[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Rules and Regulations]
[Pages 22607-22630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06851]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules
and Regulations
[[Page 22607]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103 and 235
[Docket No. USCBP-2020-0035]
RIN 1651-AB34 CBP Dec. No. 24-08
Harmonization of the Fees and Application Procedures for the
Global Entry and SENTRI Programs and Other Changes
AGENCY: U.S. Customs and Border Protection (CBP), Department of
Homeland Security (DHS).
ACTION: Final rule.
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SUMMARY: This final rule amends DHS regulations regarding two CBP
trusted traveler programs: Global Entry and Secure Electronic Network
for Travelers Rapid Inspection (SENTRI). CBP is amending regulations to
make the Global Entry and SENTRI application fees uniform, provide a
uniform standard regarding payment of the Global Entry and SENTRI
application fees for minors, change the fee payment schedule and
certain aspects of the application process for SENTRI, and incorporate
SENTRI-specific regulations into DHS regulations. CBP is also amending
regulations to address Global Entry expansion to preclearance
facilities and eliminate the dedicated commuter lane systems cost fee.
DATES: This rule is effective October 1, 2024.
FOR FURTHER INFORMATION CONTACT: Rafael E. Henry, Branch Chief, Office
of Field Operations, (202) 344-3251, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Notice of Proposed Rulemaking
B. Adoption of Proposed Changes as Final
II. Summary of Changes to the Global Entry and SENTRI Programs
A. Harmonizing the CBP Trusted Traveler Programs
1. Harmonization of the Global Entry and SENTRI Fees
2. Exemption of Certain Minors From Payments of the Application
Fee
B. Establishment of New Regulation for the SENTRI Program
C. Additional Changes to the SENTRI Program
1. Changes to the Fee Payment Schedule for the SENTRI Program
2. Requirement for Electronic Submission of the SENTRI Program
Application and Payment of Fees
D. Additional Changes to the Global Entry Program
1. 8 CFR 235.12(g)
2. 8 CFR 235.12(h)
3. Other Amendments to 8 CFR 235.12
E. Conforming Amendment to 8 CFR 103.7
III. Discussion of Comments Submitted in Response to the NPRM
Proposing Changes To Harmonize the Global Entry and SENTRI Programs
A. Overview
B. Discussion of Comments
1. Comments Expressing General Support for the Rule
2. Comments Expressing General Opposition
3. Comments on Fee Structure
4. Comments on Expanding Fee Exemption for Certain Minors
5. Comments Opposing Waiver of Fees for Minor Applicants
6. Comments About Combining Global Entry, SENTRI, and NEXUS
Trusted Traveler Programs
7. Comments Opposing NEXUS Fee Change
8. Comments on SENTRI Program Changes
9. Comments on Definition of Family for Fee Exemption
10. Miscellaneous Comments
IV. Statutory and Regulatory Requirements
A. Executive Orders 12866 and 13563
1. Purpose of the Rule
2. Background
3. Costs
4. Distributional Impacts
5. Total Monetized Decrease in Transfer Payments to U.S.
Government
6. Total Monetized Increase in Transfer Payments to U.S.
Government
7. Net Transfer Payments to U.S. Government
8. Benefits and Breakeven Analysis
B. Regulatory Flexibility Act
C. Unfunded Mandates Reform Act of 1995
D. Executive Order 13132
E. Paperwork Reduction Act
F. Privacy
I. Background
U.S. Customs and Border Protection (CBP) operates several trusted
traveler programs at air, land, and sea ports of entry into the United
States that provide certain pre-approved, low-risk travelers dedicated
processing into the United States. Participants of CBP trusted traveler
programs are vetted travelers who have voluntarily applied for
membership, have paid a required fee, and have provided certain
personal data to CBP. Travelers who are active participants in a CBP
trusted traveler program are considered to be a lower risk than other
travelers because CBP conducts vetting both when the participant
applies to the program and on an ongoing basis after the applicant
becomes an approved participant. This allows CBP to focus its attention
and resources on higher-risk travelers. Three of these CBP trusted
traveler programs are the Global Entry, Secure Electronic Network for
Travelers Rapid Inspection (SENTRI),\1\ and NEXUS programs.\2\ The
Global Entry program allows pre-approved, low-risk travelers dedicated
CBP processing at designated airports, currently through the use of
automated kiosks.\3\ The SENTRI program allows dedicated processing at
specified land border ports along the U.S.-Mexico border for pre-
approved travelers. The NEXUS program is a joint trusted traveler
program between the United States and Canada, the details of which can
be found at http://www.cbp.gov/travel/trusted-traveler-programs/nexus.
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\1\ SENTRI was previously governed by the Port Passenger
Accelerated Service System (PORTPASS) regulations at 8 CFR 235.7, as
discussed in further detail below.
\2\ The Free and Secure Trade (FAST) program is another CBP
trusted traveler program that allows pre-approved commercial truck
drivers dedicated processing at select commercial ports of entry at
the northern and southern land borders. This program has different
vetting standards, is offered to a different type of traveler, and
does not have the same benefits as the Global Entry, SENTRI, and
NEXUS programs. TSA PreCheck is an additional Department of Homeland
Security (DHS) trusted traveler program administered by the
Transportation Security Administration (TSA).
\3\ CBP published an interpretive rule on August 29, 2023, at 88
FR 59439 as an interim measure to define the term ``kiosk'' to
include updated technologies for Global Entry processing in addition
to the legacy kiosks referenced in the previous version of the
regulations.
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When the Global Entry, SENTRI, and NEXUS programs were established,
each program had a separate application process. The information on
applicants and participants in each program was contained in separate
CBP databases.\4\ Over time, due to advances in
[[Page 22608]]
technology, security concerns, and the expansion of the programs, CBP
created a more unified application process and a centralized database.
Now, the Global Entry, SENTRI, and NEXUS programs use the same
application.
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\4\ Please note that other Federal agencies and foreign partners
have access to this data in certain circumstances as described below
in the section on privacy and as provided in the privacy
documentation.
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The application for Global Entry, SENTRI, or NEXUS is submitted
electronically through the Trusted Traveler Program System (TTP System)
website at https://ttp.cbp.dhs.gov. This website was formerly the
Global Online Enrollment System (GOES) website.\5\ CBP uses the same
vetting process to assess the risk level of an applicant regardless of
whether they apply to the Global Entry, SENTRI, or NEXUS program. CBP
officers review the applicant's information during the application
processing to ensure that the applicant is in compliance with U.S.
customs, immigration, and agriculture laws, regulations, and policies.
CBP officers also compare that information against various criminal,
antiterrorism, and other government databases. If an applicant appears
to meet the eligibility criteria of the specific program during initial
vetting, the applicant will be notified via the TTP System that they
are conditionally approved. The applicant can then schedule a personal
interview with a CBP officer at a time and place designated by CBP or,
(for Global Entry and NEXUS only) at a specified ``Enrollment on
Arrival'' airport.
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\5\ Prior to the effective date of this rule, SENTRI applicants
could submit a paper application, Form 823S, via mail or in person
at a port of entry.
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An applicant is notified via the TTP System if their application is
denied. An applicant may contest their denial or removal from a CBP
trusted traveler program by initiating the redress process through the
DHS Traveler Redress Inquiry Program (DHS TRIP) at https://www.dhs.gov/dhs-trip, or by contacting the Trusted Traveler Ombudsman via a
reconsideration request filed through the TTP System at https://ttp.cbp.dhs.gov. If the applicant is accepted into the Global Entry,
SENTRI, or NEXUS programs, CBP mails the appropriate Western Hemisphere
Travel Initiative (WHTI)-approved Radio Frequency Identification (RFID)
trusted traveler card to the applicant.\6\
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\6\ WHTI implements a statutory mandate to require all travelers
to present a passport or other document that denotes identity and
citizenship when entering the United States. See Intelligence Reform
and Terrorism Prevention Act of 2004, Public Law 108-458, 7209, 118.
Stat. 3638, 3823, as amended. The goal of WHTI is to facilitate
entry for U.S. citizens and authorized foreign visitors while
strengthening U.S. border security by providing standardized
documentation that enables CBP to quickly and reliably identify a
traveler. WHTI-compliant documents include valid U.S. passports,
passport cards, trusted traveler program cards, and others.
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The Global Entry, SENTRI, and NEXUS programs each have a five-year
membership period. During this five-year membership period, CBP
continually vets participants to ensure that the participating
individuals are in compliance with the respective program requirements.
In recent years, these three CBP trusted traveler programs have
developed many commonalities and have many reciprocal benefits (for
example, eligible participants in any of the three programs may use
Global Entry Kiosks at participating airports).\7\ Despite these
commonalities and shared benefits, certain aspects of the Global Entry,
SENTRI, and NEXUS programs vary, including their respective fees, the
fees charged to certain minors, the fee payment schedules, and the
application processes. CBP has determined that the different fees and
application processes are no longer warranted. Moreover, the original
fees for each of the three programs are no longer sufficient to recover
CBP's costs to administer the programs. Therefore, CBP is now
harmonizing the fees and application procedures for these programs.\8\
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\7\ See the NPRM Harmonization of the Fees and Application
Procedures for the Global Entry and SENTRI Programs and Other
Changes at 85 FR 55597 or Table 1, below, for a full list of shared
benefits.
