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11 April 2008
[Federal Register: April 11, 2008 (Volume 73, Number 71)]
[Notices]
[Page 19861-19865]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11ap08-70]
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DEPARTMENT OF HOMELAND SECURITY
Bureau of Customs and Border Protection
[Docket No. USCBP-2006-0037]
Announcement of Program Pilot: International Traveler (IRT)
Registered
AGENCY: Customs and Border Protection; Department of Homeland Security.
ACTION: General notice; request for comments.
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SUMMARY: This notice announces a pilot international registered
traveler program, referred to as International Registered Traveler
(IRT) that will be operated by Customs and Border Protection (CBP) to
allow for the expedited clearance of pre-approved low-risk air
travelers into the United States. This pilot will initially be
conducted at the John F. Kennedy International Airport, Jamaica, New
York; the George Bush Intercontinental Airport, Houston, Texas; and the
Washington Dulles International Airport, Sterling, Virginia, and may
expand to other locations as announced. This notice invites public
comments concerning any aspect of the pilot of this international
registered traveler program, informs interested members of the public
of the eligibility requirements for voluntary participation in the
pilot, and describes the basis on which CBP will select participants
for the pilot.
DATES: Applications to be initial participants in the pilot should be
submitted May 12, 2008. The pilot will commence June 10, 2008.
Applications to participate in the pilot will be accepted throughout
the duration of the pilot. The pilot is expected to continue for at
least six months. The time frame of the pilot will vary, depending on
the progress of an evaluation of the pilot that will be conducted by
CBP.
ADDRESSES: You may submit comments, identified by ``USCBP-2006-0037,''
by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Border Security Regulations Branch, Regulations and
Rulings, Office of International Trade, Customs and Border Protection,
1300 Pennsylvania
[[Page 19862]]
Avenue, NW. (Mint Annex), Washington, DC 20229.
Instructions: All submissions received must include the agency
name, document title, and docket number (USCBP-2006-0037) for this
notice. All comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background documents or
comments received go to http://www.regulations.gov. Submitted comments
may also be inspected during regular business days between the hours of
9 a.m. and 4:30 p.m. at the Office of Regulations and Rulings, Office
of International Trade, U.S. Customs and Border Protection, 799 9th
Street, NW., 5th Floor, Washington, DC. Arrangements to inspect
submitted comments should be made in advance by calling Mr. Joseph
Clark at (202) 572-8768.
Applications for the IRT pilot are available through the Global On-
Line Enrollment System (GOES) at www.cbp.gov. Applications must be
completed and submitted electronically.
FOR FURTHER INFORMATION CONTACT: Fiorella Michelucci, Office of Field
Operations, (202) 344-2564 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
Customs and Border Protection (CBP) is announcing in this notice
that it will be conducting an international registered traveler pilot
for a new passenger processing system called International Registered
Traveler (IRT). CBP will be evaluating the IRT program during this
pilot with the ultimate goal to implement a single, integrated
passenger processing system that will expedite the movement of low-
risk, frequent international air travelers by providing an expedited
inspection process for pre-approved, pre-screened ``trusted''
travelers. By implementing this initiative, CBP would facilitate the
movement of people more efficiently, thereby accomplishing CBP's
strategic goal of facilitating legitimate trade and travel while
securing the homeland.
The Commissioner of CBP is delegated authority in 19 CFR 101.9 to
conduct voluntary test/pilot programs to evaluate the effectiveness of
new technology or operational procedures regarding the processing of
passengers, vessels or merchandise. Title 8 U.S.C., Section 1365b
requires that the Department of Homeland Security (DHS) operate a
biometric entry and exit system and that it integrate registered
traveler programs into this system. This provision also requires, in
subsection (k)(3), that the Secretary establish an international
registered traveler program that incorporates available technologies,
such as biometrics and e-passports, and security threat assessments to
expedite the screening and processing of international travelers,
including United States Citizens and lawful permanent residents who
enter and exit the United States.\1\ Subsection (k)(3)(B) authorizes
the Secretary to impose a fee for the program and to modify such fee
``from time to time.'' The provision requires that the fee may not
exceed the aggregate costs associated with the program and shall be
credited to DHS to carry out the program.
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\1\ CBP has other programs that expedite the travel of
previously screened and known travelers across the borders of the
United States (i.e., Free and Secure Trade (FAST), Secure Electronic
Network for Travelers Rapid Inspection (SENTRI), and NEXUS). The
agency also calls these programs ``trusted traveler programs.''
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DHS is coordinating multiple tests of electronic identity
verification systems, including the US-VISIT program and the Registered
Traveler program of the Transportation Security Administration (TSA).
