[Federal Register Volume 73, Number 71 (Friday, April 11, 2008)]
[Notices]
[Pages 19861-19865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7643]


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DEPARTMENT OF HOMELAND SECURITY

Bureau of Customs and Border Protection

[Docket No. USCBP-2006-0037]


Announcement of Program Pilot: International Traveler (IRT) 
Registered

AGENCY: Customs and Border Protection; Department of Homeland Security.

ACTION: General notice; request for comments.

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SUMMARY: This notice announces a pilot international registered 
traveler program, referred to as International Registered Traveler 
(IRT) that will be operated by Customs and Border Protection (CBP) to 
allow for the expedited clearance of pre-approved low-risk air 
travelers into the United States. This pilot will initially be 
conducted at the John F. Kennedy International Airport, Jamaica, New 
York; the George Bush Intercontinental Airport, Houston, Texas; and the 
Washington Dulles International Airport, Sterling, Virginia, and may 
expand to other locations as announced. This notice invites public 
comments concerning any aspect of the pilot of this international 
registered traveler program, informs interested members of the public 
of the eligibility requirements for voluntary participation in the 
pilot, and describes the basis on which CBP will select participants 
for the pilot.

DATES: Applications to be initial participants in the pilot should be 
submitted May 12, 2008. The pilot will commence June 10, 2008. 
Applications to participate in the pilot will be accepted throughout 
the duration of the pilot. The pilot is expected to continue for at 
least six months. The time frame of the pilot will vary, depending on 
the progress of an evaluation of the pilot that will be conducted by 
CBP.

ADDRESSES: You may submit comments, identified by ``USCBP-2006-0037,'' 
by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Border Security Regulations Branch, Regulations and 
Rulings, Office of International Trade, Customs and Border Protection, 
1300 Pennsylvania

[[Page 19862]]

Avenue, NW. (Mint Annex), Washington, DC 20229.
    Instructions: All submissions received must include the agency 
name, document title, and docket number (USCBP-2006-0037) for this 
notice. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided. 
Docket: For access to the docket to read background documents or 
comments received go to http://www.regulations.gov. Submitted comments 
may also be inspected during regular business days between the hours of 
9 a.m. and 4:30 p.m. at the Office of Regulations and Rulings, Office 
of International Trade, U.S. Customs and Border Protection, 799 9th 
Street, NW., 5th Floor, Washington, DC. Arrangements to inspect 
submitted comments should be made in advance by calling Mr. Joseph 
Clark at (202) 572-8768.
    Applications for the IRT pilot are available through the Global On-
Line Enrollment System (GOES) at www.cbp.gov. Applications must be 
completed and submitted electronically.

FOR FURTHER INFORMATION CONTACT: Fiorella Michelucci, Office of Field 
Operations, (202) 344-2564 (not a toll-free number).

SUPPLEMENTARY INFORMATION:

