[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Rules and Regulations]
[Pages 27161-27175]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10767]


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DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 103 and 235

[Docket No. USCBP-2013-0029: CBP Decision No. 14-05]
RIN 1651-AB01


The U.S. Asia-Pacific Economic Cooperation Business Travel Card 
Program

AGENCY: U.S. Customs and Border Protection. DHS.

ACTION: Interim final rule.

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SUMMARY: This interim final rule establishes the U.S. Asia-Pacific 
Economic Cooperation (APEC) Business Travel Card Program. APEC is an 
economic forum comprised of twenty-one members, including the United 
States, whose primary goal is to support sustainable economic growth 
and prosperity in the Asia-Pacific region. One of APEC's initiatives is 
the APEC Business Travel Card Program. The U.S. APEC Business Travel 
Card Program will provide qualified U.S. business travelers engaged in 
business in the APEC region or U.S. Government officials actively 
engaged in APEC business the ability to access fast-track immigration 
lanes at participating airports in foreign APEC economies. This rule 
sets forth the parameters of the program, the eligibility requirements, 
the application procedures, the duration of the program and the fee. In 
accordance with the authorizing law, DHS will not issue any new U.S. 
APEC Business Travel Cards or renew any U.S. APEC Business Travel Cards 
after September 30, 2018. Unless the law is amended to extend the 
duration of the U.S. APEC Business Travel Card Program, all U.S. APEC 
Business Travel Cards will expire by September 29, 2021.

DATES: This interim final rule is effective on June 12, 2014. Comments 
must be received on or before June 12, 2014.

ADDRESSES: You may submit comments, identified by docket number USCBP-
2013-0029, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Border Security Regulations Branch, Regulations and 
Rulings, Office of International Trade, U.S. Customs and Border 
Protection, 90 K Street NE., 10th Floor, Washington, DC 20229-1177.
    Instructions: All submissions received must include the agency name 
and docket title for this rulemaking, and must reference docket number 
USCBP-2013-0029. All comments received will be posted without change to 
http://www.regulations.gov, including any personal information 
provided. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the ``Public 
Participation'' heading of the SUPPLEMENTARY INFORMATION section of the 
document.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov. Submitted comments 
may also be inspected during regular business days between the hours of 
9 a.m. and 4:30 p.m. at the Office of International Trade, Customs and 
Border Protection, 90 K Street NE., 10th Floor, Washington, DC. 
Arrangements to inspect submitted comments should be made in advance by 
calling Mr. Joseph Clark at (202) 325-0118.

FOR FURTHER INFORMATION CONTACT: Mr. David Sanchez, Office of Field 
Operations, (202) 344-1004, [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Public Participation
II. Background

[[Page 27162]]

    A. The Asia-Pacific Economic Cooperation (APEC)
    B. The APEC Business Travel Card Program
    1. ABTC Program Operating Framework
    2. Standards for ABTCs
    C. U.S. Participation in ABTC
    1. U.S. APEC Business Travel Card (ABTC) Program
    2. General Description
    3. Eligibility Requirements
    a. Global Entry
    b. NEXUS
    c. SENTRI
    d. Eligibility Requirements of Global Entry, NEXUS and SENTRI
    4. Conditions for Use of the U.S. ABTC
    5. U.S. ABTC Application Process/Payment of Fee
    6. Validity Period
    7. Expedited Entry Privileges
    8. Entry Requirements
    9. Denial, Removal and Suspension
    10. Redress Procedures
    11. Duration of U.S. ABTC Program
    D. Payment of U.S. ABTC Fee
III. Statutory and Regulatory Requirements
    A. Administrative Procedure Act
    B. Executive Order 12866 and Executive Order 13563
    1. Synopsis
    2. Background
    3. U.S. ABTC Applicant Categories
    a. U.S. ABTC Applicants Who Are Currently Members of a CBP 
Trusted Traveler Program
    b. U.S. ABTC Applicants Who Are Not Currently Members of a CBP 
Trusted Traveler Program
    4. Number of U.S. ABTC Applicants
    5. Cost
    6. Benefits
    7. Net Benefits
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act of 1995
    E. Executive Order 13132
    F. Paperwork Reduction Act
    G. Privacy
    H. Signing Authority
IV. Authority
List of Subjects
Amendments to Regulations

I. Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of the 
rule. Comments that will provide the most assistance will reference a 
specific portion of the rule, explain the reason for any recommended 
change, and include data, information, or authority that support such 
recommended change.

II. Background

A. The Asia-Pacific Economic Cooperation (APEC)

    The United States is a member of APEC, which is an economic forum 
comprised of twenty-one members whose primary goal is to support 
sustainable economic growth and prosperity in the Asia-Pacific 
region.\1\ The other members include: Australia, Brunei Darussalam, 
Canada, Chile, China, Hong Kong China, Indonesia, Japan, Korea, 
Malaysia, Mexico, New Zealand, Papua New Guinea, Peru, Philippines, 
Russia, Singapore, Chinese Taipei, Thailand, and Vietnam. One of APEC's 
primary goals is to facilitate business by reducing the costs of 
business transactions and to help importers and exporters in the Asia-
Pacific region meet to conduct business more efficiently. APEC is 
committed to facilitating travel for qualified business people within 
the APEC region by promoting free, open trade and investment.
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    \1\ APEC members are also referred to as `economies' since the 
APEC process is primarily concerned with trade and economic issues 
with the members engaging each other as economic entities. The most 
recently updated list of members is available at the APEC Web site 
at www.apec.org/About-Us/About-APEC/Member-Economies.aspx. For 
simplicity, we will generally refer to them in the preamble of this 
document as APEC members.
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B. The APEC Business Travel Card Program

    One of APEC's business facilitation initiatives is the APEC 
Business Travel Card (ABTC) Program. Under the ABTC Program, APEC 
members can issue cards to business travelers and senior government 
officials who meet certain standards established by the members to 
provide simpler short-term entry procedures within the APEC region. 
Applicants are screened against security and immigration databases to 
ensure that they are trusted travelers, and must be pre-cleared by 
participating members to receive the card.
1. ABTC Program Operating Framework
    All twenty-one APEC members participate in the ABTC Program and 
intend to follow the operating procedures set out in the APEC Business 
Travel Card Operating Framework, dated October 2010 (``APEC 
Framework'').\2\ The APEC Framework distinguishes between fully 
participating and transitional APEC members for purposes of the ABTC 
Program. Transitional members meet some, but not all, of the APEC 
Framework's principles and are committed to progressing towards meeting 
all the principles.
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    \2\ Although participating members agree to adhere to the 
operating principles and procedures outlined, the document is not 
legally binding.
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    Of the twenty-one APEC members, nineteen are full members and two 
are transitional members of the ABTC Program. All nineteen fully 
participating APEC members currently issue ABTCs to their qualifying 
citizens and allow other members' card holders to apply for ``pre-
clearance.'' \3\ Full members do not require any ABTC holders they have 
already pre-cleared to make a separate application for a business visa 
for travel to their member economy and expedited immigration processing 
when they arrive. Canada and the United States are currently 
transitional members because they do not offer visa-free travel for 
ABTC holders unless they otherwise qualify for visa-free travel, and 
they do not accept an application for ABTC pre-clearance in lieu of a 
visa application and applicable fees.
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    \3\ The term pre-clearance as used in the APEC Framework has a 
different meaning than the usual meaning ascribed to that term by 
CBP, which is the tentative examination and inspection of air 
travelers and their baggage at foreign places where CBP personnel 
are stationed for that purpose.
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    Under the APEC Framework, the ABTC enables access to fast-track 
immigration lanes at members' participating airports. All APEC members 
have fast-track immigration lanes for priority processing. In addition, 
under the APEC Framework, fully participating members may provide 
``pre-clearance benefits'' to card holders of other fully participating 
members, meaning that the pre-cleared card holders would not need to 
complete a separate application for visas or entry permits to travel to 
the territory of other participating APEC members. Most fully 
participating ABTC member economies accept the ABTC in lieu of a visa 
for a pre-cleared card holder during the entire time the ABTC is valid. 
Pursuant to the APEC Framework, the card holder may also need to 
present a valid passport or other documentation (such as an arrival/
departure card). Fully participating members may choose to provide full 
``pre-clearance benefits'' to any transitional member whether or not 
the transitional member provides similar full ``pre-clearance 
benefits.'' The ABTC Program does not affect the right of each member 
economy to determine who may travel to, enter and remain in that 
economy, including ABTC holders.
2. Standards for ABTCs
    According to the APEC Framework, each APEC member can either issue 
its own ABTCs or have a private entity issue them on its behalf. In 
either case, the APEC member may only issue an ABTC to its own 
citizens.\4\ The design and content of the card is set out in the APEC 
Framework. The card follows standards produced by the International

[[Page 27163]]

Civil Aviation Organization (ICAO) and includes: the card holder's 
signature, the document number, the issuing economy, the document type 
code, the document expiration date, and the surname and given name, sex 
and date of birth, and economy of the card holder.
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    \4\ In the case of Hong Kong China, ABTCs may be issued to Hong 
Kong China permanent residents who hold Hong Kong permanent identity 
cards. See APEC Framework 3.1.2.
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    Individuals may apply for the ABTC if they: are citizens of a 
participating economy \5\; have never been convicted of a criminal 
offense; hold a valid passport issued by the home economy \6\; and are 
bona fide business persons engaged in business who may need to travel 
frequently on short-term visits within the APEC region to fulfill 
business commitments. A bona fide business person is defined in the 
APEC Framework as a person who is engaged in the trade of goods, the 
provision of services, or the conduct of investment activities.
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    \5\ In the case of Hong Kong China, this applies to its 
permanent residents who hold Hong Kong permanent identity cards.
    \6\ In the case of Hong Kong China, this applies to its 
permanent residents who hold a Hong Kong Special Administrative 
Region passport or a valid travel document issued by another country 
or territory.
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    In addition, senior Government officials or other government 
officials actively engaged in APEC business may be eligible for an 
ABTC. Each APEC member determines its own definition of the term 
``senior Government official.''
    According to the APEC Framework, the following persons are not 
eligible for ABTCs: The business person's dependent spouse and 
children; persons who wish to engage in paid employment (obtain a paid 
employment position located in a foreign APEC economy) or a working 
holiday; and professional athletes, news correspondents, entertainers, 
musicians, artists, or persons engaged in similar occupations. These 
eligibility requirements apply whether the individual is a citizen \7\ 
of a transitional or fully participating member. The APEC Framework 
provides that members may impose additional eligibility criteria.
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    \7\ In the case of Hong Kong China, ABTCs may be issued to Hong 
Kong China permanent residents who hold Hong Kong permanent identity 
cards.
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    Under the APEC Framework, APEC members may charge a fee to issue 
the ABTC, which is valid for three years from the date of issuance or 
the date the ABTC card holder's passport expires if that is earlier. 
The ABTC is not transferable. Although not explicitly stated in the 
APEC Framework, in order to continue receiving benefits, an ABTC holder 
must renew his or her ABTC and pay any requisite fee prior to the ABTC 
expiration. For more information on APEC and the ABTC, please refer to 
http://www.apec.org/.

