[Federal Register Volume 61, Number 173 (Thursday, September 5, 1996)]
[Notices]
[Pages 46902-46903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22576]
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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