 Background

    Customs and Border Protection (CBP) is announcing in this notice 
that it will be conducting an international registered traveler pilot 
for a new passenger processing system called International Registered 
Traveler (IRT). CBP will be evaluating the IRT program during this 
pilot with the ultimate goal to implement a single, integrated 
passenger processing system that will expedite the movement of low-
risk, frequent international air travelers by providing an expedited 
inspection process for pre-approved, pre-screened ``trusted'' 
travelers. By implementing this initiative, CBP would facilitate the 
movement of people more efficiently, thereby accomplishing CBP's 
strategic goal of facilitating legitimate trade and travel while 
securing the homeland.
    The Commissioner of CBP is delegated authority in 19 CFR 101.9 to 
conduct voluntary test/pilot programs to evaluate the effectiveness of 
new technology or operational procedures regarding the processing of 
passengers, vessels or merchandise. Title 8 U.S.C., Section 1365b 
requires that the Department of Homeland Security (DHS) operate a 
biometric entry and exit system and that it integrate registered 
traveler programs into this system. This provision also requires, in 
subsection (k)(3), that the Secretary establish an international 
registered traveler program that incorporates available technologies, 
such as biometrics and e-passports, and security threat assessments to 
expedite the screening and processing of international travelers, 
including United States Citizens and lawful permanent residents who 
enter and exit the United States.\1\ Subsection (k)(3)(B) authorizes 
the Secretary to impose a fee for the program and to modify such fee 
``from time to time.'' The provision requires that the fee may not 
exceed the aggregate costs associated with the program and shall be 
credited to DHS to carry out the program.
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    \1\ CBP has other programs that expedite the travel of 
previously screened and known travelers across the borders of the 
United States (i.e., Free and Secure Trade (FAST), Secure Electronic 
Network for Travelers Rapid Inspection (SENTRI), and NEXUS). The 
agency also calls these programs ``trusted traveler programs.''
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    DHS is coordinating multiple tests of electronic identity 
verification systems, including the US-VISIT program and the Registered 
Traveler program of the Transportation Security Administration (TSA). 
The results of these various programs will be considered in 
coordination with those other components and agencies within DHS.

I. Description of IRT Pilot Program

Overview

    The IRT pilot project will allow pilot participants expedited entry 
into the United States at any of its three locations, John F. Kennedy 
International Airport, Jamaica, New York (JFK); the George Bush 
Intercontinental Airport, Houston, Texas (IAH); and the Washington 
Dulles International Airport, Sterling, Virginia (IAD), and a limited 
number of future airports as announced in further Federal Register 
notices, by using automated kiosks located in the Federal Inspection 
Services (FIS) area of each airport. IRT uses fingerprint biometrics 
technology to verify a participant's identity and confirm his or her 
status as a participant.
    After arriving at the FIS area, the participant will proceed 
directly to the IRT kiosk. A sticker affixed to the participant's 
passport at the time of acceptance in IRT will provide visual 
identification that the individual can be referred to the kiosk. IRT 
participants need not wait in the regular passport control primary 
inspection lines.

Operations

    After arriving at the kiosk, the participant will activate the 
system by inserting into the document reader either a machine-readable 
passport or a machine-readable U.S. permanent resident card. On-screen 
instructions will guide the participant to provide fingerprints 
electronically. These fingerprints will be compared with the 
fingerprint biometrics on file to validate identity and confirm that 
the individual is a member of the program. Participants will also be 
prompted to look at the camera for a digital photograph.
    When the procedures at the kiosk have been successfully completed, 
which will also involve responding to several customs declaration 
questions by use of a touch-screen, the participant will be issued a 
transaction receipt. This receipt must be provided along with the 
passport or permanent resident card to the CBP Officer at the exit 
control area who will examine and inspect these documents. CBP Officers 
stationed in booths next to the kiosk lanes will also oversee 
activities at the kiosk.

Declarations

    When using the IRT kiosks, IRT participants will be required to 
declare all articles being brought into the U.S. pursuant to 19 CFR 
148.11.
    If IRT participants declare any of the following, the kiosk will 
redirect the user to the head of the line at the nearest open passport 
control, primary inspection station:
    (a) Commercial merchandise or commercial samples, or items that 
exceed the applicable personal exemption amount;
    (b) More than $10,000 in currency or other monetary instruments 
(checks, money orders, etc.), or foreign equivalent in any form; or
    (c) Restricted/prohibited goods, such as agricultural products, 
firearms, mace, pepper spray, endangered animals, birds, narcotics, 
fireworks, Cuban goods, and plants.
    Moreover, IRT participants may be subject to further examination 
and inspection as determined by CBP Officers at any time during the 
arrival process.