C. U.S. Participation in ABTC

    As a member of APEC, the United States recognizes ABTCs from other 
members and provides fast track immigration processing lanes, typically 
allowing ABTC holders to use diplomatic or crew lines at airports. 
However, as a transitional member in the ABTC Program, the United 
States does not offer visa-free travel for ABTC holders from economies 
that do not participate in the Visa Waiver Program or otherwise have 
visa free travel to the U.S., and does not accept an ABTC pre-clearance 
application in lieu of a visa application. ABTC holders entering the 
United States are subject to the inspection process that is applicable 
to other travelers, including the presentation of valid passports and, 
where applicable, valid visas.\8\ Although the United States requires 
visas for ABTC holders to travel to the United States, it affords ABTC 
holders from APEC members expedited visa interview scheduling at 
embassies and consulates abroad. All U.S. embassies and consulates in 
APEC member economies have procedures to expedite the scheduling of 
visa interviews for ABTC holders seeking to travel to the United 
States.
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    \8\ As provided in the APEC Framework, the ABTC scheme does not 
affect the right of each APEC economy to determine who may travel 
to, enter and remain in that economy, including after a business 
person has been issued an ABTC. Therefore, the issuance of a U.S. 
ABTC to a qualifying individual does not affect the right of a 
foreign APEC economy to determine whether the U.S. ABTC holder may 
travel to, enter and remain in that economy.
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    The United States currently does not issue ABTCs to U.S. 
citizens.\9\ Therefore, U.S. travelers visiting other APEC members do 
not receive similar expedited processing that individuals from other 
APEC members receive when they visit the United States.
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    \9\ The purpose of this regulation is to issue U.S. ABTCs to 
U.S. citizens.
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    On November 12, 2011, President Obama signed the Asia-Pacific 
Economic Cooperation Business Travel Cards Act of 2011 (APEC Act). 
Public Law 112-54, 125 Stat. 550. The APEC Act authorizes the Secretary 
of Homeland Security, in coordination with the Secretary of State, to 
issue U.S. ABTCs through September 30, 2018, to any eligible person, 
including business persons and U.S. Government officials actively 
engaged in APEC business. The APEC Act also authorizes the Secretary of 
Homeland Security to prescribe and collect a fee for the issuance of 
U.S. ABTCs. The APEC Act provides that an individual may not receive a 
U.S. ABTC unless the individual has been approved and is in good 
standing in an international trusted traveler program of DHS.
    The APEC Act authorizes the Secretary of Homeland Security, in 
coordination with the Secretary of State, to prescribe the necessary 
regulations, including regulations regarding conditions of or 
limitations on eligibility for an ABTC. The APEC Act also provides that 
the Secretary of Homeland Security may consult with the appropriate 
private sector entities.
    DHS has consulted closely with the Department of State regarding 
the establishment and policies of the U.S. ABTC Program. DHS has also 
consulted with the private sector through its participation in a 
discussion panel at the Asia-Pacific Council of American Chamber of 
Commerce and attendance at the APEC Business Mobility Group 
meetings.\10\
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    \10\ APEC Business Advisory Council representatives are invited 
to attend the APEC Business Mobility Group meetings.
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    As a result of the APEC Act and DHS's consultation with the 
Department of State and the private sector, DHS is establishing a U.S. 
ABTC Program and plans to issue its own ABTCs (U.S. ABTCs). This action 
will allow U.S. citizens traveling to other APEC members to receive 
expedited processing that individuals from other APEC members receive 
when they visit the United States.
1. U.S. APEC Business Travel Card (ABTC) Program
    This rule promulgates regulations that adhere to the current APEC 
Framework \11\ as of the publication of this rule and implement the 
U.S. ABTC Program and fee. 8 CFR 235.13 and 8 CFR 103.7(b)(1)(ii)(N). 
Section 235.13 includes a general description of the program, 
eligibility requirements, application procedures, enrollment period, 
and the requirement to pay an application fee as specified in section 
103.7(b)(1)(ii)(N). Section 103.7(b)(1)(ii)(N) specifies the amount of 
the fee.
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    \11\ The current version of the APEC Framework is Version 17, 
agreed to on January 30, 2013. Any subsequent revisions to the APEC 
Framework that directly affect the U.S. ABTC may require a 
regulatory change.
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2. General Description
    The U.S. ABTC Program is a voluntary program designed to facilitate 
travel for bona fide U.S. business persons engaged in business in the 
APEC region and U.S. government officials actively engaged in APEC 
business within the APEC region.

[[Page 27164]]

Participants who receive a U.S. ABTC will be able to access fast-track 
immigration lanes at participating airports in foreign APEC member 
economies. See 8 CFR 235.13(a). A list of the airports where ABTC 
holders may access fast-track immigration lanes is available at http://travel.apec.org/abtc-summary.html.
3. Eligibility Requirements
    This rule sets forth eligibility criteria for the U.S. ABTC Program 
that satisfy the requirements of the APEC Framework and the APEC Act. 
First, in accordance with the APEC Framework, to participate in the 
U.S. ABTC Program, the individual must be a U.S. citizen.
    Second, this rule requires that the individual must be a bona fide 
business person engaged in business in the APEC region or a U.S. 
Government official actively engaged in APEC business. The rule defines 
several terms to determine whether an individual is eligible to 
participate in the program. For purposes of this rule only, DHS defines 
the APEC Framework term ``senior Government official'' to mean a U.S. 
Government official actively engaged in APEC business. DHS defines 
``APEC business'' to mean U.S. government activities that support the 
work of APEC. Pursuant to the APEC Framework, a ``bona fide business 
person engaged in business in the APEC region'' means a person engaged 
in the trade of goods, the provision of services or the conduct of 
investment activities in the APEC region. As specified in the APEC 
Framework, professional athletes, news correspondents, entertainers, 
musicians, artists or persons engaged in similar occupations are not 
considered to be bona fide business travelers engaged in business in 
the APEC region.
    Finally, this rule requires that the individual be an existing 
member in good standing of a CBP trusted traveler program or one who is 
approved for membership in a CBP trusted traveler program during the 
U.S. ABTC application process. This trusted traveler criterion is 
included in the APEC Act. Although the APEC Act refers to membership in 
a DHS trusted traveler program, not all DHS trusted traveler programs 
are compatible with U.S. ABTC travel. Therefore, DHS has limited 
eligibility to participants of the trusted traveler programs that are 
conducive with the type of international travel contemplated by the 
U.S. ABTC Program. These trusted traveler programs include: (a) Global 
Entry, (b) NEXUS, and (c) Secure Electronic Network for Travelers Rapid 
Inspection (SENTRI). These three CBP trusted traveler programs fit the 
parameters of the U.S. ABTC Program due to their eligibility 
requirements, vetting process and expedited processing at ports of 
entry.\12\
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    \12\ Other DHS trusted traveler programs such as FAST and TSA 
Precheck do not fit the parameters of the U.S. ABTC Program due to 
their vetting process and their inapplicability to international air 
travel.
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a. Global Entry
    Global Entry is a voluntary international trusted traveler program 
that allows for the expedited clearance of pre-approved, low-risk 
travelers arriving in the United States at Global Entry kiosks located 
at designated airports. See 8 CFR 235.12. More information about the 
program is available at http://www.globalentry.gov.
b. NEXUS
    NEXUS is a jointly administered U.S.-Canada trusted traveler 
program established in 2002 as part of the U.S.-Canada Shared Border 
Accord. NEXUS allows pre-approved, low-risk travelers expedited 
processing for land, air and sea travel between the United States and 
Canada at dedicated processing lanes at designated northern border land 
ports of entry, at NEXUS kiosks at U.S. pre-clearance airports in 
Canada, and at marine reporting locations. Additionally, NEXUS 
participants may utilize Global Entry kiosks. An applicant may qualify 
to participate in NEXUS if he or she is a citizen or lawful permanent 
resident of the United States or Canada. To participate in NEXUS, both 
the United States and Canada must approve the individual's application. 
Additional details regarding the NEXUS trusted traveler program may be 
found at http://www.globalentry.gov/nexus.html.
c. SENTRI
    The SENTRI trusted traveler program allows pre-approved, low-risk 
travelers expedited entry at specified land border ports along the 
U.S.-Mexico border. Additionally, SENTRI participants may utilize 
Global Entry kiosks. The program is described in 8 CFR 235.7.\13\ 
Additional details regarding the SENTRI trusted traveler program can be 
found at http://www.globalentry.gov/sentri.html.
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    \13\ SENTRI is also referred to as a PortPass program. Section 
235.7 is the PortPass program regulation.
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d. Eligibility Requirements of Global Entry, NEXUS, and SENTRI
    In general, to participate in any of these three CBP trusted 
traveler programs, a person must meet the eligibility requirements, 
apply in advance, pay the requisite non-refundable fee, undergo vetting 
by CBP, and be accepted into the program. All applicants must 
voluntarily undergo a thorough background check against criminal, law 
enforcement, customs, immigration, intelligence, and terrorist 
databases, a 10-fingerprint law enforcement check, and a personal 
interview with a CBP officer. Persons who, for example, have been 
convicted of a criminal offense may not be eligible for participation 
in CBP's trusted traveler programs. Travelers who wish to participate 
in Global Entry, NEXUS or SENTRI must apply via the Global On-Line 
Enrollment System (GOES) Web site, https://goes-app.cbp.dhs.gov, or 
other CBP-approved process. Applications must be completed and 
submitted electronically. After submitting the application, the 
applicant will be notified by CBP to schedule an in-person interview at 
one of the enrollment centers.
    Each applicant accepted into a CBP trusted traveler program is 
accepted for a period of five years provided participation is not 
suspended or terminated by CBP prior to the end of the five years. Each 
applicant may apply to renew participation up to one year prior to the 
close of the participation period.
    Under this rule, an individual who wants to apply for the U.S. ABTC 
Program and is not a member of a CBP trusted traveler program must also 
apply for a CBP trusted traveler program. An individual may either 
apply to a CBP trusted traveler program in advance of applying for a 
U.S. ABTC or may apply concurrently with the U.S. ABTC Program 
application. The details are explained in the section below entitled 
U.S. ABTC Application Process.
4. Conditions for Use of the U.S. ABTC
    This rule specifies that pursuant to the APEC Framework, the U.S. 
ABTC is not transferable and may be used only by the U.S. ABTC holder 
and not anyone else including the card holder's spouse or child. It 
also provides that pursuant to the APEC Framework, in order to use the 
U.S. ABTC, the card holder must be traveling solely for business 
purposes in the foreign APEC economy and not engaging in paid 
employment in the foreign APEC economy. As stated in the APEC 
Framework, the ABTC is intended for business persons who travel 
frequently on short term visits within the APEC region to fulfill 
business commitments.

