[Federal Register Volume 88, Number 166 (Tuesday, August 29, 2023)]
[Rules and Regulations]
[Pages 59439-59440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-18581]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / 
Rules and Regulations  

[[Page 59439]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Part 235

[CBP Dec. No. 23-09]


Interpretation of the Term Kiosk for Global Entry

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: Interpretive rule.

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

SUMMARY: This interpretive rule provides guidance to the public on U.S. 
Customs and Border Protection's interpretation of the term ``kiosk'' as 
used in the Global Entry regulations.

DATES: This rule is effective on August 29, 2023.

FOR FURTHER INFORMATION CONTACT: Rafael E. Henry, Branch Chief, Office 
of Field Operations, (202) 344-3251, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    U.S. Customs and Border Protection (CBP) operates the Global Entry 
program, a voluntary international trusted traveler program, at 
designated airports to provide certain pre-approved travelers dedicated 
processing into the United States. Members of Global Entry are vetted 
travelers who have voluntarily applied for membership, have paid a 
required application fee, and have provided certain personal data to 
CBP. Travelers with active membership in Global Entry are considered to 
be a low risk, because CBP conducts vetting both when the participant 
applies to the Global Entry program and on an ongoing basis after the 
participant becomes a Global Entry member.
    Upon arrival at a designated airport, Global Entry members can use 
a self-service process to report their arrival and facilitate their 
inspection. The Global Entry arrival procedures are set forth in 
section 235.12(g) of title 8 of the Code of Federal Regulations (8 CFR 
235.12(g)). That regulation requires that an arriving passenger utilize 
a Global Entry kiosk, follow the on-screen instructions, and declare 
all articles brought into the United States. The term ``kiosk'' is not 
defined in the regulations; however, the kiosks used by CBP until now 
have been machines that are permanently installed in airports and that 
print paper receipts for verification of the traveler's arrival 
(``legacy kiosks''). Participants must physically go to the legacy 
kiosk in order to be processed using the Global Entry program.
    To facilitate their inspection, Global Entry members utilize the 
legacy kiosks to have their photographs and fingerprints taken, submit 
identifying information, and answer several automated questions about 
items that they are bringing into the United States. When using the 
legacy kiosks, participants are required to declare all articles that 
they are bringing into the United States, pursuant to 19 CFR 148.11.
    CBP is in the process of transitioning from the legacy kiosks to 
Global Entry portals and the Global Entry Mobile application. CBP 
expects all the legacy kiosks to be retired at the end of calendar year 
2023. The portals are already being used in some locations and are 
essentially mobile processing units, similar to a tablet, with screens 
and cameras. The portals are enabled with Wi-Fi to allow CBP the 
flexibility to position the portals anywhere inside an airport Federal 
Inspection Station (FIS) to optimize traveler processing. Global Entry 
participants physically approach the portals for processing in a manner 
similar to the legacy kiosks. However, instead of issuing a paper 
receipt to travelers, the portals will transmit an electronic file to 
the CBP officers at egress for review and verification of the 
traveler's arrival. In addition to the portals, advancing technology 
will now allow CBP to perform the same processing for Global Entry 
members through use of the Global Entry Mobile application. The Global 
Entry Mobile application will be deployed at 5 airport locations across 
the United States (Los Angeles, Miami, Houston, Fort Lauderdale, and 
Washington Dulles) starting in the summer of 2023. The portal or the 
mobile application will take the traveler's facial image and match it 
with the existing image from the application process. With these new 
processes, travelers will now make a verbal declaration to a CBP 
officer instead of responding to on screen questions that were 
previously asked during processing at the legacy kiosk. All of the 
technologies that will now be included in CBP's interpretation of 
``kiosk'' assign a class of admission and provide a paper or electronic 
record that is given to a CBP officer stationed within the Federal 
Inspection Service area for verification that the traveler was 
processed for admission into the United States.
    For this reason, the Department of Homeland Security (DHS) is 
issuing this interpretive rule to clarify its interpretation of the 
undefined term ``kiosk'' to include the currently available technology 
as well as future advances in processing technology for Global Entry 
participants to be processed by CBP for entry into the United States.
    DHS is issuing this interpretive rule as an interim measure prior 
to publication of a final rule that will remove the term ``kiosk'' from 
the Global Entry regulations entirely. On September 9, 2020, DHS 
published a notice of proposed rulemaking (85 FR 55597) in the Federal 
Register entitled ``Harmonization of the Fees and Application 
Procedures for the Global Entry and SENTRI Programs and Other Changes'' 
(the NPRM). In the NPRM, DHS proposed to remove references to ``kiosk'' 
from the regulations. As noted above, ``kiosk'' is not a defined term 
in the regulations, and DHS proposed to remove that term in order to 
make the regulations more inclusive of developing technologies. The 
final rule promulgating the proposed change is expected to publish in 
2024.

II. Interpretation of ``Kiosk''

    For the purposes of 8 CFR 235.12, CBP interprets the term ``kiosk'' 
to include the following: \1\
---------------------------------------------------------------------------

    \1\ All of the technologies included in the CBP's interpretation 
of ``kiosk'' assign a class of admission and provide a paper or 
electronic record that is given to a CBP officer stationed within 
the Federal Inspection Service area for verification that the 
traveler was processed for admission into the United States.
---------------------------------------------------------------------------

    1. Legacy kiosks (machines that are permanently installed in 
airports and that print a paper receipt);

[[Page 59440]]

    2. Receipt-less Facial Kiosks (RFK) (modified legacy kiosks that 
send an electronic record to a CBP officer);
    3. Global Entry Portals (Wi-Fi enabled mobile processing units with 
a screen and camera); and
    4. the Global Entry Mobile application or any successor technology 
for processing Global Entry members at ports of entry.

III. Effective Date

    Because this rule is solely interpretive, it is not subject to the 
30-day delayed effective date for substantive rules under section 
553(d) of the Administrative Procedure Act.\2\ Therefore, this rule is 
effective on August 29, 2023, the same date that it is published in the 
Federal Register.
---------------------------------------------------------------------------

    \2\ 5 U.S.C. 553(d).
---------------------------------------------------------------------------

Regulatory Analysis

    Executive Orders 12866, 13563, and 14094 direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule is not a ``significant regulatory action,'' 
under section 3(f) of Executive Order 12866. Accordingly, OMB has not 
reviewed this regulation.
    This rule merely explains to the public how CBP interprets a 
certain term used in an existing regulation, 8 CFR 235.12. This rule 
imposes no new requirements on the public and simply clarifies its 
interpretation of a kiosk to include other forms of technology, 
broadening the public's processing options. As such, there are no costs 
to this interpretive rule. To the extent that this rule results in 
processing time savings for the public, there may be some unquantified 
benefits to this interpretive change.
    As an interpretive rule, this rule is exempt from the notice-and-
comment rulemaking requirements of the Administrative Procedure Act.\3\ 
Because no notice of proposed rulemaking is required, analysis under 
the Regulatory Flexibility Act is not required.\4\
---------------------------------------------------------------------------

    \3\ 5 U.S.C. 553(b).
    \4\ 5 U.S.C. 603(a), 604(a).
---------------------------------------------------------------------------

    An agency may not conduct or sponsor, and an individual is not 
required to respond to a collection of information unless it displays a 
valid OMB control number. This collection of information has been 
approved by the Office of Management and Budget (OMB) in accordance 
with the Paperwork Reduction Act of 1995 (44 U.S.C. 3507) and assigned 
OMB control number 1651-0121.

Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2023-18581 Filed 8-28-23; 8:45 am]
BILLING CODE 9111-14-P