II. Pilot Program Eligibility Criteria

    Participation in the IRT pilot is voluntary. Only U.S. citizens, 
U.S. nationals, and U.S. lawful permanent residents (LPRs) will be 
considered for participation at the launch of this pilot. CBP is 
working with other countries to eventually recognize comparable 
programs operated by these countries so that non-U.S. citizens and 
other foreign nationals that are participants in those programs will be 
eligible for participation in IRT. As these agreements on mutual 
recognition are

[[Page 19863]]

finalized, CBP will expand its eligibility criteria, and will announce 
any expansions of these criteria during the pilot program by 
publication in the Federal Register.
    No person, however, will be eligible for this pilot if he or she 
loses LPR status or is inadmissible to the United States under the 
immigration laws, if he or she has ever been convicted of a criminal 
offense, or if he or she has ever been found in violation of the 
customs or immigration laws of the United States, or of any criminal 
law. Additionally, no person will be eligible if CBP or DHS determines 
that he or she presents a potential risk for terrorism, criminality or 
smuggling, or if CBP or DHS can not sufficiently determine that an 
applicant meets the above criteria for participation in the pilot.
    Children 14 years of age and older, but under the age of 18, must 
have the consent of a parent or legal guardian to participate in the 
pilot. Children under the age of 14 are not eligible to participate in 
the pilot.
    All participants must possess a Machine Readable Passport or 
Permanent Resident Card (if applicable). Machine-readable passports 
include two optical-character, typeface lines at the bottom of the 
biographic page of the passport that help to quickly read the 
biographical information on the passport.

III. Pilot Program Application and Selection Process

    The application for the IRT pilot is available on-line through the 
Global On-Line Enrollment System (GOES) at www.cbp.gov. The application 
is to be completed and submitted electronically through GOES. Other 
application options, such as paper applications or the opportunity to 
provide enrollment data via private sector entities will be considered 
in future announcements.
    The on-line application for IRT collects information similar to 
that collected by applications for CBP's other trusted traveler 
programs (e.g., NEXUS, Secure Electronic Network for Travelers Rapid 
Inspection (SENTRI) and Free and Secure Trade (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) that was last published in the 
Federal Register on April 21, 2006 (71 FR 20708). CBP has also 
published two Privacy Impact Assessments that cover this pilot on the 
DHS Privacy Office Web site, www.dhs.gov/privacy [GES, GOES]. In 
addition, an update addressing on-line functionality of the enrollment 
process 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 
(72 FR 31080).
    A non-refundable fee in the amount of $100 will be charged to each 
applicant at the time of application submission to the pilot program. 
The $100 fee paid by applicants to the pilot will cover the benefits of 
participation for the duration of the pilot. The fee is to be paid to 
CBP at the time of application through the Federal Government's on-line 
payment system, Pay.gov. Pay.gov is a system by which parties can make 
secure electronic payments to many Federal Government agencies. Should 
the IRT program become permanent, other payment alternatives may be 
made available.
    There are three steps to the application process before an 
individual can become a participant in the pilot program. In the first 
step, applicants must complete and submit the pilot program application 
on-line through GOES and submit payment of the $100 fee through 
Pay.gov. Applicants will be provided with a GOES on-line account in 
order to assist them and permit CBP to communicate with the applicant 
during the application process. In the second step, CBP Officers will 
review the applicant's information for processing to ensure that the 
applicant is in compliance with United States customs and immigration 
laws and regulations. Criminal and antiterrorism government databases 
will also be checked. Foreign government databases and sources may also 
be used as permitted by relevant U.S. laws and regulations, and to the 
extent applicable, arrangements with foreign governments.
    Applicants meeting the eligibility criteria will be notified by e-
mail to an e-mail address provided at the time of the application and a 
message in their GOES account that they can schedule an interview at an 
Enrollment Center using the GOES link to the on-line scheduling 
feature. The applicant will choose an Enrollment Center at JFK, Houston 
or Dulles Airport to initiate the third phase of the application 
process. As operation of the program expands, CBP will announce future 
enrollment locations. Contact information for the three current 
Enrollment Centers (also available at www.cbp.gov), is as follows:

John F. Kennedy International Airport: U.S. Customs and Border 
Protection, JFK International Airport, Terminal 4, Second Floor, 
Jamaica, NY 11430, Telephone: (718) 553-1237, Fax: (718) 553-1783.
George Bush Intercontinental Airport: U.S. Customs and Border 
Protection, Houston Intercontinental Airport, 3870 North Terminal Road, 
Terminal E, Houston, TX 77032, Telephone: (281) 230-4672, Fax: (281) 
230-4676.
Washington Dulles International Airport: U.S. Customs and Border 
Protection, Deferred Inspection Unit/Enrollment Center, Washington 
Dulles International Airport, 22685 Holiday Park Drive, Suite 15, 
Sterling, VA 20166, Telephone: (703) 661-7100, Fax: (703) 661-8394.
    At the Enrollment Center, CBP officers will review the provided 
information and conduct an interview of the applicant. Applicants must 
bring to the interview originals of the identification documentation 
they specified in their application to the Enrollment Center. Usually, 
this will be a United States Passport or Permanent Resident card. 
During this process, CBP officers will perform the following 
procedures: verify identity and proof of U.S. citizenship, U.S. 
national or U.S. permanent resident status, as applicable; confirm the 
validity of travel documents; confirm the candidate meets eligibility 
requirements for membership; electronically capture a full set of 10 
fingerprints to enroll the applicant; and conduct various checks, 
including a check for criminal records in law enforcement databases 
(which involves submission of the fingerprints to the Federal Bureau of 
Investigation (FBI)). Finally, CBP officers will also take a digital 
photograph of each applicant for the IRT membership database. Although 
an application can be made for a child (14 years of age or older) to 
travel with a non-custodial adult, provided that the required 
documentation is submitted, a child appearing at the Enrollment Center 
for processing must be accompanied by at least one custodial adult 
(parent or guardian). At the interview, the CBP officer may request 
appropriate documentary evidence of parental custody from the parent or 
guardian seeking to enroll the child in the IRT pilot.
    After becoming a member of IRT, each participant will be screened 
against the

[[Page 19864]]

relevant criminal and anti-terrorism government databases each time the 
IRT kiosk is used. Additionally, it is important to note that CBP will 
continue to conduct periodic checks for all enrolled members during the 
entire period of the pilot (and/or the permanent version of the 
program, at the point it becomes permanent), to ensure that CBP can 
quickly take action should new information be made available that would 
disqualify the participant.
    The required immigration status and citizenship of participants 
must be valid at all times. Participants must possess required 
immigration and identity documents at all times during their travel, 
including at the time of arrival to participating airports.

IV. The Fee

    In order to reimburse CBP for the application processing costs 
associated with this program, including the submission of applicant 
fingerprints to the FBI, Congress has, as noted, authorized the 
Secretary (of the Department of Homeland Security) to charge a fee for 
participation in the program. See 8 U.S.C. 1365b(k)(3)(B). On receipt 
of the fee, CBP will review the application and determine whether the 
applicant is eligible to participate in this voluntary program. 
Applicants who are enrolled as IRT participants will receive the 
benefit of expedited clearance through airports at which CBP is 
testing, or later establishes the IRT program.

1. Alternatives to Charging a Fee

    The only alternative to charging a fee to cover CBP's application 
processing costs associated with the IRT program would be for the 
United States Government, and specifically CBP, to pay for the costs 
out of its general appropriated funds, without reimbursement. However, 
this course of action would be contrary to stated Congressional and 
Administration policy that a fee should be charged when a specific 
benefit is rendered. 31 U.S.C. 9701; Office of Management and Budget 
(OMB) Circular A-25, User Charges (Revised), section 6, 58 FR 38142 
(July 15, 1993). Therefore, CBP has determined that charging a fee for 
the subject service is the only viable alternative.