[[Page 27165]]

5. U.S. ABTC Application Process/Payment of Fee
    Under this rule, each applicant must complete and submit an 
application electronically through the GOES Web site or other approved 
process as determined by CBP. The current process is GOES. If CBP 
changes the approved process for submitting an application, the public 
will be notified through a Federal Register notice and the CBP Web 
site, http://www.globalentry.gov. To apply for a U.S. ABTC, an 
individual must apply via the GOES Web site, https://goes-app.cbp.dhs.gov. This is the same Web site that is used to apply for 
CBP's trusted traveler programs. A detailed description of the GOES 
process is contained in 8 CFR 235.12.
    If the applicant is not already a member of a CBP trusted traveler 
program, he or she must also apply for a CBP trusted traveler program 
in GOES. Active membership in a CBP trusted traveler program is 
necessary for the entire duration of the U.S. ABTC. If membership in 
the CBP trusted traveler program is set to lapse before the U.S. ABTC 
expires, the individual must renew his or her CBP trusted traveler 
membership prior to expiration in order to retain membership in the 
U.S. ABTC Program.
    To apply for the U.S. ABTC, the applicant checks the box in GOES 
indicating that he or she wishes to apply for the U.S. ABTC. The 
applicant is then prompted to the self-certification screen. This self-
certification process requires the applicant to certify that he or she 
is an existing member in good standing in a CBP trusted traveler 
program or that he or she has submitted an application to a CBP trusted 
traveler program (indicating that CBP will verify that the individual 
is a trusted traveler); that he or she is either a bona fide U.S. 
business person engaged in business in the APEC region or a U.S. 
Government official actively engaged in APEC business; and that he or 
she is not a professional athlete, news correspondent, entertainer, 
musician, artist or person engaged in a similar occupation. The 
applicant must also provide a signature that will appear on the U.S. 
ABTC. CBP will collect the applicant's signature at a CBP trusted 
traveler enrollment center. The locations of enrollment centers are 
specified at http://globalentry.gov/enrollmentcenters2.html. The 
applicant must schedule an appointment at any enrollment center so that 
CBP can collect the signature. The collection will be performed by the 
applicant signing an electronic signature pad.
    If the applicant is concurrently applying for NEXUS, SENTRI or 
Global Entry, an in-person interview with a CBP officer and vetting of 
the application is required as part of the CBP trusted traveler 
enrollment process. If the applicant is already a member of the CBP 
trusted traveler program and wishes to apply for a U.S. ABTC, he or she 
would select the U.S. ABTC option on GOES as an add-on, provide the 
self-certification, and pay the associated U.S. ABTC non-refundable 
fee. In such case, no additional interview is necessary. However, the 
applicant would still need to go to any enrollment center for the 
signature collection.
    Each applicant must pay a non-refundable fee to be paid to CBP at 
the time of application through the Federal Government's on-line 
payment system, Pay.gov or another CBP-approved process. DHS has 
determined that the U.S. ABTC fee is $70. This fee calculation is 
described in Section II.E. below entitled ``Payment of U.S. ABTC Fee.'' 
This fee is in addition to the CBP trusted traveler program fee. Upon 
payment of the U.S. ABTC fee (and any applicable Global Entry, NEXUS or 
SENTRI fee), CBP will process the U.S. ABTC application concurrently 
with the CBP trusted traveler membership application. If the applicant 
is already a member of a CBP trusted traveler program, the applicant 
will only need to pay the U.S. ABTC fee.
    If the applicant is accepted into the U.S. ABTC Program, CBP will 
update the applicant's GOES account to reflect this and issue the U.S. 
ABTC by mail to the mailing address that was provided on the 
application. CBP will mail the U.S. ABTC to any U.S. or international 
address provided (with the exception of P.O. Boxes).
6. Validity Period
    The U.S. ABTC is valid for three years or until the expiration date 
of the card holder's passport if that is earlier, provided 
participation is not suspended or revoked by CBP prior to the end of 
this period. If the card holder's passport expires prior to the general 
three year validity period then CBP will issue the U.S. ABTC with a 
shorter validity period that matches the passport expiration date. CBP 
can revoke membership if the card holder is no longer a member of a CBP 
trusted traveler program. CBP will notify an individual of any changes 
to their U.S. ABTC membership by an electronic letter sent through the 
individual's GOES account. The letter will explain the reason(s) for 
the change.
    Each U.S. ABTC holder may apply to renew participation prior to the 
close of the validity period. In accordance with the APEC Act, DHS will 
not issue any new U.S. ABTCs or renew any U.S. ABTCs after September 
30, 2018. In order to renew, the participant must submit a new U.S. 
ABTC application, pay the U.S. ABTC fee and meet all the eligibility 
criteria including maintaining active membership in a CBP trusted 
traveler program. If a U.S. ABTC holder does not renew his or her U.S. 
ABTC or is no longer eligible for the U.S. ABTC, this does not affect 
his or her membership in a CBP trusted traveler program. That person 
would still be considered a full participant in the CBP trusted 
traveler program for the remaining period of membership. However, as 
noted above, active membership in the CBP trusted traveler program is 
necessary for the entire duration of the U.S. ABTC. Membership in a CBP 
trusted traveler program may be suspended or revoked at any time if the 
individual is not compliant with the program requirements.\14\
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    \14\ See 8 CFR 235.12 for the specific suspension or revocation 
grounds.
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7. Expedited Entry Privileges
    U.S. ABTCs will enable access to a dedicated fast-track lane for 
expedited immigration processing at airports in foreign APEC member 
economies. As a member of a U.S. CBP trusted traveler program, U.S. 
ABTC holders may also utilize the Global Entry kiosks at participating 
airports upon their return to the United States.
8. Entry Requirements
    U.S. ABTC holders must present any travel or identity 
documentation, such as a passport and visa, required by the foreign 
APEC members. If a U.S. ABTC holder does not conform to the visa, 
passport or entry requirements mandated by the foreign economy, the 
card holder may be directed to another lane or be refused entry. It is 
not expected that foreign APEC members will recognize the U.S. ABTC in 
lieu of a visa. Therefore, U.S. ABTC holders are still required to 
obtain visas (where applicable) to visit the 20 foreign APEC members. 
It is suggested that U.S. ABTC holders check the travel requirements of 
the APEC member economy to which they are traveling immediately before 
their travel.
9. Denial, Removal and Suspension
    This rule sets forth the notification procedures for an applicant 
who is denied a U.S. ABTC, and lists the reasons that a U.S. ABTC 
holder may be suspended or removed from the U.S. ABTC Program. If a 
U.S. ABTC

[[Page 27166]]

applicant is denied a U.S. ABTC, CBP will notify the applicant of the 
denial, the reasons for the denial and provide instructions on the 
redress methods. Membership in the U.S. ABTC Program may be suspended 
or revoked at any time if the individual is not compliant with the 
program requirements. Under this rule, a U.S. ABTC holder may be 
suspended or removed from the program if he or she provided false 
information in the application and/or during the application process, 
failed to follow the terms, conditions, and requirements of the 
program, or has been arrested or convicted of a crime or otherwise no 
longer meets the program eligibility criteria.
    A U.S. ABTC applicant or U.S. ABTC holder whose application is 
denied or whose card is suspended or revoked will not receive a refund, 
in whole or in part, of the U.S. ABTC fee.
10. Redress Procedures
    An applicant whose application is denied or whose participation is 
suspended or terminated has two possible methods for redress. The 
applicant may contest the termination, suspension or denial by writing 
to the enrollment center where the applicant's CBP trusted traveler 
program interview was conducted. If the U.S. ABTC applicant is already 
a member of a CBP trusted traveler program and wishes to contest the 
termination, suspension or denial of the U.S. ABTC, the applicant may 
write to the enrollment center where the applicant provided their 
signature for the U.S. ABTC. The second method of redress for any 
applicant is the CBP Trusted Traveler Ombudsman. The regulation below 
describes these procedures in detail. These processes do not create or 
confer any legal right, privilege or benefit, and are wholly 
discretionary on the part of CBP. These same redress procedures are 
available for the CBP trusted traveler programs.\15\
---------------------------------------------------------------------------

    \15\ See 8 CFR 235.12. See also http://www.globalentry.gov/nexus.html, and http://www.globalentry.gov/sentri.html. Another 
redress procedure, DHS Traveler Redress Inquiry Program (DHS TRIP), 
is available for Global Entry. This method of redress is not 
available for the U.S. ABTC Program.
---------------------------------------------------------------------------

11. Duration of U.S. ABTC Program
    The APEC Act authorizes the Secretary to issue U.S. ABTCs only 
through September 30, 2018. Unless the law is amended to extend that 
date, DHS will not issue any new U.S. ABTCs or renew any U.S. ABTCs 
after September 30, 2018. More information about the deadlines for 
applying to the U.S. ABTC Program before DHS ceases the issuance of new 
U.S. ABTCs or renewals of U.S. ABTCs will be available at http://www.globalentry.gov. U.S. ABTC holders will retain their membership in 
the U.S. ABTC Program for the full validity period (even if that is 
after September 30, 2018) unless the membership is suspended or 
revoked. Unless the law is amended to extend the duration of the U.S. 
ABTC Program, all U.S. ABTCs will expire by September 29, 2021.

D. Payment of U.S. ABTC Fee

    The APEC Act authorizes DHS to collect a fee for the issuance of a 
U.S. ABTC that is sufficient to offset the direct and indirect costs of 
the program including the costs associated with establishing the 
program. CBP conducted a fee study to determine the yearly costs of the 
program and the cost to establish the program for all relevant 
parties.\16\ As described in the fee study, pursuant to an arrangement 
with Canada, DHS will also be printing Canadian ABTCs for Canadian 
citizens and will be collecting (and retaining) the fee from those 
applicants. The fee study is based on the estimated number of U.S. and 
Canadian ABTC applicants. U.S. and Canadian citizens will pay the same 
fee for an ABTC. The Canadian ABTC fee will be collected and retained 
by the United States to cover the direct and indirect costs associated 
with the required information technology infrastructure, including the 
printing of the cards. This arrangement lowers the fee for both U.S. 
and Canadian ABTC applicants compared to what the fee would be if each 
country had to build its own information technology infrastructure and 
print its own cards. A Canadian citizen must be a member of NEXUS and 
apply for a Canadian ABTC through CBP's GOES Web site.\17\
---------------------------------------------------------------------------

    \16\ This fee study entitled ``Asia-Pacific Economic Cooperation 
Business Travel Card Fee Study'' is posted on the docket as 
supplemental materials on www.regulations.gov.
    \17\ Canada will determine whether the Canadian ABTC applicant 
qualifies for a Canadian ABTC.
---------------------------------------------------------------------------

    DHS has determined that a fee of $70 is necessary to recover the 
costs associated with the U.S. ABTC Program. As shown in Table 1 below, 
these costs include the issuance of ABTC cards and the information 
technology infrastructure costs, initial and recurring, required to run 
the U.S. ABTC Program.

