Announcement of Program Test: General Aviation Telephonic Entry (GATE)

DEPARTMENT OF THE TREASURY

Customs Service

Announcement of Program Test: General Aviation Telephonic Entry

(GATE)

AGENCY: Customs Service, Treasury.

ACTION: General notice.

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SUMMARY: This notice announces Customs plan to conduct a general test

to evaluate the effectiveness of a new operations procedure regarding

the telephonic entry of certain pre-registered, passenger-carrying,

general aviation aircraft flights entering the United States directly

from Canada. This notice invites public comments concerning any aspect

of the test, informs interested members of the public of the

eligibility requirements for voluntary participation in the test, and

describes the basis on which Customs will select participants for the

test.

EFFECTIVE DATES: Applications will be available and accepted at local

Customs offices beginning September 5, 1996. The test will commence no

earlier than November 4, 1996, and will be evaluated after 1 year.

Comments must be received on or before September 30, 1996. Anyone

interested in participating in the test should contact the nearest

Customs office.

ADDRESSES: Written comments regarding this notice and information

submitted to be considered for voluntary participation in the test

should be addressed to the Process Owner, Passenger Operations

Division, Room 4413, Washington, DC 20229-0001.

FOR FURTHER INFORMATION CONTACT: Robert Jacksta (202) 927-0530.

SUPPLEMENTARY INFORMATION:

Background

At the February 24, 1995, Summit in Ottawa, Canada, President

Clinton and Canadian Prime Minister Chretien announced the signing of

the United States/Canada Accord on our Shared Border for enhancing the

management of the U.S.-Canada border. 31 Weekly Comp.Pres.Doc. 305. The

Shared Border Accord sets out initiatives to promote trade, tourism,

and travel between the two countries by reducing barriers for

legitimate importers, exporters, and travelers, while strengthening

enforcement capabilities to stop the flow of illegal or irregular

movement of goods and people and reducing costs for both governments

and users. One of the specific initiatives in the Shared Border Accord

is a frequent traveler program known as General Aviation Telephonic

Entry (GATE), which is intended to facilitate the entry of certain pre-

registered, passenger-carrying, general aviation aircraft flights

entering the United States directly from Canada, while still preserving

security by maintaining random checks of incoming private aircraft.

Customs is ready to begin testing the GATE program. For programs

designed to evaluate the effectiveness of new technology or operations

procedures regarding the processing of passengers, vessels, or

merchandise, Sec. 101.9(a) of the Customs Regulations (19 CFR

101.9(a)), implements the general testing procedures. This test is

established pursuant to that regulation.

I. Description of Proposed Test

The Concept of Telephonic Entry

Any aircraft arriving in the United States from a foreign airport

or place is required to (1) give advance notification of its arrival,

(2) immediately report its arrival to Customs, and (3) land at the

airport designated by Customs for entry. See, 19 U.S.C. 1433(c) and

implementing Customs Regulations at 19 CFR Part 122, subparts C and D.

Individual passengers are also required to report their arrival to

Customs. See, 19 U.S.C. 1459 and implementing Customs Regulations at 19

CFR 123.1. Because historical data on certain general aviation aircraft

(aircraft comprising private and corporate aircraft, and air ambulances

that have a seating capacity of fifteen or fewer passengers) indicates

a high degree of compliance with Customs and other federal agency

reporting laws, Customs has developed the GATE program to allow certain

pre-registered, passenger-carrying, flights of such aircraft to report

their entry telephonically when entering the United States directly

from Canada. To provide a means for measuring the effectiveness of

GATE, random inspections will be built into the program. Thus, the GATE

program would combine the proven benefits of facilitation and

selectivity, thereby freeing valuable Customs resources for use in

other areas.

The test will be implemented at designated airports of entry

located nation-wide. During the test period, pilots will give advance

notice of their arrival--from a minimum of 3 hours up to a maximum of

72 hours in advance--to Customs by calling 1-800-98-CLEAR, and may

receive advance clearance to land at airports that are not staffed by

Customs, but which have been designated by a port director for program

use, provided that they receive a telephonic entry number.

[[Page 46903]]

Regulatory Provisions Affected

During the GATE test, participants will be provided with a

telephonic entry number in lieu of normal inspection requirements.

Accordingly, the normal arrival reporting and landing requirements of

Part 122 of the Customs Regulations (19 CFR Part 122) will not be

followed. However, participants will still be subject to civil and

criminal penalties and sanctions for any violations of U.S. Customs

laws.

