[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Proposed Rules]
[Pages 59932-59941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27774]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
8 CFR Parts 103 and 235
[USCBP-2008-0097]
RIN 1651-AA73
Establishment of Global Entry Program
AGENCY: U.S. Customs and Border Protection; DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: Pursuant to section 7208(k) of the Intelligence Reform and
Terrorism Prevention Act of 2004, as amended, U.S. Customs and Border
Protection (CBP) proposes to establish an international trusted
traveler program, called Global Entry. This voluntary program would
allow CBP to expedite clearance of pre-approved, low-risk air travelers
into the United States. CBP has been operating the Global Entry program
as a pilot at several airports since June 6, 2008. Based on the
successful operation of the pilot, CBP now proposes to establish Global
Entry as a permanent voluntary regulatory program.
DATES: Comments must be received on or before January 19, 2010.
ADDRESSES: You may submit comments, identified by docket number USCBP-
2008-0097, 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,
799 9th Street, NW., 5th Floor, Washington, DC 20001-4501.
Instructions: All submissions received must include the agency name
and docket title for this rulemaking, and must reference docket number
USCBP-2008-0097. All comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document.
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, 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) 325-0118.
FOR FURTHER INFORMATION CONTACT: Fiorella Michelucci, Office of Field
Operations, 202-344-1220 or Daniel Tanciar, Office of Field Operations,
202-344-2818.
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
proposed rule. CBP also invites comments that relate to the economic,
environmental, or federalism effects that might result from this
proposed rule. Comments that will provide the most assistance to CBP
will reference a specific portion of the proposed rule, explain the
reason for any recommended change, and include data, information, or
authority that support such recommended change.
II. Background and Purpose
Section 7208(k) of the Intelligence Reform and Terrorism Prevention
Act of 2004 (IRTPA), 118 Stat. 3638, as amended by section 565 of the
Consolidated Appropriations Act, 2008, 121 Stat. 1844, codified at 8
U.S.C. 1365b, requires the Secretary of Homeland Security (Secretary)
to create a program to expedite the screening and processing of pre-
approved, low-risk air travelers into the United States. Under the
IRTPA, the Secretary shall ensure that the international trusted
traveler program includes as many participants as practicable by
establishing a reasonable cost of enrollment, making program enrollment
convenient and easily accessible, and providing applicants with clear
and consistent eligibility guidelines.
See 8 U.S.C. 1365b(k)(3). The program shall also incorporate
available technologies, such as biometrics and e-passports, and
security threat assessments.
Section 7208(k) of the IRTPA requires DHS to initiate a rulemaking
action to establish the criteria to participate in the program and to
set the appropriate fee for such participation. This rule meets that
requirement by proposing, among other things, the criteria for
participation in this voluntary program and the fee necessary to cover
the costs of the program.
A. Existing Trusted Traveler Programs
CBP currently operates several regulatory and non-regulatory
international trusted traveler programs. These programs provide
expedited travel for pre-screened populations and operate under the
Port Passenger Accelerated Service System (PORTPASS), a legacy system
of the former Immigration and Naturalization Service, described in 8
CFR 235.7. CBP currently operates three PORTPASS
[[Page 59933]]
programs: the Secure Electronic Network for Travelers Rapid Inspection
(SENTRI), which allows expedited entry at specified land border ports;
the Free and Secure Trade program (FAST), which, among other things,
provides expedited border processing for known, low-risk commercial
drivers \1\; and the I-68 program, which allows expedited entry process
for boaters entering the United States from Canada for recreational
purposes. Although considered a PORTPASS program, the I-68 program is
described separately in 8 CFR 235.1(g). CBP also operates NEXUS, a
trusted traveler program limited to travel between the U.S. and Canada.
NEXUS is authorized by 8 U.S.C. 1753. Additional details regarding all
of these programs can be found at http://www.cbp.gov.
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\1\ FAST was established in 2002 under bilateral agreements
between the United States and Canada (northern border) and the
United States and Mexico (southern border).
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B. Global Entry Pilot
In addition to the permanent traveler programs described above, CBP
is currently conducting a pilot program called Global Entry. The pilot
began at three airports on June 6, 2008. See 73 FR 19861 and 73 FR
30416. On August 13, 2008, CBP announced the expansion of the pilot to
four additional airports (for a total of seven airports) and to
additional terminals at one of the original three airports. See 73 FR
47204. The pilot was expanded to thirteen additional airports (for a
total of twenty airports) on August 10, 2009. See 74 FR 152. The Global
Entry pilot utilizes fingerprint biometrics technology to verify
registered program participants and automated kiosks to provide
participants expedited entry into the United States at any of the
pilot's airport locations. Applicants apply online through the Global
On-line Enrollment System (GOES) at http://www.globalentry.gov.
Applicants pay a non-refundable fee of $100 when applying to the
program. All applicants undergo a background check, including an
interview by a CBP officer, before being enrolled in the pilot program.
The pilot program is generally limited to U.S. citizens, U.S.
nationals, and U.S. lawful permanent residents.\2\ On April 23, 2009,
however, CBP published a notice in the Federal Register announcing that
it had expanded eligibility for participation in the Global Entry pilot
to include citizens of the Netherlands who participate in Privium, an
expedited travel program in the Netherlands, provided they otherwise
satisfy the requirements for participation in the Global Entry pilot
program. See 74 FR 18586.
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\2\ A U.S. citizen means a person who acquired U.S. citizenship
at birth or upon naturalization as provided by law and who has not
subsequently lost such citizenship. A U.S. national is (A) a citizen
of the United States or (B) a person who, though not a citizen of
the United States, owes permanent allegiance to the United States. 8
U.S.C. 1101 (a)(21). A U.S. lawful permanent resident is a person
who has been lawfully accorded the privilege of residing permanently
in the United States as an immigrant in accordance with the
immigration laws, such status not having changed. Such status
terminates upon entry of a final administrative order of exclusion,
deportation or removal. 8 CFR 1.1(p); 8 U.S.C. 1101(a)(20).
