[Federal Register Volume 75, Number 249 (Wednesday, December 29, 2010)]
[Notices]
[Pages 82202-82205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32829]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[Docket No. USCBP-2010-0033]


Utilization of Global Entry Kiosks by NEXUS and SENTRI 
Participants

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

ACTION: General notice and request for comments.

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SUMMARY: U.S. Customs and Border Protection (CBP) operates several 
international trusted traveler programs to provide expedited entry into 
the United States at designated ports of entry for pre-approved 
travelers. Through the utilization of automated kiosks, the Global 
Entry pilot program allows CBP to expedite clearance of pre-approved, 
low-risk air travelers arriving in the United States. In this notice, 
CBP is announcing that it is expanding two other trusted traveler 
programs, NEXUS and the Secure Electronic Network for Travelers Rapid 
Inspection (SENTRI), to permit participants of these programs currently 
in good standing to utilize Global Entry kiosks as part of their NEXUS 
or SENTRI membership. CBP also is describing the terms and conditions 
for such use. 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.

DATES: Effective Dates: Eligible NEXUS or SENTRI participants may begin 
to utilize the Global Entry kiosks immediately upon notification of 
eligibility from CBP. Comments concerning this notice and all aspects 
of the announced Global Entry pilot may be submitted throughout the 
duration of the pilot.

ADDRESSES: You may submit comments, identified by ``USCBP-2010-0033,'' 
by one of the following methods:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Mail: Border Security Regulations Branch, Regulations and 
Rulings, Office of International Trade, U.S. Customs and Border 
Protection, Mint Annex, 799 9th Street, NW., Washington, DC 20229.
    Instructions: All submissions received must include the agency 
name, document title, and docket number (USCBP-2010-0033) 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) 325-0118.
    Applications for NEXUS, SENTRI and the Global Entry pilot are 
available through the Global Online Enrollment System (GOES) via the 
GOES Web site, https://goes-app.cbp.dhs.gov.

FOR FURTHER INFORMATION CONTACT: Larry Panetta, Office of Field 
Operations, (202) 344-1253.

SUPPLEMENTARY INFORMATION:

Background

    CBP operates several voluntary trusted traveler programs to provide 
expedited travel for certain pre-approved travelers. While each program 
caters to a different set of travelers based on the program's unique 
eligibility criteria, any applicant to a trusted traveler program 
undergoes the same CBP pre-screening process. The three trusted 
traveler programs relevant to this document are described below.

NEXUS Trusted Traveler Program

    NEXUS is a joint trusted traveler program between the United States 
and Canada. It was established in 2002 as part of the U.S.-Canada 
Shared Border Accord. NEXUS allows pre-approved, low-risk travelers 
expedited processing for travel between the United States and Canada at 
dedicated processing lanes at designated northern border ports of 
entry, at NEXUS kiosks at U.S. pre-clearance airports in Canada, and at 
marine reporting locations. An applicant may qualify to participate in 
NEXUS if he or she is a citizen or lawful permanent resident of the 
United States or Canada and voluntarily undergoes a thorough background 
check by U.S. and Canadian authorities against criminal, law 
enforcement, customs, immigration, and terrorist databases, a 10-
fingerprint law enforcement check and a personal interview with a CBP 
officer. An applicant is ineligible to participate in NEXUS if 
inadmissible to the United States or Canada under either U.S. or 
Canadian immigration law. Any one of the following risk factors may 
disqualify an individual from NEXUS participation:
    <bullet> The individual provides false or incomplete information on 
his or her application;
    <bullet> The individual has been convicted of a criminal offense in 
any country;
    <bullet> The individual is a subject of an ongoing investigation by 
any federal, state or local law enforcement agency in any country;
    <bullet> The individual has been found to have violated any 
customs, agriculture, or immigration regulation or laws in any country;
    <bullet> The individual is inadmissible to the United States or 
Canada under applicable immigration laws or regulations, including 
applicants with approved waivers of inadmissibility or parole 
documentation;
    <bullet> The individual does not intend to lawfully reside in 
either Canada or the United States for the term of his or her NEXUS 
membership; or
    <bullet> The individual cannot satisfy CBP of his or her low-risk 
status or meet other NEXUS program requirements.
    To participate in NEXUS, both the United States and Canada must 
approve the individual's application. Denial of an application by 
either country will keep an applicant from participating in the NEXUS 
program. Applicants may apply on-line via the CBP GOES Web site, 
https://goes-app.cbp.dhs.gov, or on paper by mailing the application to 
Canada Border Services Agency. All qualified applicants are required to 
travel to a NEXUS Enrollment Center for an interview. If approved to 
participate in NEXUS, the individual will receive a membership 
identification card to use when entering Canada or the United States at 
all designated NEXUS air, land and marine ports of entry. Additional 
details regarding the NEXUS trusted traveler program can be found at 
http://www.nexus.gov.