The results of these various programs will be considered in
coordination with those other components and agencies within DHS.
I. Description of IRT Pilot Program
Overview
The IRT pilot project will allow pilot participants expedited entry
into the United States at any of its three locations, John F. Kennedy
International Airport, Jamaica, New York (JFK); the George Bush
Intercontinental Airport, Houston, Texas (IAH); and the Washington
Dulles International Airport, Sterling, Virginia (IAD), and a limited
number of future airports as announced in further Federal Register
notices, by using automated kiosks located in the Federal Inspection
Services (FIS) area of each airport. IRT uses fingerprint biometrics
technology to verify a participant's identity and confirm his or her
status as a participant.
After arriving at the FIS area, the participant will proceed
directly to the IRT kiosk. A sticker affixed to the participant's
passport at the time of acceptance in IRT will provide visual
identification that the individual can be referred to the kiosk. IRT
participants need not wait in the regular passport control primary
inspection lines.
Operations
After arriving at the kiosk, the participant will activate the
system by inserting into the document reader either a machine-readable
passport or a machine-readable U.S. permanent resident card. On-screen
instructions will guide the participant to provide fingerprints
electronically. These fingerprints will be compared with the
fingerprint biometrics on file to validate identity and confirm that
the individual is a member of the program. Participants will also be
prompted to look at the camera for a digital photograph.
When the procedures at the kiosk have been successfully completed,
which will also involve responding to several customs declaration
questions by use of a touch-screen, the participant will be issued a
transaction receipt. This receipt must be provided along with the
passport or permanent resident card to the CBP Officer at the exit
control area who will examine and inspect these documents. CBP Officers
stationed in booths next to the kiosk lanes will also oversee
activities at the kiosk.
Declarations
When using the IRT kiosks, IRT participants will be required to
declare all articles being brought into the U.S. pursuant to 19 CFR
148.11.
If IRT participants declare any of the following, the kiosk will
redirect the user to the head of the line at the nearest open passport
control, primary inspection station:
(a) Commercial merchandise or commercial samples, or items that
exceed the applicable personal exemption amount;
(b) More than $10,000 in currency or other monetary instruments
(checks, money orders, etc.), or foreign equivalent in any form; or
(c) Restricted/prohibited goods, such as agricultural products,
firearms, mace, pepper spray, endangered animals, birds, narcotics,
fireworks, Cuban goods, and plants.
Moreover, IRT participants may be subject to further examination
and inspection as determined by CBP Officers at any time during the
arrival process.
II. Pilot Program Eligibility Criteria
Participation in the IRT pilot is voluntary. Only U.S. citizens,
U.S. nationals, and U.S. lawful permanent residents (LPRs) will be
considered for participation at the launch of this pilot. CBP is
working with other countries to eventually recognize comparable
programs operated by these countries so that non-U.S. citizens and
other foreign nationals that are participants in those programs will be
eligible for participation in IRT. As these agreements on mutual
recognition are
[[Page 19863]]
finalized, CBP will expand its eligibility criteria, and will announce
any expansions of these criteria during the pilot program by
publication in the Federal Register.
No person, however, will be eligible for this pilot if he or she
loses LPR status or is inadmissible to the United States under the
immigration laws, if he or she has ever been convicted of a criminal
offense, or if he or she has ever been found in violation of the
customs or immigration laws of the United States, or of any criminal
law. Additionally, no person will be eligible if CBP or DHS determines
that he or she presents a potential risk for terrorism, criminality or
smuggling, or if CBP or DHS can not sufficiently determine that an
applicant meets the above criteria for participation in the pilot.
Children 14 years of age and older, but under the age of 18, must
have the consent of a parent or legal guardian to participate in the
pilot. Children under the age of 14 are not eligible to participate in
the pilot.
All participants must possess a Machine Readable Passport or
Permanent Resident Card (if applicable). Machine-readable passports
include two optical-character, typeface lines at the bottom of the
biographic page of the passport that help to quickly read the
biographical information on the passport.
III. Pilot Program Application and Selection Process
The application for the IRT pilot is available on-line through the
Global On-Line Enrollment System (GOES) at www.cbp.gov. The application
is to be completed and submitted electronically through GOES. Other
application options, such as paper applications or the opportunity to
provide enrollment data via private sector entities will be considered
in future announcements.