                                 Table 1
------------------------------------------------------------------------
                                                         ABTC  Enrollee
                                                              costs
------------------------------------------------------------------------
IT costs..............................................               $61
ABTC card cost........................................                 9
------------------------------------------------------------------------
    Total Cost........................................                70
------------------------------------------------------------------------

    CBP is amending 8 CFR 103.7(b)(1)(ii)(N) to reflect this fee. As 
described in 8 CFR 235.13(c)(5), this non-refundable fee is paid to CBP 
at the time of the application through the Federal Government's on-line 
payment system, Pay.gov or other CBP-approved process. The current 
system is Pay.gov. Pay.gov is a system by which parties can make secure 
electronic payments to many Federal Government agencies.

III. Statutory and Regulatory Requirements

A. Administrative Procedure Act

    The Administrative Procedure Act (APA) generally requires agencies 
to publish a notice of proposed rulemaking in the Federal Register (5 
U.S.C. 553(b)) and provide interested persons the opportunity to submit 
comments (5 U.S.C. 553(c)). DHS believes that this interim final rule 
is excluded from APA rulemaking requirements as a foreign affairs 
function of the United States because it advances the President's 
foreign policy goal of facilitating business travel within the APEC 
region and allows the United States to fulfill its obligations under 
the multilateral APEC agreement. This interim final rule is being 
implemented pursuant to the current APEC Framework,\18\ which the 
United States and all twenty other APEC members agreed upon in order to 
simplify entry procedures within the APEC region. The creation of the 
U.S. ABTC Program facilitates U.S. participation in this multi-lateral 
international agreement.
---------------------------------------------------------------------------

    \18\ APEC Framework, Version 17, agreed to on January 30, 2013.
---------------------------------------------------------------------------

    In addition, pursuant to 5 U.S.C. 553(b)(B), a notice of proposed 
rulemaking is not required if the agency finds good cause to implement 
the rule without prior public notice and comment. For the reasons 
specified below, DHS also has determined that there is good cause to 
publish this rule without prior public notice and comment procedures.
    This rule is a nondiscretionary action as the authorizing statute 
and the APEC Framework set forth most of the relevant criteria and 
considerations for the issuance of the U.S. ABTC and provide DHS with 
little discretion about the U.S. ABTC Program. The authorizing statute 
specifies eligibility requirements, such as requiring that an applicant 
must be

[[Page 27167]]

approved and in good standing in a DHS trusted traveler program, 
mandates the cost considerations that must be included in the fee 
determination, and sets forth the sunset provision establishing the 
duration of the U.S. ABTC Program. The APEC Framework dictates the 
standards for the card, the remaining eligibility requirements, and the 
validity period. Therefore, DHS had little discretion in determining 
who would be eligible for the U.S. ABTC, the conditions for use of the 
U.S. ABTC, the fee, the validity period, the duration of the program or 
the privileges granted to U.S. ABTC holders. For these reasons, DHS 
believes that prior notice and public comment procedure would be 
impracticable, unnecessary, and contrary to the public interest. 
Although prior notice and comment is not required, DHS is requesting 
public comments in this interim final rule and will take into account 
public comments received before issuing a final rule.

B. Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``significant regulatory 
action'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the Office of Management and Budget 
has reviewed this rule. CBP has prepared the following analysis to help 
inform stakeholders of the potential impacts of this interim rule.
1. Synopsis
    The interim final rule will establish the U.S. ABTC Program. 
Pursuant to the authorizing statute, the Secretary of Homeland Security 
is authorized to set a U.S. ABTC Program fee. The statute mandates that 
if a fee is established, it must be sufficient to offset the direct and 
indirect costs associated with running the U.S. ABTC Program, including 
any costs associated with the establishment of the U.S. ABTC Program. 
CBP has determined a fee of $70 is necessary to recover the costs of 
administering the U.S. ABTC Program.\19\
---------------------------------------------------------------------------

    \19\ CBP performed a fee study to determine the yearly costs of 
the program and the cost to establish the program for all relevant 
parties. This fee study entitled ``Asia-Pacific Economic Cooperation 
Business Travel Card Fee Study'' is posted on the docket as 
supplemental materials on www.regulations.gov.
---------------------------------------------------------------------------

    As shown in Table 2, in addition to the U.S. ABTC fee, U.S. ABTC 
applicants will also experience an opportunity cost associated with 
obtaining a U.S. ABTC. Because participation in a CBP trusted traveler 
program is a prerequisite for obtaining a U.S. ABTC, those who are not 
currently members of such a program will need to concurrently apply for 
a U.S. ABTC and a CBP trusted traveler program and pay the applicable 
fees. CBP assumes that those not currently in a trusted traveler 
program will choose Global Entry because it, like the U.S. ABTC, 
provides expedited clearance in the air environment. The fee for Global 
Entry is currently $100. We estimate the opportunity cost to obtain a 
U.S. ABTC for those who are already members of a CBP trusted traveler 
program to be $67.00. We estimate the opportunity cost to obtain a U.S. 
ABTC for those who are not members of a CBP trusted traveler program to 
be $95.52.
    The total cost of obtaining a U.S. ABTC will range from $137 for 
U.S. ABTC applicants who are currently in a CBP trusted traveler 
program to $266 for U.S. ABTC applicants who are not currently in a CBP 
trusted traveler program. We will provide additional detail into these 
estimates later in the analysis. The U.S. ABTC Program is a voluntary 
program that enables card holders access to fast-track immigration 
lanes at airports in the 20 foreign APEC member economies. CBP 
estimates that U.S. ABTC holders will experience a time savings of 
approximately 43 minutes when clearing foreign immigration services 
using the fast-track immigration lanes. As the U.S. ABTC program is 
voluntary, the perceived benefits of reduced wait time have to equal or 
exceed the cost of the program over three years (validity period of the 
U.S. ABTC) for potential enrollees to determine whether the program is 
worthwhile. As shown in Table 2, the total cost of obtaining a U.S. 
ABTC will range from $137 for U.S. ABTC applicants who are currently in 
a CBP trusted traveler program to $266 for U.S. ABTC applicants who are 
not currently in a CBP trusted traveler program. As discussed below in 
further detail, CBP estimates that a U.S ABTC applicant who is 
currently enrolled in a CBP trusted traveler program will need to take 
a minimum of 4 trips for the benefits of the U.S. ABTC Program to 
exceed the cost associated with joining the program. Additionally, CBP 
estimates that a U.S. ABTC applicant who is not currently a CBP trusted 
traveler member will need to take a minimum of 6 round trips between 
the United States and an APEC economy in order for the benefits of the 
U.S. ABTC Program to exceed the cost associated with joining the 
program.

                                      Table 2--Total Cost By Applicant Type
----------------------------------------------------------------------------------------------------------------
             Applicant type                      Cost category            Initial costs         Renewal costs
----------------------------------------------------------------------------------------------------------------
U.S. ABTC Applicants not Currently in a   U.S. ABTC Fee.............                   $70                   $70
 CBP Trusted Traveler Program.
                                          Global Entry Fee\*\.......                  $100                    $0
                                          U.S. ABTC and Global Entry     $95.52 (1.67 hrs)      $66.92 (1.17 hr)
                                           Opportunity Cost [dagger].
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                             Total (rounded to                        $266                  $137
                                              nearest $1).
U.S. ABTC Applicants Currently in a CBP   U.S. ABTC Fee.............                   $70                   $70
 Trusted Traveler Program.
                                          Global Entry Fee\*\.......                   n/a                   n/a

[[Page 27168]]

 
                                          U.S. ABTC Opportunity Cost      $66.92 (1.17 hr)      $66.92 (1.17 hr)
                                           [dagger].
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
                                             Total (rounded to                        $137                  $137
                                              nearest $1).
----------------------------------------------------------------------------------------------------------------
* CBP anticipates that those U.S. ABTC applicants who must choose a CBP trusted traveler program when applying
  for the U.S. ABTC will choose to join Global Entry because, like the U.S. ABTC, Global Entry provides
  expedited clearance in the air environment.
[dagger] This value is based off the Department of Transportation's guidance regarding the valuation of travel
  time for business travelers. ``The Value of Travel Time Savings: Departmental Guidance for Conducting Economic
  Evaluations Revision 2. (See Table 4. Available at http://www.dot.gov/sites/dot.dev/files/docs/vot_guidance_092811c.pdf.)
Note: There are two categories of U.S. ABTC applicants; those who are already part of a CBP trusted traveler
  program and those who are not. CBP does not account for the cost of joining a CBP trusted traveler program for
  those applicants who are already current members of a CBP trusted traveler program. These applicants have
  already, independent of any decision to join the U.S. ABTC Program, determined that the benefits of a CBP
  trusted traveler program outweigh the costs associated with the program they have chosen to join.