SENTRI Trusted Traveler Program

    CBP operates the Port Passenger Accelerated Service System 
(PORTPASS), a legacy system of the former Immigration and 
Naturalization Service, which identifies certain ports of entry as 
providing access to the United States for identified low-risk border

[[Page 82203]]

crossers. The system is described in detail in 8 CFR 235.7. One 
PORTPASS program is the Secure Electronic Network for Travelers Rapid 
Inspection (SENTRI). SENTRI currently allows expedited entry at 
specified land border ports along the U.S.-Mexico border for pre-
approved, low-risk travelers. All applicants must voluntarily undergo a 
thorough background check against criminal, law enforcement, customs, 
immigration, and terrorist databases, a 10-fingerprint law enforcement 
check and a personal interview with a CBP officer. Any one of the 
following risk factors may disqualify an individual from SENTRI 
participation:
    <bullet> The individual provides false or incomplete information on 
his or her application;
    <bullet> The individual has been convicted of a criminal offense or 
has pending criminal charges, including outstanding warrants;
    <bullet> The individual has been found to have violated any 
customs, agriculture, or immigration regulation or laws in any country;
    <bullet> The individual is a subject of an ongoing investigation by 
any federal, state or local law enforcement agency in any country;
    <bullet> The individual is inadmissible to the United States under 
applicable immigration laws or regulations, including applicants with 
approved waivers of inadmissibility or parole documentation;
    <bullet> The individual cannot satisfy CBP of his or her low-risk 
status or meet other program requirements.
    Applicants may apply for SENTRI on-line via the CBP GOES Web site. 
Once the individual's application is approved by CBP, the applicant is 
issued a Radio Frequency Identification Card (RFID) that identifies his 
or her record and status in the CBP database upon arrival at the U.S. 
port of entry. A decal is also issued to the applicant's vehicle or 
motorcycle. Additional details regarding the SENTRI trusted traveler 
program can be found at http://www.sentri.gov.

Global Entry Trusted Traveler Pilot Program

    In a notice published in the Federal Register on April 11, 2008 (73 
FR 19861), CBP announced an international trusted traveler pilot 
program, currently referred to as Global Entry, which allows for the 
expedited clearance of pre-approved, low-risk travelers into the United 
States. The Global Entry pilot program permits pilot participants 
expedited entry into the United States at any of the designated airport 
locations by using automated kiosks located in the Federal Inspection 
Services (FIS) area of each airport.
    The Global Entry pilot is currently operational 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).
    Applicants may apply for the Global Entry pilot via the CBP GOES 
Web site. Participation is limited to U.S. citizens, U.S. nationals, 
U.S. lawful permanent residents (LPRs), citizens of the Netherlands who 
participate in Privium through the FLUX Arrangement and, as of December 
29, 2010, Mexican nationals.\1\ Global Entry uses fingerprint 
biometrics technology to verify a participant's identity and confirm 
his or her status as a participant. For a detailed description of the 
Global Entry pilot program, including eligibility criteria, please 
refer to the April 11, 2008 Federal Register notice, 73 FR 19861; the 
May 27, 2008 Federal Register notice, 73 FR 30416; the August 13, 2008 
Federal Register notice, 73 FR 47204; the April 23, 2009 Federal 
Register notice, 74 FR 18586; and the August 10, 2009 Federal Register 
notice, 74 FR 39965.
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    \1\ On December 29, 2010, CBP announced by a separate notice 
published in the Federal Register that, pursuant to a Joint 
Declaration between the U.S. Department of Homeland Security and the 
Secretariat of Governance of the United Mexican States, Mexican 
nationals are eligible to apply for participation in the Global 
Entry pilot program.
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Notice of Proposed Rulemaking To Establish Global Entry as a Permanent 
Program