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Only individuals 14 years of age or older may apply to enroll in
Global Entry. Individuals may not qualify if they:
Are inadmissible to the United States under applicable
immigration laws;
Provide false or incomplete information on their
application;
Have been convicted of a criminal offense in any country;
Have been found in violation of customs or immigration
laws; or
Fail to meet other Global Entry requirements.
An individual who is not accepted into the Global Entry pilot
program has three avenues for inquiry: (1) DHS Travelers Redress
Inquiry Program (DHS TRIP); (2) directly through the enrollment center;
and (3) the CBP Trusted Traveler Ombudsman.
For more information about specific details of the pilot program,
please refer to the initial notice published on April 11, 2008, in the
Federal Register at 73 FR 19861. Additional details also may be found
on the Web site: http://www.globalentry.gov.
The Global Entry pilot is operating successfully. The automated
kiosks are working smoothly with no current major technical issues or
problems. From June 2008 through March 2009, over 8,000 applications
were filed and 7,923 participants were enrolled. CBP is approving
applications for participation more quickly than was expected. The
average approval time for each application has been less than one
week--better than the initial estimates of ten to fourteen days. Public
reaction has been positive, and CBP has received comments during the
pilot lauding the program.\3\
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\3\ For example, the Executive Director of the U.S. Chamber of
Commerce commented ``[T]he Chamber commends U.S. Customs and Border
Protection for announcing that it would pilot the Global Entry
international trusted traveler (IRT) program * * * CBP's proposal to
pilot Global Entry at three major U.S. airports is an important
first step in what the Chamber hopes will be a nationwide program.''
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DHS has conducted a statistical analysis based on data for 1,575
flights with at least one Global Entry passenger onboard from November
19, 2008 to January 9, 2009. That analysis indicates that participation
in Global Entry may reduce a passenger's wait time by up to seventy
percent--or an estimated seven minutes on average. This analysis
further demonstrates that participation in Global Entry reduces the
variability of wait times, with less than one percent of Global Entry
passengers waiting longer than twenty minutes and approximately ten
percent of all U.S. citizens and lawful permanent residents waiting
longer than twenty minutes. We found that Global Entry participation
varies by airports, airlines and region from where the flight
originates.
III. Establishing a Permanent Global Entry Program
CBP has determined, based on the success of the Global Entry pilot
program, that the pilot should be established as a permanent program
and that it should be expanded to include additional airport locations.
Accordingly, pursuant to section 7208(k) of the IRTPA, CBP is proposing
to amend its regulations to establish Global Entry as a permanent
international trusted traveler program. As proposed under this rule,
the permanent Global Entry program will operate in a similar manner as
the Global Entry pilot program. CBP anticipates that the existing
Global Entry pilot will continue to operate until this proposal is
adopted as a final rule. In the interim, CBP will continue to evaluate
the pilot and will take into consideration the results of this
evaluation, including all comments received by CBP in response to the
Federal Register notices regarding the pilot, when formulating the
details of the permanent Global Entry program in any final rulemaking.
Current participants in the pilot program automatically will be
enrolled in the Global Entry program for five years from the date of
enrollment in the pilot program. Participation in Global Entry would
continue to be voluntary.
This permanent Global Entry program, like the Global Entry pilot
program, will facilitate the movement of low-risk, frequent air
travelers arriving from outside the United States. The Global Entry
program will provide an expedited inspection and examination process
for pre-approved, pre-screened travelers by allowing them to proceed
directly to automated Global Entry kiosks upon their arrival in the
United States. This permanent Global Entry program, along with the
other trusted traveler programs that CBP operates, is consistent with
CBP's strategic goal of
[[Page 59934]]
facilitating legitimate travel while securing the homeland.
A. Eligibility Requirements
1. Persons Eligible To Enroll
U.S. citizens, U.S. nationals, and U.S. lawful permanent residents
would be eligible for participation in the program. 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 Global Entry. Children under
the age of 14 are not eligible to participate in the program.
Additionally, CBP plans to expand the program to include
nonimmigrant aliens from other countries via joint arrangements between
CBP and its respective counterparts in foreign governments. CBP is
working with other countries that operate comparable international
trusted traveler programs to enter into reciprocal arrangements for the
purposes of expanding eligibility for Global Entry. For example, under
the Global Entry pilot program, CBP has entered into an arrangement
with the Netherlands to allow citizens of the Netherlands who
participate in Privium, an expedited travel program operated by the
Government of the Netherlands, to participate in the Global Entry
pilot.
Pursuant to the terms of these reciprocal arrangements, both CBP
and the respective government of the nonimmigrant alien applicant would
vet these applicants during separate enrollments. Each government would
determine if the individual is eligible to participate in its
respective program. To receive CBP approval to participate in Global
Entry, applicants from these other countries would have to satisfy all
the requirements specified in this proposed rule. CBP will announce any
expansions of the Global Entry regulatory program through such
reciprocal arrangements, as well as any substantial modifications or
retractions (i.e., cancellations of such arrangements) by publication
of a notice in the Federal Register. CBP anticipates that each country
that participates under the Global Entry pilot would also participate
under the permanent Global Entry program.