2. Background
    The U.S. ABTC Program is a voluntary program that allows U.S. 
citizens with U.S. ABTCs to use fast-track immigration lanes at 
airports in the 20 foreign APEC member economies.\20\ In order to be 
eligible for a U.S. ABTC, a U.S. citizen is required to be a bona fide 
business person engaged in business in the APEC region or a U.S. 
Government official actively engaged in APEC business.\21\ 
Additionally, the U.S. ABTC applicant must be a member in good standing 
of a CBP trusted traveler program or approved for membership in a CBP 
trusted traveler program during the U.S. ABTC application process. U.S. 
ABTC applicants who are not already CBP trusted traveler program 
members, must also apply for membership to a CBP trusted traveler 
program with their U.S. ABTC application.\22\ Although membership in 
the CBP trusted traveler programs is valid for five years, the U.S. 
ABTC is only valid for three years or until the expiration date of the 
card holder's passport if that is earlier. Similar to the CBP trusted 
traveler programs, a U.S. ABTC holder will be required to renew his or 
her membership, prior to expiration, in order to continue receiving the 
ability to use the APEC fast-track immigration lanes.
---------------------------------------------------------------------------

    \20\ At this time, U.S. citizens will not realize all the 
benefits a citizen from a fully participating member will realize. 
For a description of the benefits available to a citizen of a fully 
participating member, please see above for section II. B, ``The APEC 
Business Travel Card Program.''
    \21\ The ABTC may only be used by a bona fide business person 
engaged in business in the APEC region or a U.S. Government official 
actively engaged in APEC business. The card holder must be traveling 
solely for business purposes in the foreign APEC economy and not 
engaging in paid employment in the foreign APEC economy. ``APEC 
business'' means U.S. government activities that support the work of 
APEC. A ``bona fide business person engaged in business in the APEC 
region'' means a person engaged in the trade of goods, the provision 
of services or the conduct of investment activities in the APEC 
region. Professional athletes, news correspondents, entertainers, 
musicians, artists or persons engaged in similar occupations are not 
considered to be bona fide business travelers engaged in business in 
the APEC region.
    \22\ Applicants must be participants in any of the three 
qualified CBP trusted traveler programs: Global Entry, SENTRI, and 
NEXUS. A U.S. ABTC applicant has the choice of either applying for a 
CBP trusted traveler program first and then separately applying for 
a U.S. ABTC or concurrently applying for both. We note that both 
fees are non-refundable, so it is possible that an applicant may 
choose to apply for the programs separately so that if they are 
denied membership in a CBP trusted traveler program, they do not 
need to pay the $70 fee for the U.S. ABTC Program. If an applicant 
chooses to apply for a CBP trusted traveler program and separately 
apply for a U.S. ABTC then the applicant will experience an 
additional opportunity cost of 70 minutes (10 minutes to apply for a 
U.S. ABTC and one hour to travel to and from an enrollment center). 
Using the estimated value of time for a business traveler ($57.20), 
this is a monetized opportunity cost of approximately $66.92. In 
order for U.S. ABTC applicants to be better off applying separately, 
they must believe that they have at least a 96 percent chance of 
being denied membership in a CBP trusted traveler program. The 
actual denial rate for CBP trusted traveler programs is 
approximately three percent, according to CBP's Office of Field 
Operations. Therefore, for the purposes of this analysis, CBP 
assumes that a U.S. ABTC applicant who is not currently a member of 
a CBP trusted traveler program will concurrently apply for a CBP 
trusted traveler program and a U.S. ABTC.
---------------------------------------------------------------------------

3. U.S. ABTC Applicant Categories
    There are two categories of U.S. ABTC applicants who we discuss 
separately in this analysis: those who are already part of a CBP 
trusted traveler program and those who are not. This is necessary 
because those applicants who are not already part of a CBP trusted 
traveler program will bear the additional opportunity cost and fee 
associated with applying for a CBP trusted traveler program in order to 
be eligible for a U.S. ABTC.
a. U.S ABTC Applicants Who Are Currently Members of a CBP Trusted 
Traveler Program
    If a U.S. ABTC applicant is already a member of a CBP trusted 
traveler program, the applicant will have to apply for a U.S. ABTC by 
self-certifying, via the GOES Web site, that he or she is an existing 
member in good standing in a CBP trusted traveler program, that he or 
she is either a bona fide U.S. business person engaged in business in 
the APEC region or a U.S. Government official actively engaged in APEC 
business and that he or she is not a professional athlete, news 
correspondent, entertainer, musician, artist or person engaged in a 
similar occupation. In addition to the self-certification, the U.S. 
ABTC applicant will also be required to schedule an appointment at an 
enrollment center in order for his or her signature to be digitally 
captured for the U.S. ABTC. CBP estimates that U.S. ABTC applicants 
will experience an opportunity cost of 10 minutes to complete the U.S. 
ABTC self-certification, schedule an appointment at an enrollment 
center, and have their signature digitally captured. As described in 
the Global Entry final rule,\23\ CBP estimated Global Entry applicants 
would experience an opportunity cost of one hour in to order to travel 
to an enrollment center for an interview and return home. CBP 
anticipates that U.S. ABTC applicants who are current members of a CBP 
trusted traveler program will experience a similar opportunity cost to 
travel to and from an enrollment center as do Global Entry applicants. 
For the purposes of this rule, CBP does not account for the cost of 
joining a CBP trusted traveler program for those applicants that are 
already current members of a CBP trusted traveler program. These 
applicants have already, independent of any decision to join the U.S. 
ABTC Program, determined that the benefits of a CBP trusted traveler 
program outweigh the costs associated with the program they have chosen 
to join. To account for these costs and benefits in this rule would 
double count those costs and benefits as those are the impacts of the 
trusted traveler program, not of the U.S. ABTC Program.
---------------------------------------------------------------------------

    \23\ 77 FR 5681, February 6, 2012.

---------------------------------------------------------------------------

[[Page 27169]]

b. U.S ABTC Applicants Who Are Not Currently Members of a CBP Trusted 
Traveler Program
    An applicant who is not already a member of a CBP trusted traveler 
program will be required to apply for a U.S. ABTC and a CBP trusted 
traveler program and self-certify that he or she has submitted an 
application to a CBP trusted traveler program, that he or she is either 
a bona fide U.S. business person engaged in business in the APEC region 
or a U.S. Government official actively engaged in APEC business and 
that he or she is not a professional athlete, news correspondent, 
entertainer, musician, artist or person engaged in a similar 
occupation. Because these applicants would not have joined a CBP 
trusted traveler program if not for the U.S. ABTC Program, we include 
the costs and benefits of joining these programs in this analysis.
    CBP anticipates that those U.S. ABTC applicants who must choose a 
CBP trusted traveler program when applying for the ABTC will choose to 
join Global Entry because, like the U.S. ABTC, Global Entry provides 
expedited clearance in the air environment. As described in the Global 
Entry final rule, CBP estimates a Global Entry applicant will 
experience an opportunity cost of 40 minutes in order to complete the 
Global Entry application in GOES.\24\ When concurrently applying for a 
U.S. ABTC and Global Entry, CBP anticipates the U.S. ABTC applicant 
will be able to complete the Global Entry application and the U.S. ABTC 
self-certification, and have their signature digitally captured in the 
40 minutes estimated for the Global Entry application.\25\ In addition 
to the application and self-certification in GOES, the U.S. ABTC 
applicant concurrently applying for a U.S. ABTC and Global Entry will 
be required to schedule an appointment at an enrollment center to 
receive an interview for Global Entry and have his or her signature 
digitally captured for a U.S. ABTC. As described in the Global Entry 
final rule, CBP estimated Global Entry applicants would experience an 
opportunity cost of one hour in order to travel to an enrollment center 
for an interview and return home.\26\
---------------------------------------------------------------------------

    \24\ 77 FR 5681 (Feb. 6, 2012).
    \25\ As described above, the self-certification only entails 
certifying in GOES that the U.S. ABTC applicant is an existing 
member in good standing in a CBP trusted traveler program or that he 
or she has submitted an application to a CBP trusted traveler 
program, that he or she is either a bona fide U.S. business person 
engaged in business in the APEC region or a U.S. Government official 
actively engaged in APEC business and that he or she is not a 
professional athlete, news correspondent, entertainer, musician, 
artist or person engaged in a similar occupation.
    \26\ 77 FR 5681 (Feb. 6, 2012).
---------------------------------------------------------------------------

4. Number of U.S. ABTC Applicants
    The National Center for Asia-Pacific Economic Cooperation (NCAPEC) 
\27\ estimates that 10,500 to 15,000 U.S. citizens will enroll in the 
U.S. ABTC Program within the first three years of the program. Using 
the NCAPEC estimate, CBP estimates that 12,750, or the average of the 
lower and upper bound NCAPEC estimate, will enroll in the U.S. ABTC 
Program within the first three years of the program starting.\28\ CBP 
seeks comment on this estimate.
---------------------------------------------------------------------------

    \27\ NCAPEC is a U.S. business association focused on 
facilitating the private sector input into the APEC process.
    \28\ See http://csis.org/publication/why-us-approval-apec-business-travel-card-matters.
---------------------------------------------------------------------------

    CBP subject matter experts anticipate that most U.S. ABTC 
applicants will apply for a U.S. ABTC in the first year and that 
applications will gradually diminish over the following two years. As 
such, CBP has weighted each year's U.S. ABTC applicants using the sum-
of-years' digits method. Typically used for the depreciation of assets, 
this weighting method provides an efficient and unbiased method to 
gradually diminish projected new ABTC enrollees over the first three 
operating years of the U.S. ABTC Program, to total 12,750 U.S. 
enrollments over the three year period. Furthermore, CBP estimates that 
each initial U.S. ABTC enrollment will be renewed upon the expiration 
of its three year validation period. It is possible, however, that the 
initial enrollee will change to a job function that does not require 
conducting APEC business.\29\ In these cases, CBP assumes that the 
individual's replacement in that position will enroll in the U.S. ABTC 
Program, in lieu of the original enrollee, in order to benefit from the 
expedited immigration process while visiting APEC member economies. 
Table 3 presents our projected ABTC enrollments during the period of 
analysis. For simplicity of the analysis, CBP counts both the original 
U.S. ABTC holder who renews and any replacement applicants, if 
applicable, as a renewal in Table 3. For the purposes of this analysis, 
we will assume CBP starts processing U.S. ABTC enrollments in Fiscal 
Year (FY) 2013 and no new U.S. ABTCs will be issued after the end of FY 
2018. Enrollments are not forecasted further because the statute 
authorizing the U.S. ABTC expires in FY 2018 unless Congress authorizes 
an extension.
---------------------------------------------------------------------------

    \29\ Thus, this enrollee would no longer be eligible for an 
ABTC.
    \30\ Although the accompanying U.S. ABTC Fee Study includes an 
additional 5,000 Canadian enrollments for whom CBP will provide 
ABTCs, as these enrollees are not members of the U.S. ABTC Program 
and CBP is reimbursed for the costs of processing their 
applications, we exclude them from this analysis.

                                                     Table 3
----------------------------------------------------------------------------------------------------------------
                                                          Projected U.S. ABTC enrollments \30\
             Fiscal Year              --------------------------------------------------------------------------
                                               Initial                  Renewals                  Total
----------------------------------------------------------------------------------------------------------------
2013.................................                    6,375  .......................                    6,375
2014.................................                    4,250  .......................                    4,250
2015.................................                    2,125  .......................                    2,125
2016.................................  .......................                    6,375                    6,375
2017.................................  .......................                    4,250                    4,250
2018.................................  .......................                    2,125                    2,125
                                      --------------------------------------------------------------------------
    Total............................                   12,750                   12,750                   25,500
----------------------------------------------------------------------------------------------------------------

    As discussed above, U.S. ABTC applicants will either be current 
members of a CBP trusted traveler program or will be required to 
concurrently apply for a U.S. ABTC and a CBP trusted traveler program. 
CBP subject matter experts anticipate that half of the U.S. ABTC 
applicants will not be current members of a CBP trusted traveler 
program. In an effort to mitigate the possibility of over- or under-
estimating the number of U.S. ABTC

[[Page 27170]]

applicants required to concurrently apply to a CBP trusted traveler 
program, however, CBP has provided a sensitivity analysis in Table 4 
reflecting varying percentages of U.S. ABTC applicants who are not 
current members of a CBP trusted traveler program.

