[Federal Register Volume 77, Number 24 (Monday, February 6, 2012)]
[Rules and Regulations]
[Pages 5681-5691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-2470]



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  Federal Register / Vol. 77, No. 24 / Monday, February 6, 2012 / Rules 
and Regulations  

[[Page 5681]]


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 DEPARTMENT OF HOMELAND SECURITY

 8 CFR Parts 103 and 235

 RIN 1651-AA73
[USCBP-2008-0097; CBP Dec. 11-15]


Establishment of Global Entry Program

AGENCY: U.S. Customs and Border Protection; DHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule adopts, with some changes, a notice of 
proposed rulemaking published in the Federal Register on November 19, 
2009, which proposed establishing an international trusted traveler 
program called Global Entry. This voluntary program allows U.S. Customs 
and Border Protection (CBP) to expedite clearance of pre-approved, low-
risk air travelers arriving in the United States. This final rule 
establishes Global Entry as an ongoing voluntary regulatory program.

DATES: Effective Date: March 7, 2012.

FOR FURTHER INFORMATION CONTACT: Larry Panetta, CBP, Office of Field 
Operations, (202) 344-1253, or Daniel Tanciar, CBP, Office of Field 
Operations, (202) 344-2818.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background, Purpose and Summary of Final Rule
    A. Expansion of the Global Entry Pilot Eligibility to Mexican 
Nationals
    B. Use of Global Entry Kiosks by Participants of NEXUS and 
SENTRI
II. Analysis of Comments
    A. Program Performance and Entry Process
    B. Marketing of Global Entry
    C. Expansion of Global Entry
    D. Costs
    E. Program Integrity
    F. Private Sector Involvement
    G. Global Entry Equipment
    H. Privacy
III. Conclusion
    A. Summary of Requirements Under the Final Rule
    1. Participating Airports
    2. Global Entry Participation for Citizens of the Netherlands
    3. U.S. Citizen Participation in Privium
    4. Global Entry Participation for Mexican Nationals
    5. U.S. Citizen Eligibility in Mexico Trusted Traveler Program
    6. Global Entry Privileges for NEXUS and SENTRI Trusted Traveler 
Programs
    7. Expansion of Global Entry to Qualified Individuals From Other 
Countries
    B. Changes From the NPRM
IV. Statutory and Regulatory Requirements
    A. Section 508 of the Rehabilitation Act of 1973
    B. Executive Order 12866 and Executive Order 13563
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132
    F. Paperwork Reduction Act
    G. Privacy
    H. Signing Authority

I. Background, Purpose, and Summary of Final Rule

    Pursuant to 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, the Department of Homeland Security 
(DHS) published a notice of proposed rulemaking (NPRM) in the Federal 
Register on November 19, 2009, proposing to establish an international 
trusted traveler program called Global Entry. See 74 FR 59932. As 
described in the NPRM, the Global Entry program is modeled after the 
Global Entry pilot program, which has operated since June 6, 2008. For 
more information about the pilot and CBP's other trusted traveler 
programs, please refer to the Global Entry pilot notice published on 
April 11, 2008 (73 FR 19861) and the Global Entry NPRM published on 
November 19, 2009 (74 FR 59932). As explained in the NPRM, CBP 
published several Federal Register notices that established the pilot, 
expanded the Global Entry pilot to include additional airports, and 
expanded eligibility for participation to include certain citizens of 
the Netherlands who otherwise satisfy the requirements for 
participation in the pilot. See 73 FR 19861, 73 FR 30416, 73 FR 47204, 
74 FR 18586, and 74 FR 39965. Additional details regarding the growth 
of the pilot and the proposed rule also may be found on the Web sites 
www.globalentry.gov and www.cbp.gov.
    This final rule adopts, with some changes, the NPRM published in 
the Federal Register on November 19, 2009, which proposed establishing 
Global Entry as an ongoing voluntary regulatory program. This final 
rule addresses all of the public comments received and provides Global 
Entry participants with all the relevant information. There were 
several minor changes made to the NPRM (see Section III B). The only 
significant change is that minors under the age limit of 14 are now 
permitted to apply to the Global Entry program. This change will allow 
more families to enjoy the benefits of the program and is in direct 
response to feedback from the public.

A. Expansion of the Global Entry Pilot Eligibility to Mexican Nationals

    After publication of the Global Entry NPRM, CBP published an 
additional Federal Register notice on December 29, 2010, to expand 
eligibility for participation in the Global Entry pilot to include 
qualified Mexican nationals who have been vetted by both CBP and the 
Government of Mexico and satisfy the program's eligibility 
requirements. See 75 FR 82200. This expansion implements the Joint 
Declaration between DHS and the Secretariat of Governance of the United 
Mexican States, through the National Migration Institute. Since the 
publication of this Federal Register notice, CBP has been accepting 
applications from Mexican nationals who are interested in participating 
in the Global Entry pilot program. As of March 25, 2011, CBP has 
enrolled 396 Mexican nationals into the Global Entry pilot program. As 
explained in Section III A4, this rule announces that Mexican nationals 
who meet eligibility requirements can enroll in the Global Entry 
program. It further specifies that the rule serves notice that upon its 
implementation, Mexican nationals who are existing participants in the 
Global Entry pilot will be automatically enrolled in the ongoing Global 
Entry program.

B. Use of Global Entry Kiosks by Participants of NEXUS and SENTRI

    In another Federal Register notice published on December 29, 2010 
(75 FR 82204), CBP expanded the NEXUS and Secure Electronic Network for 
Travelers Rapid Inspection (SENTRI) trusted

[[Page 5682]]

traveler programs to allow participants of those programs use of the 
Global Entry kiosks. This rule does not change that. After 
implementation of this rule, participants in NEXUS and SENTRI will 
still be allowed to use the Global Entry kiosks.
    Below is a table outlining when various provisions of the rule were 
introduced into the program:

----------------------------------------------------------------------------------------------------------------
                                              Date                     Action            Federal  Register  cite
----------------------------------------------------------------------------------------------------------------
Initial Pilot Program..............  April 11, 2008........  Establish the               73 FR 19861.
                                                              International Registered
                                                              Traveler pilot at three
                                                              airports.
                                     May 27, 2008..........  Change the name to Global   73 FR 30416.
                                                              Entry Pilot.
                                     August 13, 2008.......  Expand pilot to four        73 FR 47204.
                                                              additional airports.
                                     April 23, 2009........  Expand pilot to certain     74 FR 18586.
                                                              citizens of the
                                                              Netherlands.
                                     August 10, 2009.......  Expand pilot to thirteen    74 FR 39965.
                                                              additional airports.
                                     December 29, 2010.....  Expand pilot to included    75 FR 82200.
                                                              qualified Mexican
                                                              nationals.
NPRM...............................  November 19, 2009.....  Proposal to establish       74 FR 59932.
                                                              Global Entry as an
                                                              ongoing program.
Final Rule.........................  ......................  Establishment of Global     .......................
                                                              Entry.
----------------------------------------------------------------------------------------------------------------