2. Disqualifying Factors
An individual is ineligible to participate in Global Entry if such
individual is inadmissible to the United States under the U.S.
immigration laws. An individual may also be ineligible to participate
in Global Entry if CBP determines that the individual presents a
potential risk for terrorism, criminality or smuggling, or is otherwise
not a low-risk traveler. This risk determination will be based in part
upon an applicant's ability to demonstrate past compliance with laws,
regulations, and policies. An applicant may not qualify for
participation if any of the following risk factors are applicable:
The applicant provides false or incomplete information on
the application;
The applicant has been arrested for, or convicted of any
criminal offense or has pending criminal charges or outstanding
warrants;
The applicant has been found to be in violation of any
customs, immigration, or agriculture regulations, procedures, or laws
in any country;
The applicant is the subject of an investigation by any
Federal, State, or local law enforcement agency;
The applicant is inadmissible to the United States under
U.S. immigration laws and regulations, including applicants with
approved waivers of inadmissibility or parole documentation;
The applicant cannot satisfy CBP of their low-risk status
or meet other program requirements; or
The applicant has been identified on a government watch
list.
B. Program Application and Selection Process
The application for the Global Entry program will continue to be
available on-line through the Global On-Line Enrollment System (GOES)
at http://www.globalentry.gov. The application (the same application
currently used for the pilot) would be completed and submitted
electronically through GOES. Alternative application options, such as
providing enrollment data via private sector entities, will be
considered by CBP. If and when CBP provides for alternative application
processes, CBP will announce those options to the public.
There would be three steps to the application process:
Step 1: Completion of on-line application: Applicants would
complete and submit the program application on-line through GOES and
submit payment of a non-refundable fee through Pay.gov. Applicants
would 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.
Step 2: Application review and notification: CBP officers would
review the applicant's information for processing to ensure that the
applicant is in compliance with U.S. customs and immigration laws and
regulations. CBP also will compare the information provided in the
application against government criminal and antiterrorism databases.
CBP may also use foreign government databases and sources to the extent
permitted by relevant U.S. laws and regulations, and to the extent
allowed under applicable arrangements with foreign governments.
Applicants should check their GOES account after the application is
filed to ensure that CBP received the application. After review, the
applicant will receive notification from CBP through the applicant's
GOES account regarding the status of the application. CBP will also
send a message to the e-mail address provided by the applicant at the
time of the application to check their GOES account. Applicants meeting
the eligibility criteria will be notified that they can schedule an
interview as indicated below. If the application is denied,
instructions will be given on how to proceed if the applicant wishes to
seek additional information.
Step 3: Interview and Processing at Enrollment Center: Applicants
will be notified that they can schedule an interview at an Enrollment
Center using the GOES link to the on-line scheduling feature.
Applicants would choose an Enrollment Center at any Global Entry
airport location. The list of Enrollment Centers and contact
information for those locations can be found at http://www.globalentry.gov. As operation of the program expands, CBP would add
additional enrollment locations to the list.
At the Enrollment Center, CBP officers would review the information
provided by the applicant and conduct an interview of the applicant.
The applicant would be required to bring to the interview originals of
the identification documentation he or she specified in the
application. Usually, this will be a U.S. passport or Lawful Permanent
Resident Card (Form I-551) or, in the case of aliens, a foreign
passport (and visa, if applicable). During this process, CBP officers
would perform the following procedures: verify identity and proof of
citizenship, U.S. national or lawful permanent resident status, as
applicable; confirm admissibility to the United States; confirm the
validity of travel documents; confirm that the candidate meets
eligibility requirements; electronically capture a full set of ten
fingerprints; 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)); and take a
digital photograph of each applicant for the Global Entry database. CBP
may consider whether to
[[Page 59935]]
require the submission of other biometrics in the future.
Although an application can be made for a child (14 years of age or
older, but under 18) to travel with a non-custodial adult, 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 Global Entry program.
After the interview, applicants will be notified of their
acceptance into the Global Entry program by a message posted to their
GOES account. If an applicant is denied participation in Global Entry,
a notice will be sent to the applicant's GOES account advising him or
her of the denial, with instructions on how to proceed if the applicant
wishes to seek additional information.
Each Global Entry participant would be screened against the
relevant criminal and anti-terrorism government databases each time he
or she uses the Global Entry kiosk. CBP would also continue to conduct
periodic checks for all participants during the entire period of
enrollment 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.
C. Redress
An individual whose application is denied or whose participation is
suspended or terminated has three possible methods for redress. These
processes do not create or confer any legal right, privilege or
benefit, but are wholly discretionary on the part of CBP. The methods
of redress include:
(1) Enrollment Center
The applicant/participant may contest his or her denial, suspension
or removal in writing to the enrollment center where that individual's
interview was conducted, or if the applicant/participant has not been
interviewed, he or she can write to the CBP Ombudsman as described in
paragraph (3) below. The enrollment center addresses are available at
http://www.globalentry.gov. The letter must be received by CBP within
30 calendar days of the date provided as the date of suspension or
removal. The individual should write on the envelope ``Redress Request
RE: Global Entry.'' The letter should address any facts or conduct
listed in the notification from CBP as contributing to the denial,
suspension or removal and why the applicant/participant believes the
reason for the action is invalid. The applicant/participant may also
contact the enrollment center where the interview was conducted if it
is believed that the denial, suspension or revocation was based upon
inaccurate information. The individual should also include any
reasonably available supporting documentation. After review, CBP will
inform the individual of its redress decision. The decision of CBP in
the matter is final. If the individual's request for redress is
successful, the individual's eligibility to participate in Global Entry
will resume immediately.
(2) DHS Travelers Redress Inquiry Program (DHS TRIP)
The applicant/participant may choose to initiate the redress
process through DHS TRIP. An applicant/participant seeking redress may
obtain the necessary forms and information to initiate the process on
the DHS TRIP Web site at http://www.dhs.gov/xtrvlsec/programs/gc_1169676919316.shtm, or by contacting DHS Trip by mail at the address on
this Web site.