    In a Notice of Proposed Rulemaking (NPRM), published in the Federal 
Register on November 19, 2009 (74 FR 59932), CBP proposed establishing 
Global Entry as a permanent voluntary international trusted traveler 
program which would operate in a manner similar to the Global Entry 
pilot program. The comment period has closed and CBP is in the process 
of analyzing the comments. As provided in the NPRM, current 
participants in the Global Entry pilot program would be automatically 
enrolled in Global Entry once the permanent Global Entry program is 
finalized. Although it is projected that the Global Entry program will 
eventually operate at all major U.S. international airports, at the 
start of the program, it is anticipated that its operation would 
initially be limited to the airports participating in the pilot 
program.

Expanded Utilization of Global Entry Kiosks

    Section 7208(k) of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (IRTPA), 118 Stat. 3638, as amended by section 565 of the 
Consolidated Appropriations Act, 2008, 121 Stat. 1844, codified at 8 
U.S.C. 1365b, requires the Secretary of Homeland Security to create a 
program to expedite the screening and processing of pre-approved, low-
risk air travelers into the United States. Under the IRTPA, expediting 
the travel of previously screened and known travelers across the 
borders of the United States should be a high priority. See 8 U.S.C. 
1365b(k)(1)(A).
    Although the Global Entry kiosks were initially set up for the sole 
use of Global Entry participants, CBP intends to eventually allow 
participants in other CBP trusted traveler programs use of the Global 
Entry kiosks as a benefit of membership in those other trusted traveler 
programs. This expanded use of the kiosks will expedite the travel of 
participants of the other trusted traveler programs at more border 
crossings in the United States. It will also allow officers to better 
focus on identifying terrorists and other high risk travelers 
attempting to enter the United States. This document announces that 
eligible participants in NEXUS and SENTRI may use the Global Entry 
kiosks and the terms and conditions for such use.

[[Page 82204]]

Current NEXUS Participants May Use Global Entry Kiosks

Terms and Conditions
    A NEXUS participant who is in good standing in the NEXUS trusted 
traveler program will be eligible to utilize the Global Entry kiosks as 
a benefit of his or her NEXUS membership provided that he or she meets 
the age restrictions of the Global Entry pilot program (14 years of age 
or older) or the Global Entry permanent program once it is established. 
A NEXUS participant will only have access to the Global Entry kiosks 
for the amount of time remaining on his or her NEXUS membership. 
However, access to the Global Entry kiosks would continue for the full 
period of the NEXUS membership upon approval of the renewed NEXUS 
membership.
    A NEXUS participant will receive an email from CBP, provided that 
an email address is supplied in his or her GOES account, informing the 
participant to log into his or her GOES account to confirm eligibility 
to use the Global Entry kiosks. CBP will also notify NEXUS participants 
of their eligibility by posting messages to their GOES accounts, 
mailing post cards to participants' mailing addresses, and by updating 
the Trusted Traveler Web sites. Any participant who needs further 
information as to whether he or she qualifies for the additional 
benefits, may call any Trusted Traveler enrollment center (phone 
numbers are provided at http://www.globalentry.gov). The eligibility 
notification will tell the participant whether or not the individual 
may immediately begin utilizing the Global Entry kiosks. If the 
individual is notified that he or she is not eligible to immediately 
begin utilizing the Global Entry kiosks, then the participant will need 
to contact the Enrollment Center to provide the missing information 
(fingerprints or passport). Once the NEXUS participant's complete 
information is on file, he or she may immediately begin using the 
Global Entry kiosks.
    Use of the Global Entry kiosks is voluntary. Thus, providing 
additional information requested by CBP is voluntary, although it will 
be required in order to utilize the Global Entry kiosks. If a NEXUS 
participant elects not to provide the additional information, his or 
her status in the NEXUS program will remain unchanged.