2. Amount of the Fee

    CBP has determined that $100 is the amount necessary to recover the 
costs incurred by CBP for the processing of the application, including 
the submission of the applicant's fingerprints to the FBI, and other 
administrative costs of the program.
    However, the program costs covered by this fee do not include 
inspection costs incurred by CBP each time an IRT participant enters 
the United States. Such costs are covered by the various inspection 
user fees already charged by CBP. See 8 U.S.C. 1356(d); 19 U.S.C. 
58c(a)(5)(B).
    The application processing costs covered by the fee are provided as 
follows:

      Unit Cost of Processing an Application for IRT (5 Year Cycle)
------------------------------------------------------------------------
 
------------------------------------------------------------------------
Unit Cost FBI Fingerprints..............................          $17.25
Unit Cost of Vetting An Applicant.......................           38.04
Unit Cost of Issuing Sticker............................            1.00
Unit Cost of Establishing, Operating, and Maintaining An           32.53
 Enrollment Center......................................
Unit Cost of GES Servers, Storage, Enhancements and                11.14
 Upgrades...............................................
                                                         ---------------
Grand Total Unit Cost of Processing An IRT Application..          99.96
------------------------------------------------------------------------
Notes for Table:
1. Position costs for application processing is calculated by
  multiplying .5 by the hourly rate of a Customs and Border Protection
  Officer (CBPO), (Total position cost = $144,000, including training,
  equipment and other costs). A 3.16% pay raise and benefits weighted
  average rate was applied.
2. A 3% inflation rate adjustment was applied for all costs.
3. GES is the acronym for CBP's Global Enrollment System. Application
  for the IRT pilot program will occur in the Global On-Line Enrollment
  System (GOES), which is part of GES. The GES is housed in the CBP
  Secure network.
Other Assumptions:
CBPOs working on the enrollment centers will perform other functions
  when no application processing-related work exists.
Unit cost is based on regular hours. Overtime is excluded.
Total enrollees = 250,000 (This total would be reached in a five-year
  cycle).

    As can be seen in the above table, the total calculated costs to 
CBP, per applicant, equals the amount of $99.96. To simplify accounting 
tasks for both applicants and CBP, and to allow for the possibility of 
small variations in the estimated costs compared to the actual costs, 
CBP is setting the cost per applicant at $100. This fee will be non-
refundable.

V. Redress

    If an applicant is denied participation in the IRT pilot, a notice 
will be sent to his or her GOES account advising him or her of the 
denial, with instructions on how to proceed if the applicant wishes to 
seek additional information.
    Even though an applicant has been accepted in the pilot program, he 
or she may later be suspended or removed from the pilot if CBP, at its 
sole discretion, determines that a participant has engaged in any 
misconduct under the IRT pilot; if the participant provided false 
information during the application and/or application process; if the 
participant fails to follow the terms and conditions of this notice 
and/or the requirements of the pilot; if the participant is convicted 
of a crime or otherwise no longer meets the qualification standards of 
the program; or if CBP determines that such action is necessary and 
appropriate. CBP will notify the participant of his or her suspension 
or removal from the pilot in writing, which will be effective 
immediately.
    The applicant has three channels for redress: (a) Directly with the 
enrollment center; (b) DHS Travelers Redress Inquiry Program (DHS 
TRIP); and c) the CBP Trusted Traveler Ombudsman.
(a) Enrollment Center
    A participant may contest his or her suspension or removal, in 
writing, to the Enrollment Center where the participant's interview was 
conducted. The enrollment center addresses are available at www.cbp.gov 
and are provided in this document. The participant's letter must be 
received by CBP within thirty (30) calendar days of the date provided 
as the date of suspension or removal. The applicant should write on the 
envelope ``Redress Request RE: IRT.'' The letter should address the 
facts or conduct that resulted in the suspension or removal and why the 
participant believes the