(3) Ombudsman
If an applicant/participant believes the denial, suspension or
revocation was based upon inaccurate information he or she may contact
the CBP Trusted Traveler Ombudsman at the address on the Web site
http://www.globalentry.gov and following the link for ``Trusted
Traveler Program Denials.''
D. Enrollment Period and Payment of Fee
Congress has authorized the Secretary to charge a reasonable fee
for participation in the program. See 8 U.S.C. 1365b(k)(3)(B). Pursuant
to this authority, CBP is proposing a fee of $100. This non-refundable
fee would 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. If the applicant is enrolled, this fee would cover
his or her participation in the Global Entry Program for a total of
five years. CBP currently charges a fee of $100 to apply for
participation in the Global Entry pilot. Participants in the Global
Entry pilot would not have to reapply or pay an additional fee to
participate in the Global Entry program. Upon implementation of the
Global Entry program, participants in the Global Entry pilot would be
automatically enrolled in the Global Entry program for five years from
the date of their enrollment in the pilot program.
CBP believes that the $100 proposed fee is reasonable because, as
explained in more detail below, it covers only the application
processing costs associated with this program, including the submission
of applicant fingerprints to the FBI, and provides a benefit to the
applicant. Applicants who are enrolled as Global Entry participants
will receive the benefit of expedited clearance through airports at
which the Global Entry program is operational, for a period of five
years, provided their participation is not terminated before the end of
the five-year period.
(1) Alternatives To Charging a Fee
The only alternative to charging a fee to cover CBP's application
processing costs associated with the Global Entry 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, IRTPA authorizes the Secretary to charge a reasonable fee and
not charging a fee 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 a Global Entry 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).
The application processing costs covered by the fee are provided as
follows:
[[Page 59936]]
Unit Cost of Processing An Application for Global Entry
[5-year cycle]
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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 Upgrades. 11.14
Grand Total Unit Cost of Processing a Global Entry 99.96
Application.................................................
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Notes for Table
1. Position costs for application processing is calculated by
multiplying .5 by the hourly rate of a U.S. 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 Global Entry 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 at 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).
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As the above table indicates, the total calculated costs to CBP,
per applicant, are $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 one hundred dollars. This fee will be
non-refundable.
Based on the above considerations, CBP is proposing to amend its
regulations at 8 CFR 103.7 to add language prescribing a fee of one
hundred dollars ($100) to apply for participation in the Global Entry
program.
E. Participating Airports
The Global Entry program, like the existing Global Entry pilot
program, would allow participants expedited entry into the United
States at any of its airport locations by using automated kiosks
located in the Federal Inspection Services (FIS) area of each
participating airport. Although it is anticipated that the Global Entry
program would eventually operate at most major international airport
locations, the program initially would be limited to those airports
that are participating in the Global Entry pilot. The airports chosen
for Global Entry are those which typically experience the largest
numbers of travelers arriving there from outside of the United States.
The Global Entry pilot is currently operational at the following seven
airports: John F. Kennedy International Airport, Jamaica, New York,
(JFK); George Bush Intercontinental Airport, Houston, Texas (IAH);
Washington Dulles International Airport, Sterling, Virginia (IAD); Los
Angeles International Airport, Los Angeles, California (LAX);
Hartsfield-Jackson Atlanta International Airport, Atlanta, Georgia
(ATL); Chicago O'Hare International Airport, Chicago, Illinois (ORD);
and Miami International Airport, Miami, Florida (MIA).
Expansions to new airports would be announced to the public in a
Federal Register notice and on the Web site http://www.globalentry.gov,
just as they are currently announced for the pilot. An updated list of
all the airports at which Global Entry is operational will be available
at http://www.globalentry.gov.
F. Arrival Procedures for Global Entry Participants
A Global Entry participant would not have to wait in the regular
passport control primary inspection lines. After arriving at the FIS
area, the participant would proceed directly to the Global Entry kiosk.
A sticker affixed to the participant's passport at the time of
acceptance in Global Entry would provide visual identification that the
individual can be referred to the kiosk. These stickers will be made
available to participants at the enrollment center located in each
participating airport. Global Entry would use fingerprint biometrics
technology to verify a participant's identity and confirm his or her
status as a participant in the program. In addition to fingerprint
biometrics, CBP may offer the use of additional biometric technologies
as options for identity verification at Global Entry kiosks to
participants when the technologies become available to the Global Entry
program.
After arriving at the kiosk, the participant would activate the
system by inserting either a machine-readable passport or a machine-
readable Lawful Permanent Resident card into the document reader. On-
screen instructions would guide the participant to provide fingerprints
electronically. These fingerprints would be compared with the
fingerprint biometrics on file to validate identity and confirm that
the individual is a participant of the program. The participant would
also be prompted to look at the camera for a digital photograph and to
respond to several questions by use of a touch-screen. CBP Officers
stationed in booths next to the kiosk lanes would oversee activities at
the kiosk. If a problem occurs with a participant's validation, the
participant will be directed to proceed to the front of the regular
inspection lines.
When the procedures at the kiosk have been successfully completed,
the participant would be issued a transaction receipt. This receipt
would be provided to the CBP Officer along with the passport or Lawful
Permanent Resident card at the exit control area for examination.
When using the Global Entry kiosks, Global Entry participants would
be required to declare all articles being brought into the United
States pursuant to 19 CFR 148.11.
If Global Entry participants declare any of the following, the
kiosk would redirect the user to the nearest open passport control
primary inspection station:
1. Commercial merchandise or commercial samples, or items that
exceed the applicable personal exemption amount;
2. More than $10,000 in currency or other monetary instruments
(checks, money orders, etc.), or foreign equivalent in any form; or
3. Restricted/prohibited goods, such as agricultural products,
firearms, mace, pepper spray, endangered animals, birds, narcotics,
fireworks, Cuban goods, and plants.