II. Eligibility Criteria

A. Aircraft and Airports of Entry

Only U.S.- and Canadian-registered general aviation aircraft that

will arrive in the United States directly from Canada are eligible to

participate in the GATE test. For purposes of this test, the term

``general aviation aircraft'' means aircraft comprising private and

corporate aircraft, and air ambulances returning to the U.S. with crew

members only, that have a seating capacity of fifteen or fewer

passengers.

Aircraft transiting Canada are not eligible for this test. Further,

aircraft that will carry cargo, merchandise requiring the payment of

Customs duties, restricted or prohibited food products or other

articles, or monetary instruments in excess of $10,000, will not

qualify for this test.

Qualified flights selected to participate in the GATE test will be

allowed to land at most airports of entry located within a reasonable

commuting distance of a port serviced by Customs, provided that the

approving port director has designated the airport for GATE test use.

Most municipally-owned airports and other airports located outside a

particular port's limits may be selected for landing under the GATE

test. The port director approving the application for GATE

participation will designate, on a case-by-case basis, which airports

of entry may be used for landing. Factors that will be considered

include:

--Willingness of an airport operator to participate in the GATE test;

--The distance to the airport from the nearest Customs port, commuting

time required for Customs officers, and Customs officer safety;

--Whether a secure place to work is provided at the airport; and

--Whether communications equipment is accessible.

B. Persons

Participation in the GATE test is voluntary. Only U.S. citizens,

permanent resident aliens of the United States, Canadian citizens, or

landed immigrants in Canada from Commonwealth countries, and who are

regular passengers or flight crews of pre-registered flights, will be

considered for this test. Each applicant should have had (during the

past year) a ``face to face'' inspection by either a U.S. Immigration

or Customs officer, which clearly demonstrates the person's right to

legally enter the United States, and must agree to carry all necessary

personal identification and immigration documents. Persons who have not

had a ``face to face'' inspection during the past year may,

nonetheless, meet this requirement by reporting to the nearest Customs

office with proof of citizenship.

Persons with evidence of a pending or past investigation which

establishes illegal or dishonest conduct, persons involved in a

violation of Customs laws (civil, narcotic violations, smuggling), and

persons found to be inadmissible under the Immigration laws of the

United States are not eligible for this test.

Participation in this test will not constitute confidential

information, and lists of participants will be made available to the

public upon written request.

III. Test Application Procedure

General aviation aircraft owners, operators, and pilots who wish to

have their passenger-carrying flights considered for participation in

the GATE test should contact the Customs office nearest the airport

where they normally land for Customs inspection after the effective

date for this notice specified above, to request an application for

General Aviation Telephonic Entry Program form (Customs Form 442).

Applications must be filed with Customs 45 days prior to the date of

the scheduled flight in order to be considered for participation in the

GATE test.

Selection Standards

Flights will be approved/denied for the GATE test based on whether

the personnel/aircraft information provided on the CF 442 by an

applicant meets all the above eligibility criteria. The local port

office will determine the qualifications of all passengers/pilots/

aircraft, and a letter approving or denying the test application will

be sent to the applicant. Aircraft owners/operators must agree not to

allow their general aviation aircraft to carry passengers who are not

listed and approved on the application. (To allow for the proper

accounting of last-minute personnel changes to an application already

on file with Customs, an Application Addendum form must be completed

and sent to the port where the original application was submitted).

Further, aircraft owners/operators must agree not to allow persons to

carry dutiable/commercial merchandise, restricted or prohibited food

products or other articles, or monetary instruments of $10,000 or more

on test flights.

If an application is denied for any reason other than by reason of

a request by the applicant to land at a particular airport (for

example, a denial based on information concerning passengers, pilots,

or the aircraft), the applicant may appeal the decision to the port

director within 10 working days from receipt of the denial letter. If

the appeal to the port director results in another denial, then the

applicant may appeal directly to the Passenger Process Owner at

Customs' Headquarters within 10 working days from receipt of the second

denial letter.

IV. Test Evaluation Criteria

Customs will review all public comments received concerning any

aspect of the test program or procedures, finalize procedures in light

of those comments, form problem-solving teams, and establish baseline

measures and evaluation methods and criteria. Approximately 120 days

after conclusion of the test, evaluations of the test will be conducted

and final results will be made available to the public upon request.

Dated: August 29, 1996.

Samuel H. Banks,

Assistant Commissioner, Office of Field Operations.

[FR Doc. 96-22576 Filed 9-4-96; 8:45 am]

BILLING CODE 4820-02-P