II. Analysis of Comments

    CBP solicited public comments to the Global Entry NPRM and the 
individual Federal Register notices pertaining to the pilot, including 
the most recent notices involving the expansion of eligibility to 
Mexican nationals and allowing SENTRI and NEXUS members to use the 
Global Entry kiosks. This final rule addresses all comments received in 
response to the NPRM and the individual Federal Register notices.
    CBP received four comments in response to the Federal Register 
notice announcing the pilot, one comment in response to the Federal 
Register notice expanding eligibility to Mexican nationals, and ten 
comments in response to the NPRM. In total, CBP received 15 comments on 
the NPRM and three notices.
    Of the fifteen total comments, ten are favorable, two are neither 
favorable nor unfavorable, and three were unfavorable. The favorable 
comments include both positive statements regarding the program and 
suggestions of various avenues in which CBP might expand Global Entry. 
For example, two of the favorable comments recommend that Global Entry 
include a role for the private sector. The two neutral comments include 
suggestions for expansion of the program but include neither positive 
nor negative statements regarding the program itself. Only three 
comments can be categorized as generally unfavorable, in that they 
focus primarily on possible problems that might arise.
    The following section groups the comments, along with CBP's 
responses, by category.

A. Program Performance and Entry Process

    Comment: Several commenters made general comments about how the 
Global Entry pilot expedites or will expedite the entry process for 
participating travelers. One commenter stated that Global Entry is one 
of the most successful service initiatives taken by CBP in recent years 
and has the potential to significantly improve the entry process for 
returning citizens and legal residents, improve the productivity of 
CBP's gateway teams, and ease restrictions on the flow of international 
travel (through reciprocal arrangements with other countries) upon 
which our economy depends. Another commenter stated that Global Entry 
has the potential to facilitate and expedite the arrival of 
international travelers while enhancing security by allowing CBP to 
focus its inspection resources on passengers who have not been 
previously vetted. Another commenter, a frequent user of Global Entry, 
has found the pilot to be easy to use, reliable, and accessible, and a 
huge advantage in clearing customs upon re-entry into the United 
States, especially during times of peak volume.
    Only one commenter criticized any aspect of the day-to-day 
operation of the program. In an otherwise favorable comment, the 
commenter asserted that its organization has received some feedback 
from Global Entry pilot enrollees regarding sporadic problems 
experienced involving confirmation of the individual's identity at 
Global Entry kiosks and that some CBP officers did not possess the 
requisite knowledge to assist with the problems.
    Response: CBP agrees with and appreciates the favorable comments 
regarding the current benefits of the Global Entry pilot and the future 
benefits of the Global Entry program, which include the expedited 
processing of low- risk international travelers.
    The Global Entry pilot is operating successfully. As of June 6, 
2011, over 198,000 applications were filed and over 148,000 
participants were enrolled. The automated kiosks are working smoothly 
with no current major technical issues or problems. The kiosks have 
been used over 1,014,000 times. The increased volume of traffic to the 
kiosks by proven low-risk travelers allows CBP officers more time and 
resources to address higher risk security concerns. CBP is approving 
applications for participation more quickly than was initially 
expected. The average approval time for each application has been less 
than one week--better than the initial estimates of ten to fourteen 
days.
    DHS has conducted an analysis of wait times for Global Entry pilot 
participants 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. It further demonstrates that participation in 
Global Entry reduces the variability of wait times. Less than one 
percent of Global Entry passengers wait longer than twenty minutes 
while approximately ten percent of all U.S. citizens and U.S. Lawful 
Permanent Residents (LPR) wait longer than twenty minutes. The analysis 
shows that Global Entry participation varies by airports, airlines, and 
the region from which the flight originates.
    Regarding the comment concerning sporadic operational problems at 
kiosks, CBP is continuously sending guidance to its field personnel 
regarding operational issues. CBP incorporates the comments, 
complaints, and inquiries regarding the program that it receives from 
the public into this guidance to improve operations. When a pilot 
participant is unable to successfully use the kiosk, CBP's backend 
Information Technology (IT) system automatically generates and sends an 
email to that participant. The email invites the participant to provide 
feedback and the details of his or her experience. CBP

[[Page 5683]]

reviews this input and, whenever possible, responds to the participant 
with information about why the difficulty has occurred. CBP then uses 
this information to make operational improvements.
    Regarding the part of one comment about some CBP officers not 
having the requisite knowledge to provide assistance to Global Entry 
participants, CBP is committed to the ongoing training and education of 
its personnel. As the pilot has expanded, CBP officers have become 
increasingly familiar with the procedures for processing Global Entry 
participants, which has, based on informal feedback received by CBP, 
led to improved participant satisfaction.

B. Marketing of Global Entry

    Comment: CBP received two comments suggesting that CBP should 
expand marketing and outreach for the program and include airports, 
airlines, and other entities in its outreach plans.
    Response: CBP agrees that the marketing of Global Entry should be 
expanded, and CBP has begun that process. CBP has been engaged in 
public outreach to promote the Global Entry program and has started an 
extensive marketing campaign to increase Global Entry enrollment. CBP 
has enlisted the services of a marketing firm to assist in developing a 
marketing strategy. The firm has created a new Global Entry logo and 
tag line (``Trusted Traveler Network''). The marketing firm has also 
redesigned Global Entry brochures and is working with CBP to improve 
the layout of the program's Web site. CBP will increase public outreach 
efforts by placing advertisements in prominent and travel-related 
publications. The advertisements will outline the program's purpose, 
requirements, and benefits.
    During the operation of the pilot, CBP has worked with airlines, 
airport operators, and other private sector companies and organizations 
to perform public outreach and will continue to do so. Promotion of 
Global Entry involves the use of various methods, such as 
advertisements, informational videos, and brochures, to increase 
awareness of the program and to encourage people to apply to join the 
program. One major airline published a Global Entry advertisement in 
its in-flight magazine. A major airport authority printed its own signs 
for Global Entry and strategically placed them throughout the airport. 
In addition, CBP has worked with the private sector by coordinating on-
site enrollment events for various companies and trade shows.

