Port Passenger Acceleration Service System (PORTPASS) Program

DEPARTMENT OF THE TREASURY

19 CFR Part 123

RIN 1515-AB90

Port Passenger Acceleration Service System (PORTPASS) Program

AGENCY: Customs Service, Treasury.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This document proposes to amend the Customs Regulations to

reference certain Immigration and Naturalization Service (INS)

Regulations that provide for land-border inspection programs jointly

developed with Customs. These land-border inspection programs--

collectively known as Port Passenger Acceleration Service System

(PORTPASS)--are designed to facilitate the processing of certain

identified, pre-registered, low-risk travelers along the United States

border who frequently cross at certain areas by exempting them from

normal report of arrival and presentation for inspection requirements,

while still safeguarding the integrity of the United States land

border. Participation in PORTPASS is voluntary and annual application

fees are charged by the INS.

DATES: Comments must be received on or before November 12, 1996.

ADDRESSES: Written comments (preferably in triplicate) may be addressed

to the Regulations Branch, Office of Regulations and Rulings, U.S.

Customs Service, Franklin Court, 1301 Constitution Avenue, NW,

Washington, D.C. 20229. Comments submitted may be inspected at the

Regulations Branch, Office of Regulations and Rulings, U.S. Customs

Service, Franklin Court, 1099 14th St., NW, Suite 4000, Washington,

D.C.

FOR FURTHER INFORMATION CONTACT: Joseph O'Gorman, Office of Field

Operations, Passenger Operations Division, (202) 927-0543.

SUPPLEMENTARY INFORMATION:

Background

Reporting and Inspection Requirements

Except as otherwise authorized by the Secretary, all individuals

arriving in the United States are required to (1) Enter only at

designated border crossing points, (2) immediately report their arrival

to Customs (and other Federal inspection agencies, such as the

Immigration and Naturalization Service (INS), that have reporting

requirements), and (3) present themselves and their vehicle, and all

persons and merchandise (including baggage) on board, for inspection,

and may not depart from the designated customs border crossing point

until authorized to do so. 19 U.S.C. 1433 and 1459. Failure to report

such arrival and make such presentation for inspection may result in

the individual being liable for certain civil and criminal penalties,

as provided under 19 U.S.C. 1459, in addition to other penalties

applicable under other provisions of law, see, 19 U.S.C. 1436 and 1497.

Customs reporting and inspection requirements applicable to individuals

entering the U.S. at land border crossings are delineated at

Sec. 123.1, Customs Regulations (19 CFR 123.1).

Low-Risk Border-Crossing Facilitating Programs

At certain remote locations along the U.S. land border, these

reporting and inspection requirements often burden low-risk local

residents needing to cross the international border by requiring them

to travel to a land border crossing which may be located a considerable

distance away. Further, the hours of the most convenient land-border

crossing may be limited to 8 hours during the day. To facilitate the

entry processing of such low-risk travelers, Customs and the

Immigration and Naturalization Service (INS) have developed certain

technologically-innovative land-border inspection programs,

collectively known as the Port Passenger Accelerated Service System

(PORTPASS). (See INS document at 60 FR 50386, September 29, 1995,

implementing land border facilitating programs, codified at 8 CFR

235.13). Two land border entry facilitation programs have been

developed thus far under the PORTPASS: One concerns travellers that

enter the U.S. through designated lanes at busy Port of Entry (POE)

crossings (the Dedicated Commuter Lane (DCL) program); the other

concerns local residents who enter the U.S. at remote land border

crossings (the Automated Permit Port (APP) program).

The Dedicated Commuter Lane Program

The DCL program is designed to expedite the entry of low-risk

travelers in privately-owned vehicles through a staffed POE by use of

dedicated express lanes, without inhibiting Customs mandate to enforce

the customs laws of the U.S. and those laws enforced or administered by

Customs, including the prevention of illegal entry of both aliens and

controlled substances into the U.S. The DCL program was implemented as

a pilot program in 1991 at the Peace Arch crossing in Blaine,

Washington. See, 8 CFR 286.8. Program specifics and eligibility

requirements for participation in the DCL program are delineated at

Sec. 235.13 of the INS Regulations (8 CFR 235.13).