Pursuant to 19 CFR part 162, Global Entry participants may be
subject to random examination or further examination and inspection at
any time during the arrival process if determined necessary by CBP.
Each successful use of Global Entry would constitute a separate and
completed inspection and application for entry by the participants on
the date that Global Entry is used.
All aliens seeking admission to the United States generally must be
inspected by the examining officer in order to determine admissibility
and shall present required documentation. See 8 U.S.C. 1225(a)(3), (b),
1182(a)(7); 8 CFR part 235. Additionally, pursuant to 8 U.S.C. 1185(b)
and 8 CFR part 235, a person claiming U.S. citizenship must establish
that fact to the examining officer's satisfaction and must present a
U.S. passport or other acceptable documentation. The advance inspection
and identification, when the enrolled participant satisfies the
conditions and
[[Page 59937]]
requirements set fourth in this section, satisfies the reporting
requirements of 8 CFR 235.1(a). Each successful use of Global Entry
constitutes a separate and completed inspection and application for
entry by the program participants on the date Global Entry is used.
G. Electronic System for Travel Authorization (ESTA)
The Visa Waiver Program (VWP) enables citizens and nationals from
participating countries to travel to and enter the United States for
business or pleasure for up to ninety days without obtaining a visa.
Nonimmigrant aliens who wish to travel to the United States under the
VWP are required to obtain a travel authorization via ESTA (Electronic
System for Travel Authorization) in advance of departure to the United
States. To obtain travel authorization, applicants must submit
biographical data and answer eligibility questions. ESTA is accessible
online at https://esta.cbp.dhs.gov for citizens and eligible nationals
of VWP countries.
The Global Entry regulatory program is separate from VWP.
Therefore, when CBP expands the program to include persons other than
U.S. citizens, U.S. nationals, and U.S. lawful permanent residents, any
Global Entry participants who are nonimmigrant aliens from a
participating VWP country (e.g., the Netherlands) and who wish to
travel to the United States under the VWP would be required to receive
a travel authorization via ESTA in advance of departure to the United
States. Global Entry applicants who have not already received a travel
authorization via ESTA will be able to do so as part of the Global
Entry application and enrollment process. During the Global Entry
enrollment and interview phase the applicant will be asked whether he
or she is in possession of an ESTA number. If not in possession of an
ESTA number, the applicant will be asked questions from which it can be
determined whether the applicant is VWP-eligible, and a determination
regarding ESTA authorization will be made.
IV. Statutory and Regulatory Requirements
A. Executive Order 12866
This rule is not an ``economically significant'' rulemaking action
under Executive Order 12866 because it will not result in the
expenditure of more than $100 million in any one year. This rule,
however, is a significant regulatory action under Executive Order
12866; therefore, this proposed rule has been reviewed by the Office of
Management and Budget.
Global Entry is a voluntary program that provides a benefit to the
public by speeding the CBP processing time for participating travelers.
Travelers who are otherwise admissible to the United States will be
able to enter or exit the country regardless of whether they
participate in Global Entry. This evaluation explores the potential
costs and benefits of this voluntary trusted traveler program.
As noted above, CBP estimates that over a five year period, 250,000
enrollees will be processed, an annual average of 50,000 individuals.
CBP will charge a fee of $100 per applicant and estimates that each
application will require 40 minutes (0.67 hours) of the enrollee's time
to search existing data resources, gather the data needed, and complete
and review the application form. Additionally, an enrollee will
experience an ``opportunity cost of time'' to travel to an Enrollment
Center upon acceptance of the initial application. We assume that one
hour will be required for this time spent at the Enrollment Center and
travel to and from the Center, though we note that during the pilot
program, many applicants coordinated their trip to an Enrollment Center
with their travel at the airport. We have used one hour of travel time
so as not to underestimate potential opportunity costs for enrolling in
the program. We use a value of $28.60 for the opportunity cost for this
time, which is taken from the Federal Aviation Administration's
Economic Values for FAA Investment and Regulatory Decisions, A Guide.
(July 3, 2007. See Table ES-1). This value is the weighted average for
U.S. business and leisure travelers. For this evaluation, we assume
that all enrollees will be U.S. citizens, U.S. nationals, or Lawful
Permanent Residents.
Using these values, we estimate that the cost per enrollee is
$147.76 ($28.60 per hour x 1.67 hours + $100 enrollment fee). If there
are 50,000 enrollees annually, this is a cost of $7,388,100 per year.
Over five years, the total costs will be approximately $32 million at a
seven percent discount rate ($35 million at a three percent discount
rate).
As noted previously, Global Entry will allow for expedited
processing for those travelers enrolled in the program. DHS currently
estimates that, based on its statistical analysis from two-months worth
of data, those enrolling in Global Entry will save seven minutes on
average. Monetizing those benefits is difficult; entry processing times
vary widely among airports and times of day, and the number of trips
that the Global Entry benefit will be used for any given individual is
unknown. During some peak periods at some international airports, entry
processing times can be an hour or more. Avoiding such lines by using
Global Entry kiosks and avoiding all other entry processing would
likely represent a clear savings in time for a typical participant.