C. Expansion of Global Entry

    Comment: Many of the commenters would like CBP to expand Global 
Entry. Several commenters praise CBP's efforts thus far to expand 
Global Entry participation through arrangements with foreign countries. 
Two commenters would like CBP to expand the program to more airports. 
One commenter stated that CBP should expand the program to include 
``private aircraft used for recreation purposes'' similar to the 
current I-68 program for recreational boaters. Another commenter would 
like CBP to expand the program to include domestic flights. One 
commenter sets forth many ideas as to how the Global Entry program 
might be expanded and integrated with other programs, including 
expansion of eligibility to Mexican nationals. That commenter also 
welcomed CBP's ongoing efforts to expand Global Entry participation to 
qualified individuals from foreign countries. One commenter would like 
CBP to expand the program to include travelers from the United Kingdom. 
Another commenter would like CBP to expand Global Entry to include 
children under 14 so that families can take advantage of the program. 
Finally, the one commenter that responded to the notice announcing the 
expansion to Mexican nationals states that the expansion would be ``too 
risky'' and that ``the addition would increase the risk greater than 
the benefit'' but does not explain what risks are being referenced or 
offer any basis for the statements.
    Response: CBP agrees with the majority of the commenters that the 
Global Entry pilot should be expanded.
    While the Global Entry program will initially be limited to the 
twenty airports that comprised the Global Entry pilot, CBP intends to 
expand the Global Entry program to additional airports. When CBP is 
ready to expand to additional airports and has selected the airport or 
airports for expansion, this information will be announced to the 
public by Federal Register notice and on the Web site, 
www.globalentry.gov. In addition, once the final rule is published, CBP 
intends to expand the Global Entry program by adding more kiosks at 
airports where the Global Entry pilot is currently operational (subject 
to the availability of funds). This will accommodate new Global Entry 
participants as enrollment increases.
    CBP is also open to the suggestion of making Global Entry available 
to passengers and crew on private (recreational) aircraft who are 
Global Entry participants. In fact, CBP has already installed a kiosk 
at one private aircraft terminal as part of the Global Entry pilot. A 
kiosk is currently operational at the General Aviation Facility (GAF) 
at the Ft. Lauderdale Hollywood International Airport. Pilot 
participants who are passengers or crew on private aircraft at Ft. 
Lauderdale Hollywood International Airport, and arrive at the GAF 
private aircraft terminal, can use the Global Entry kiosk operating at 
that terminal. CBP decided to make Global Entry available to private 
aircraft at the GAF at the Ft. Lauderdale Hollywood International 
Airport due to the large number of private aircraft, mostly 
recreational, that utilize that airport and terminal. The availability 
of the Global Entry program will continue at the Ft. Lauderdale 
Hollywood International Airport after the Global Entry pilot becomes an 
ongoing program under this final rule. As Global Entry progresses, CBP 
will determine whether it is feasible to expand the program to 
additional private aircraft locations. It should be noted that private 
aircraft must comply with all applicable reporting and inspection 
processes.
    Regarding the comments asking CBP to expand Global Entry to persons 
from other countries, this final rule contains a provision to permit 
certain nonimmigrant aliens to participate in the program. Under the 
final rule, the government of a foreign country must enter into and 
operationalize a joint arrangement with CBP concerning the expedited 
entry of air travelers in order for travelers from that country to 
apply for and, if found eligible, participate in Global Entry. The 
final rule provides that CBP will announce such arrangements by 
publication in the Federal Register. Additionally, under these 
arrangements, active members of Global Entry may be eligible to apply 
for membership in the other foreign government's trusted traveler 
program. Where consistent with U.S. security requirements, CBP has 
worked, and will continue to work, with interested countries that 
operate comparable international trusted traveler programs, or have 
plans to operate such programs, to enter into arrangements for the 
purposes of expanding eligibility for Global Entry and making U.S. 
citizens eligible to join those countries' trusted traveler programs.
    For example, under the Global Entry pilot, 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.

[[Page 5684]]

Several commenters specifically applauded the arrangement with the 
Netherlands. This arrangement will continue under the Global Entry 
program. As with all other participants in the Global Entry pilot, 
currently participating citizens from the Netherlands will be 
automatically enrolled in Global Entry when Global Entry becomes an 
ongoing program.
    CBP has also allowed Canadian and Mexican members of SENTRI and 
NEXUS to use Global Entry kiosks at pilot Ports of Entry. CBP will 
continue to allow SENTRI and NEXUS members to use this service when 
Global Entry becomes an ongoing program.
    Recently, CBP has further expanded eligibility for joining the 
Global Entry pilot to include qualified Mexican nationals who otherwise 
satisfy the requirements for participation in the pilot. Mexican 
nationals may only utilize the Global Entry kiosks upon successful 
completion of a thorough risk assessment by CBP and the Mexican 
Government. Currently participating Mexican nationals will be 
automatically enrolled in Global Entry when Global Entry becomes an 
ongoing program.
    CBP does not agree with the commenter who indicated that the 
expansion of Global Entry pilot to Mexican nationals is too risky. As 
noted above, Mexican nationals may only use the Global Entry kiosks 
upon successful completion of a thorough risk assessment by CBP and the 
Mexican Government. Moreover, no applicant is accepted for 
participation in Global Entry if CBP determines that the individual 
presents a potential risk for terrorism, criminality (such as 
smuggling) or if CBP cannot otherwise sufficiently determine that the 
applicant meets all the program eligibility criteria. CBP vets 
participants in Global Entry on a recurring basis and can suspend or 
terminate membership if derogatory information arises about an enrollee 
that makes him or her no longer eligible. In addition, if circumstances 
indicate that a country cannot meet its vetting or other obligations 
under its arrangement with CBP, CBP can modify, suspend, or discontinue 
the joint arrangement if necessary based on the arrangement's 
particular terms.
    CBP will announce any further expansions of the Global Entry 
program (including adding airports, extending eligibility to additional 
populations, or expanding reciprocal eligibility for U.S. citizens to 
foreign governments' trusted traveler programs), as well as any 
retractions (i.e., cancellations of such arrangements) by publication 
of a notice in the Federal Register.
    CBP does not agree, at this time, with the commenter who suggested 
that Global Entry should be expanded to include domestic flights. 
Global Entry is designed to allow expedited screening and processing of 
pre-approved, low-risk international air travelers into the United 
States. CBP, in coordination with the Transportation Security 
Administration (TSA) and other stakeholders, remains open to developing 
proposals to apply the trusted traveler concept to domestic commercial 
aviation security.
    With regard to the age limit, CBP has reconsidered and agrees that 
it would be beneficial to expand Global Entry to allow children under 
the age of 14 to participate, as this would allow more families to 
enjoy the benefits of the program. Persons under the age of 18 who meet 
the general eligibility criteria and have the consent of a parent or 
legal guardian will be eligible to participate in Global Entry. As is 
the case for all applicants, CBP must be able to conduct the requisite 
vetting of the applicant, including collection of the required 
fingerprints needed to conduct the biometric based background checks 
and participate in an interview at an enrollment center.

D. Costs

    Comment: One commenter would like CBP to minimize the costs to 
airports and airlines.
    Response: The infrastructure and daily operation costs of the 
Global Entry program are the responsibility of CBP. These costs have 
been, and will continue to be, funded by user fees. There are no direct 
costs to the airlines or airports. In fact, airport authorities and 
airlines benefit from their customers enrolled in Global Entry 
receiving an enhanced travel experience. Airlines also benefit from the 
expedited processing of their crew members who enroll in the program.