[[Page 19865]]

reason for the suspension or removal is invalid.
(b) DHS TRIP
    The individual may choose to initiate the redress process through 
the existing DHS TRIP process. DHS TRIP is a Web-based customer service 
initiative developed as a voluntary program to provide a one-stop 
mechanism for individuals to request redress. DHS TRIP provides 
traveler redress intake and processing support while working with 
relevant DHS components to review and respond to requests for redress.
    An individual seeking redress may obtain the necessary forms and 
information to initiate the process on the DHS TRIP Web site at http://www.dhs.gov/trip or by contacting DHS TRIP by mail. DHS TRIP will 
review all the documentation provided by the individual and share the 
redress request with any necessary agencies (including appropriate 
Federal law enforcement or intelligence agencies, if necessary) for 
resolution. DHS TRIP will correct any erroneous information and will 
inform the individual when the redress process has been completed.
(c) Ombudsman
    If participants feel the denial or revocation was based upon 
inaccurate information, they may contact the CBP Enrollment Center 
where their interview was conducted, or they may write to the CBP 
Trusted Traveler Ombudsman at: U.S. Customs and Border Protection, 300 
Interstate Corporate Center, Suite 303, Williston, VT 05495, Attention: 
CBP Ombudsman.
    Contact with the Enrollment Centers, DHS TRIP or the Trusted 
Traveler Ombudsman should contain supporting information that can 
demonstrate that the denial or revocation was based on inaccurate 
information. CBP often relies on data from other agencies (e.g., 
Immigration and Customs Enforcement, FBI, Drug Enforcement 
Administration) and the denial or revocation may have been based upon 
those records. In order to view records that may be on file with 
another agency, the applicant will need to contact those agencies 
directly. The provisions allowing participants to seek redress 
concerning their suspension or removal from the program pilot do not 
create or confer any legal right, privilege or benefit, but is wholly 
discretionary on the part of CBP.
    None of these three options for redress will result in either the 
confirmation or denial of whether an individual is on the watch list, 
because this information is derived from classified and sensitive law 
enforcement and intelligence information. This policy protects the 
operational counterterrorism and intelligence collection objectives of 
the Federal Government, as well as the personal safety of those 
involved in counterterrorism investigations.

VI. FOIA

    Any participant who has reason to believe his or her suspension or 
removal is based upon records maintained by CBP and wishes to view 
those records, should file a Freedom of Information Act (FOIA) request 
with the FOIA Division, Office of International Trade, U.S. Customs and 
Border Protection, 1300 Pennsylvania Avenue, NW. (Mint Annex), 
Washington, DC 20229. Applicants should not use this address to seek 
redress or review of their application for this pilot. This address 
should only be used to obtain copies of the information CBP has on 
file, subject to applicable FOIA exemptions. If the record sought is 
owned by another State or local entity, the applicant must contact that 
entity directly for information.

VII. Pilot Evaluation Criteria

    CBP will review all public comments received concerning any aspect 
of the pilot program or procedures, finalize procedures in light of 
those comments and CBP will evaluate the program by forming problem-
solving teams and establishing baseline measures and evaluation methods 
and criteria. Evaluation of the pilot will begin upon the start of the 
pilot. The pilot is expected to continue for a minimum of six months. A 
review will be conducted at the end of a three-month period and at the 
six-month period, to include evaluation of the following: The number of 
participants; the number of instances and length of time that kiosks 
were out of service; the average length of time for a person to 
successfully complete the kiosk process; the number of instances that 
approved user could not successfully complete the kiosk process; the 
average length of time for CBP to process applications; the percentage 
of denied applications; and the percentage of kiosk usage. This time 
frame is subject to change, however, depending on the progress of the 
ongoing evaluation. The pilot program may be extended, modified, or 
terminated depending on the results of the evaluation.

    Dated: April 7, 2008.
W. Ralph Basham,
Commissioner, Customs and Border Protection.
 [FR Doc. E8-7643 Filed 4-10-08; 8:45 am]
BILLING CODE 9111-14-P