                                                                         Table 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Percent of projected ABTC enrollees not currently in a Trusted Traveler
                                                       Initial projected ABTC                                 Program \31\
                     Fiscal year                      enrollments from  Table --------------------------------------------------------------------------
                                                                 3                     Low  25%               Primary 50%                High 75%
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013................................................                    6,375                    1,594                    3,188                    4,781
2014................................................                    4,250                    1,063                    2,125                    3,188
2015................................................                    2,125                      531                    1,063                    1,594
2016................................................  .......................  .......................  .......................  .......................
2017................................................  .......................  .......................  .......................  .......................
2018................................................  .......................  .......................  .......................  .......................
                                                     ---------------------------------------------------------------------------------------------------
    Total...........................................                   12,750                    3,188                    6,376                    9,563
--------------------------------------------------------------------------------------------------------------------------------------------------------

5. Cost
    CBP has determined that a fee of $70 is necessary to recover the 
costs associated with the U.S. ABTC Program. These costs include the 
cost to issue the U.S. ABTCs and the information technology 
infrastructure costs, initial and recurring, required to run the U.S. 
ABTC Program.\32\
---------------------------------------------------------------------------

    \31\ Although the accompanying U.S. ABTC Fee Study includes an 
additional 5,000 Canadian enrollments for whom CBP will provide 
ABTCs, as these enrollees are not members of the U.S. ABTC Program 
and CBP is reimbursed for the costs of processing their 
applications, we exclude them from this analysis.
    \32\ CBP performed a fee study to determine the yearly costs of 
the program and the cost to establish the program for all relevant 
parties. This fee study entitled ``Asia-Pacific Economic Cooperation 
Business Travel Card Fee Study'' is posted on the docket as 
supplemental materials on www.regulations.gov.
---------------------------------------------------------------------------

    In addition to the U.S. ABTC fee, U.S. ABTC applicants will also 
experience an opportunity cost associated with obtaining a U.S. ABTC. 
As discussed above, CBP estimates U.S. ABTC applicants who are 
currently members of a CBP trusted traveler program will experience a 
one hour and 10 minute opportunity cost while U.S. ABTC applicants who 
are not members of a CBP trusted traveler program will experience a one 
hour and 40 minute opportunity cost. Additionally, U.S. ABTC applicants 
who are not members of a CBP trusted traveler program will also be 
required to pay the $100 fee associated with the Global Entry 
program.\33\
---------------------------------------------------------------------------

    \33\ As discussed above, CBP anticipates U.S. ABTC applicants 
not currently members of a CBP trusted traveler program will join 
the Global Entry program.
---------------------------------------------------------------------------

    The Department of Transportation's (DOT) guidance regarding the 
valuation of travel time for air passengers estimates a business 
traveler's value to be $57.20 per hour.\34\ Using this estimate, the 
opportunity cost and fee described above, CBP estimates that it will 
cost a U.S. ABTC applicant who is currently a CBP trusted traveler 
program member approximately $137 to join the U.S. ABTC program ($57.20 
x 1.17 hours = $66.92; $66.92 + $70 U.S. ABTC fee = $136.92).\35\ For 
U.S. ABTC applicants who are not currently members of a CBP trusted 
traveler program, CBP estimates that it will cost approximately $266 to 
join the U.S. ABTC Program ($57.20 x 1.67 hours = $95.52; $95.52 + $100 
Global Entry program fee + $70 U.S. ABTC fee = $265.52).\36\
---------------------------------------------------------------------------

    \34\ ``The Value of Travel Time Savings: Departmental Guidance 
for Conducting Economic Evaluations Revision 2 see Table 4), 
available at http://www.dot.gov/sites/dot.dev/files/docs/vot_guidance_092811c.pdf.
    \35\ CBP estimates that U.S. ABTC applicants who are currently 
in a CBP trusted traveler program will experience an opportunity 
cost of 10 minutes to complete a self-certification, schedule an 
appointment at an enrollment center, and have their signature 
digitally captured. Additionally, CBP estimates these applicants 
will experience an opportunity cost of 60 minutes to travel to and 
from an enrollment center in order to have their signature digitally 
captured. In total, CBP estimates U.S. ABTC applicants who are 
currently members of a CBP trusted traveler program will experience 
an opportunity cost of 70 minutes, or 1.17 hours (70 minutes / 60 
minutes = 1.17 hours).
    \36\ CBP estimates that U.S. ABTC applicants who are not 
currently in a CBP trusted traveler program will experience an 
opportunity cost of 40 minutes in order to complete the Global Entry 
application and the U.S. ABTC self-certification. Additionally, CBP 
estimates these applicants will experience an opportunity cost of 60 
minutes in order to complete the interview for Global Entry and have 
their signature digitally captured for their U.S. ABTC. In total, 
CBP estimates U.S. ABTC applicants who are not currently members of 
a CBP trusted traveler program will experience an opportunity cost 
of 100 minutes, or 1.67 hours (100 minutes / 60 minutes = 1.67 
hours).
---------------------------------------------------------------------------

    Due to the different membership periods for the CBP trusted 
traveler programs (five years) and the U.S. ABTC (three years), CBP 
notes that U.S. ABTC applicants who join a CBP trusted traveler program 
exclusively for the ability to obtain a U.S. ABTC and have renewed 
their U.S. ABTC (for a total of 6 years membership) will also incur the 
opportunity cost and fee associated with the Global Entry program when 
their Global Entry membership expires prior to their U.S. ABTC 
expiration date. CBP estimates that it will cost approximately $196 to 
renew a Global Entry membership in order to maintain a U.S. ABTC 
($57.20 x 1.67 hours = $95.52; $95.52 + $100 Global Entry program fee = 
$195.52 The total present value cost of this rule, as shown in Table 5 
below, will range from approximately $3.7 million to $5.3 million over 
a six-year period of analysis. The total annualized cost of this rule, 
using either a seven-percent or three-percent discount rate, will range 
from $0.7 million to 1.0 million.

[[Page 27171]]



                                                          Table 5--U.S. ABTC Applicants Not Currently in a CBP Trusted Traveler Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Projected U.S. ABTC enrollments      U.S. ABTC applicants not      U.S. ABTC applicants requiring     Total Cost (B x $266) + (C x $196)
                                                                   (A)                   currently in a CBP trusted     a 5-year global entry renewal  -----------------------------------------
                                                    --------------------------------- traveler program (B) = (Initial                (C)
                    Fiscal year                                                                 A x Percent)          ---------------------------------
                                                                                     ---------------------------------                                    Low  25%     Primary 50%    High 75%
                                                      Initial    Renewals    Total                Primary               Low  25%   Primary    High 75%
                                                                                       Low  25%     50%      High 75%                50%
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2013...............................................      6,375  .........      6,375      1,594      3,188      4,781  .........  .........  .........      $424,004      $848,008    $1,271,746
2014...............................................      4,250  .........      4,250      1,063      2,125      3,188  .........  .........  .........       282,758       565,250       848,008
2015...............................................      2,125  .........      2,125        531      1,063      1,594  .........  .........  .........       141,246       282,758       424,004
2016...............................................  .........      6,375      6,375  .........  .........  .........  .........  .........  .........  ............  ............  ............
2017...............................................  .........      4,250      4,250  .........  .........  .........  .........  .........  .........  ............  ............  ............
2018...............................................  .........      2,125      2,125  .........  .........  .........      1,594      3,188      4,781       312,424       624,848       937,076
                                                    --------------------------------------------------------------------------------------------------------------------------------------------
    Subtotal.......................................  .........  .........  .........      3,188      6,376      9,563      1,594      3,188      4,781     1,160,432     2,320,864     3,480,834
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                U.S. ABTC Applicants Currently in a CBP Trusted Traveler Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     Projected U.S. ABTC enrollments   U.S. ABTC applicants currently   U.S. ABTC applicants requiring            Total cost (D x $137)
                                                                   (A)                   in a CBP trusted traveler      a 5-year global entry renewal  -----------------------------------------
                    Fiscal year                     ---------------------------------   program (D) = (Total A - B)                  (E)
                                                                                     ------------------------------------------------------------------      Low         Primary        High
                                                      Initial    Renewals    Total       Low      Primary      High       Low      Primary      High
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2013...............................................      6,375  .........      6,375      4,781      3,187      1,594        n/a        n/a        n/a      $654,997      $436,619      $218,378
2014...............................................      4,250  .........      4,250      3,187      2,125      1,062        n/a        n/a        n/a       436,619       291,125       145,494
2015...............................................      2,125  .........      2,125      1,594      1,062        531        n/a        n/a        n/a       218,378       145,494        72,747
2016...............................................  .........      6,375      6,375      6,375      6,375      6,375        n/a        n/a        n/a       873,375       873,375       873,375
2017...............................................  .........      4,250      4,250      4,250      4,250      4,250        n/a        n/a        n/a       582,250       582,250       582,250
2018...............................................  .........      2,125      2,125      2,125      2,125      2,125        n/a        n/a        n/a       291,125       291,125       291,125
                                                    --------------------------------------------------------------------------------------------------------------------------------------------
    Subtotal.......................................  .........  .........  .........     22,312     19,124     15,937        n/a        n/a        n/a     3,056,744     2,619,988     2,183,369
                                                    --------------------------------------------------------------------------------------------------------------------------------------------
        Total......................................  .........  .........  .........     25,500     25,500     25,500      1,594      3,188      4,781     4,217,176     4,940,852     5,664,203
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7% present value (2013 dollars).....................................................  .........  .........  .........  .........  .........  .........     3,652,877     4,269,235     4,885,332
3% present value (2013 dollars).....................................................  .........  .........  .........  .........  .........  .........     3,953,615     4,626,437     5,298,965
7% annualized.......................................................................  .........  .........  .........  .........  .........  .........       716,223       837,073       957,871
3% annualized.......................................................................  .........  .........  .........  .........  .........  .........       708,570       829,154       949,685
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 27172]]

6. Benefits
    As stated earlier, the U.S. ABTC Program will enable card holders 
access to fast-track immigration lanes at airports in the 20 foreign 
APEC member economies. Although the ABTC program is new for U.S. 
citizens, it is a well-established program for the other APEC member 
economies. In an effort to quantify the benefits of the ABTC, APEC 
commissioned the report ``Reducing Business Travel Costs: The Success 
of APEC's Business Mobility Initiatives'' (APEC Report).\37\ The APEC 
Report quantified seven key performance indicators, one of which 
quantifies the time savings an ABTC holder receives by using the fast-
track immigration lanes. As shown in Table 6 below, the time savings 
each member's ABTC holders receive can vary greatly. CBP believes the 
weighted average time savings of approximately 43 minutes is an 
appropriate estimate of the time savings a U.S. ABTC holder will 
receive when clearing foreign immigration services using the fast-track 
immigration lanes.
---------------------------------------------------------------------------

    \37\ http://publications.apec.org/publication-detail.php?pub_id=1214.
---------------------------------------------------------------------------

    As discussed above, the DOT's guidance regarding the valuation of 
travel time estimates a business traveler's value to be $57.20 per 
hour.\38\ Using this value and the estimated time savings, CBP 
estimates each U.S. ABTC holder will save approximately $41 per visit 
to an APEC member economy (43 minutes / 60 minutes = 0.72 hours; $57.20 
x 0.72 hours = $41.18).
---------------------------------------------------------------------------

    \38\ ``The Value of Travel Time Savings: Departmental Guidance 
for Conducting Economic Evaluations Revision 2. (See Table 4. 
Available at http://ostpxweb.dot.gov/policy/reports/vot_guidance_092811c.pdf).