The on-line application for IRT collects information similar to
that collected by applications for CBP's other trusted traveler
programs (e.g., NEXUS, Secure Electronic Network for Travelers Rapid
Inspection (SENTRI) and Free and Secure Trade (FAST)). The information
collected through the on-line application is deposited into the Global
Enrollment System (GES), as the system of record for CBP trusted
traveler programs. The personal information provided by the applicants,
including the fingerprint biometrics taken at the time of the personal
interview, may be shared with other government and law enforcement
agencies in accordance with applicable laws and regulations. The
personal information that is collected through GOES is maintained in a
Privacy Act system of records (GES) that was last published in the
Federal Register on April 21, 2006 (71 FR 20708). CBP has also
published two Privacy Impact Assessments that cover this pilot on the
DHS Privacy Office Web site, www.dhs.gov/privacy [GES, GOES]. In
addition, an update addressing on-line functionality of the enrollment
process was posted to the DHS Privacy Office Web site on November 1,
2006. Applicant biometrics (fingerprints, photographs) are stored in
the DHS Automated Biometric Identification System (IDENT). The IDENT
Privacy Act System of Records notice was last published on June 5, 2007
(72 FR 31080).
A non-refundable fee in the amount of $100 will be charged to each
applicant at the time of application submission to the pilot program.
The $100 fee paid by applicants to the pilot will cover the benefits of
participation for the duration of the pilot. The fee is to be paid to
CBP at the time of application through the Federal Government's on-line
payment system, Pay.gov. Pay.gov is a system by which parties can make
secure electronic payments to many Federal Government agencies. Should
the IRT program become permanent, other payment alternatives may be
made available.
There are three steps to the application process before an
individual can become a participant in the pilot program. In the first
step, applicants must complete and submit the pilot program application
on-line through GOES and submit payment of the $100 fee through
Pay.gov. Applicants will be provided with a GOES on-line account in
order to assist them and permit CBP to communicate with the applicant
during the application process. In the second step, CBP Officers will
review the applicant's information for processing to ensure that the
applicant is in compliance with United States customs and immigration
laws and regulations. Criminal and antiterrorism government databases
will also be checked. Foreign government databases and sources may also
be used as permitted by relevant U.S. laws and regulations, and to the
extent applicable, arrangements with foreign governments.
Applicants meeting the eligibility criteria will be notified by e-
mail to an e-mail address provided at the time of the application and a
message in their GOES account that they can schedule an interview at an
Enrollment Center using the GOES link to the on-line scheduling
feature. The applicant will choose an Enrollment Center at JFK, Houston
or Dulles Airport to initiate the third phase of the application
process. As operation of the program expands, CBP will announce future
enrollment locations. Contact information for the three current
Enrollment Centers (also available at www.cbp.gov), is as follows:
John F. Kennedy International Airport: U.S. Customs and Border
Protection, JFK International Airport, Terminal 4, Second Floor,
Jamaica, NY 11430, Telephone: (718) 553-1237, Fax: (718) 553-1783.
George Bush Intercontinental Airport: U.S. Customs and Border
Protection, Houston Intercontinental Airport, 3870 North Terminal Road,
Terminal E, Houston, TX 77032, Telephone: (281) 230-4672, Fax: (281)
230-4676.
Washington Dulles International Airport: U.S. Customs and Border
Protection, Deferred Inspection Unit/Enrollment Center, Washington
Dulles International Airport, 22685 Holiday Park Drive, Suite 15,
Sterling, VA 20166, Telephone: (703) 661-7100, Fax: (703) 661-8394.
At the Enrollment Center, CBP officers will review the provided
information and conduct an interview of the applicant. Applicants must
bring to the interview originals of the identification documentation
they specified in their application to the Enrollment Center. Usually,
this will be a United States Passport or Permanent Resident card.
During this process, CBP officers will perform the following
procedures: verify identity and proof of U.S. citizenship, U.S.
national or U.S. permanent resident status, as applicable; confirm the
validity of travel documents; confirm the candidate meets eligibility
requirements for membership; electronically capture a full set of 10
fingerprints to enroll the applicant; and conduct various checks,
including a check for criminal records in law enforcement databases
(which involves submission of the fingerprints to the Federal Bureau of
Investigation (FBI)). Finally, CBP officers will also take a digital
photograph of each applicant for the IRT membership database. Although
an application can be made for a child (14 years of age or older) to
travel with a non-custodial adult, provided that the required
documentation is submitted, a child appearing at the Enrollment Center
for processing must be accompanied by at least one custodial adult
(parent or guardian). At the interview, the CBP officer may request
appropriate documentary evidence of parental custody from the parent or
guardian seeking to enroll the child in the IRT pilot.