E. Program Integrity

    Comment: One commenter states that the Global Entry program may be 
vulnerable to forged documents, although no arguments are provided to 
support this comment.
    Response: CBP disagrees with this comment. The Global Entry program 
includes many protections against forgery and fraud. Global Entry 
applications are submitted online and go directly to a central CBP 
vetting center. Then, if conditionally approved, the application moves 
forward to the enrollment center, where CBP addresses, among other 
things, any unresolved issues or potential derogatory information 
regarding the applicant. During the enrollment center interview, all of 
the information provided by an applicant is verified. An applicant's 
travel documents are physically examined by CBP officers to validate 
authenticity and identity. CBP can also validate documents against the 
Department of State and U.S. Citizenship and Immigration Services 
databases. The interconnectivity and automated nature of these 
processes result in operational efficiencies and a high-level of 
security surrounding personal information.

F. Private Sector Involvement

    Comment: Two commenters suggested that CBP should ensure that there 
is adequate private sector involvement in the operation of Global 
Entry. They maintain that certain functions, such as enrollment, 
marketing, and customer service could be performed by the private 
sector.
    Response: CBP considers many functions of Global Entry to be 
governmental due to privacy concerns and issues of national security. 
For example, as part of the enrollment process, CBP officers must 
review the citizenship or immigration status of Global Entry applicants 
to make sure that they are admissible under the complex admissibility 
requirements under the INA. Global Entry has successfully demonstrated 
the efficiencies of its current process in the pilot phase. The fact 
that applicants can deal directly with the government allows CBP to 
keep the Global Entry fee low.
    As noted elsewhere in this document, CBP is currently working with, 
and will be increasing our collaboration with, several private entities 
in the marketing of Global Entry, including airlines, hotels, travel 
and tourism companies, national business travelers groups, major 
companies, airports, and marketing firms.

G. Global Entry Equipment

    Comment: One commenter stated that ``industry standards'' should be 
utilized when operating a ``self-service terminal environment'' and 
attached to the comment a document said to describe these standards. 
The document attached to the comment pertained to Automated Teller 
Machines. This commenter states that CBP must be able to remotely 
support the terminals and to know when those terminals are available or 
are having component problems.
    Response: CBP has operating procedures in place that are 
appropriate to the kiosks used in the Global Entry program. Under these 
procedures, when a kiosk (or terminal) encounters a

[[Page 5685]]

problem or is not operational, the IT system automatically notifies CBP 
personnel to troubleshoot the problem. These protocols allow CBP to 
make modifications to individual terminals without disrupting the 
entire network.

H. Privacy

    One commenter addresses several privacy concerns that the commenter 
perceives to exist in the Global Entry Program and the Global 
Enrollment System (GES) that supports Global Entry and other CBP 
trusted traveler programs. We address these comments in turn:
    Comment: The commenter states that the Global Entry Program 
contravenes the intent of the Privacy Act (5 U.S.C. 552a) through CBP's 
assertion of the exemptions found at sections (j)(2) and (k)(2) of the 
Privacy Act for information retained in the GES. (Section (j)(2) allows 
the head of any agency to exempt from certain sections of the Privacy 
Act any system of records that is maintained by an agency or component 
with a principal function of law enforcement; section (k)(2) allows an 
agency head, to a limited extent, to exempt from certain sections of 
the Privacy Act investigatory material compiled for law enforcement 
purposes.)
    Response: CBP disagrees with this comment. Exempt information in 
GES is limited to information derived from law enforcement databases or 
investigative files. The exemption statement for the GES System of 
Records Notice clearly states that no exemption will be claimed for 
information obtained from an application or otherwise submitted by an 
applicant.
    The exemptions found at (j)(2) and (k)(2) are asserted to protect 
information compiled from background checks performed to assist CBP in 
determining whether to approve a trusted traveler application. The 
purpose of a decision to approve an applicant for a trusted traveler 
program, including Global Entry, is to allow for expedited clearance 
(i.e., to permit pre-approved, low risk travelers to obtain admission 
to the United States more quickly) in circumstances where the person 
seeking admission has volunteered and met the program's eligibility 
requirements. CBP, consistent with its border security and trade 
facilitation missions, performs a law enforcement background check 
prior to making a decision to approve or deny a trusted traveler 
application. These background checks include information obtained from 
law enforcement databases and investigative files and may contain 
information relating to criminal or civil violations. Consistent with 
the Privacy Act, CBP asserts these exemptions on a case- by-case basis 
where access to a responsive record is sought.
    Comment: The commenter states that the Global Entry applicant is 
afforded only limited Privacy Act protections as the exemptions for GES 
create the potential for CBP to ``use the information with little 
accountability.''
    Response: CBP disagrees with this comment. Exempt information in 
GES is limited to information derived from law enforcement databases or 
investigative files. Each request for access to exempt information will 
be reviewed on a case-by-case basis. After conferring with the 
appropriate component or agency, CBP may waive applicable exemptions in 
circumstances where it would not interfere with or adversely affect the 
law enforcement purposes of the systems from which the information is 
either recompiled or contained. Information submitted by or on behalf 
of the applicant as part of her or his application may be sought 
pursuant to the Privacy Act or Freedom of Information Act.
    Additionally, the applicant may seek redress through the several 
avenues provided in the Global Entry program including at the 
enrollment center where that individual's interview was conducted, the 
DHS Traveler Redress Inquiry Program (DHS TRIP), or the CBP Trusted 
Traveler Ombudsman to address concerns or agency actions to which they 
attribute CBP reliance upon information that they believe to be 
erroneous or to have an inappropriately derogatory affect upon CBP's 
decision concerning their participation in the program.
    Comment: The commenter states that the Global Entry program creates 
a significant security risk as the applicant's personally identifiable 
information (PII), including biometric data and employment history, in 
GES may be disclosed to any government agency beyond the ``routine 
use'' provisions of the Privacy Act.
    Response: CBP disagrees with this comment. CBP abides by the 
requirements of the Privacy Act in determining whether to share 
information derived from GES, pursuant to a routine use. CBP takes 
reasonable measures to ensure that information that is shared 
consistent with its authority is appropriately protected. Before any 
information is disclosed, CBP considers whether the disclosure and use 
of the data are consistent with the purpose for collection and are 
consistent with the terms of a statutory or published routine use.
    Comment: The commenter states that CBP failed to publish a Privacy 
Impact Assessment (PIA) for Global Entry.
    Response: CBP disagrees with this comment. Global Entry, as a 
trusted traveler program, is included and covered by the PIA for the 
GES published on April 20, 2006. While the GES PIA refers to Global 
Entry under its former name (USPASS/International Registered Traveler 
(IRT)), the particulars of the program, its collection of information, 
the system in which it maintains that information, and the uses to be 
made of the information, are described within that document.
    Comment: The commenter states that the lessons learned from a 
previous Government agency-operated registered traveler program weigh 
against the establishment of the Global Entry program.
    Response: CBP disagrees with this comment. The comment refers to a 
registered traveler concept that the Government originally tested but 
was later transferred to the private sector. In certain cases, the 
private entities that captured and maintained biographic and biometric 
data allegedly failed to secure PII in their own databases that were 
not connected to, and did not interact with, Government systems. In 
contrast, the Global Entry program has sufficient systems and 
safeguards in place to ensure the security and privacy of the 
individuals' records. CBP and its predecessor agencies, the Immigration 
and Naturalization Service and the United States Customs Service, have 
many years experience successfully operating and protecting PII for 
trusted traveler programs such as NEXUS, SENTRI, and FAST.