   Table 6--Key Performance Indicator 4--Total Time Savings Clearing Immigration at the Border by ABTC Holders
----------------------------------------------------------------------------------------------------------------
                                        Average time savings/                             Total time savings by
               Economy                  ABTC holder  (minutes)    ABTC Holders  (2011)   ABTC holders  (minutes)
----------------------------------------------------------------------------------------------------------------
Australia............................                    46.52                   24,286                1,129,713
Brunei Darussalam....................                    32.81                       43                    1,411
Chile................................                    49.33                      416                   20,520
China................................                    38.74                    3,895                  150,882
Hong Kong China......................                    26.28                   10,659                  280,137
Indonesia............................                     60.2                    1,495                   90,003
Japan................................                    51.49                    2,541                  130,840
South Korea..........................                    43.26                    8,422                  364,351
Malaysia.............................                    66.19                    4,140                  274,043
Mexico...............................                   103.51                      185                   19,149
New Zealand..........................                    48.11                    6,538                  314,527
Papua New Guinea.....................                    27.03                       22                      595
Peru.................................                    40.78                    1,277                   52,082
Philippines..........................                    45.22                      476                   21,525
Singapore............................                    64.15                    8,137                  522,013
Thailand.............................                    28.94                    5,564                  161,006
Vietnam..............................                    24.29                    8,730                  212,011
                                      --------------------------------------------------------------------------
    Total............................                      n/a                   86,826                3,744,808
                                      --------------------------------------------------------------------------
        Weighted Average.............                    43.13                      n/a                      n/a
----------------------------------------------------------------------------------------------------------------
Source: Asia-Pacific Economic Cooperation. Reducing Business Travel Costs: The Success of APEC's Business
  Mobility Initiatives (2011). http://publications.apec.org/publication-detail.php?pub_id=1214.

7. Net Benefits
    Because participation in the U.S. ABTC Program is voluntary, the 
perceived benefits of reduced wait time have to equal or exceed the 
cost of the program over three years for potential enrollees to 
determine whether or not the program is worthwhile. As discussed above, 
CBP estimates that each U.S. ABTC holder will save approximately $41 
per trip by using the fast-track immigration lanes in foreign APEC 
member economies. Although CBP is unable to estimate the number of 
trips each individual U.S. ABTC holder will take to an APEC member 
economy, based on the estimated savings per trip, as described above, 
CBP can estimate the minimum number of trips a U.S. ABTC holder will 
have to take over the three year U.S. ABTC validity period for the 
benefits of the U.S. ABTC to equal or exceed the costs of obtaining a 
U.S. ABTC. CBP notes that this is a voluntary program and that 
individuals are likely to participate only if they expect to travel 
enough for the savings to offset the cost of obtaining a U.S. ABTC.
    CBP estimates a U.S ABTC applicant who is currently enrolled in a 
CBP trusted traveler program will need to take a minimum of 4 trips, 
over three years, in order for the benefits of the U.S. ABTC Program to 
exceed the cost associated with joining the program ($137 U.S. ABTC 
opportunity cost and fee / $41 saving per trip = 3.3 trips).
    In addition to the $41 savings per trip to an APEC member economy, 
CBP estimates a U.S. ABTC applicant who is not currently a CBP trusted 
traveler member will also save an additional $7 by using a Global Entry 
kiosk for expedited CBP clearance upon returning to the United States 
from an APEC economy (7 minutes / 60 minutes = 0.12 hours; 0.12 hours x 
$57.20 = $6.86).\39\ CBP estimates a U.S. ABTC applicant who is not 
currently a CBP trusted traveler member will need to take a minimum of 
6 round trips between the United States and an APEC member economy, 
over three years, in order for the benefits of the U.S. ABTC Program to 
exceed the cost associated with joining the program ($41 savings + $7 
savings = $48 savings; $266 U.S. ABTC and Global Entry opportunity cost 
and fees / $48 savings = 5.5).
---------------------------------------------------------------------------

    \39\ 77 FR 5681 (Feb. 6, 2012).
---------------------------------------------------------------------------

C. The Regulatory Flexibility Act

    This section examines the impact of the rule on small entities as 
required by

[[Page 27173]]

the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), as amended by 
the Small Business Regulatory Enforcement and Fairness Act of 1996. A 
small entity may be a small business (defined as any independently 
owned and operated business not dominant in its field that qualifies as 
a small business per the Small Business Act); a small not-for-profit 
organization; or a small governmental jurisdiction (locality with fewer 
than 50,000 people).
    Although this rule regulates people and not businesses, a U.S. 
citizen is required to be either a bona fide U.S. business person 
engaged in business in the APEC region or a U.S. Government official 
actively engaged in APEC business in order to qualify for a U.S. 
ABTC.\40\ Therefore, CBP has considered the impact of this rule on 
small entities.
---------------------------------------------------------------------------

    \40\ The ABTC may only be used by a bona fide business person 
engaged in business in the APEC region or a U.S. Government official 
actively engaged in APEC business. The card holder must be traveling 
solely for business purposes in the foreign APEC economy and not 
engaging in paid employment in the foreign APEC economy. ``APEC 
business'' means U.S. government activities that support the work of 
APEC. A ``bona fide business person engaged in business in the APEC 
region'' means a person engaged in the trade of goods, the provision 
of services or the conduct of investment activities in the APEC 
region. Professional athletes, news correspondents, entertainers, 
musicians, artists or persons engaged in similar occupations are not 
considered to be bona fide business travelers engaged in business in 
the APEC region.
---------------------------------------------------------------------------

    The U.S. ABTC Program is voluntary and has a cost of approximately 
$137 if a U.S. ABTC applicant is a current member of a CBP trusted 
traveler program or approximately $266 if a U.S. ABTC applicant must 
concurrently apply for a U.S. ABTC and a CBP trusted traveler program. 
While the U.S. ABTC applicant will bear the cost associated with 
obtaining a U.S. ABTC, a business may voluntarily reimburse the 
applicant for the fee and his or her opportunity cost. CBP cannot 
estimate the number of small entities that will voluntarily reimburse 
its employees. CBP recognizes, however, that it is possible that a 
substantial number of small entities will be impacted by this 
regulation. However, CBP does not believe a cost of either $137 or 
$266, depending on whether a U.S. ABTC applicant is currently enrolled 
in a CBP trusted traveler program, constitutes a significant economic 
impact. As discussed above, a U.S. ABTC holder will save approximately 
43 minutes, or approximately $41, per trip in opportunity costs which 
can be put to productive APEC business related use. Additionally, after 
approximately 4 or 6 trips to an APEC member economy, the benefits of 
an ABTC will exceed the full cost of obtaining a U.S. ABTC (fee + 
opportunity cost). CBP also notes that a one-time expense of $137 or 
$266, depending on whether the U.S. ABTC applicant is currently 
enrolled in a CBP trusted traveler program, is a fraction of the cost 
of frequent trans-Pacific travel.
    Thus, CBP certifies this regulation will not have a significant 
economic impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act of 1995

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more in any one year, and it will not significantly or 
uniquely affect small governments. Therefore, no actions are necessary 
under the provisions of the Unfunded Mandates Reform Act of 1995.

E. Executive Order 13132

    The rule will not have substantial direct effects on the States, on 
the relationship between the National Government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government. Therefore, in accordance with section 6 of Executive 
Order 13132, this rule does not have sufficient federalism implications 
to warrant the preparation of a federalism summary impact statement.

F. Paperwork Reduction Act

    The collections of information in this document are under review by 
OMB in accordance with the requirements of the Paperwork Reduction Act 
(44 U.S.C. 3507) under control number 1651-0121. An agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a valid control number 
assigned by OMB. The collections of information in these regulations 
are contained in Title 8, Part 235 of the CFR. CBP is revising this 
collection by adding new data elements for the U.S. ABTC Program to 
GOES. This information is required in order for respondents to 
voluntarily apply for this program. CBP will use this information to 
verify eligibility in this program. These proposed revisions to OMB 
clearance 1651-0121 for the U.S. ABTC Program application will result 
in the following estimated increase to the burden hours \41\:
---------------------------------------------------------------------------

    \41\ We estimate that a total 4,250 applicants will enroll in 
the U.S. ABTC Program each year. However, as described in the 12866 
and 13563 section above, half of these applicants will apply 
concurrently with a CBP trusted traveler program. Since this is done 
by simply checking the U.S. ABTC box and completing the self-
certification there is no additional time burden to apply for the 
U.S. ABTC for these applicants. As such, we include only the 2,125 
applicants who apply solely for a U.S. ABTC here. The time burden 
for those who apply concurrently for a U.S. ABTC and a CBP trusted 
traveler program is captured in the 40 minutes for the additional 
2,125 Global Entry applicants.
---------------------------------------------------------------------------

    Estimated number of respondents annually: 2,125.
    Estimated average annual burden per respondent: 10 minutes.
    Estimated total annual reporting burden: 361 hours.
    CBP also anticipates an increase in the number of Global Entry 
applications as a result of the U.S. ABTC Program. This will result in 
the following estimated increase to the burden hours:
    Global Entry Applications:
    Estimated number of respondents annually: 2,125.
    Estimated average annual burden per respondent: 40 minutes.
    Estimated total annual reporting burden: 1,424 hours.
    Comments concerning the collections of information should be 
directed to the Office of Management and Budget, Attention: Desk 
Officer for U.S. Customs and Border Protection, Department of Homeland 
Security, Office of Information and Regulatory Affairs, Washington, DC 
20503. A copy should also be sent to the Border Security Regulations 
Branch, Regulations and Rulings, U.S. Customs and Border Protection, 90 
K Street NE., 10th floor, Washington, DC 20229-1177.