After becoming a member of IRT, each participant will be screened
against the
[[Page 19864]]
relevant criminal and anti-terrorism government databases each time the
IRT kiosk is used. Additionally, it is important to note that CBP will
continue to conduct periodic checks for all enrolled members during the
entire period of the pilot (and/or the permanent version of the
program, at the point it becomes permanent), to ensure that CBP can
quickly take action should new information be made available that would
disqualify the participant.
The required immigration status and citizenship of participants
must be valid at all times. Participants must possess required
immigration and identity documents at all times during their travel,
including at the time of arrival to participating airports.
IV. The Fee
In order to reimburse CBP for the application processing costs
associated with this program, including the submission of applicant
fingerprints to the FBI, Congress has, as noted, authorized the
Secretary (of the Department of Homeland Security) to charge a fee for
participation in the program. See 8 U.S.C. 1365b(k)(3)(B). On receipt
of the fee, CBP will review the application and determine whether the
applicant is eligible to participate in this voluntary program.
Applicants who are enrolled as IRT participants will receive the
benefit of expedited clearance through airports at which CBP is
testing, or later establishes the IRT program.
1. Alternatives to Charging a Fee
The only alternative to charging a fee to cover CBP's application
processing costs associated with the IRT program would be for the
United States Government, and specifically CBP, to pay for the costs
out of its general appropriated funds, without reimbursement. However,
this course of action would be contrary to stated Congressional and
Administration policy that a fee should be charged when a specific
benefit is rendered. 31 U.S.C. 9701; Office of Management and Budget
(OMB) Circular A-25, User Charges (Revised), section 6, 58 FR 38142
(July 15, 1993). Therefore, CBP has determined that charging a fee for
the subject service is the only viable alternative.
2. Amount of the Fee
CBP has determined that $100 is the amount necessary to recover the
costs incurred by CBP for the processing of the application, including
the submission of the applicant's fingerprints to the FBI, and other
administrative costs of the program.
However, the program costs covered by this fee do not include
inspection costs incurred by CBP each time an IRT participant enters
the United States. Such costs are covered by the various inspection
user fees already charged by CBP. See 8 U.S.C. 1356(d); 19 U.S.C.
58c(a)(5)(B).
The application processing costs covered by the fee are provided as
follows:
Unit Cost of Processing an Application for IRT (5 Year Cycle)
------------------------------------------------------------------------
------------------------------------------------------------------------
Unit Cost FBI Fingerprints.............................. $17.25
Unit Cost of Vetting An Applicant....................... 38.04
Unit Cost of Issuing Sticker............................ 1.00
Unit Cost of Establishing, Operating, and Maintaining An 32.53
Enrollment Center......................................
Unit Cost of GES Servers, Storage, Enhancements and 11.14
Upgrades...............................................
---------------
Grand Total Unit Cost of Processing An IRT Application.. 99.96
------------------------------------------------------------------------
Notes for Table:
1. Position costs for application processing is calculated by
multiplying .5 by the hourly rate of a Customs and Border Protection
Officer (CBPO), (Total position cost = $144,000, including training,
equipment and other costs). A 3.16% pay raise and benefits weighted
average rate was applied.
2. A 3% inflation rate adjustment was applied for all costs.
3. GES is the acronym for CBP's Global Enrollment System. Application
for the IRT pilot program will occur in the Global On-Line Enrollment
System (GOES), which is part of GES. The GES is housed in the CBP
Secure network.
Other Assumptions:
CBPOs working on the enrollment centers will perform other functions
when no application processing-related work exists.
Unit cost is based on regular hours. Overtime is excluded.
Total enrollees = 250,000 (This total would be reached in a five-year
cycle).
As can be seen in the above table, the total calculated costs to
CBP, per applicant, equals the amount of $99.96. To simplify accounting
tasks for both applicants and CBP, and to allow for the possibility of
small variations in the estimated costs compared to the actual costs,
CBP is setting the cost per applicant at $100. This fee will be non-
refundable.
V. Redress
If an applicant is denied participation in the IRT pilot, a notice
will be sent to his or her GOES account advising him or her of the
denial, with instructions on how to proceed if the applicant wishes to
seek additional information.
Even though an applicant has been accepted in the pilot program, he
or she may later be suspended or removed from the pilot if CBP, at its
sole discretion, determines that a participant has engaged in any
misconduct under the IRT pilot; if the participant provided false
information during the application and/or application process; if the
participant fails to follow the terms and conditions of this notice
and/or the requirements of the pilot; if the participant is convicted
of a crime or otherwise no longer meets the qualification standards of
the program; or if CBP determines that such action is necessary and
appropriate. CBP will notify the participant of his or her suspension
or removal from the pilot in writing, which will be effective
immediately.