\8\ No changes to the NEXUS program are being made through this
final rule. CBP is concurrently issuing a separate Federal Register
notice regarding changes to the NEXUS program.
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A. Notice of Proposed Rulemaking
On September 9, 2020, DHS published a notice of proposed rulemaking
(85 FR 55597) in the Federal Register proposing changes to the
regulations in order to harmonize the Global Entry and SENTRI programs,
as well as other minor changes (the NPRM). During the 60-day comment
period, DHS was notified that it had failed to include a fee study in
the docket for the rulemaking. As a result, on December 1, 2020, DHS
posted the fee study to the docket and published a notice in the
Federal Register reopening the comment period for an additional 30 days
(85 FR 77016).
DHS received a total of 38 comments in response to the NPRM. The
submissions included comments supporting the rule, requesting
clarification, providing suggestions for changes, and voicing concerns.
After review of the comments, through this final rule, CBP is
finalizing the proposed changes in the NPRM without modification.
B. Adoption of Proposed Changes as Final
In this document, CBP is adopting as final the regulatory changes
to Global Entry and SENTRI proposed by the NPRM. This rule describes
the regulatory changes being made to the Global Entry program as well
as the new regulatory provision for the SENTRI program in order to
harmonize those two programs. CBP is concurrently issuing a separate
Federal Register notice modifying the NEXUS program. Pursuant to 8
U.S.C. 1753(c), fee-setting for services and other administrative
requirements relating to joint U.S.-Canadian projects such as the NEXUS
program are exempt from the requirements of the Administrative
Procedure Act and the Paperwork Reduction Act, but fees and forms
established for such projects shall be published as a notice in the
Federal Register.
II. Summary of Changes to the Global Entry and SENTRI Programs
A. Harmonizing the CBP Trusted Traveler Programs
As discussed above, CBP is harmonizing the application fees, the
application fees paid by minors, the fee payment schedule, and the
application processes for the Global Entry, SENTRI, and NEXUS programs
through this final rule and a separate Federal Register notice. The
changes to the Global Entry and SENTRI programs are described below.
1. Harmonization of the Global Entry and SENTRI Fees
Upon the effective date of this rule, the Global Entry fee will be
increased from $100 to $120, and the total SENTRI fee will be decreased
from $122.25 to $120.\9\ CBP has performed a fee study entitled ``CBP
Trusted Traveler Programs Fee Study'' (fee study) to determine the
amount of the fee that is necessary to recover the costs associated
with processing applications for the Global Entry, SENTRI, and NEXUS
programs. CBP determined that, in making the fee uniform across the
three programs, a fee of $120 is appropriate and necessary to recover a
reasonable portion of these costs.\10\ The new $120
[[Page 22609]]
application fee applies to new applicants and to participants who are
renewing their memberships for both the Global Entry and SENTRI
programs. As described below, this non-refundable fee will be paid to
CBP at the time of submission of the application through the TTP
System. This fee will be reflected in the revised Global Entry fee
provision in title 8 of the Code of Federal Regulations (CFR) at 8 CFR
103.7, the new SENTRI fee provision in 8 CFR 103.7, the Global Entry
program regulation, 8 CFR 235.12, and the new SENTRI program
regulation, 8 CFR 235.14.
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\9\ See detailed explanation in section II. C. of this document.
\10\ The NEXUS fee is split between the United States and
Canada. The United States will only receive two-thirds of the
revenue necessary to cover its costs of the NEXUS program while
Canada receives the remaining one-third of the revenue. Please see
the fee study entitled ``CBP Trusted Traveler Programs Fee Study,''
included in the docket of this rulemaking (docket number USCBP-2020-
0035) for additional details.
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2. Exemption of Certain Minors From Payment of the Application Fee
Prior to implementation of this final rule, the Global Entry,
SENTRI, and NEXUS programs were not aligned with respect to whether
minors \11\ were charged an application fee. The Global Entry program
charged minors the full application fee, the SENTRI program had a
complex family option plan, and the NEXUS program exempted all minors
from payment of the application fee. This disparity resulted in
families choosing a program based on financial considerations, instead
of choosing a program based on the features and benefits of the
program. To eliminate this disparity and to better reflect the costs to
CBP to operate these programs, CBP is creating a uniform fee for adult
applicants as well as a uniform exemption from the fee for certain
minors.
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\11\ For the purposes of this final rule, we use the term
``minor'' to mean a person who is under the age of 18. The choice of
this age range for a minor is based on the standard age of adulthood
in the United States (18) as well as the age previously used and
currently agreed to by Canada concerning exemption of minors from
payment of the NEXUS fee.
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Through this final rule, CBP is updating the regulations to provide
that, for the Global Entry and SENTRI programs, minors are exempt from
the application fee if they apply concurrently with a parent or legal
guardian or if their parent or legal guardian is already a participant
of the same program to which the minor is applying. Otherwise, the
minor will be required to pay the $120 fee.
If the minor's parent or legal guardian is already an existing
participant of Global Entry, SENTRI, or NEXUS, the minor will be
required to enter the parent or legal guardian's name and trusted
traveler number to allow CBP to verify this information. This exemption
for minors will minimize the costs for families enrolling in the Global
Entry, SENTRI, and NEXUS programs.
All minors applying to the Global Entry, SENTRI, or NEXUS programs,
including those who are exempt from payment of the application fee,
must have the consent of a parent or legal guardian to be eligible to
participate. Further, minors (or their guardians) must complete the
application and minors are subject to the requisite vetting, including
the collection of fingerprints. For minors, a parent or legal guardian
must be present at the time of the interview with a CBP officer.
In order to incorporate this fee exemption for certain minors, CBP
is amending several regulations. With respect to the Global Entry
program, CBP is amending the fee provision, 8 CFR 103.7(d)(13),\12\ and
the Global Entry program regulation, 8 CFR 235.12(d)(2). With respect
to SENTRI, in order to harmonize the fees charged to minors in the
other programs, CBP is eliminating the SENTRI family option plans.\13\
The family option plans offered minor children discounted rates or free
enrollment based on their parent(s)' application to the SENTRI program.
Family option plans are overly complex, do not provide a fee option for
minors with legal guardians, and make arbitrary age distinctions that
are no longer used by CBP. Accordingly, CBP is now replacing the SENTRI
family option plans with new provisions regarding the SENTRI fee in 8
CFR 103.7(d)(16) \14\ and the newly added 8 CFR 235.14(c)(3). These
provisions incorporate the new SENTRI application fee and the fee
exemption for certain minors.
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\12\ At the time of publication of the NPRM, this fee provision
was located at 8 CFR 103.7(b)(1)(ii)(M). An unrelated United States
Citizenship and Immigration Services rule rearranged this section,
without substantive edits, so the Global Entry fee provision is now
located at 8 CFR 103.7(d)(13).
\13\ See the NPRM for detailed background on the previous family
option plans for SENTRI. Note that the new SENTRI regulation does
not include a family option plan or rely upon a definition of
``family'' for exemption of minors from the application fee.
\14\ In the NPRM, CBP proposed to add 8 CFR 103.7(b)(1)(ii)(P),
but this section has moved, as noted above, to 8 CFR 103.7(d), so we
now add sub-paragraph (16).
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B. Establishment of New Regulation for the SENTRI Program
This document creates a new section in part 235 of title 8 of the
CFR that specifically covers the SENTRI program. The new section
located at 8 CFR 235.14 for the SENTRI program is modeled after the
Global Entry regulations at 8 CFR 235.12 and incorporates the
parameters, requirements, and application procedures of the SENTRI
program.
The legacy Immigration and Naturalization Service (INS) developed
the SENTRI program pursuant to the regulations governing a series of
programs referred to as the Port Passenger Accelerated Service System
(PORTPASS) (8 CFR 235.7). The requirements and procedures that govern
the PORTPASS program were therefore made applicable to the SENTRI
program. Because of the transfer of functions from INS to DHS, as well
as new technology and the expansion of the CBP trusted traveler
programs, the SENTRI program has evolved since its inception under the
PORTPASS regulations, and its requirements and procedures have changed.
Now, almost all SENTRI applicants apply via the TTP System website
using an application that is common to all of the CBP trusted traveler
programs. These newer application procedures and eligibility
requirements are not reflected in the PORTPASS regulation at 8 CFR
235.7.\15\ Additionally, CBP has established CBP trusted traveler
enrollment centers, modernized the dedicated commuter lanes (DCLs)
utilized by SENTRI participants, and established common methods of
redress for all three CBP trusted traveler programs. The current
requirement for a personal interview, the updates to the DCLs, and the
redress methods are also not reflected in the PORTPASS regulations at 8
CFR 235.7, because the PORTPASS regulations are not specific to SENTRI.
As the PORTPASS regulation does not accurately reflect the current
requirements and processes for SENTRI, CBP is adding a new section that
will specifically provide the SENTRI requirements.