III. Conclusion

    After consideration of the comments received, and based on the 
success of the Global Entry pilot, CBP has determined that Global Entry 
should be established as an ongoing program. The Global Entry program, 
like the Global Entry pilot, will facilitate the movement of pre-
approved, low-risk air travelers arriving in the United States. The 
Global Entry program will provide an expedited inspection and 
examination process for pre-approved, low-risk air travelers by 
allowing them to proceed directly to automated Global Entry kiosks upon 
their arrival in the United States at Global Entry-equipped Ports of 
Entry. This ongoing Global Entry program, along with the other trusted 
traveler programs that CBP operates, is consistent with CBP's strategic 
goal of facilitating legitimate travel while securing the homeland.

[[Page 5686]]

    Accordingly, this final rule adopts, with the changes described in 
Section III B, the ongoing Global Entry program as proposed in the 
NPRM. Current participants in the Global Entry pilot, including those 
citizens of the Netherlands and Mexican nationals who participate 
through joint arrangements with those countries, will be automatically 
enrolled in the Global Entry program for five years from the date of 
their initial enrollment in the pilot. Participation in Global Entry 
will remain voluntary and subject to the enrollee continuing to satisfy 
the program's entry requirements. The existing Global Entry pilot will 
continue to operate until the effective date of this final rule.

A. Summary of Requirements Under the Final Rule

1. Participating Airports
    CBP anticipates that the Global Entry program eventually will be 
expanded to operate at most major international airport locations 
within the United States. The program, however, initially will be 
limited to the twenty airports that have participated in the Global 
Entry pilot. The airports chosen for Global Entry are those facilities 
which typically experience the largest numbers of travelers arriving 
from outside of the United States.
    The Global Entry pilot currently operates at the following twenty 
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); 
Miami International Airport, Miami, Florida (MIA); Newark Liberty 
International Airport, Newark, New Jersey (EWR); San Francisco 
International Airport, San Francisco, California (SFO); Orlando 
International Airport, Orlando, Florida (MCO); Detroit Metropolitan 
Wayne County Airport, Romulus, Michigan (DTW); Dallas Fort Worth 
International Airport, Dallas, Texas (DFW); Honolulu International 
Airport, Honolulu, Hawaii (HNL); Boston--Logan International Airport, 
Boston, Massachusetts (BOS); Las Vegas--McCarran International Airport, 
Las Vegas, Nevada (LAS); Sanford--Orlando International Airport, 
Sanford, Florida (SFB); Seattle--Tacoma International Airport-SEATAC, 
Seattle, Washington (SEA); Philadelphia International Airport, 
Philadelphia, Pennsylvania (PHL); San Juan--Luis Munos Marin 
International Airport, San Juan, Puerto Rico (SJU); and Ft. Lauderdale 
Hollywood International Airport, Fort Lauderdale, Florida (FLL). A 
Global Entry kiosk is also available at the private aircraft terminal, 
General Aviation Facility (GAF), at Fort Lauderdale Hollywood 
International Airport. This final rule serves notice that, upon the 
effective date of the Global Entry program, the program will continue 
to operate at these same 20 airports and at the private aircraft 
terminal, GAF, at Fort Lauderdale Hollywood International Airport.
    CBP will announce expansions to new airports in a Federal Register 
notice and on the Web site www.globalentry.gov, just as CBP has 
announced them for the pilot. An updated list of all the airports at 
which Global Entry is operational will be available at 
www.globalentry.gov.
2. Global Entry Eligibility for Qualified Citizens of the Netherlands
    The United States has entered into an arrangement with the 
Netherlands concerning Global Entry. Pursuant to this arrangement, 
qualified citizens of the Netherlands who participate in Privium, an 
expedited travel program in the Netherlands, may apply for 
participation in the Global Entry program. Applicants who are citizens 
of the Netherlands will be required to complete the Global Entry on-
line application, pay the non-refundable $100 applicant processing fee, 
and satisfy all the requirements of the Global Entry program. Based on 
the terms of the existing arrangement with the Government of the 
Netherlands, these citizens will be permitted to participate in Global 
Entry only upon successful completion of a thorough risk assessment by 
both CBP and the Government of the Netherlands.
    CBP is currently accepting applications from eligible citizens of 
the Netherlands for the Global Entry pilot and will continue to accept 
such applications as Global Entry becomes an ongoing program. This 
final rule also serves notice that, upon its implementation, citizens 
of the Netherlands who are existing participants in the Global Entry 
pilot will be automatically enrolled in the Global Entry program. The 
time period of their enrollment will be five years beginning from the 
date of their enrollment in the pilot.
    The Netherlands is also a participant in the Visa Waiver Program 
(VWP). The VWP enables citizens and nationals from participating 
countries to travel to and enter the United States for business or 
pleasure purposes for up to 90 days without obtaining a visa. VWP 
travelers are required to obtain a travel authorization via the 
Electronic System for Travel Authorization (ESTA) prior to traveling to 
the United States under the VWP. ESTA is accessible online at https://esta.cbp.dhs.gov. The ESTA requirements will continue to be applicable 
to Global Entry applicants who are VWP travelers. Global Entry 
applicants from the Netherlands who wish to travel to the United States 
under the VWP must have an approved ESTA when applying for Global 
Entry. CBP will explore ways to integrate the ESTA process with the 
Global Entry application process.
 3. U.S. Citizen Eligibility in Privium
    Pursuant to the arrangement with the Government of the Netherlands, 
U.S. citizens who participate in Global Entry will have the option to 
also apply to join Privium. Privium is an automated border passage 
system in the Netherlands that provides expedited entry and exit at 
Amsterdam Airport Schiphol. It uses iris scans to provide quick and 
secure biometric confirmation of a traveler's identity. Enrollment 
includes an eligibility assessment by the Dutch border police. Upon a 
positive determination of eligibility, pictures of each iris are taken 
and stored on a personalized smart card. Upon entry and exit, Privium 
members place their Privium smart card into a reader and a passport 
validity check is performed with the Dutch authorities and valid 
membership is verified. The individual's iris information is then 
compared against the iris information stored on the card. This border 
passage process takes approximately twelve seconds.
    Additional fees and information sharing beyond CBP's Global Entry 
requirements are needed for U.S. citizens who wish to participate in 
Privium through Global Entry. If approved, U.S. citizens would be able 
to take advantage of expedited travel into, and out of, the Netherlands 
at Amsterdam Airport Schiphol. More information about how to apply for 
Privium membership is available at www.globalentry.gov.
4. Global Entry Eligibility for Qualified Mexican Nationals
    DHS, through CBP, has issued a Joint Declaration with the 
Secretariat of Governance of the United Mexican States, through the 
National Migration Institute, concerning Global Entry. Pursuant to this 
Joint Declaration, qualified Mexican nationals may apply