G. Privacy

    DHS will ensure that all Privacy Act requirements and policies are 
adhered to in the implementation of this rule, and will be updating the 
Privacy Act Impact Assessment and System of Records Notice, which will 
fully outline processes to ensure compliance with Privacy Act 
protections.

H. Signing Authority

    The signing authority for this document falls under 19 CFR 0.2(a). 
Accordingly, this interim final rule is signed by the Secretary of 
Homeland Security.

IV. Authority

    This regulation is issued under the authority of 5 U.S.C. 301, 6 
U.S.C. 112, 203 and 211, 8 U.S.C. 1103 and 19 U.S.C. 2, 66 and 1624, 
and Public Law 112-54.

List of Subjects

8 CFR Part 103

    Administrative practice and procedure, Authority delegations

[[Page 27174]]

(Government agencies), Freedom of information, Immigration, Privacy, 
Reporting and recordkeeping requirements, Surety bonds.

8 CFR Part 235

    Administrative practice and procedure, Aliens, Immigration, 
Reporting and recordkeeping requirements.

Amendments to Regulations

    For the reasons set forth in this document, 8 CFR parts 103 and 235 
are amended as follows:

PART 103--IMMIGRATION BENEFITS; BIOMETRIC REQUIREMENTS; 
AVAILABILITY OF RECORDS

0
1. The authority citation for part 103 is revised to read as follows:

    Authority:  5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 
1356, 1365b; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6 
U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 
Comp., p.166; 8 CFR part 2; Pub. L. 112-54.


0
2. In Sec.  103.7, paragraph (b)(1)(ii)(N) is added to read as follows:


Sec.  103.7  Fees.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (N) U.S. Asia-Pacific Economic Cooperation (APEC) Business Travel 
Card. For filing an application for the card--$70.
* * * * *

PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

0
3. The authority citation for part 235 is revised to read as follows:

    Authority:  8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant 
to E.O. 13323, 69 FR 241, 3 CFR, 2004 Comp., p.278), 1201, 1224, 
1225, 1226, 1228, 1365a note, 1365b, 1379, 1731-32; Title VII of 
Public Law 110-229; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-
458); Pub. L. 112-54.


0
4. A new Sec.  235.13 is added to read as follows:


Sec.  235.13  U.S. Asia-Pacific Economic Cooperation Business Travel 
Card Program.

    (a) Description. The U.S. Asia-Pacific Economic Cooperation (APEC) 
Business Travel Card Program is a voluntary program designed to 
facilitate travel for bona fide U.S. business persons engaged in 
business in the APEC region and U.S. government officials actively 
engaged in APEC business within the APEC region. Participants will 
receive a U.S. APEC Business Travel Card that will enable them access 
to fast-track immigration lanes at participating airports in foreign 
APEC member economies. In order to obtain a U.S. APEC Business Travel 
Card, an individual must meet the eligibility requirements specified in 
this section, apply in advance, pay any requisite fee and be approved 
as a card holder. The APEC member economies are identified at http://www.apec.org.
    (b) Program eligibility criteria--(1) Eligible individuals. An 
individual is eligible for the U.S. APEC Business Travel Card if he or 
she is:
    (i) A U.S. citizen;
    (ii) An existing member in good standing of a CBP trusted traveler 
program or approved for membership in a CBP trusted traveler program 
during the application process described in paragraph (c) of this 
section; and
    (iii) A bona fide U.S. business person engaged in business in the 
APEC region or U.S. Government official actively engaged in APEC 
business.
    (A) ``APEC business'' means U.S. government activities that support 
the work of APEC.
    (B) A ``bona fide business person engaged in business in the APEC 
region'' means a person engaged in the trade of goods, the provision of 
services, or the conduct of investment activities in the APEC region. 
Professional athletes, news correspondents, entertainers, musicians, 
artists or persons engaged in similar occupations are not considered to 
be bona fide business persons engaged in business in the APEC region.
    (2) Conditions regarding the use of the U.S. APEC Business Travel 
Card. (i) The U.S. APEC Business Travel Card is not transferable and 
may be used only by the U.S. APEC Business Travel Card holder and not 
by anyone else including the card holder's spouse or child.
    (ii) The U.S. APEC Business Travel Card can be used only if the 
card holder is traveling solely for business purposes to a foreign APEC 
member economy and is not engaging in paid employment in the foreign 
APEC member economy.
    (c) Application process. (1) Each applicant must complete and 
submit an application electronically through the Global Entry 
Enrollment System (GOES) or other applicable process as determined by 
CBP. The application and application instructions for the card are 
available as an add-on to the CBP trusted traveler application at 
www.globalentry.gov.
    (2) Each applicant must certify that he or she is an existing 
member in good standing in a CBP trusted traveler program or that he or 
she has submitted an application to a CBP trusted traveler program; 
that he or she is a bona fide U.S. business person engaged in business 
in the APEC region or U.S. Government official actively engaged in APEC 
business; and, that he or she is not a professional athlete, news 
correspondent, entertainer, musician, artist or person engaged in a 
similar occupation.
    (3) Each applicant must provide his or her signature so that the 
signature will appear on the face of the card.
    (4) If the applicant is not a member of a CBP trusted traveler 
program, the applicant must concurrently apply for membership in a CBP 
trusted traveler program and be approved for such membership. 
Applicants for a CBP trusted traveler program must have an in-person 
interview, undergo a vetting process and pay the relevant CBP trusted 
traveler fee. Active membership in a CBP trusted traveler program is 
necessary for the entire duration of the U.S. APEC Business Travel 
Card. If membership in the CBP trusted traveler program is set to lapse 
before the U.S. APEC Business Travel Card expires, the individual must 
renew his or her CBP trusted traveler membership prior to its 
expiration date in order to retain membership in the U.S. APEC Business 
Travel Card Program.
    (5) Each applicant must pay a non-refundable fee in the amount set 
forth at 8 CFR 103.7(b)(1)(ii)(N) for ``U.S. Asia-Pacific Economic 
Cooperation (APEC) Business Travel Card'' at the time of application. 
The fee is to be paid to CBP at the time of application through the 
Federal Government's on-line payment system, Pay.gov or other CBP-
approved process.
    (6) The U.S. APEC Business Travel Card is valid for a period of 3 
years or until the expiration date of the card holder's passport if 
that is earlier, provided that membership is not suspended or 
terminated by CBP prior to the end of this period. CBP can terminate 
use of the U.S. APEC Business Travel Card if the card holder is no 
longer a member of a CBP trusted traveler program or if the individual 
is not compliant with the program requirements. Each applicant may 
apply to renew the card prior to its expiration.
    (d) Expedited entry privileges. The U.S. APEC Business Travel Card 
will enable card holders access to a dedicated fast-track lane for 
expedited immigration processing at participating airports in foreign 
APEC member economies.
    (e) Entry requirements. U.S. APEC Business Travel Card holders must 
present any travel or identity documentation, such as a passport and 
visa, required by the foreign APEC member economies.

[[Page 27175]]

    (f) Denial, removal and suspension. (1) If an applicant is denied a 
U.S. APEC Business Travel Card, CBP will notify the applicant of the 
denial, and the reasons for the denial. CBP will also provide 
instructions regarding how to proceed if the applicant wishes to seek 
additional information as to the reason for the denial.
    (2) A U.S. APEC Business Travel Card holder may be suspended or 
removed from the U.S. APEC Business Travel Card Program if CBP 
determines at its sole discretion that:
    (i) The U.S. APEC Business Travel Card holder provided false 
information in the application and/or during the application process;
    (ii) The U.S. APEC Business Travel Card holder failed to follow the 
terms, conditions and requirements of the program (including continued 
active membership in a CBP trusted traveler program);
    (iii) The U.S. APEC Business Travel Card holder has been arrested 
or convicted of a crime or otherwise no longer meets the program 
eligibility criteria; or
    (iv) Such action is otherwise necessary.
    (3) CBP will notify the U.S. APEC Business Travel Card holder of 
his or her suspension or removal in writing. Such suspension or removal 
is effective immediately.
    (4) A U.S. APEC Business Travel Card applicant or a U.S. APEC 
Business Travel Card holder who is denied, suspended, or removed will 
not receive a refund, in whole or in part, of the application fee.
    (g) Redress. An individual whose application is denied or whose 
participation is suspended or terminated has two possible methods of 
redress. These processes do not create or confer any legal right, 
privilege, or benefit on the applicant or participant, and are wholly 
discretionary on the part of CBP. The methods of redress are:
    (1) Enrollment center. If the applicant or participant applied 
concurrently for the U.S. APEC Business Travel Card and a CBP trusted 
traveler program, the applicant or participant may contest his or her 
denial, suspension or removal by writing to the enrollment center where 
that individual's CBP trusted traveler program interview was conducted. 
If the applicant or participant was already a member of a CBP trusted 
traveler program, the applicant or participant may contest his or her 
denial, suspension or removal by writing to the enrollment center where 
that individual's signature was collected for the U.S. APEC Business 
Travel Card. The enrollment center addresses are available at 
www.globalentry.gov, http://www.globalentry.gov/nexus.html and http://www.globalentry.gov/sentri.html. The letter must be received by CBP 
within 30 calendar days of the date provided as the date of suspension 
or removal. The individual should write on the envelope ``Redress 
Request RE: U.S. APEC Business Travel Card.'' The letter should address 
any facts or conduct listed in the notification from CBP as 
contributing to the denial, suspension or removal and why the applicant 
or participant believes the reason for the action is invalid. If the 
applicant or participant believes that the denial, suspension or 
removal was based upon inaccurate information, the individual should 
also include any reasonably available supporting documentation with the 
letter. After review, CBP will inform the individual of its redress 
decision. If the individual's request for redress is successful, the 
individual's eligibility to be a U.S. APEC Business Travel Card holder 
will continue immediately.
    (2) Ombudsman. Applicants and participants may contest a denial, 
suspension or removal by writing to the CBP Trusted Traveler Ombudsman 
at the address listed on the Web site www.globalentry.gov.
    (h) Duration of U.S. APEC Business Travel Card Program. DHS will 
issue U.S. APEC Business Travel Cards through September 30, 2018. 
Unless suspended or revoked, U.S. APEC Business Travel Cards issued on 
or before September 30, 2018 are valid until their expiration date, 
even if the expiration date is after September 30, 2018.

Jeh Charles Johnson,
Secretary.
[FR Doc. 2014-10767 Filed 5-12-14; 8:45 am]
BILLING CODE 9111-14-P