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\15\ As noted in the NPRM, CBP is not removing the PORTPASS
regulations because those regulations still serve as the basis for
the FAST program.
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The new section describing the SENTRI program at 8 CFR 235.14
supersedes 8 CFR 235.7 for purposes of the SENTRI program. This new
section includes a general description of the SENTRI program, the
eligibility requirements, application procedures, redress procedures,
and the requirement to pay an application fee as specified in a new fee
section located at 8 CFR 103.7(d)(16). Except for the provisions
concerning the eligibility requirements, the registration of vehicles
and the use of special lanes for approved vehicles, the other
provisions (i.e., the disqualifying criteria, application procedures,
and the available redress procedures) are the same as in the Global
Entry regulation, Sec. 235.12.
[[Page 22610]]
The eligibility criteria for the SENTRI program are set forth in
new Sec. 235.14(b)(1). An individual of any nationality is eligible to
apply for the SENTRI program. New Sec. 235.14(c) sets forth the
application procedures, including a requirement that a vehicle be
approved by CBP to use the SENTRI lanes. In order to drive a vehicle
into the United States through the SENTRI lanes, an applicant must
register the vehicle by providing information about the vehicle on the
application, and CBP will determine whether to approve the vehicle. The
approved vehicle will be subject to an inspection when the vehicle
enters the United States. This inspection will occur at secondary
inspection during one of the vehicle's crossings into the United States
at CBP's discretion.\16\ It is within CBP's sole discretion whether to
approve a vehicle for the SENTRI program.
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\16\ In accordance with the U.S. Government Accountability
Office (GAO)'s recommendation regarding its recent review conducted
of the CBP trusted traveler programs and CBP's goal of harmonizing
the three CBP trusted traveler programs, CBP has eliminated the
requirement for vehicle inspections at the enrollment center. See
GAO Report 14-483, Trusted Travelers: Programs Provide Benefits, but
Enrollment Processes Could be Strengthened (May 2014), available at:
http://www.gao.gov/products/GAO-14-483.
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New Sec. 235.14(e) states that a SENTRI participant will be issued
an RFID or other CBP-approved document granting the participant access
to specific, dedicated primary lanes into the United States. As noted
in the new regulation, users can go to www.CBP.gov, specifically
https://www.cbp.gov/travel/trusted-traveler-programs/sentri, for more
information on the location of dedicated SENTRI lanes. The new
regulation also sets forth the new fee payment schedule, and a new fee
exemption for certain minors. Accordingly, this document adds a new
provision, 8 CFR 103.7(d)(16), which sets forth the new fee, the new
fee charged to minors, and all relevant fee details for the SENTRI
program.
C. Additional Changes to the SENTRI Program
1. Changes to the Fee Payment Schedule for the SENTRI Program
With this final rule, CBP is changing the SENTRI fee payment
schedule. Prior to the effective date of this rule, the SENTRI fee was
comprised of three separate amounts that an applicant paid at various
stages in the application process: an application fee, a DCL systems
cost fee (DCL fee), and a Federal Bureau of Investigation (FBI)
fingerprinting fee. However, CBP will now require a SENTRI applicant to
pay a non-refundable application fee of $120 at the time the applicant
submits their application via the TTP System.
As discussed above, CBP performed a new fee study of the Global
Entry, SENTRI, and NEXUS programs. Based on this fee study, CBP
determined that a uniform fee of $120 is appropriate and necessary to
recover a reasonable portion of the costs associated with application
processing with respect to these three programs. This fee study was
necessary to reevaluate the existing fees due to the expansion of the
programs, advances in technology, and the shared benefits across the
programs. For example, as technology has improved, the technology
deployed and costs associated with the creation of specific dedicated
commuter lanes are no longer necessary. Previously, CBP had to create
dedicated permanent lanes for trusted traveler programs. Now, CBP has
improved technology allowing every crossing lane to have the capability
of processing general traffic and converting into lanes to process
trusted travelers.
Therefore, as explained in detail in the fee study included on the
docket, CBP has determined that the fee for the Global Entry, SENTRI,
and NEXUS programs should only incorporate those costs associated with
the application process. The costs of processing the application
include the cost of operating and maintaining the TTP System, the FBI
fingerprinting fee, the operation of enrollment centers, the vetting
process and other relevant costs. The new fee does not include any
costs related to DCLs. See the CBP Trusted Traveler Programs Fee Study
for the entire breakdown of the proposed fee (docket number USCBP-2020-
0035).\17\ Therefore, CBP has determined that it is no longer
appropriate to charge SENTRI applicants the three separate payments
under the original fee payment schedule.
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\17\ The study is available at https://www.federalregister.gov/documents/2020/12/01/2020-26275/harmonization-of-the-fees-and-application-procedures-for-the-global-entry-and-sentri-programs.
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As a result of this determination, CBP is adding 8 CFR 103.7(d)(16)
to reflect that the $120 fee encapsulates the entire SENTRI fee and is
payable at application submission. New 8 CFR 235.14(c)(3) states that
the $120 non-refundable SENTRI fee must be paid to CBP at the time of
the application submission through the TTP System or other CBP-approved
process.
2. Requirement for Electronic Submission of the SENTRI Program
Application and Payment of Fees
Prior to the effective date of this final rule, an applicant to the
SENTRI program could apply online via the TTP System website or by
submitting a paper application, Form I-823S at a port-of-entry or
through mail as described in 8 CFR 235.7(a)(4). However, this rule
eliminates the paper application as an option for SENTRI applicants,
upon this rule's effective date. SENTRI applicants will now be required
to apply to the SENTRI program online via the TTP System website,
https://ttp.cbp.dhs.gov. Eliminating the paper SENTRI application will
complete the harmonization of the application submission process for
the three programs (Global Entry, SENTRI, and NEXUS), streamline the
application process, reduce the burden on CBP officers, and expedite
the application process.
Additionally, CBP will require applicants to pay the SENTRI
application fee through the TTP System website at the time of online
application. The elimination of the paper SENTRI application makes this
change possible.
Furthermore, CBP is making changes to the procedures for paying the
additional vehicle fee. Although there is not, and will not be, a fee
for a SENTRI applicant to register one vehicle for use in the SENTRI
lanes during the initial application or renewal process, there is and
will continue to be a $42 fee to register any vehicle after the initial
application or renewal process. This rule does not change the amount of
the additional vehicle fee.
However, this rule changes the way the additional vehicle fee is
paid. Previously, a SENTRI applicant or participant could pay this fee
electronically via the TTP System or in person at the enrollment
center. Upon the effective date of this rule, CBP will require payment
of the additional vehicle fee electronically via the TTP System. CBP is
making this change because the vehicle inspection is no longer
performed at an enrollment center. Therefore, it would be inconvenient
for applicants to make an additional trip to the enrollment center
solely for the fee payment. Under the new system, if CBP approves the
vehicle for use in the SENTRI lanes, the vehicle is subject to a
vehicle inspection at secondary inspection during one of the vehicle's
crossings into the United States at CBP's discretion. Requiring an
applicant or participant to pay the additional vehicle fee online via
the
[[Page 22611]]
TTP System ensures that there is an electronic record of the payment
when the vehicle arrives at secondary inspection. It also further
harmonizes the Global Entry, SENTRI, and NEXUS programs.\18\ These
SENTRI application procedures are included in the new regulations at 8
CFR 235.14(c).
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\18\ Global Entry participants may register one vehicle for use
in the SENTRI lanes at no additional cost at the time of
application, just like SENTRI participants. These participants will
continue to pay a $42 fee to register any vehicle after the initial
application or renewal process. NEXUS participants must pay the $42
fee for any vehicle registered for use in the SENTRI lanes
regardless of the time of registration for the vehicle.
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D. Additional Changes to the Global Entry Program
1. 8 CFR 235.12(g)
Global Entry participants must follow certain procedures upon
arrival in the United States. These arrival procedures are set forth in
8 CFR 235.12(g). Prior to the implementation of this rule, those
procedures required that an arriving passenger proceed to a Global
Entry kiosk, follow the on-screen instructions, and declare all
articles brought into the United States. For the reasons discussed
below, CBP is revising this paragraph to eliminate the reference to
``arrival in the United States''. CBP is also removing the reference,
throughout the regulation, to Global Entry ``kiosks'' and replacing the
word with the phrase ``Global Entry Processing'' to allow the
applicable facilities and technology to evolve without the need to
revise the regulations again in the future. For this same reason, CBP
is also removing the phrase ``on-screen'' from the phrase concerning
following instructions and instead stating that the participant must
``follow all CBP instructions''. CBP is also amending the instructions
to remove references to ``customs declaration'' as that is not
applicable in all Global Entry locations, as discussed below.
Additionally, this rule updates the regulations for the Global
Entry program to be consistent with CBP's expansion of the program to
persons traveling to U.S. territories, as well as persons who are
processed at preclearance facilities located outside the United States.