Because participation in the Global Entry program is voluntary, the
perceived benefits of reduced wait time would have to equal or exceed
the cost of the program over five years. Potential enrollees will
determine whether or not it is worthwhile to enroll in the program
based on their individual preferences, which will be influenced by the
number of trips they make and the typical wait times they experience
when entering the United States. The most likely participants in the
program are those that plan to make multiple trips over five years,
typically experience long waits at the airports they use, or are averse
to the perceived hassle or inconvenience of standing in line for entry
processing. Using the estimates presented above, if the annualized cost
of the program is $36 (total cost of $147.76 amortized over five years
at a seven percent discount rate) and the average time saved per trip
is seven minutes (monetized savings of $3.34 per trip), then an average
traveler would need to make approximately eleven trips annually through
participating airports to consider enrollment in the Global Entry
program worth the cost and estimated burden.
Additionally, those travelers not enrolled in Global Entry could
experience a small benefit in time-savings as well. If Global Entry
participants are not standing in the regular entry processing lines,
non-enrollees could experience reduced wait times.
Finally, the costs for CBP to administer this program are not
included here because they will be recovered through the $100
enrollment fee. CBP could experience benefits by speeding entry
processing and avoiding time needed to process proven low-risk
travelers.
B. Regulatory Flexibility Act
This section examines the impact of the proposed rule on small
entities as required by the Regulatory Flexibility Act (5 U.S.C. 604),
as amended by the Small Business Regulatory Enforcement and Fairness
Act of 1996. A small entity may be a small business (defined as any
independently owned and operated business not dominant in its field
that qualifies as a small business per the Small Business Act); a small
not-for-profit organization; or a small
[[Page 59938]]
governmental jurisdiction (locality with fewer than 50,000 people).
CBP has considered the impact of this proposed rule on small
entities. The individuals to whom this rule applies are not small
entities as that term is defined in 5 U.S.C. 601(6). CBP acknowledges
that there are certain ``sole proprietors'' who would be considered
small businesses and could be affected if they chose to participate in
Global Entry. However, Global Entry is voluntary and the fee to enroll
in Global Entry is one hundred dollars plus the opportunity cost of the
individual applying. CBP believes such an expense would not rise to the
level of being a ``significant economic impact,'' particularly as the
expense need not be incurred unless the enrollee chooses to incur it.
However, we welcome comments on that assumption. The most helpful
comments are those that can give us specific information or examples of
a direct impact on small entities. If we do not receive comments that
demonstrate that the rule causes small entities to incur direct costs,
we may, during the process of drafting the final rule, certify that
this action does not have a significant economic impact on a
substantial number of small entities.
C. Unfunded Mandates Reform Act of 1995
This proposed 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 are necessary under the provisions of the Unfunded Mandates
Reform Act of 1995.
D. Executive Order 13132
The proposed 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, this proposed rule does not have sufficient
federalism implications to warrant the preparation of a federalism
summary impact statement.
E. Paperwork Reduction Act
Information is being collected from voluntary applicants in order
to assess whether the individuals meet the eligibility requirements and
are otherwise deemed to be low-risk travelers and therefore may
appropriately participate in the voluntary Global Entry program. This
information will be collected through the Global On-Line Enrollment
System (GOES). This collection of information is required and
authorized by 8 U.S.C. 1365b and 8 CFR part 235 for use in
international trusted traveler programs. Additionally, the information
being collected is necessary to satisfy the requirements regarding
examination of aliens applying for admission to the United States
pursuant to 8 U.S.C. 1225(a)(3), 8 U.S.C. 1225(b) and 8 U.S.C.
1182(a)(7), and U.S. Citizens entering the United States pursuant to 8
U.S.C. 1185(b).
An agency may not conduct, and a person is not required to respond
to, a collection of information unless the collection of information
displays a valid control number assigned by OMB. OMB has already
approved the collection of the Global Entry application information in
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507)
under OMB Control Number 1651-0121. A revision request will be
submitted to OMB to reflect the additional respondents that will be
submitting the requisite information through GOES.
The burden estimates for collecting and entering information for
the GOES on-line application for Global Entry, interview time, and
travel time are presented below:
Estimated Number of Respondents: 50,000.
Estimated Number of Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 50,000.
Estimated Time per Response: 40 minutes.
Estimate Total Annual Burden Hours: 33,500.
Comments concerning the accuracy of this burden estimate and
suggestions for reducing this burden should be directed to the Office
of Management and Budget, Attention: Desk Officer for the Department of
Homeland Security, Office of Information and Regulatory Affairs,
Washington, DC 20503. A copy should also be sent to the Border Security
Regulations Branch, Bureau of Customs and Border Protection, 799 9th
Street, NW., 5th Floor, Washington, DC 20001-4501.
Comments are invited on:
(a) Whether the collection is necessary for the proper performance
of the functions of the agency, including whether the information will
have practical utility;
(b) The accuracy of the agency's estimate of the burden of the
collection of the information;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected;
(d) Ways to minimize the burden of the collection of information on
respondents, including through the use of automated collection
techniques or other forms of information technology; and
(e) Estimates of capital or startup costs and costs of operations,
maintenance, and purchases of services to provide information.
F. Privacy
The on-line application for Global Entry collects information
similar to that collected on applications for CBP's other trusted
traveler programs (e.g., NEXUS, SENTRI and 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 (71 FR 20708) on April 21, 2006. CBP has also
published two Privacy Impact Assessments that cover this program on the
DHS Privacy Office Web site, http://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.
G. Signing Authority
The signing authority for this document falls under 8 U.S.C.
1365b(k) pertaining to the authority of the Secretary of Homeland
Security to develop and implement a trusted traveler program to
expedite the travel of previously screened and known travelers across
the borders of the United States.
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of
[[Page 59939]]
information, Immigration, Privacy, Reporting and recordkeeping
requirements, Surety bonds.
