Announcement of Second Test of General Aviation Telephonic Entry (Gate II)

DEPARTMENT OF THE TREASURY

Customs Service

Announcement of Second Test of General Aviation Telephonic Entry

(Gate II)

AGENCY: Customs Service, Treasury.

ACTION: General notice.

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

test to evaluate further the effectiveness of new operational

procedures regarding the processing of aircraft by way of telephonic

entry of certain pre-registered, passenger-carrying, general aviation

aircraft flights entering the United States directly from Canada. This

second test will expand the scope of participation to ports with one

full-time inspector and will include approved small charter/air taxi

aircraft returning with crew members only. 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 the

Customs office located at the Detroit Metropolitan Airport beginning

July 6, 1998. The test will commence no earlier than August 5, 1998,

and will be evaluated after 1 year. Comments must be received on or

before August 5, 1998.

ADDRESSES: Applications to participate in the program test are

available from and should be mailed to the Detroit Metropolitan

Airport: U.S. Customs Service, GATE Program Center, International

Terminal, Detroit Metropolitan Airport, Detroit, Michigan 48242.

Written comments regarding this notice should be addressed to: U.S.

Customs Service, Passenger Process Owner, Passenger Operations

Division, 1300 Pennsylvania Ave., NW, Room 5.4-D, Washington, DC 20229-

0001.

FOR FURTHER INFORMATION CONTACT: Priscilla Frink (202) 927-1323.

SUPPLEMENTARY INFORMATION:

Background

On November 4, 1996, Customs implemented the General Aviation

Telephonic Entry (GATE) Program on a test basis 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 (see

61 FR 46902, dated September 5, 1996). The test was to last one year

and the results evaluated. Although the initial test was to be open to

all eligible flights along the northern border, because of personnel

constraints and other matters, many flights could not participate in

the GATE test.

Accordingly, because the evaluation of the initial test yielded

only partial results and an analysis of the comments received showed a

willingness to participate in GATE by the traveling community if only

the program were more readily available, Customs has decided to conduct

a second test of GATE. This second test will expand the scope of

participation to ports with one full-time inspector and will allow

approved small charter/air taxi aircraft returning with crew members

only. Customs will implement the second test for not less than 1 year;

however, the

[[Page 36484]]

test may be extended for an additional time period not to exceed 180

days.

For programs designed to evaluate the effectiveness of new

technology or operational 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 Part 123. 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)

indicated a high degree of compliance with Customs and other federal

agency reporting laws, Customs 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 were built into the program.

Thus, the GATE program was designed to combine the proven benefits of

facilitation and selectivity, thereby freeing valuable Customs

resources for use in other areas.

The initial test was implemented at designated airports located

nation-wide for flights entering the United States directly from

Canada. (Flights arriving from areas south of the United States that

were subject to the provisions of Sec. 122.23 (19 CFR 122.23) were not

eligible for this test). During the test period, pilots gave 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 approved

flights received advance clearance to land at a designated airport,

provided the pilot(s) received a telephonic entry number.

Regulatory Provisions Affected

During this second GATE test, participants again will be provided

with a telephonic entry number in lieu of having to comply with normal

inspection requirements. Accordingly, for test participants the normal

arrival reporting and landing requirements of Parts 122 and 123 of the

Customs Regulations (see, 19 CFR Parts 122, subparts C and D, and 123)

will not be followed. However, participants will still be subject to

civil and criminal penalties and sanctions for any violations of other

U.S. Customs laws.

II. Eligibility Criteria

A. Aircraft & Airports

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, approved small charter/air taxi aircraft and air

ambulances that have a seating capacity of fifteen or fewer passengers

that are returning to the U.S. with crew members only.

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

flights that arrive from areas south of the United States and are

subject to the provisions of Sec. 122.23 (19 CFR 122.23) 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.

GATE flights will be allowed to land at airports within a port of

entry and most airports that are located within a reasonable commuting

distance from a port of entry, provided the local port director having

jurisdiction over the airport has designated the airport for GATE-test

use. Although many airport locations have already been approved for

GATE participation, other airports located outside of a port of entry

may be approved by the local port director, based on a review of the

facility after it is requested as a designated airport on an

application. In such cases, the port director will take the following

factors into consideration in determining whether to designate an

airport for GATE-test use:

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

--The distance to the airport from the nearest Customs port of entry

(so that random inspections can be performed), 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 must have a ``face to face''

inspection with 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 with evidence of a pending or past investigation which

establishes illegal or dishonest conduct, persons involved in a

violation of Customs laws (for example, civil, controlled substance

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 at Detroit Metropolitan

Airport in Michigan at the address listed at the front of this document

to request an application for General Aviation Telephonic Entry Program

form (Customs Form 442). Applications must be filed with the Customs

port at Detroit Metropolitan Airport in Michigan 30 days prior to the

date of the first scheduled flight in order to be considered for

participation in the GATE test.

Selection Standards

Applicants will be approved/denied for the GATE test based on

whether the personnel/aircraft information provided on the CF 442 meets

all the above eligibility criteria. The port of Detroit, Michigan 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

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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 Customs office at Detroit

Metropolitan Airport). 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 because a

particular airport is not designated for GATE-test use (for example, a

denial based on information concerning passengers, pilots, or the

aircraft), the applicant may appeal the decision to the Detroit 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. After the second test

period is concluded, evaluations of the test will be conducted and

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

Dated: June 26, 1998.

John B. McGowan,

Acting Assistant Commissioner, Office of Field Operations.

[FR Doc. 98-17818 Filed 7-2-98; 8:45 am]

BILLING CODE 4820-02-P