When the regulation was first issued, CBP did not offer Global Entry at
airports located in the U.S. territories or at preclearance facilities
in foreign countries. Because of the success of the Global Entry
program and CBP's desire to facilitate the travel of additional Global
Entry, qualified SENTRI, and NEXUS participants, CBP now offers Global
Entry in certain U.S. territories and at all preclearance facilities in
foreign countries.
The expansion of Global Entry to U.S. territories allows dedicated
CBP processing of Global Entry, qualified SENTRI, and NEXUS
participants into these territories. However, pursuant to 19 CFR
7.2(b), CBP does not perform a customs function in certain U.S.
territories. Accordingly, CBP does not collect customs declarations in
those territories. As the customs declaration does not apply in all
Global Entry locations, CBP is amending 8 CFR 235.12(g) to eliminate
the reference to customs declarations, instead stating that travelers
should follow all CBP instructions when using Global Entry processing
(which will include instructions to declare items where that
functionality exists).
The expansion of Global Entry to preclearance facilities in foreign
countries also allows select foreign airports with preclearance
facilities to provide dedicated CBP processing for Global Entry,
qualified SENTRI, and NEXUS participants on direct outbound flights to
the United States.\19\ Preclearance facilities are staffed with CBP
officers responsible for conducting customs, immigration, and
agricultural inspections of passengers, crew, and their goods bound for
the United States. Generally, travelers who are inspected at a
preclearance facility are permitted to arrive at a U.S. domestic
facility and either exit the U.S. domestic terminal upon landing or
connect directly to a U.S. domestic flight without further CBP
processing. Because the Global Entry processing may occur at a point
prior to the traveler's arrival in the United States, CBP is amending 8
CFR 235.12(g) to eliminate the phrase ``upon arrival in the United
States''.
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\19\ Section 101.5 of title 19 of the CFR (19 CFR 101.5) sets
forth a list of CBP preclearance offices in foreign locations.
Section 162.8 of title 19 of the CFR (19 CFR 162.8) permits CBP
officers stationed in a foreign country at a preclearance facility
to exercise such functions and perform such duties as may be
permitted by treaty, agreement, or law of the country in which the
officer is stationed.
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2. 8 CFR 235.12(h)
Section 235.12(h) addresses certain examination and inspection
issues related to the use of Global Entry. Prior to the effective date
of this rule, the regulation specified that pursuant to the enforcement
provisions of 19 CFR part 162, Global Entry participants may be subject
to further CBP examination and inspection at any time during the
arrival process. As noted above, CBP does not have customs
responsibilities at all Global Entry locations. For this reason, CBP is
amending 8 CFR 235.12(h) to eliminate the reference to 19 CFR part 162.
Part 162 concerns, in relevant part, inspections within the customs
territory of the United States. A reference to 19 CFR part 162 is not
needed in 8 CFR 235.12(h) because the purpose of the paragraph
regarding successful use of Global Entry at any location can be more
clearly and accurately stated without specific reference to 19 CFR part
162.
3. Other Amendments to 8 CFR 235.12
In addition, CBP is making several minor changes to the language in
8 CFR 235.12. First, because Global Entry now operates in some U.S.
territories and preclearance facilities outside the United States, CBP
is removing the phrase ``expedited entry into the United States'' and
replacing it with the term ``dedicated CBP processing''. Accordingly,
CBP is updating the language in Sec. 235.12(a) and (c) to reflect
these changes.
Additionally, the interview procedures for the Global Entry program
have changed slightly since its inception. Global Entry applicants were
previously required to schedule their interviews at a Global Entry
enrollment center. Global Entry applicants now have the option to have
their personal interviews at certain participating airports referred to
as ``Enrollment on Arrival'' airports. The locations of the
participating airports can be found at https://www.cbp.gov/travel/trusted-traveler-programs/global-entry/enrollment-arrival. The
applicant does not need to schedule the interview in advance but may
only use this option if they arrive in the United States on an
international flight at one of the ``Enrollment on Arrival'' airports.
CBP may also provide additional personal interview options in the
future. Therefore, CBP is updating the language in 8 CFR 235.12(e)(1)
to eliminate the specific reference to Global Entry enrollment centers.
Finally, CBP no longer suspends a participant's Global Entry
membership. CBP either denies an applicant participation under the
disqualifying factors in 8 CFR 235.12(b)(2) or, alternatively, a Global
Entry participant is removed from the program if CBP determines under 8
CFR 235.12(j)(2) that such action is necessary. To reflect this change,
CBP is removing all references to ``suspend,'' ``suspension,'' and
``suspended'' from Sec. 235.12(d)(3), (j), and (k).
E. Conforming Amendment to 8 CFR 103.7
This document eliminates the regulation specifying the amount for
the DCL fee at 8 CFR 103.7(d)(1). This fee is for use of DCLs located
at specific ports of entry for approved PORTPASS
[[Page 22612]]
participants in designated vehicles. As discussed above, this fee is
one element of the original SENTRI program fee. SENTRI is the only
PORTPASS program in which CBP charges the DCL fee. Upon the effective
date of this final rule, the entire SENTRI fee will be specified in 8
CFR 103.7(d)(16). Since CBP will no longer have any other programs
which charge the DCL fee, this paragraph (d)(1) is unnecessary.
Therefore, CBP is removing and reserving 8 CFR 103.7(d)(1).
III. Discussion of Comments Submitted in Response to the NPRM Proposing
Changes To Harmonize the Global Entry and SENTRI programs
A. Overview
DHS received a total of 38 comments in response to the NPRM. The
submissions included comments supporting the rule, comments requesting
clarification on certain aspects of the rule, comments providing
suggestions for changes primarily to the fee structure, and comments
voicing concerns about the new fees or other parts of the programs.
Below is a summary of the comments received, grouped by category, along
with CBP's response to the comments.
B. Discussion of Comments
1. Comments Expressing General Support for Rule
Comments: Several commenters supported the proposed change allowing
for children to join these programs for free when they apply with or
after a guardian. Furthermore, other commenters supported the new fee
proposal generally. Some commenters noted that the rule would benefit
families (particularly through fee exemptions for minors applying with
or after a guardian) and facilitate travel. One commenter stated
agreement with raising the price only if it means faster access to an
interview.
Response: CBP thanks these commenters for their support. CBP agrees
with the commenters that the rule will result in cost savings to some
families applying for the Global Entry and SENTRI programs, as
described in the rule's economic impact analysis (see section on
Executive Orders 12866 and 13563). While this rule will not directly
result in faster access to interviews, CBP is always trying to innovate
to improve processing of trusted traveler applications.
2. Comments Expressing General Opposition to Rule
Comments: Several commenters expressed general opposition to the
rule, including any changes to trusted traveler program fees. Several
commenters suggested that Global Entry, SENTRI, and NEXUS fees should
remain the same. One commenter also said CBP should better allocate its
resources instead of hiking fees. Numerous commenters expressed
dissatisfaction with the wait times to get an interview for trusted
traveler programs.
Response: As previously stated, and explained in the fee study,
CBP's original Global Entry, SENTRI, and NEXUS fees are not sufficient
to recover CBP's costs to administer the programs. CBP is working to
ensure that all applicants are interviewed in a timely manner. CBP has
also implemented a remote interview pilot program,\20\ which will
reduce the backlog of conditionally approved applicants. This program
will provide additional accessible interview options that will decrease
the time applications are in the backlog of conditionally approved
applications. TTP personnel can conduct virtual interviews at select
ports of entry, thereby increasing interview capacity and improving the
enrollment process for the future.
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\20\ Currently the pilot program is only available for renewal
applications. When this final rule become effective, CBP may expand
the program to new applications as well.
---------------------------------------------------------------------------
3. Comments on Fee Structure
Comments: Several commenters suggested alternative structures to
the proposed Global Entry, SENTRI, and NEXUS fee. One commenter
suggested that CBP use an application fee scale for Global Entry,
SENTRI, and NEXUS membership where adults aged 18 and over pay $120,
children aged 0-6 pay $0, children aged 7-11 pay $40, and children aged
12-17 pay $80.
Response: CBP appreciates the commenter's suggestion to adjust the
application fee on the basis of age. CBP has considered this
alternative fee schedule but will finalize its proposal to waive only
the fee of minor applicants with a participant/concurrent applicant
parent or legal guardian because this exemption for minors will
minimize the costs for families enrolling in the Global Entry, SENTRI,
and NEXUS programs. The cost for minors with parents in the program is
offsetting, whereas waiving the fee for minors without a parent in the
program is not supported by the fee study.
Comment: One commenter opposed exempting certain minors from
application fees and instead suggested that the TTP fee structure
should closely match the U.S. passport fee structure, where first-time
applicants and renewing participants pay different fees, and children
are not exempt from application fees. The commenter believes that this
fee structure would motivate adults and children to enroll and remain
participants of Global Entry, SENTRI, and NEXUS ``in a more fair way.''
Response: CBP appreciates the commenter's suggestion to adjust the
application fee based on the U.S. passport fee structure. CBP is
finalizing its proposed fee structure instead of adopting the
commenter's suggested U.S. passport fee-based structure because CBP
generally incurs the same costs to enroll first-time and renewing
participants into the Global Entry, SENTRI, and NEXUS programs.