8 CFR Part 235
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
Proposed Amendments to CBP Regulations
For the reasons set forth in this document, it is proposed to amend
8 CFR parts 103 and 235 as follows:
PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS
1. The authority citation for part 103 would continue to read as
follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304,
1356; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 U.S.C. 1
et seq.); E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p.166;
8 CFR part 2.
2. In Sec. 103.7, paragraph (b)(1) is amended by adding at the end
of the list of forms (after the entry for ``Form N-644'') the
following: ``Global Entry. For filing an application for Global Entry--
$100.''
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION
3. The authority citation for part 235 would continue to read as
follows:
Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant to
E.O. 13323, published January 2, 2004), 1201, 1224, 1225, 1226,
1228, 1365a note, 1365b, 1379, 1731-32; 8 U.S.C. 1185 note (section
7209 of Pub. L. 108-458 as amended by section 546 of Pub. L. 109-295
and by section 723 of Pub. L. 110-53).
4. A new section 235.7a is added to read as follows:
Sec. 235.7a Global Entry program.
(a) Program Description. The Global Entry program is a voluntary
international trusted traveler program consisting of an integrated
passenger processing system that will expedite the movement of low-risk
air travelers into the United States by providing an expedited
inspection process for pre-approved, pre-screened travelers. In order
to participate, a person must meet the eligibility requirements
specified in this section, apply in advance, undergo pre-screening by
CBP, and be accepted into the program. The Global Entry program allows
participants expedited entry into the United States at selected
airports identified by CBP at http://www.globalentry.gov. Participants
will be processed through the use of CBP-approved technology that will
include the use of biometrics to validate identity and to perform
enforcement queries.
(b) Definitions. For purposes of this section:
Nonimmigrant Alien means any person not a citizen or U.S. national
who has been granted the right to reside temporarily in the United
States. The individuals making up this category are described at
section 101(a)(15) of the Act.
U.S. Citizen means a person who acquired U.S. citizenship at birth
or upon naturalization as provided by law and who has not subsequently
lost such citizenship.
U.S. Lawful Permanent Resident means, in accordance with section
101(a)(20) of the Act, a person who has been lawfully accorded the
privilege of residing permanently in the United States as an immigrant
in accordance with the immigration laws and whose status has not
changed. Such status terminates upon entry of a final administrative
order of exclusion, deportation, or removal.
U.S. National means a citizen of the United States or a non-citizen
who owes permanent allegiance to the United States as provided in
section 101(a)(22) of the Act.
(c) Program Eligibility Criteria--(1) Eligible Individuals. The
following individuals, who hold a valid, machine-readable passport or a
valid, machine-readable Lawful Permanent Resident Card, may apply to
participate in Global Entry:
(i) U.S. citizens, U.S. nationals, and U.S. lawful permanent
residents absent any of the disqualifying factors described in
paragraph (c)(2) of this section.
(ii) Certain nonimmigrant aliens from countries that have entered
into reciprocal arrangements with CBP concerning international trusted
traveler programs absent any of the disqualifying factors described in
paragraph (c)(2) of this section, and subject to the conditions set
forth in the particular arrangement. Individuals from a country that
has entered into such an arrangement with CBP may be eligible to apply
for participation in Global Entry only after announcement by CBP by
publication of a notice in the Federal Register. The notice will
include the country, the scope of eligibility of nonimmigrant aliens
from that country (whether citizens of the foreign country only or also
non-citizens) and other conditions that may apply based on the terms of
the arrangement. CBP may change or terminate these arrangements without
prior notice to the public, but will announce such actions as soon as
practicable by publication of a notice in the Federal Register.
(iii) Children 14 years of age and older, but under the age of 18
who meet the eligibility criteria of paragraph (c)(1)(i) or (ii) of
this section, must have the consent of a parent or legal guardian to
participate in Global Entry. Children under the age of 14 are not
eligible to participate in the program.
(2) Disqualifying Factors. An individual is ineligible to
participate in Global Entry if CBP determines that the individual
presents a potential risk for terrorism, criminality or smuggling, or
is otherwise not a low-risk traveler. This risk determination will be
based in part upon an applicant's ability to demonstrate past
compliance with laws, regulations, and policies. An applicant may not
qualify for participation if any of the following risk factors are
applicable:
(i) The applicant provides false or incomplete information on the
application;
(ii) The applicant has been arrested for, or convicted of any
criminal offense or has pending criminal charges or outstanding
warrants;
(iii) The applicant has been found in violation of any Customs,
Immigration, or Agriculture regulations, procedures, or laws in any
country;
(iv) The applicant is the subject of an investigation by any
Federal, State, or local law enforcement agency;
(v) The applicant is inadmissible to the United States under the
immigration laws, including applicants with approved waivers of
inadmissibility or parole documentation;
(vi) The applicant cannot satisfy CBP of their low-risk status or
meet other program requirements; or
(vii) The applicant has been identified on a Government watch list.
(d) Participating Airports. The Global Entry program allows
participants expedited entry into the United States at the locations
identified at http://www.cbp.gov. Expansions of the Global Entry
program to new airports will be announced by publication in the Federal
Register and at http://www.cbp.gov.
(e) Program Application.
(1) Each applicant must complete and submit the program application
electronically through the Global On-Line Enrollment System (GOES). The
application and application instructions for the Global Entry program
are available at http://www.globalentry.gov.
(2) Each applicant must pay a non-refundable fee in the amount set
forth at 8 CFR 103.7(b)(1) for ``Global Entry'' at the time of
application. The fee covers participation for a total of 5 years
[[Page 59940]]
(provided participation is not suspended or terminated by CBP prior to
the end of the 5 years, which is the length of the membership period).
The fee is to be paid to CBP at the time of application through the
Federal Government's on-line payment system, Pay.gov.
(3) Each applicant may apply to renew participation up to 90 days
prior to the close of the original membership period but before the
expiration date to prevent a lapse in participation.