[[Page 5687]]

to join the Global Entry program. Mexican nationals will be required to 
complete the on-line application, pay the non-refundable $100 per 
person applicant processing fee, and satisfy all the requirements of 
the Global Entry program. Based on the terms of the Joint Declaration, 
Mexican nationals will be permitted to use the Global Entry kiosks only 
upon successful completion of a thorough risk assessment by both CBP 
and the Mexican Government.
    CBP is currently accepting applications from eligible Mexican 
nationals for the Global Entry pilot and will continue to accept such 
applications as Global Entry becomes an ongoing program. This final 
rule serves notice that upon its implementation, Mexican nationals who 
are existing participants in the Global Entry pilot will be 
automatically enrolled in the ongoing Global Entry program. The time 
period of their enrollment will be five years, beginning from the date 
of their enrollment in the pilot.
5. U.S. Citizen Eligibility in Mexico Trusted Traveler Program
    DHS, through CBP, has issued a Joint Declaration with the 
Secretariat of Governance of the United Mexican States, through the 
National Migration Institute, concerning Global Entry. Pursuant to this 
Joint Declaration, U.S. citizens who participate in the Global Entry 
program will have the option to apply for participation in Mexico's 
trusted traveler program, once such a program is developed.
6. Global Entry Privileges for NEXUS and SENTRI Trusted Traveler 
Programs
    Members in good standing of NEXUS and SENTRI are permitted to use 
Global Entry kiosks as part of their NEXUS or SENTRI membership. NEXUS 
is a program jointly administered by the United States and Canada that 
allows certain pre-approved, low-risk travelers expedited processing 
for travel between the United States and Canada. The SENTRI trusted 
traveler program allows certain pre-approved, low-risk travelers 
expedited entry at specified land border ports along the U.S.-Mexico 
border.
7. Expansion of Global Entry to Qualified Individuals From Other 
Countries
    Expansion of the Global Entry Program achieved through arrangements 
with other countries will be announced by publication of a notice in 
the Federal Register and on the Web site www.globalentry.gov. If any 
arrangements with other countries under the pilot are announced in the 
Federal Register before this rule becomes effective, those arrangements 
will continue after this rule becomes effective. CBP may modify, 
suspend, or discontinue arrangements made with other countries for 
participation in Global Entry without prior notice to the public, but 
will announce such actions, as soon as practicable, by publication of a 
notice in the Federal Register and on the Web site www.globalentry.gov.

B. Changes From the NPRM

    Based on experiences with the Global Entry pilot and comments from 
the public, CBP has made the following minor changes from the proposed 
regulations in order to provide CBP with optimal flexibility in future 
operations of Global Entry and to allow for the integration of new 
technologies:
    Proposed section 235.7a is designated in the final rule as section 
235.12. Proposed section 235.7a (b) (``Definitions'') is removed. We 
have determined that the definitions are unnecessary as the terms that 
were defined (nonimmigrant alien, U.S. citizen, U.S. lawful permanent 
resident, and U.S. national) are understood to have the same meaning 
that they have throughout Title 8 of the Code of Federal Regulations (8 
CFR) and as defined and/or described by statute in 8 U.S.C. 1101. 
Should any of these definitions be changed by statute or regulation, 
conforming changes to the Global Entry regulations would not be 
required. The letter designations of the remaining sections are changed 
accordingly.
    At new section 235.12(b)(1)(ii), regarding eligible individuals 
from countries that have entered into arrangements with CBP, we have 
deleted the word ``reciprocal.'' Although individuals belonging to the 
Global Entry program and a similar program operated by a country with 
which CBP has entered such an arrangement will receive some 
``reciprocal'' benefits from both countries, the memberships will not 
be completely reciprocal since each country must separately approve 
applicants. Therefore, an applicant could be accepted into one 
country's program but not that of the other country participating in 
the arrangement. The specific arrangements and the terms and conditions 
of arrangements will vary and will be announced in the Federal 
Register.
    At new section 235.12(b)(1)(iii), regarding eligibility criteria, 
all references to the age limit of 14 are removed. This change will 
allow more families to enjoy the benefits of the program. Persons under 
the age of 18 who meet the general eligibility criteria and have the 
consent of a parent or legal guardian will be eligible to participate 
in Global Entry.
    At new sections 235.12(b)(1) and 235.12(f), regarding program 
eligibility criteria and the required travel documents for Global Entry 
participants, we have added the words ``or other appropriate travel 
document as determined by CBP.'' These two sections designate the types 
of ``machine-readable'' documents that Global Entry participants will 
need for participation in Global Entry to enable the participant to use 
the kiosk. Due to rapidly changing technologies, it is possible that 
alternative documents would be appropriate for this purpose. This 
change will allow for such future development.
    At new section 235.12(d) regarding program application, we are 
revising the language to allow for possible new technologies (changes 
in software). Specifically, we are removing references to the Global 
On-line Enrollment System (GOES) as the described method of applying 
for Global Entry. Although CBP currently uses GOES to process Global 
Entry applications, the removal of the specific reference to GOES would 
allow for future process or system changes.
    At the new section 235.12(d)(3), we added a sentence to clarify 
that every applicant accepted into Global Entry is accepted for a 
period of 5 years provided participation is not suspended or terminated 
by CBP prior to the end of the 5-year period. In order to provide 
greater flexibility for the public in the renewal process, we have 
increased the time period in which the public may apply to renew 
participation from up to 90 days before expiration to up to one year 
before expiration. In addition, for consistency with other sections, we 
have changed ``membership period'' to ``participation period''.
    At new section 235.12(e), regarding interview and enrollment, we 
have removed the language indicating that the applicant will schedule 
his or her interview through their GOES account and will be notified of 
his or her acceptance or denial also through the GOES account. This 
will provide CBP with flexibility in developing alternative or 
different procedures to accomplish these tasks in the future. 
Presently, applicants will schedule their interviews and receive 
notification of acceptance or denial through their GOES account. These 
procedures will continue until such time that CBP develops alternate 
methods to accomplish these tasks.