Charging lower fees to renewal applicants would unfairly require new
participants to subsidize the application costs of existing
participants.
Moreover, CBP does not agree with the commenter's suggestion to
adopt the U.S. passport fee structure's application fees for children.
CBP will waive the Global Entry, SENTRI, and NEXUS application fees for
minor applicants with a participant/concurrent applicant's parent or
legal guardian to lessen the financial burden of trusted traveler
program participation for families. This approach is consistent with
the original SENTRI and NEXUS fee exemption and cap for families with
minors used to lessen the financial burden of these programs to
families. CBP has determined that a harmonized fee of $120 is
appropriate and necessary to recover a reasonable portion of the costs
associated with application processing for these trusted traveler
programs.
Comment: Two commenters suggested alternatives to the proposed fee
structure if the NEXUS fee must increase. The first commenter suggested
that CBP provide a subsidy to applicants who meet certain income
requirements or low-income families. The second commenter asked CBP to
raise the NEXUS fee by no more than $10.
Response: This rule does not make changes to the NEXUS fee. Changes
to the NEXUS fee are being done through a separate notice in the
Federal Register published concurrently with this final rule. However,
CBP acknowledges that the purpose of this rule and that notice jointly
are to harmonize the Global Entry, SENTRI and NEXUS fees, therefore, we
are providing Responses regarding the NEXUS fee for transparency
purposes here in this rule even though the NEXUS fee is outside the
scope of this rule. The proposed fee already lessens the financial
burden of
[[Page 22613]]
trusted traveler program participation for families by waiving the
application fee for minors who concurrently apply for Global Entry,
SENTRI, or NEXUS with a parent or legal guardian or whose parent or
legal guardian already participates in one of the programs. Global
Entry, SENTRI, and NEXUS, as fee-funded programs, require CBP to recoup
cost of administering trusted traveler programs for frequent
international travelers through an application fee process.
Additionally, the original NEXUS fee is not sufficient to recover CBP's
costs to administer the program. Raising the NEXUS fee by only $10
would not sufficiently cover CBP's costs to administer NEXUS. As
previously stated, CBP has determined that a harmonized fee of $120 is
appropriate and necessary to recover a reasonable portion of the costs
associated with application processing for the Global Entry, SENTRI,
and NEXUS trusted traveler programs.
Comment: Two other commenters stated that they believe the proposed
$120 Global Entry, SENTRI, and NEXUS fee is ``too low,'' with one
commenter proposing a fee of $500. However, these commenters did not
provide any evidence supporting this statement or suggest any costs
that were excluded from the fee's calculation.
Response: CBP's fee study determined that a uniform $120 fee is
appropriate and necessary to recover a reasonable portion of costs
associated with application processing for the Global Entry, SENTRI,
and NEXUS programs. The commenter's suggestion to increase the fee well
beyond $120 would not be appropriate.
Comment: One commenter questioned why CBP could not process
applicants of Global Entry and SENTRI for the same $50 fee as NEXUS.
The commenter stated: ``if CBP and its Canadian counterpart, the
Canadian Border Services Agency, can process applications for an
individual for $50 and a family for just $100 while also splitting
revenue then CBP should be able to do the same for Global Entry and
SENTRI users.'' The commenter also asserted that CBP did not account
for the cost savings of the Global Entry, SENTRI, and NEXUS programs'
expedited processing when calculating the proposed $120 fee and asked
CBP to consider these savings to maintain the original $100 Global
Entry fee.
Response: The original Global Entry, SENTRI, and NEXUS fees are not
sufficient to recover CBP's costs to administer the programs. CBP has
determined that a harmonized fee of $120 is appropriate and necessary
to recover a reasonable portion of the costs associated with
application processing for these trusted traveler programs. As noted in
the rule, even though the proposed $120 fee is set to recover the full
costs of the Global Entry, SENTRI, and NEXUS programs, the United
States will only receive two-thirds of the revenue necessary to cover
its costs of the NEXUS program while Canada receives the remaining one-
third of the revenue. CBP did not adjust the $120 fee higher to account
for this split in revenue because doing so would cause applicants to
Global Entry and SENTRI to subsidize the costs of the NEXUS program and
the purpose is to harmonize the fees across the three programs.
Additionally, CBP recognizes that the Global Entry, SENTRI, and NEXUS
programs offer certain cost savings to CBP. These savings represent
time cost savings rather than budgetary savings, meaning that CBP
dedicates the savings to perform other agency missions, such as
facilitating trade and enhancing border security. CBP accounted for the
time cost savings of Global Entry, SENTRI, and NEXUS to the agency when
creating the programs and used the appropriate net costs to determine
the proposed $120 Global Entry, SENTRI, and NEXUS fee.
4. Comments on Expanding Fee Exemption for Certain Minors
Comment: Several commenters requested that CBP adjust its fee
exemption for minors. One commenter asked CBP to exempt all minors from
paying the Global Entry, SENTRI, and NEXUS application fees. Other
commenters suggested that CBP expand its fee exemption to also exempt
individuals who are 21 years old and younger and who are enrolled in
full-time studies and dependent on their parents for their housing and
subsistence from paying the Global Entry, SENTRI, and NEXUS application
fees. Another commenter requested that CBP offer application fee
waivers to individuals under the age of 26 living at the same address
as their parents or legal guardians.
Response: CBP does not agree with exempting all minors from paying
the Global Entry, SENTRI, and NEXUS application fees because the fee
study that was completed does not support that exemption and a narrower
exemption is necessary for CBP to reasonably recover its costs
associated with the programs. In calculating the fee, CBP adjusts the
per applicant cost to allow minors under the age of 18 free membership
in any of the three TTPs, while still recovering all its costs when a
parent or legal guardian is already a participant of, or concurrently
applying for the Global Entry, SENTRI, or NEXUS trusted traveler
program. The cost for waiving the fee for minors is offset when a
parent or legal guardian is applying or already enrolled in the
program, whereas the cost for waiving fees for minors without a parent
or legal guardian applying or already enrolled in the program is not
offset and not supported by the fee study. Additionally, CBP does not
agree with the suggested fee exemptions for older dependents or
individuals under the age of 26 living at the same address as their
parents or legal guardians because 18 is the standard age of adulthood
in the United States and collecting the fee for all adults is necessary
for CBP to reasonably recover its costs associated with the programs.
Further, 18 is the age previously used and currently agreed to by
Canada concerning exemption of minors from payment of the NEXUS fee,
and thus using 18 as the upper age limit for the exemption furthers the
goal of aligning the fee structure across programs.
5. Comments Opposing Waiver of Fees for Minor Applicants
Comments: Some commenters opposed exempting minors from paying the
Global Entry, SENTRI, and NEXUS programs, with several suggestions that
the exemption would degrade the integrity and value of the program. One
commenter implied that the proposed fee increase is due to waiving
minor applicants.
Response: CBP does not agree with these comments. CBP will offer
fee exemptions to minors who concurrently apply for Global Entry,
SENTRI, or NEXUS with a parent or legal guardian or whose parent or
legal guardian already participates in one of the programs to lessen
the financial burden of trusted traveler program participation for
families. This practice is consistent with the original SENTRI and
NEXUS fee exemption and cap for families with minors used to lessen the
financial burden of these programs to families. CBP will continue to
maintain the integrity and the value of the Global Entry, SENTRI, and
NEXUS programs with this fee change. The trusted traveler programs will
continue to develop innovative approaches to process arriving
travelers, while facilitating the traveling experience and enhancing
passenger security. As more fully discussed in the fee study, the
original Global Entry, SENTRI, and NEXUS fees are not sufficient to
recover CBP's costs to administer the programs. CBP has determined that
a harmonized fee of $120 is appropriate and necessary to recover a
reasonable portion of the
[[Page 22614]]
costs associated with application processing for these trusted traveler
programs. Contrary to the commenter's claims, this fee increase is a
result of updated CBP costs, as opposed to the waiver of application
fees for minors.
6. Comments About Combining Global Entry, SENTRI, and NEXUS Trusted
Traveler Programs
Comments: Several commenters suggested that CBP combine the Global
Entry, SENTRI, and NEXUS programs into one trusted traveler program in
an effort to decrease costs to CBP and decrease the proposed $120
applicant fee that is based in part on these CBP costs. One of these
commenters also noted that this consolidation seems more consistent
with the principles set forth in Executive Order 13563.
Response: CBP is not combining the Global Entry, SENTRI, and NEXUS
programs into one program at this time because of the differences in
eligibility requirements for each respective program. Combining these
three programs into one program would require significant changes to
each program. Furthermore, any changes to the NEXUS program would
require Canada's concurrence.
7. Comments Opposing NEXUS Fee Change
Comments: Several commenters opposed the proposed NEXUS fee
increase and believe that it would pose a financial burden for many
individual NEXUS participants and families. One of these commenters
also stated that the proposed fee will discourage NEXUS program
participation. They believe that the fee will subsequently discourage
interstate commerce between the United States and Canada, as well as
economically beneficial trips between the countries. Another commenter
who opposed the NEXUS fee increase stated that increasing the NEXUS
application fee would disproportionately burden most American
applicants for NEXUS, relative to applicants for Global Entry. Another
commenter who opposed the NEXUS fee increase incorrectly asserted that
the U.S. Government would profit from the proposed fee increase.
