Port Passenger Acceleration Service System (PORTPASS) Program

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 123

RIN 1515-AB90

[T.D. 97-48]

Port Passenger Acceleration Service System (PORTPASS) Program

AGENCY: Customs Service, Treasury.

ACTION: Final rule.

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SUMMARY: This document amends the Customs Regulations to reference

certain Immigration and Naturalization Service (INS) Regulations that

provide for land-border inspection programs that were 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.

EFFECTIVE DATE: July 14, 1997.

FOR FURTHER INFORMATION CONTACT: Kimberly Sellers, Office of Field

Operations, Passenger Operations Division, (202) 927-0531.

SUPPLEMENTARY INFORMATION:

Background

To facilitate the entry processing of certain low-risk land-border

travelers, Customs and the Immigration and Naturalization Service (INS)

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

[[Page 32031]]

under the PORTPASS: one concerns travelers 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). Participation in PORTPASS is voluntary and,

because such participation constitutes an exception to the normal

reporting and presentation for inspection requirements contained at 19

CFR 123.1, participants must agree to abide by certain conditions and

restrictions.

Because PORTPASS program specifics are provided for under the INS

Regulations (title 8 of the Code of Federal Regulations), Customs

decided to provide notice of PORTPASS by cross referencing those INS

Regulations in the Customs Regulations. Accordingly, on September 12,

1996, Customs published a notice of proposed rulemaking in the Federal

Register (61 FR 48100) that solicited comments concerning a proposal 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.

The public comment period for the proposed amendment closed

November 12, 1996. One comment was received, which, although discussed

below, was not within the scope of the proposed amendment to the

Customs Regulations. Accordingly, Customs has decided to adopt the

proposed amendment to Part 123 of the Customs Regulations without

change.

Discussion of Comment

Comment: One comment was received from the Air Transport

Association of America which, while applauding Customs effort to

facilitate the low risk land-border traveler, inquired if such

innovations would be expanded to the airport inspection environment.

Customs response: A number of initiatives unique to the air

environment are available to benefit the air passenger. The

preclearance program is designed to expedite entry into the United

States for air passengers traveling directly into the United States

from Canada and the Caribbean; the Advanced Passenger Information

System is designed to facilitate entry into the United States for

passengers on participating carriers; and the General Aviation

Telephonic Entry Program, currently being tested (see, 61 FR 46902),

which provides telephonic entry into the United States for qualifying

general aviation aircraft entering the United States from Canada has

been developed for private aircraft. Other additional methods to

further expedite air passengers are currently under consideration as

part of the National Performance Review (NPR).

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 the amendment will not have a

significant economic impact on a substantial number of small entities,

as the amendment concerns the entry status of individuals. Accordingly,

the amendment is 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.

List of Subjects in 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.

Amendment to the Regulations

For the reasons stated above, part 123 of the Customs Regulations

(19 CFR part 123) is amended as set forth below:

PART 123--CUSTOMS RELATIONS WITH CANADA AND MEXICO

1. The general 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, the first sentence in paragraph (a) is amended 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, paragraph (b) is

amended 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, 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 shall report such arrival to Customs, and

shall not depart or discharge any passenger or merchandise (including

baggage) without authorization by the appropriate Customs officer.

* * * * *

George J. Weise,

Commissioner of Customs.

Approved: May 21, 1997.

Dennis M. O'Connell,

Acting Deputy Assistant Secretary of the Treasury.

[FR Doc. 97-15329 Filed 6-11-97; 8:45 am]

BILLING CODE 4820-02-P