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.

Rules and Regulations Federal Register

59439 

Vol. 88, No. 166 

Tuesday, August 29, 2023 

1All 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. 

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, 

Rafael.E.Henry@cbp.dhs.gov. 

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 selfservice 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. Legacy kiosks (machines that are 

permanently installed in airports and 

that print a paper receipt); 


ddrumheller on DSK120RN23PROD with RULES1
59440 Federal Register / Vol. 88, No. 166 / Tuesday, August 29, 2023 / Rules and Regulations 

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

3 5 U.S.C. 553(b). 

4 5 U.S.C. 603(a), 604(a). 

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. 

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

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–1806; Project 

Identifier MCAI–2023–00934–Q; Amendment 

39–22535; AD 2023–17–09] 

RIN 2120–AA64 

Airworthiness Directives; Cameron 

Balloons Ltd. Fuel Cylinders 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2022–13– 

03, which applied to a certain Cameron 

Balloons Ltd. (Cameron) fuel cylinder 

installed on hot air balloons. AD 2022– 

13–03 required removing any installed 

fuel cylinder part number (P/N) CB2990 

(Alugas) from service before further 

flight. Since the FAA issued AD 2022– 

13–03, the fuel cylinder part number 

has been identified as CB2990/A instead 

of CB2990 (Alugas). This AD requires 

removing any installed fuel cylinders P/ 

N CB2990/A from service before further 

flight. The FAA is issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective September 

13, 2023. 

The FAA must receive comments on 

this AD by October 13, 2023. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–1806; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this final rule, the mandatory 

continuing airworthiness information 

(MCAI), any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

• For service information identified 

in this final rule, contact Cameron 

Balloons Ltd., St Johns Street, 

Bedminster, Bristol, BS3 4NH, United 

Kingdom; phone: +44 0 117 9637216; 

email: technical@

cameronballoons.co.uk; website: 

cameronballoons.co.uk. You may view 

this service information at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 901 Locust 

Street, Kansas City, MO 64106. For 

information on the availability of this 

material at the FAA, call (817) 222– 

5110. It is also available at 

regulations.gov under Docket No. FAA– 

2023–1806. 

FOR FURTHER INFORMATION CONTACT: Fred 

Guerin, Aviation Safety Engineer, FAA, 

1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; phone: (206) 231– 

2346; email: fred.guerin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2023–1806; 

Project Identifier MCAI–2023–00934– 

Q’’ at the beginning of your comments. 

The most helpful comments reference a 

specific portion of the final rule, explain 

the reason for any recommended 

change, and include supporting data. 

The FAA will consider all comments 

received by the closing date and may 

amend this final rule because of those 

comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this final rule. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 


ddrumheller on DSK120RN23PROD with RULES1