Response: As noted throughout this final rule, this final rule does
not make modifications to the NEXUS program. Modifications to that
program are being made through a separate notice in the Federal
Register and are exempt from the notice and comment requirements in the
Administrative Procedure Act pursuant to 8 U.S.C. 1753(c). Nonetheless,
CBP is providing responses to comments regarding the NEXUS program here
for clarity and transparency purposes.
Global Entry, SENTRI, and NEXUS are voluntary trusted traveler
programs that provide special benefits to participants beyond those
available to general travelers who are not participants of trusted
traveler programs. NEXUS is a joint program with Canada and requires an
applicant to have an interview with both U.S. and Canadian authorities.
The original Global Entry, SENTRI, and NEXUS fees are not sufficient to
recover CBP's costs to administer the programs. CBP has determined that
a harmonized fee of $120, or equivalent to $24 per year over the five-
year membership period, is appropriate and necessary to recover a
reasonable portion of the costs associated with application processing
for Global Entry, SENTRI, and NEXUS, while still offering reprieve to
families with minor applicants. CBP does not believe that a $70 total
increase in the NEXUS fee, or a $14 increase per year, will place a
large financial burden on NEXUS applicants. Similarly, CBP does not
believe that a $140 total increase in the NEXUS fee for families, or a
$28 increase per year, will place a large financial burden on families.
Nonetheless, each renewing or prospective NEXUS participant and family
must determine if the benefits of dedicated CBP processing into the
United States would equal or exceed the costs of joining the voluntary
program.
CBP does not believe that the increased cost for the NEXUS program
will discourage participation in the program as the program will still
be beneficial to the vast majority of travelers. Even if a traveler
chooses not to participate in the program, it is unlikely that the
traveler will forgo land travel to the United States given the only
slightly higher wait times for regular travelers along the northern
land border. Accordingly, CBP does not believe that the proposed fee
increase will discourage international commerce between the United
States and Canada or economically beneficial trips between the
countries.
Regarding the disproportionate effect on NEXUS users, CBP agrees
that the proposed fee will result in a higher application fee increase
for current NEXUS participants than current Global Entry participants.
However, the original $50 NEXUS fee is much lower than the Global Entry
and SENTRI fees, even though it has a nearly identical application
process and has even more travel benefits than the Global Entry and
SENTRI programs. As previously stated, the original Global Entry,
SENTRI, and NEXUS fees are not sufficient to recover CBP's costs to
administer the programs. Given these unreimbursed costs and the nearly
identical application processes and benefits, CBP is proposing to
increase and harmonize the application fee for these trusted traveler
programs.
Finally, as noted throughout this document, CBP has determined that
a harmonized fee of $120 is appropriate and necessary to recover a
reasonable portion of the costs associated with application processing
for these trusted traveler programs, without U.S. Government profit.
8. Comments on SENTRI Program Changes
Comments: One commenter asked if moving all applications to the
online portal, eliminating the paper application option for the SENTRI
program, will cause an undue burden on families who do not own a
computer or have access to a reliable internet connection. That
commenter also asked if the rule's requirement to pay a one-time non-
refundable application fee at the time of application rather than in
increments like the original SENTRI application fee structure would
increase the financial burden for some families to join SENTRI.
Response: Eliminating the paper SENTRI application will complete
the harmonization of the application submission process for the Global
Entry, SENTRI, and NEXUS programs,\21\ streamline the application
process, reduce the burden on CBP officers, and expedite the
application process. As stated in the rule's economic impact analysis
(see section on Executive Orders 12866 and 13563), CBP recognizes that
applying and paying for the SENTRI program and vehicle registrations
electronically requires internet access. CBP acknowledges that those
without readily available internet access will have to visit a facility
that provides internet access to the public, such as a library.
However, in 2022, CBP received 232,026 SENTRI applications and 105,063
SENTRI vehicle enrollment applications, all of which were submitted
electronically (no paper submissions).\22\ Applicants would not likely
opt to file electronically if it were more burdensome to do so. For
this reason, CBP assumes that no applicants
[[Page 22615]]
will need to travel to access the internet for the purpose of
submitting the application or paying the required fees. To the extent
that someone does need to travel, they will incur small opportunity and
transportation costs. CBP notes that the SENTRI program is a voluntary
program and that all individuals must determine if the benefits of
receiving dedicated CBP processing either meet or exceed the costs of
joining the SENTRI program.
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\21\ A NEXUS applicant may submit a paper application to apply
to the NEXUS program. This is a Canada Border Services Agency (CBSA)
form, not a CBP form. As such, the paper NEXUS application is sent
to CBSA, processed, and input by CBSA. CBP's NEXUS application and
application submission are completely electronic.
\22\ Data provided by subject matter experts from CBP's Office
of Admissibility and Passenger Programs, Trusted Traveler Programs
Division, Office of Field Operations on February 21, 2023.
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Regarding the application fee structure for families, CBP
acknowledges that families who apply to join the SENTRI program will
pay more at the time of application under the revised regulations than
under the original process. However, these families will generally pay
less overall to join the program under the revised regulations. Paying
all SENTRI application fees at the time of application instead of in
increments is consistent with CBP's goal of harmonizing the Global
Entry, SENTRI, and NEXUS application processes. Accordingly, CBP does
not support incremental application payments for SENTRI membership.
CBP does not believe that paying relatively more to join SENTRI
earlier in the application process under the revised regulations than
under the original process will introduce such a large financial burden
to families to the extent that the increase will prohibit them from
applying to join SENTRI. Nonetheless, each renewing or prospective
family participating in SENTRI must determine if the benefits of
dedicated CBP processing into the United States would equal or exceed
the costs of joining the program.
9. Comments on Definition of Family for Fee Exemption
Comments: Some commenters asked CBP to update its definition of
family that is currently included in the regulations for SENTRI fee
exemptions to reflect modern family structures. One of these commenters
was also confused by the definition of a family in the paragraph under
Table 10.
Response: The revised regulatory language for the SENTRI fee
exemptions does not include a definition for the word ``family.''
Rather, the revised Global Entry, SENTRI, and NEXUS fee exempts minors
who apply concurrently with any parent or legal guardian, or whose
parent or legal guardian is already a participant of the program to
which the minor is applying, from payment of the applicable fee. CBP
has attempted to clarify in this document that this rule does not
provide a definition of family for fee exemptions, including clarifying
the language in Table 10 highlighted by one commenter. The revised
regulations do expand the minors eligible for fee waiver as the
regulations will allow a minor applying with or after any parent or
guardian to enroll for free.
10. Miscellaneous Comments
Comments: CBP received several miscellaneous comments. One
commenter noted that the rule did not state a difference in processing
costs for the trusted traveler programs between a minor applicant with
a participant/concurrent applicant parent or legal guardian and a solo
minor applicant.
Response: Typically, there is no notable difference in CBP
processing costs between a minor applicant with a participant/
concurrent applicant parent or legal guardian and a solo minor
applicant. According to CBP subject matter experts, it takes about the
same amount of time for a CBP officer to process a solo minor trusted
traveler program applicant as it does for one who applies with a
participant/concurrent applicant parent or legal guardian. CBP has
included this processing cost information in the economic impact
analysis for this final rule. As stated above, the fee study supports
that the cost for not charging a fee for minors to apply is only offset
when a parent or legal guardian has applied for a trusted traveler
program. If a fee was not charged for minors applying and those minors
do not have a parent or legal guardian also applying for the program
that cost is not offset and therefore that policy is not supported by
the fee study.
Comment: One commenter wrongly asserted that the proposed fee
increase is a barrier for travelers, particularly minorities and
disabled individuals, to ``have the same [travel] experience as
everyone else.''
Response: The Global Entry, SENTRI, and NEXUS are voluntary trusted
traveler programs that provide dedicated processing to participants
beyond those that are provided to general travelers. Not participating
in these voluntary programs alone would not prevent travelers from
traveling to, entering, or being admitted to the United States. In
fact, these programs lead to faster processing overall for participants
and non-participants. CBP does not discriminate based on race, gender,
disability, or other protected factors and is not increasing the fees
as a method for decreasing enrollment in these programs. CBP has
determined that a harmonized fee of $120, or $24 per year over the
five-year membership period, is appropriate and necessary to recover a
reasonable portion of the costs associated with application processing
for these voluntary trusted traveler programs, while still offering
reprieve to families with minor applicants. Each renewing or
prospective Global Entry, SENTRI, and NEXUS participant must determine
if the benefits of dedicated CBP processing into the United States
would equal or exceed the costs of joining a program.
Comment: One commenter stated that the proposed fee would equal
about $160.00 Canadian dollars (CAD) using an exchange rate of $1.00
U.S. dollar (USD) = $1.35 CAD. The same commenter remarked that the
cost of NEXUS for dual citizens is well over $500.00 USD.