The Automated Permit Port Program

The APP program is designed to facilitate border crossings in

remote areas by local residents identified as low-risk who are pre-

authorized to enter the U.S. at designated APPs during periods when the

port is closed, i.e., unstaffed by Customs and INS personnel, while

still safeguarding the integrity of the U.S. border through the use of

automated technology. Although it is anticipated that APPs may be

established wherever there exists identifiable groups of low-risk local

residents along the U.S. border, at present the first of these APPs are

expected to be established at Scobey, Montana, and at Forest City and

Orient, Maine. For program specifics and eligibility requirements for

participation in the APP program, again see Sec. 235.13 of the INS

Regulations.

Although it is only proposed in this document to amend Sec. 123.1

of the Customs Regulations (19 CFR 123.1) to reference Secs. 235.13 and

286.8 of the INS regulations (8 CFR 235.13 and 286.8), which provide

for the PORTPASS program, a general description of the PORTPASS program

requirements follows.

PORTPASS Requirements in General

(1) Eligibility. Participation in PORTPASS is voluntary. Currently,

applicants must be either citizens of the U.S., legal permanent

residents of the U.S., citizens of Canada, landed immigrants of Canada

who are citizens of the Commonwealth countries, or

[[Page 48101]]

other non-immigrants as determined by the Commissioner of the U.S.

Immigration Service.

(2) Application. Application for participation in either or both

facilitated-entry programs under PORTPASS--DCL and APP--is made by

completing INS Form I-823 (Application--Inspections Facilitation

Programs) and paying a non-refundable, annual application fee to the

INS, which is authorized to be collected under their user-fee

legislation. The fee is US$25 per applicant, with the maximum amount

payable by a family (husband, wife, and minor children under 18 years

of age) set at US$50. These fees may be waived for APP applicants. If

fingerprints are required, a separate fingerprinting processing fee

will be charged. Applications must be supported by evidence of

citizenship and, in the case of lawful permanent residents of either

the U.S. or Canada, evidence of legal permanent resident status in the

U.S. or Canada. Evidence of residency must be submitted by all

applicants. Alien applicants requiring a valid visa must be in

possession of such documentation and any other documentation required

by the Immigration and Nationality Act (see, 8 U.S.C. 1201 et seq., as

amended) at the time of the application, at the time of each entry, and

at all times while present in the United States. Applications can be

mailed or submitted, during regular working hours, to Customs/INS

personnel at the POE having jurisdiction over the particular border

crossing for which the applicant requests PORTPASS participation. Each

applicant must present him/herself for inspection by a Customs/

Immigration Officer prior to approval of the application and agree to

abide by the conditions specified at paragraph (4) below. Further,

regarding the DCL program, each vehicle registered by a PORTPASS

participant must be inspected and approved prior to its use in that

program.

Once accepted into a PORTPASS program, an identity card, decal, or

other appropriate identifying device is issued to identify the

participant--and vehicle, in the case of the DCL program--authorized to

participate in a program. However, such identification items remain the

property of the U.S. Government and will be removed/surrendered when

participation is revoked or upon expiration of the authorized period of

use. Authorization to participate in PORTPASS is valid for one year

from the date of acceptance; however, participation may be renewed

annually upon reapplication and payment of the required application

fee.

(3) Denial of application. An application may be denied at the

discretion of either Service--Customs or INS--having jurisdiction over

the land border crossing point. The specific reason(s) for denying an

application will be personally explained to the applicant. While there

will be no appeal from a denial, because the denial will be without

prejudice, the applicant may reapply immediately.

(4) Conditions for participation in PORTPASS. Because participation

in the PORTPASS programs constitutes an exception to the normal

reporting and presentation for inspection requirements contained at 19

CFR 123.1, participants must agree to abide by the following

conditions:

(i) Facilitated entry into the U.S. is authorized only at the land-

border crossing approved. Participants who wish to enter the U.S.

through other land-border crossings must make separate application for

each land-border crossing and comply with all applicable program

requirements.

(ii) Whenever an authorized vehicle carries passengers, each

passenger must be individually authorized under the same PORTPASS

program to make facilitated entry into the U.S. at that land-border

crossing.

(iii) Participants must be in possession of all documents issued

that authorize participation in the PORTPASS program and any other

entry documents as required by regulation each time facilitated entry

is made into the U.S. For example, alien applicants requiring either a

valid visa or Nonresident Alien Border Crossing Identification Card

must be in possession of such documentation each time facilitated entry

into the U.S. is made.

(iv) Participants shall not import merchandise in excess of

applicable personal duty exemptions (see generally, subparts D (for

residents) and E (for nonresidents) of 19 CFR Part 148), negotiable

instruments in amounts subject to reporting requirements, commercial

merchandise, or prohibited/restricted merchandise. Importation of such

merchandise precludes facilitated entry into the U.S. under PORTPASS

and requires the application of normal entry procedures established

under the Customs laws and regulations and the laws and regulations

administered by other Federal inspection agencies.