(4) Each applicant may check the status of his or her application
through his or her personal GOES account.
(f) Interview and Enrollment.
(1) After submitting the application, the applicant will be
notified by CBP to schedule an in-person interview at a Global Entry
Enrollment Center. Applicants may schedule the interview by using GOES
and may select an Enrollment Center from the list presented.
(2) Each applicant must bring to the interview with CBP the
original of the identification document specified in his or her
application.
(3) CBP will collect a full set of ten fingerprints to conduct
biometric based background checks.
(4) Each applicant must allow CBP to take a digital photograph of
the applicant.
(5) An applicant may be required to provide additional biometric
information that CBP may require to participate in the program.
(6) After the interview, each applicant will be notified by CBP of
his or her acceptance or denial in Global Entry by a message posted to
his or her personal GOES account.
(g) Valid Machine-Readable Passport or Valid Lawful Permanent
Resident Card. Each participant must possess a valid, machine-readable
passport or valid, machine-readable U.S. Lawful Permanent Resident Card
(Form I-551). Machine-readable passports must include two optical-
character, typeface lines at the bottom of the biographical page of the
passport that help to quickly read the biographical information on the
passport. Machine-readable U.S. Lawful Permanent Resident Cards must
also include two optical-character, typeface lines that help to read
the information on the card.
(h) Arrival Procedures. In order to utilize the Global Entry
program upon entry in the United States, each participant must:
(1) Use the Global Entry kiosk and follow the on-screen
instructions;
(2) Declare all articles being brought into the United States
pursuant to 19 CFR 148.11. A Global Entry participant will be
redirected to the nearest open passport control primary inspection
station, if the participant declares any of the following:
(i) Commercial merchandise or commercial samples, or items that
exceed the applicable personal exemption amount;
(ii) More than $10,000 in currency or other monetary instruments
(checks, money orders, etc.), or foreign equivalent in any form; or
(iii) Restricted/prohibited goods, such as agricultural products,
firearms, mace, pepper spray, endangered animals, birds, narcotics,
fireworks, Cuban goods, and plants.
(i) Application for Entry, Examination and Inspection. Each
successful use of Global Entry constitutes a separate and completed
inspection and application for entry by the participants on the date
that Global Entry is used. Pursuant to the enforcement provisions of 19
CFR part 162, Global Entry participants may be subject to further
examination and inspection at any time during the arrival process if
determined necessary by CBP.
(j) Pilot Participant Enrollment. Upon implementation of the Global
Entry Program, participants in the Global Entry pilot will be
automatically enrolled in the Global Entry Program for 5 years from the
date of enrollment in the pilot program.
(k) Denial, Removal and Suspension.
(1) If an applicant is denied participation in Global Entry, a
notice will be sent to the applicant's GOES account advising him or her
of the denial, with instructions on how to proceed if the applicant
wishes to seek additional information.
(2) A Global Entry participant may be suspended or removed from the
program for any of the following reasons:
(i) CBP, at its sole discretion, determines that the participant
has engaged in any misconduct under the Global Entry program;
(ii) CBP, at its sole discretion, determines that the participant
provided false information during the application and/or application
process;
(iii) CBP, at its sole discretion, determines that the participant
failed to follow the terms, conditions and requirements of the program;
(iv) CBP, at its sole discretion, determines that the participant
has been arrested or convicted of a crime or otherwise no longer meets
the program eligibility criteria; or
(v) CBP, at its sole discretion, determines that such action is
otherwise necessary.
(3) CBP will notify the participant of his or her suspension or
removal in writing. Such suspension or removal is effective
immediately.
(l) Redress.
An individual whose application is denied or whose participation is
suspended or terminated has three possible methods for redress. These
processes do not create or confer any legal right, privilege or
benefit, but are wholly discretionary on the part of CBP. The methods
of redress include:
(1) Enrollment Center.
The applicant/participant may contest his or her denial, suspension
or removal in writing to the enrollment center where that individual's
interview was conducted or if the applicant/participant has not been
interviewed, he or she can write to the CBP Ombudsman in accordance
with paragraph (l)(3) of this section. The enrollment center addresses
are available at http://www.globalentry.gov. The letter must be
received by CBP within 30 calendar days of the date provided as the
date of suspension or removal. The individual should write on the
envelope ``Redress Request RE: Global Entry.'' The letter should
address any facts or conduct listed in the notification from CBP as
contributing to the denial, suspension or removal and why the
applicant/participant believes the reason for the action is invalid.
The applicant/participant may also contact the enrollment center where
the interview was conducted if it is believed that the denial,
suspension or revocation was based upon inaccurate information. The
individual should also include any reasonably available supporting
documentation. After review, CBP will inform the individual of its
redress decision. The decision of CBP in the matter is final. If the
individual's request for redress is successful, the individual's
eligibility to participate in Global Entry will resume immediately.
(2) DHS Travelers Redress Inquiry Program (DHS TRIP).
The applicant/participant may choose to initiate the redress
process through DHS TRIP. An applicant/participant seeking redress may
obtain the necessary forms and information to initiate the process on
the DHS TRIP Web site at: http://www.dhs.gov/xtrvlsec/programs/gc_1169676919316.shtm, or by contacting DHS Trip by mail at the address on
this Web site.
(3) Ombudsman.
If an applicant/participant believes the denial, suspension or
revocation was based upon inaccurate information he or she may contact
the CBP Trusted Traveler Ombudsman at the address on the Web site
http://www.globalentry.gov
[[Page 59941]]
and following the link for ``Trusted Traveler Program Denials.''
Dated: November 13, 2009.
Janet Napolitano,
Secretary.
[FR Doc. E9-27774 Filed 11-18-09; 8:45 am]
BILLING CODE 9111-14-P