Response: The harmonized $120 fee captures the costs of the program
to CBP, which uses U.S. dollars. As such, this fee is in U.S. dollars.
This practice is consistent with other CBP user fees for international
travelers. CBP notes that the $120 USD fee for individuals paying in
Canadian dollars is dependent on the exchange rate, so it may be higher
or lower than $120 CAD. Further, this commenter incorrectly attributed
the cost of a U.S. passport and Canadian passport to NEXUS membership.
U.S. and Canadian passports are required for dual citizens to travel
between Canada and the United States, regardless of NEXUS membership.
NEXUS is a voluntary trusted traveler program that provides special
benefits to participants beyond those that are available to general
travelers. The fee for participation is $120.00 USD.
Comment: A few commenters noted that some credit card companies
reimburse the application fees for Global Entry applicants. Some of
these commenters also suggested that CBP encourage all credit card
issuers to offer reimbursement of the SENTRI and NEXUS enrollment fees.
Response: CBP acknowledges that prior to this rule some private
credit card companies have reimbursed the full amount of the $100 fee
to Global Entry applicants. Regardless of credit card reimbursement or
lack thereof, CBP still receives the payment for the Global Entry fee.
Therefore, CBP does not believe reimbursement of these fees by some
credit card agencies will have any impact on the analysis of this rule.
The suggestion that CBP encourage credit card issuers to offer
reimbursement is outside of the scope of this rule.
Comment: One commenter stated that application fees alone
inaccurately capture the true cost for travelers to obtain Global Entry
and NEXUS memberships.
[[Page 22616]]
Response: The commenter is correct that application fees alone do
not reflect the true cost for travelers to obtain Global Entry and
NEXUS memberships. However, the rule will not affect the Global Entry
and NEXUS application processes, and CBP expects that this rule will
not result in changes to any potential costs placed on applicants
beyond the application fees. The minor regulatory changes to Global
Entry processing reflect current practice. Thus, this rule will not
result in new costs or benefits. As such, CBP focused on the economic
impacts of the increased Global Entry fee in the rule's economic impact
analysis, along with the effects of the changes to the SENTRI program.
CBP has clarified in the final rule's economic impact analysis that the
minor regulatory changes involving Global Entry processing reflect
current practice and will therefore not introduce new costs or
benefits.
Comment: One commenter noted that CBP inadvertently failed to post
the fee study in the docket when the Harmonization of the Fees and
Application Procedures for the Global Entry and SENTRI Programs and
Other Changes Notice of Proposed Rulemaking (NPRM) was first published.
Response: To correct this omission, on December 1, 2020, CBP
published the fee study in the docket and reopened the comment period
for the NPRM and fee study for an additional 30 days.
Comment: One commenter noted that the economic impacts of the
COVID-19 pandemic, such as decreased travel, high unemployment, and
financial uncertainty, could nullify the Global Entry, SENTRI, and
NEXUS applicant forecasts upon which the proposed rule is based.
Response: CBP acknowledges that the COVID-19 pandemic previously
led to a drop in travel to the United States and negative economic
impacts. For that reason, CBP continues to use the 2015 to 2019 Global
Entry, SENTRI, and NEXUS applicant data as the basis for its proposed
fee for these programs. That data does not reflect an abnormal change
in Global Entry, SENTRI, and NEXUS program memberships and results in a
fee that still recovers a reasonable portion of costs associated with
application processing for these trusted traveler programs. If CBP
adjusted the data to reflect a smaller number of Global Entry, SENTRI,
and NEXUS applications than currently used to calculate the $120 fee,
the Global Entry, SENTRI, and NEXUS fee would be even higher than the
revised fee of $120. The higher fee would become a larger financial
burden for individuals interested in joining these trusted traveler
programs or renewing their program memberships. The larger burden would
be a result of the fact that the $120 Global Entry, SENTRI, and NEXUS
fee, as described in the fee study, is based in part on fixed costs not
dependent on the number of Global Entry, SENTRI, and NEXUS applicants.
CBP further notes that the agency is within its rights to charge less
than the full cost recovery of the Global Entry, SENTRI, and NEXUS
programs to the agency.
Comment: One commenter said that making the cost of the application
free for minors who apply with their parents will cause problems since
parents will now not hesitate to enroll kids for free. The commenter
suggested this will lead to many problems with getting approvals for
the programs, namely, longer wait times both for getting conditionally
approved and getting interviews. This commenter said interview centers
are already backed up for months and that it is almost impossible to
get an interview, so this change will only add to the unavailability of
appointments.
Response: CBP is always working on trusted traveler program
innovations and process improvements to ensure that the programs remain
efficient with the latest technologies so that processing times for all
travelers are reduced. CBP is committed to enhancing the customer
experience to include making arrival processing easier for family units
and more accessible to a greater number of individuals. CBP has
expanded hours at enrollment centers, expanded the use and efficiency
of Enrollment on Arrival, increased the number of renewal applicants
eligible for approval without a new interview or using a remote
interview and improved transparency and consistency related to the
scheduling process.
IV. Statutory and Regulatory Requirements
A. Executive Orders 12866 and 13563
Executive Orders 12866 (Regulatory Planning and Review), as amended
by Executive Order 14094 (Modernizing Regulatory Review) and 13563
(Improving Regulation and Regulatory Review) 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. CBP anticipates that during the five-year period of
analysis, this rule will result in approximately $210 million in net
transfer payments to CBP, or on average $51.2 million annually
(assuming a 7 percent discount rate and using 2022 U.S. dollars).
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. CBP has
prepared the following analysis to help inform stakeholders of the
impacts of this final rule.
1. Purpose of the Rule
CBP operates several voluntary trusted traveler programs that
afford pre-approved travelers with dedicated processing when traveling
to the United States. These programs are the Global Entry program,
SENTRI program, and NEXUS program.\23\ When originally developed, each
program had its own application process and participants of one program
could not take advantage of the benefits of other programs. As the
programs expanded, CBP determined that it was necessary to unify
certain aspects of the three trusted traveler programs. Currently, the
programs have a nearly identical application process and certain
participants of any one of the programs can enjoy nearly all the
benefits of the other two trusted traveler programs. However,
regulatory changes are needed to unify certain aspects of the programs.
---------------------------------------------------------------------------
\23\ As stated in footnote 2, the FAST program is another CBP
trusted traveler program that allows pre-approved commercial truck
drivers dedicated processing at select commercial ports of entry at
the northern and southern land borders. This program has different
vetting standards, is offered to a different type of traveler, and
does not have the same benefits as the Global Entry, SENTRI, and
NEXUS programs. TSA PreCheck is an additional DHS trusted traveler
program administered by the TSA.
---------------------------------------------------------------------------
Although the trusted traveler programs all offer nearly reciprocal
benefits with each other, the original Global Entry, SENTRI, and NEXUS
fees are $100, $122.25, and $50, respectively. In addition to leading
to potential confusion and charging different prices for nearly the
same product for prospective and renewing trusted traveler program
participants, these fees are no longer sufficient to recover CBP's
costs to administer the programs. Instead, all unreimbursed costs are
currently covered by appropriated funds. As discussed below, CBP has
determined that a harmonized fee of $120 is appropriate and necessary
to
[[Page 22617]]
recover a reasonable portion of the costs associated with application
processing for these trusted traveler programs.
Beyond harmonizing the fee for Global Entry and SENTRI programs
\24\ so that CBP recovers a reasonable portion of the costs of these
programs, this final rule CBP will also implement a number of other
changes. CBP will revise the SENTRI fee payment schedule and certain
aspects of the application process, including incorporating the SENTRI
program into DHS regulations. CBP will also exempt minors who are
applying to Global Entry or SENTRI from the fee when one or more
parents or legal guardians are already a participant of or concurrently
applying for the same program. Additionally, CBP will eliminate the DCL
fee currently applicable only to approved SENTRI participants and will
require all SENTRI program applications and additional SENTRI program
vehicle registrations fees to be paid for electronically. Finally,
Global Entry regulations will also be updated in this final rule to be
consistent with the program's expansion to certain U.S. territories and
preclearance facilities.
---------------------------------------------------------------------------
\24\ Changes to the NEXUS fee are being announced in a separate
Federal Register notice.
---------------------------------------------------------------------------
2. Background
When originally developed, the Global Entry, SENTRI, and NEXUS
programs each had its own application process and participants in one
program could not take advantage of the benefits of other programs. As
the programs expanded, CBP determined that it was necessary to unify
certain aspects of the three trusted traveler programs. Currently, the
programs have a nearly identical application process and participants
in any one of the programs can enjoy nearly all the benefits of the
other two trusted traveler programs. As shown in Table 1 below, certain
NEXUS and SENTRI participants are eligible to use Global Entry kiosks
and Global Entry participants are eligible to use NEXUS lanes and
marine reporting locations when entering the United States, as well as
SENTRI lanes. Additionally, SENTRI participants are permitted to use
NEXUS lanes and marine reporting locations when entering the United
States and NEXUS participants are permitted to use SENTRI lanes.