[[Page 5688]]

IV. Statutory and Regulatory Requirements

A. Section 508 of the Rehabilitation Act of 1973

    Section 508 of the Rehabilitation Act of 1973 requires federal 
departments and agencies to ensure that the information and 
communication technology (ICT) that they procure, develop, maintain, or 
use is accessible to participants with disabilities. Participants in 
Global Entry will use an automated kiosk to expedite their admission to 
the United States. The Global Entry kiosks have been designed to meet 
all applicable Section 508, Subpart B Technical Standards: section 
1194.25 standards for Self-Contained Closed Products. These specific 
Section 508 standards apply to self-contained, closed products, such as 
automated kiosks, and require that the access features of the kiosk be 
built into the system so users do not have to attach an assistive 
device. Additional specifications address mechanisms for private 
listening such as a headset or a standard headphone jack, touchscreens, 
auditory output, adjustable volume controls and requirements that the 
location of the kiosk controls is in accessible reach ranges. The 
Global Entry automated kiosks are Section 508-compliant.\1\ Global 
Entry participants must provide fingerprint biometrics at the time of 
the personal interview and again at the kiosk at the airport. CBP has 
also made the kiosks and the Global Entry program accessible to 
participants with disabilities related to the collection of biometrics. 
If an applicant is missing a digit(s), the CBP officer will make the 
proper annotation in the system to allow such an individual to use the 
Global Entry kiosk.
---------------------------------------------------------------------------

    \1\ Department of Homeland Security, Office of Accessible 
Systems and Technology conducted two reviews, in 2007 and 2008, 
demonstrating such compliance. The automated kiosks have not changed 
since that time.
---------------------------------------------------------------------------

B. Executive Order 12866 and Executive Order 13563

    This rule is not an ``economically significant'' rulemaking action 
under Executive Order 12866, as supplemented by Executive Order 13563, 
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 rule has been reviewed by 
the Office of Management and Budget.
    Global Entry is a voluntary program that speeds the CBP processing 
time for participating air travelers by more than 70%. 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.
    CBP estimates that over a 5-year period Global Entry will process 
approximately 500,000 enrollees, equating to an annual average of 
100,000 individuals. Note that this estimate is twice the number of 
individuals estimated in the NPRM. Since publication of the NPRM, CBP 
has embarked on a wide outreach campaign to inform the public about the 
program. The Global Entry program has thus been well advertised and 
well received by the traveling public, and enrollment numbers have 
increased far beyond original expectations. To account for this 
success, CBP now estimates an annual average of 100,000 individuals. 
CBP will charge a fee of $100 per applicant and estimates that each 
application will require 40 minutes (0.67 hours) of the potential 
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 1 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, many applicants have coordinated their trip to 
an enrollment center with their travel at the airport. We have used 1 
hour of travel time so as not to underestimate potential opportunity 
costs for enrolling in the program. We use a value of $44.30 for the 
opportunity cost for this time, which is taken from the Department of 
Transportation's Revised Departmental Guidance on Valuation of Travel 
Time in Economic Analysis (September 28, 2011. See Table 4. Available 
at http://www.faa.gov/regulations_policies/policy_guidance/benefit_cost, accessed November 1, 2011). This value is the weighted average 
for U.S. business and leisure travelers.
    Using these values, we estimate that the cost per enrollee is 
$173.98 ($44.30 per hour x 1.67 hours + $100 enrollment fee). If there 
are 100,000 enrollees annually, this cost will be $17.4 million per 
year. Over 5 years, the total costs to enrollees will be approximately 
$76 million at a 7 percent discount rate ($82 million at a 3 percent 
discount rate).
    As noted previously, Global Entry will allow for expedited 
processing for those travelers enrolled in the program. Based on an 
analysis from a year-long study (June 2008 to June 2009), DHS estimates 
enrollees could save more than 70% in processing time with an average 
savings of 7.6 minutes per trip (standard deviation of 3.8 minutes). In 
addition, more than 50 percent of Global Entry passengers were admitted 
into the United States in one minute or less and 82 percent were 
admitted into the United States in less than five minutes; (see U.S. 
Department of Homeland Security Customs and Border Protection and U.S. 
Department of Homeland Security, Office of Policy. March 2010. ``Global 
Entry Twelve Month Pilot Review: From June 6, 2008 to June 6, 2009.'' 
Page 4. This document is available for review in the public docket for 
this rulemaking). Monetizing time savings is difficult; entry 
processing times vary widely among airports and times of day (note the 
large standard deviation above), and the number of trips that Global 
Entry 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 5 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 5 years from 
participating airports, typically experience long waits at the airports 
they use, or are averse to the perceived annoyance or inconvenience of 
standing in line for entry processing. Using the estimates presented 
above, if the annualized cost of the program is $42 (total cost of 
$173.98 amortized over 5 years at a 7 percent discount rate) and if the 
time saved per trip were 7.6 minutes (monetized savings of $5.61 per 
trip), then an average enrollee would need to make about eight trips 
annually through participating airports to consider enrollment in the 
Global Entry program worth the cost and estimated burden.
    In addition to travelers who enroll in the program, those travelers 
not enrolled in Global Entry could experience a small time-savings as 
well. If Global Entry enrollees are not standing in the regular entry 
processing lines, non-

[[Page 5689]]

enrollees could experience reduced wait times.
    Faster processing of all travelers leads to fewer missed 
connections and more satisfied customers. Because of the benefits the 
program provides, many airports and airlines have expressed to CBP 
their strong support of Global Entry. Likewise, trade associations have 
expressed their support of the program, saying that it enhances 
security while easing the flow of international commerce. Because of 
the benefits, airlines, airports, and trade associations have 
voluntarily promoted Global Entry to their customers through email, 
pamphlets, and web advertisements.
    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 passenger 
processing and avoiding time needed to process proven low-risk 
travelers. The time saved would allow CBP to focus more attention on 
higher-risk travelers, which would improve security.

C. Regulatory Flexibility Act

    This section examines the impact of the 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 governmental jurisdiction (locality with fewer 
than 50,000 people).
    CBP has considered the impact of this rule on small entities. 
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. CBP did not 
receive any comments during the public comment period regarding impacts 
to small entities. Thus, CBP certifies that this rule will not have a 
significant economic impact on a substantial number of small entities.

 D. 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 are necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

 E. Executive Order 13132

    The 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 rule does not have sufficient federalism implications 
to warrant the preparation of a federalism summary impact statement.

F. 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 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. CBP has submitted a 
revision to OMB clearance 1651-0121 to reflect the addition of the 
Global Entry Program in accordance with the Paperwork Reduction Act of 
1995 (44 U.S.C. 3507).
    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: 100,000.
    Estimated Number of Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 100,000.
    Estimated Time per Response: 1 hour and 40 minutes (1.67 hours).
    Estimate Total Annual Burden Hours: 167,000.
    The estimated total fee cost to respondents resulting from the $100 
enrollment fee for Global Entry is $10 million.

 G. Privacy

    The on-line application for Global Entry, currently known as GOES, 
collects information similar to that collected on applications for 
CBP's other trusted traveler programs (i.e., 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) for which the 
required notice was last published in the Federal Register (71 FR 
20708) on April 21, 2006. Additionally, CBP published a PIA for GES on 
April 20, 2006 that covers this program on the DHS Privacy Office Web 
site, www.dhs.gov/privacy. In addition, a PIA update addressing the on-
line functionality of the enrollment process (GOES) 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.