The applicant has three channels for redress: (a) Directly with the
enrollment center; (b) DHS Travelers Redress Inquiry Program (DHS
TRIP); and c) the CBP Trusted Traveler Ombudsman.
(a) Enrollment Center
A participant may contest his or her suspension or removal, in
writing, to the Enrollment Center where the participant's interview was
conducted. The enrollment center addresses are available at www.cbp.gov
and are provided in this document. The participant's letter must be
received by CBP within thirty (30) calendar days of the date provided
as the date of suspension or removal. The applicant should write on the
envelope ``Redress Request RE: IRT.'' The letter should address the
facts or conduct that resulted in the suspension or removal and why the
participant believes the
[[Page 19865]]
reason for the suspension or removal is invalid.
(b) DHS TRIP
The individual may choose to initiate the redress process through
the existing DHS TRIP process. DHS TRIP is a Web-based customer service
initiative developed as a voluntary program to provide a one-stop
mechanism for individuals to request redress. DHS TRIP provides
traveler redress intake and processing support while working with
relevant DHS components to review and respond to requests for redress.
An individual seeking redress may obtain the necessary forms and
information to initiate the process on the DHS TRIP Web site at http://
www.dhs.gov/trip or by contacting DHS TRIP by mail. DHS TRIP will
review all the documentation provided by the individual and share the
redress request with any necessary agencies (including appropriate
Federal law enforcement or intelligence agencies, if necessary) for
resolution. DHS TRIP will correct any erroneous information and will
inform the individual when the redress process has been completed.
(c) Ombudsman
If participants feel the denial or revocation was based upon
inaccurate information, they may contact the CBP Enrollment Center
where their interview was conducted, or they may write to the CBP
Trusted Traveler Ombudsman at: U.S. Customs and Border Protection, 300
Interstate Corporate Center, Suite 303, Williston, VT 05495, Attention:
CBP Ombudsman.
Contact with the Enrollment Centers, DHS TRIP or the Trusted
Traveler Ombudsman should contain supporting information that can
demonstrate that the denial or revocation was based on inaccurate
information. CBP often relies on data from other agencies (e.g.,
Immigration and Customs Enforcement, FBI, Drug Enforcement
Administration) and the denial or revocation may have been based upon
those records. In order to view records that may be on file with
another agency, the applicant will need to contact those agencies
directly. The provisions allowing participants to seek redress
concerning their suspension or removal from the program pilot do not
create or confer any legal right, privilege or benefit, but is wholly
discretionary on the part of CBP.
None of these three options for redress will result in either the
confirmation or denial of whether an individual is on the watch list,
because this information is derived from classified and sensitive law
enforcement and intelligence information. This policy protects the
operational counterterrorism and intelligence collection objectives of
the Federal Government, as well as the personal safety of those
involved in counterterrorism investigations.
VI. FOIA
Any participant who has reason to believe his or her suspension or
removal is based upon records maintained by CBP and wishes to view
those records, should file a Freedom of Information Act (FOIA) request
with the FOIA Division, Office of International Trade, U.S. Customs and
Border Protection, 1300 Pennsylvania Avenue, NW. (Mint Annex),
Washington, DC 20229. Applicants should not use this address to seek
redress or review of their application for this pilot. This address
should only be used to obtain copies of the information CBP has on
file, subject to applicable FOIA exemptions. If the record sought is
owned by another State or local entity, the applicant must contact that
entity directly for information.
VII. Pilot Evaluation Criteria
CBP will review all public comments received concerning any aspect
of the pilot program or procedures, finalize procedures in light of
those comments and CBP will evaluate the program by forming problem-
solving teams and establishing baseline measures and evaluation methods
and criteria. Evaluation of the pilot will begin upon the start of the
pilot. The pilot is expected to continue for a minimum of six months. A
review will be conducted at the end of a three-month period and at the
six-month period, to include evaluation of the following: The number of
participants; the number of instances and length of time that kiosks
were out of service; the average length of time for a person to
successfully complete the kiosk process; the number of instances that
approved user could not successfully complete the kiosk process; the
average length of time for CBP to process applications; the percentage
of denied applications; and the percentage of kiosk usage. This time
frame is subject to change, however, depending on the progress of the
ongoing evaluation. The pilot program may be extended, modified, or
terminated depending on the results of the evaluation.
Dated: April 7, 2008.
W. Ralph Basham,
Commissioner, Customs and Border Protection.
[FR Doc. E8-7643 Filed 4-10-08; 8:45 am]
BILLING CODE 9111-14-P