(v) Participants agree to abide by all Federal, state, and local

laws regarding the importation of alcohol or agricultural products or

the importation or possession of controlled substances, as defined at

section 101 of the Controlled Substance Act (21 U.S.C. 802).

(vi) Participants agree that Customs retains the right to conduct

inspections within its legal authority to ensure compliance with

PORTPASS requirements.

Violation of any of the conditions applicable to facilitated entry

or other Customs laws and regulations and other laws and regulations

administered by Federal inspection agencies will result in revocation

of PORTPASS participation authorization and may lead to other

applicable sanctions, such as administrative and/or criminal

prosecution, deportation (if applicable), as well as possible seizure

of the goods and/or the vehicle.

As stated above, it is only proposed in this document to amend

Sec. 123.1 of the Customs Regulations (19 CFR 123.1) to reference the

INS regulations at Secs. 235.13 and 286.8, which provide the program

specifics for the PORTPASS.

Comments

Before adopting this proposed regulation as a final rule,

consideration will be given to any written comments timely submitted to

Customs. Comments submitted will be available for public inspection in

accordance with the Freedom of Information Act (5 U.S.C. 552), Sec. 1.4

of the Treasury Department Regulations (31 CFR 1.4), and Sec. 103.11(b)

of the Customs Regulations (19 CFR 103.11(b)), on regular business days

between the hours of 9 a.m. and 4:30 p.m. at the Regulations Branch,

Office of Regulations and Rulings, U.S. Customs Service, Franklin

Court, 1099 14th St., NW., 4th floor, Washington, DC.

Inapplicability of the Regulatory Flexibility Act, and Executive Order

12866

Pursuant to provisions of the Regulatory Flexibility Act (5 U.S.C.

601 et seq.), it is certified that, if adopted, the proposed amendments

will not have a significant economic impact on a substantial number of

small entities, as the proposed amendments concern the entry status of

individuals. Accordingly, the proposed amendments are not subject to

the regulatory analysis or other requirements of 5 U.S.C. 603 and 604.

This amendment does not meet the criteria for a ``significant

regulatory action'' as specified in Executive Order 12866.

Drafting Information: The principal author of this document was

Gregory R. Vilders, Attorney, Regulations Branch. However, personnel

from other offices participated in its development.

[[Page 48102]]

List of Subjects

19 CFR Part 123

Administrative practice and procedure, Aliens, Canada, Customs

duties and inspection, Fees, Forms, Immigration, Imports, Mexico,

Reporting and recordkeeping requirements, Test programs.

Amendments to the Regulations

For the reasons stated above, it is proposed to amend part 123 of

the Customs Regulations (19 CFR part 123), as set forth below:

PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO

1. The authority citation for part 123 continues to read as

follows:

Authority: 19 U.S.C. 66, 1202 (General Note 20, Harmonized Tariff

Schedule of the United States (HTSUS)), 1431, 1433, 1624.

* * * * *

2. In Sec. 123.1, it is proposed to amend the first sentence in

paragraph (a) by adding the words ``, unless excepted by voluntary

enrollment in and compliance with PORTPASS--a joint Customs Service/

Immigration and Naturalization Service facilitated entry program (See,

Immigration and Naturalization Regulations at 8 CFR 235.13),'' after

the words ``Individuals arriving in the United States''; and, to amend

paragraph (b) by removing the second and third sentences and adding, in

their place, the sentence that reads as follows:

Sec. 123.1 Report of arrival from Canada or Mexico and permission to

proceed.

* * * * *

(b) Vehicles. * * *. Upon arrival of the vehicle in the U.S., the

driver shall, unless he or she and all of the vehicle's occupants are

excepted by enrollment in, and in compliance with, PORTPASS--a joint

Customs Service/ Immigration and Naturalization Service facilitated

entry program (See, Immigration and Naturalization Regulations at 8 CFR

235.1 and 286.8), immediately report such arrival to Customs, and shall

not depart or discharge any passenger or merchandise (including

baggage) without authorization by the appropriate Customs officer.

* * * * *

Approved: July 29, 1996.

George J. Weise,

Commissioner of Customs.

Dennis M. O'Connell,

Acting Deputy Assistant Secretary of the Treasury.

[FR Doc. 96-23361 Filed 9-11-96; 8:45 am]

BILLING CODE 4820-02-P