H. 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 information, Immigration, Privacy, 
Reporting and recordkeeping requirements, Surety bonds.

8 CFR Part 235

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

[[Page 5690]]

Amendments to Regulations

    For the reasons set forth in this document, 8 CFR parts 103 and 235 
are amended as follows:

PART 103--POWERS AND DUTIES; AVAILABILITY OF RECORDS

0
1. The authority citation for part 103 is revised to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 
1356, 1365b; 31 U.S.C. 9701; Pub. L. 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.


0
2. In Sec.  103.7, paragraph (b)(1)(ii)(M) is added to read as follows:


Sec.  103.7  Fees.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (M) Global Entry. For filing an application for Global Entry--$100.
* * * * *

PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

0
3. The authority citation for part 235 is revised to read as follows:

    Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant to 
E.O. 13323, 69 FR 241, 3 CFR, 2004 Comp., p.278), 1201, 1224, 1225, 
1226, 1228, 1365a note, 1365b, 1379, 1731-32; Title VII of Pub. L. 
110-229; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-458).


0
4. A new Sec.  235.12 is added to read as follows:


Sec.  235.12  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 expedites the movement of low-risk air 
travelers into the United States by providing an alternate 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 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) Program eligibility criteria.
    (1) Eligible individuals. The following individuals, who hold a 
valid, machine-readable passport, a valid, machine-readable U.S. Lawful 
Permanent Resident Card (Form I-551), or other appropriate travel 
document as determined by CBP, 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 (b)(2) of this section.
    (ii) Certain nonimmigrant aliens from countries that have entered 
into arrangements with CBP concerning international trusted traveler 
programs absent any of the disqualifying factors described in paragraph 
(b)(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 CBP announces the arrangement 
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 (e.g., whether only citizens of the foreign country 
or citizens and non-citizens are eligible) 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 on 
www.globalentry.gov and by publication of a notice in the Federal 
Register.
    (iii) Persons under the age of 18 who meet the eligibility criteria 
of paragraph (b)(1)(i) or (ii) of this section must have the consent of 
a parent or legal guardian to participate in Global Entry and provide 
proof of such consent in accordance with CBP instructions.
    (2) Disqualifying factors. An individual is ineligible to 
participate in Global Entry if CBP, at its sole discretion, determines 
that the individual presents a potential risk for terrorism, 
criminality (such as 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. Reasons why an applicant may not qualify for 
participation include:
    (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 in any country;
    (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 in any country;
    (v) The applicant is inadmissible to the United States under 
applicable immigration laws or has, at any time, been granted a waiver 
of inadmissibility or parole;
    (vi) The applicant is known or suspected of being or having been 
engaged in conduct constituting, in preparation for, in aid of, or 
related to terrorism; or
    (vii) The applicant cannot satisfy CBP of his or her low-risk 
status or meet other program requirements.
    (c) Participating airports. The Global Entry program allows 
participants expedited entry into the United States at the locations 
identified at www.globalentry.gov. Expansions of the Global Entry 
program to new airports will be announced by publication in the Federal 
Register and at www.globalentry.gov.
    (d) Program application.
    (1) Each applicant must complete and submit the program application 
electronically through an approved application process as determined by 
CBP. The application and application instructions for the Global Entry 
program are available at www.globalentry.gov.
    (2) Each applicant must pay a non-refundable fee in the amount set 
forth at 8 CFR 103.7(b)(1)(ii)(M) for ``Global Entry'' at the time of 
application. The fee is to be paid to CBP at the time of application 
through the Federal Government's on-line payment system, Pay.gov or 
other CBP-approved process.
    (3) Every applicant accepted into Global Entry is accepted for a 
period of 5 years provided participation is not suspended or terminated 
by CBP prior to the end of the 5-year period. Each applicant may apply 
to renew participation up to one year prior to the close of the 
participation period.
    (4) Each applicant may check the status of his or her application 
through his or her account with the application system in use for 
Global Entry.
    (e) 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.
    (2) Each applicant must bring to the interview with CBP the 
original of the identification document specified in his or her 
application. During the interview, CBP will collect biometric 
information from the applicant (e.g., a set of ten fingerprints and/or 
digital photograph)

[[Page 5691]]

to conduct background checks or as otherwise required for participation 
in the program.
    (3) CBP may provide for alternative enrollment procedures, as 
necessary, to facilitate enrollment and ensure an applicant's 
eligibility for the program.
    (f) Valid machine-readable passport or valid lawful permanent 
resident card. Each participant must possess a valid, machine-readable 
passport, a valid, machine-readable U.S. Lawful Permanent Resident Card 
(Form I-551), or other appropriate travel document as determined by 
CBP.
    (g) Arrival procedures. In order to utilize the Global Entry 
program upon arrival 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, controlled 
substances, fireworks, Cuban goods, and plants.
    (h) Application for entry, examination and inspection. Each 
successful use of Global Entry constitutes a separate and completed 
inspection and application for entry by the participant 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 CBP 
examination and inspection at any time during the arrival process.
    (i) 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.
    (j) Denial, removal and suspension.
    (1) If an applicant is denied participation in Global Entry, CBP 
will notify the applicant of the denial, and the reasons for the 
denial. CBP will also provide instructions regarding how to proceed if 
the applicant wishes to seek additional information as to the reason 
for the denial.
    (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 disqualifying activities under the Global Entry 
program as outlined in Sec.  235.12(b)(2);
    (ii) CBP, at its sole discretion, determines that the participant 
provided false information in the application and/or during the 
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.
    (4) An applicant or participant denied, suspended, or removed does 
not receive a refund, in whole or in part, of his or her application 
processing fee.
    (k) 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 on the applicant or participant, and are wholly 
discretionary on the part of CBP. The methods of redress are:
    (l) Enrollment center. The applicant/participant may contest his or 
her denial, suspension or removal by writing to the enrollment center 
where that individual's interview was conducted. The enrollment center 
addresses are available at 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. If 
the applicant/participant believes that the denial, suspension or 
revocation was based upon inaccurate information, the individual should 
also include any reasonably available supporting documentation with the 
letter. After review, CBP will inform the individual of its redress 
decision. If the individual's request for redress is successful, the 
individual's eligibility to participate in Global Entry will resume 
immediately.
    (2) DHS Traveler 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 www.dhs.gov/trip, or by contacting DHS TRIP by mail at the address 
on this Web site.
    (3) Ombudsman. Applicants (including applicants who were not 
scheduled for an interview at an enrollment center) and participants 
may contest a denial, suspension or removal by writing to the CBP 
Trusted Traveler Ombudsman at the address listed on the Web site 
www.globalentry.gov.

    Dated: January 31, 2012.
 Janet Napolitano,
Secretary.
[FR Doc. 2012-2470 Filed 2-3-12; 8:45 am]
BILLING CODE 9111-14-P