Current SENTRI Participants Are Eligible To Use Global Entry Kiosks

Terms and Conditions
    Mexican nationals, U.S. citizens and U.S. LPRs who are already 
participants in good standing in the SENTRI trusted traveler program 
and who meet the age restrictions of the Global Entry pilot program (14 
years of age or older) or the age restrictions of the Global Entry 
permanent program once it is established, may utilize the Global Entry 
kiosks as a benefit of SENTRI membership if they follow the procedures 
described below. A Mexican national who is a SENTRI participant may 
utilize the Global Entry kiosks provided he or she successfully 
completes a thorough risk assessment by the Mexican government. A 
qualifying SENTRI participant will have access to Global Entry kiosks 
for the amount of time remaining on his or her SENTRI membership. 
However, access to the Global Entry kiosks would continue for the full 
period of the SENTRI membership upon approval of the renewed SENTRI 
membership.
    A SENTRI participant will receive an email from CBP, provided that 
an email address is supplied in his or her GOES account, informing the 
participant to log in to his or her GOES account to confirm eligibility 
to use the Global Entry kiosks. CBP will also notify SENTRI 
participants of their eligibility by posting messages to their GOES 
accounts, mailing post cards to participants' mailing addresses, and by 
updating the Trusted Traveler Web sites. Any participant who needs 
further information as to whether he or she qualifies for the 
additional benefits, may call any Trusted Traveler enrollment center 
(phone numbers are provided at http://www.globalentry.gov). Before a 
SENTRI participant who is a Mexican national may be qualified to 
utilize the Global Entry kiosks he or she must indicate his or her wish 
to use the Global Entry kiosks on the GOES Web site by checking the 
relevant box. By checking the box, the person authorizes the U.S. 
government to release all relevant information to the Mexican 
government for the purpose of conducting a thorough risk assessment.
    The eligibility notification will tell the participant whether or 
not the individual may immediately begin utilizing the Global Entry 
kiosks. If the individual is notified that he or she is not eligible to 
immediately begin utilizing the Global Entry kiosks, then the 
participant will need to contact the Enrollment Center to provide the 
missing information (fingerprints or passport). Once the SENTRI 
participant's complete information is on file, he or she may 
immediately begin using the Global Entry kiosks.
    Use of the Global Entry kiosks is voluntary. Thus, providing the 
additional information to CBP is voluntary, although it will be 
required in order to use the Global Entry kiosks. If a SENTRI 
participant elects not to provide the additional information, his or 
her status in the SENTRI program will remain unchanged.
Operations
    A NEXUS or qualified SENTRI participant does not have to wait in 
the regular passport control primary inspection line. After arriving at 
the FIS area, the participant would proceed directly to the Global 
Entry kiosks. After arriving at the kiosks, the NEXUS or qualified 
SENTRI participant will utilize the Global Entry kiosk through the same 
procedures as a Global Entry participant by inserting either a machine-
readable passport or a machine-readable U.S. permanent resident card 
into the document reader. Machine readable passports and U.S. permanent 
resident cards are used for Global Entry kiosk transactions because, 
unlike NEXUS and SENTRI, Global Entry does not utilize membership 
cards. On-screen instructions will guide the participant to provide 
fingerprints electronically. These fingerprints are compared with the 
fingerprint biometrics on file to validate identity and confirm that 
the individual is a member of the program. The participant is also 
prompted to look at the camera for a digital photograph and to respond 
to several customs declaration questions by use of a touch-screen.
    When the procedures at the kiosk have been successfully completed, 
the participant is 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 
also oversee activities at the kiosk.

Declarations

    When using the Global Entry kiosks, NEXUS and qualified SENTRI 
participants are required under 19 CFR 148.11 to declare all articles 
being brought into the U.S. If a NEXUS or qualified SENTRI participant 
declares any of the following, the kiosk redirects that 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

[[Page 82205]]

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, controlled 
substances, fireworks, Cuban goods, and plants.

NEXUS or qualified SENTRI participants may also be subject to further 
examination and inspection as determined by CBP officers at any time 
during the arrival process.
    For further details about the relevant airport procedures, please 
refer to the April 11, 2008 Federal Register notice, 73 FR 19861.
    All other aspects of the NEXUS and SENTRI programs and the Global 
Entry pilot program (as described in the previous Global Entry pilot 
notices) are still in effect.

    Dated: December 23, 2010.
Thomas S. Winkowski,
Assistant Commissioner, Office of Field Operations.
[FR Doc. 2010-32829 Filed 12-28-10; 8:45 am]
BILLING CODE 9111-14-P