performance on Enrollments?

    An extension of the enrollment from 1 year to 2 years would aid the 
Service in its goal to reduce the enrollment backlog to 60 days by July 
1, 2003. Thousands of applicants each year will no longer be required 
to visit the enrollment center, re-enroll or pay an additional 
application fee. By eliminating an extra enrollment fee, a reduction in 
cost for program participation is returned to the traveler. Fewer 
visitors to the enrollment centers decrease the strenuous workload for 
the Service. Attention could then be focused on the reduction of the 
thousands of applicants backlogged instead of processing yearly re-
applications.

If I am Already Enrolled in an AIS Program, Will My Enrollment Period 
Be Automatically Extended to 2 Years?

    Yes, the Service will consider your enrollment period to be valid 2 
years from the date of your last enrollment approval. You will not have 
to pay an additional enrollment fee for the extension.

What if My Visa or Immigration Status Is Valid for Less Than 2 Years 
When I Submit my Application?

    The actual authorization of any AIS participation is determined by 
the individual's underlying immigration status. The individual's 
immigration status must be valid at all times to participate in the 
program and they must be in possession of all appropriate immigration 
and identity documents at the time of each entry. The initial period of 
approval will be limited in accordance with the underlying immigration 
status, but can be extended, without application or fee, for the full 
2-year period once the participant establishes the appropriate visa or 
immigration status validity.

Has the Service Consulted With Other Entities in Developing This New 
Rule?

    The Service has consulted with numerous stakeholders and received 
positive feedback on this change from all entities. These stakeholders 
include the Border Trade Alliances, individual travelers, business and 
trade associations, congressional officials, and the other federal 
inspection service agencies involved in the affected programs.

Good Cause Exception

    The Service's implementation of this rule as an interim rule, with 
provision for post-promulgation public comment, is based upon the 
``good cause'' exception found at 5 U.S.C. 553(b)(B) and (d)(1). The 
reason for immediate implementation is as follows: This rule is 
intended to benefit both the traveling public and the Service by 
decreasing the workload at the enrollment centers and alleviating the 
backlog of pending applications. In addition, this rule relieves the 
burden on the program participant of having to file an application 
annually and will also reduce the cost to the participant since the 
participant will not have to pay the additional enrollment fee for the 
second year. As previously stated, having as much advance information 
about as many travelers to the United States as possible promotes 
greater security of the border and the United States. In addition, 
since the events of September 11, 2001, ports-of-entry have operated

[[Page 10145]]

under a higher threat level. This has often resulted in a dramatic 
increase in the time persons must wait to enter the United States at a 
land port-of-entry. The increased wait times result in increased 
release of emissions from vehicles into the communities surrounding the 
ports and impact the economy as the amount of trade and travel between 
the United States and its neighbors is decreased. The heightened 
security measures have required the inspection services to stretch 
scarce resources. AIS programs alleviate these harms by allowing 
quicker passage through the port and by allowing the government to 
focus inspection resources on higher risk travelers. Accordingly, the 
Service finds that it is impracticable and contrary to the public 
interest to adopt this rule with the prior notice and comment period 
normally required under 5 U.S.C. 553. This rule will be effective 
immediately upon publication under 5 U.S.C. 553(d)(1) because the rule 
relieves the burden on the program participant of having to file an 
application and pay a fee on a yearly basis. This benefits both the 
traveling public and the government by decreasing the workload at the 
enrollment center and alleviating the backlog of pending applications. 
In addition the good cause exception at 5 U.S.C. 553(d)(3) also permits 
the rule to become effective immediately for the reasons stated above.

Regulatory Flexibility Act

    Although some of the enrollees in the AIS programs may be 
considered small entities, the majority of the travelers participating 
in the AIS programs are individuals who cross the border frequently for 
a variety of reasons, both business and personal. The intent of this 
rule is to reduce the burden on all of the participants in the AIS 
programs by eliminating the requirement of having to file an 
application annually and by reducing the cost to the participant. 
Accordingly, the Acting Commissioner of the Immigration and 
Naturalization Service, in accordance with the Regulatory Flexibility 
Act (5 U.S.C. 605(b)), has reviewed this interim rule and, by approving 
it, certifies that this rule will not have a significant economic 
impact on a substantial number of small entities.

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 were deemed 
necessary under the provisions of the Unfunded Mandates Reform Act of 
1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by section 804 of the 
Small Business Regulatory Enforcement Act of 1996. This rule will not 
result in an annual effect on the economy of $100 million or more; a 
major increase in cost or prices; or significant adverse effects on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.

Executive Order 12866

    This rule is considered by the Department of Justice, Immigration 
and Naturalization Service, to be a ``significant regulatory action'' 
under Executive Order 12866, section 3(f), Regulatory Planning and 
Review. Accordingly, the Office of Management and Budget has waived its 
review process under section 6(a)(3)(A).
    The Service has assessed both the costs and benefits of this rule 
required by section 1(b)(6) of Executive Order 12866 and has made a 
reasonable determination that as previously stated in the ``Good Cause 
Exception'' that the intent of this rule is to reduce the burden on all 
of the participants in the AIS programs by eliminating the requirement 
of having to file an application annually and by reducing the cost to 
the participant. This will also reduce the strenuous workload of the 
Service in having to re-enroll thousands of applicants each year.

Executive Order 13132

    This 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, it is determined that this rule does not have 
sufficient federalism implications to warrant the preparation of a 
federalism summary impact statement.

Executive Order 12988 Civil Justice Reform

    This interim rule meets the applicable standards set forth in 
sections 3(a) and 3(b)(2) of Executive Order 12988.

Paperwork Reduction Act

    The Form I-823, Application--Alternative Inspection Services, is 
used for enrolling applicants in the AIS programs. This form has 
previously been approved for use by the Office of Management and Budget 
(OMB). The OMB control number for this collection is 1115-0174.

List of Subjects in 8 CFR Part 235

    Administrative practice and procedure, Aliens, Immigration, 
Reporting and recordkeeping requirements.

PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

    1. The authority citation for part 235 continues to read as 
follows:

    Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1201, 1224, 1225, 
1226, 1228; 8 CFR part 2.


Sec.  235.7  [Amended]

    2. Section 235.7(a)(4)(xi) is amended in the first sentence by 
revising the phrase ``1 year'' to read: ``2 years''.

    Dated: January 29, 2003.
Michael J. Garcia,
Acting Commissioner, Immigration and Naturalization Service.
[FR Doc. 03-5189 Filed 2-28-03; 3:03 pm]
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