Table 1--Trusted Traveler Programs' Shared Benefits
----------------------------------------------------------------------------------------------------------------
Trusted traveler program
Dedicated processing through --------------------------------------------------
SENTRI Global entry NEXUS
----------------------------------------------------------------------------------------------------------------
SENTRI Lanes................................................. X X X
Global Entry Kiosks.......................................... * X X ** X
NEXUS Lanes (into U.S.)...................................... X X X
NEXUS Marine Reporting Stations (into U.S.).................. X X X
NEXUS Lanes (into CAN)....................................... ............... ............... X
NEXUS Marine Reporting Stations (into CAN)................... ............... ............... X
Automated Air Kiosks (into CAN).............................. ............... ............... X
----------------------------------------------------------------------------------------------------------------
* U.S. citizens and lawful permanent residents may use this benefit. Mexican nationals may only use this benefit
upon successful completion of a thorough risk assessment by the Mexican government.
** NEXUS participants may use this benefit if they meet all Global Entry processing requirements, including
having a valid travel document (e.g., book passport).
Despite the nearly identical application process and the nearly
reciprocal benefits each program has with one another, each of these
trusted traveler programs still had its own fee. As such, CBP is
harmonizing the application fee for these three trusted traveler
programs. CBP has determined that a fee of $120 is necessary in order
to recover a reasonable portion of the costs associated with
application processing for the Global Entry, SENTRI, and NEXUS trusted
traveler programs.\25\ The fee study documenting the fee change, has
been included on the docket of this rulemaking (docket number USCBP-
2020-0035).\26\ Table 2 presents the components of the new harmonized
fee.
---------------------------------------------------------------------------
\25\ CBP notes that \2/3\ of the revenue from NEXUS applicants
goes to the United States government and the remaining \1/3\ of
revenue from NEXUS applicants goes to the Canadian government.
Therefore, even though the fee calculated below is set to recover
the costs of the program, the United States will only receive \2/3\
of the revenue necessary to cover its costs of the NEXUS program.
CBP considers the revenue to be sufficient to cover a reasonable
portion of the costs. CBP has not adjusted the fee higher to account
for this because doing so would cause applicants to SENTRI and
Global Entry to subsidize the costs of the NEXUS program.
\26\ During the NPRM for this rule, CBP used the estimates on
enrollment numbers for SENTRI and Global Entry programs from `The
CBP Trusted Traveler Programs Fee Study.' As significant time has
passed, CBP has updated the historical and projected enrollment
numbers for SENTRI and Global Entry programs in the economic
analysis for this final rule. The harmonized $120 fee calculated in
the `The CBP Trusted Traveler Programs Fee Study,' was agreed to
with Canada. As it was based on recent, though not completely up to
date, data, CBP is not revising the fee amount in this rule.
Table 2--New Trusted Traveler Programs Fee
------------------------------------------------------------------------
------------------------------------------------------------------------
(1) TTP System/GES........................................... $17.17
(2) FBI Fingerprinting....................................... 14.50
(3) Enrollment Center........................................ 52.54
(4) Vetting Center........................................... 14.47
(5) RFID Card................................................ 15.87
(6) HQ Staff, Call Center, and Miscellaneous................. 2.54
Sum...................................................... 117.09
----------
Calculated Fee, rounded up to the nearest $5.00...... 120.00
------------------------------------------------------------------------
Although CBP is harmonizing the fee for the Global Entry, SENTRI,
and NEXUS trusted traveler programs, this rule only concerns changes to
the fee for the Global Entry and SENTRI trusted traveler programs.
Pursuant to 8 U.S.C. 1753(c), the fee setting of a joint U.S.-Canada
project, such as the NEXUS program, is exempt from the Administrative
Procedure Act. Accordingly, changes to the NEXUS fee are being
announced in a separate Federal Register notice.
Below are brief descriptions of the Global Entry and SENTRI trusted
traveler programs and an explanation of their original fee structures
(for details regarding the NEXUS trusted traveler program, please refer
to the NEXUS website at http://www.cbp.gov/travel/trusted-traveler-programs/nexus):
a. SENTRI
The SENTRI program allows pre-approved, low-risk, travelers
dedicated CBP processing at specified land border ports along the U.S.-
Mexico border. The
[[Page 22618]]
SENTRI program originally had a fee of $122.25. This fee was comprised
of three parts: a $25 application fee, an $82.75 DCL fee, and a $14.50
FBI fingerprinting fee for applicants 14 years of age or older.\27\
Prior to the effective date of this rule, unlike Global Entry and
NEXUS, SENTRI applicants did not pay the entire fee when submitting
their application. Initially, a SENTRI applicant was only required to
pay the $25 application fee. Payment of the $14.50 FBI fingerprinting
fee and the $82.75 DCL fee was only required if a SENTRI applicant was
conditionally approved for membership in the program.
---------------------------------------------------------------------------
\27\ Data provided by subject matter experts from CBP's Office
of Admissibility and Passenger Programs, Trusted Traveler Programs
Division, Office of Field Operations on May 23, 2018. Also, on March
19, 2012, the FBI fingerprinting fee decreased from $17.25 to $14.50
(76 FR 78950).
---------------------------------------------------------------------------
In order to lessen the financial burden for families applying to
the SENTRI trusted traveler program, CBP placed a cap on the maximum
amount that a family was required to pay for the application and DCL
components of the SENTRI program fee. As shown in Table 3, these caps
were $50 and $165.50, respectively, or the rough equivalent to the cost
of two applicants. For the purposes of the SENTRI program prior to this
rule, CBP considered a family to be one or more parents or legal
guardians, and minors under 18 years of age.\28\ In fiscal year (FY)
2022, CBP received $15.6 million in SENTRI fee revenue.29 30
---------------------------------------------------------------------------
\28\ Note that the new SENTRI regulation implemented in this
final rule does not rely upon a definition of ``family'' or include
a ``family option'' plan. Rather, any minor applying concurrently
with a parent or legal guardian or whose parent or legal guardian is
already a participant of SENTRI is exempt from payment of the SENTRI
application fee.
\29\ Data provided by subject matter experts from CBP's Office
of Admissibility and Passenger Programs, Trusted Traveler Programs
Division, Office of Field Operations on February 7, 2023.
\30\ In addition to requiring individuals to apply to the SENTRI
program, CBP requires that vehicles be approved by CBP for use in
SENTRI lanes. The SENTRI program fee includes the registration of
one vehicle during the initial application or renewal process. A fee
of $42 is required for any additional vehicle to be registered for
use in SENTRI lanes (maximum of four vehicles) or for the
participant to register his or her first vehicle after the initial
application or renewal process. The total SENTRI fee revenue
includes fees associated with vehicle registration. This rule will
not change these aspects of the SENTRI program.
Table 3--Illustrative SENTRI Fee Family Option Plan
------------------------------------------------------------------------
Fee component Family member Cost
------------------------------------------------------------------------
Application................. Parent or Legal $25 per person until
Guardian. the maximum family
cap of $50 is
reached.
Parent or Legal
Guardian.
Minors 14-17 years
of age.
Minors under 14
years of age.
DCL......................... Parent or Legal $82.75 per person
Guardian. until the maximum
family cap of
$165.50 is reached.
Parent or Legal
Guardian.
Minors 14-17 years
of age.
Minors under 14
years of age.
FBI Fingerprinting.......... Parent or Legal $14.50.
Guardian.
Parent or Legal $14.50.
Guardian.
Minors 14-17 years $14.50.
of age.
Minors under 14 $0.
years of age.
------------------------------------------------------------------------
Note: for the purpose of illustration this table shows a family as up to
two parents with minors of differing ages. However, CBP acknowledges
that a family could be a single parent with minors of differing ages
or a legal guardian(s) with minors of differing ages. Also, see
footnote 15, above, noting that the new SENTRI regulation does not
rely upon a definition of ``family.''
b. Global Entry
The Global Entry program allows pre-approved, low-risk travelers
dedicated CBP processing at designated airports. The Global Entry
program originally had a fee of $100. In FY 2022, CBP received $252.7
million in Global Entry fee revenue.\31\
---------------------------------------------------------------------------
\31\ Revenue data provided by CBP's Office of Admissibility and
Passenger Programs, Trusted Traveler Programs Division, Office of
Field Operations on February 7, 2023.
---------------------------------------------------------------------------
3. Costs
This final rule harmonizes the required fee when applying for
membership in the Global Entry and SENTRI trusted traveler programs.
The Global Entry and SENTRI programs originally had fees of $100 and
$122.25, respectively. As discussed above, CBP has determined that a
fee of $120 is necessary in order to recover a reasonable portion of
the costs associated with application processing for CBP's trusted
traveler programs. In addition to the fee changes, CBP is revising the
SENTRI fee payment schedule; exempting minors from paying the fee if
one or more parents or legal guardians are already a participant of or
concurrently applying for Global Entry or SENTRI; requiring all SENTRI
applicants to apply and pay electronically; requiring that additional
SENTRI program vehicle registrations be paid for electronically; and
eliminating the DCL fee currently applicable to only approved SENTRI
participants.
When assessing costs of final rules, agencies must take care to not
include transfer payments in their cost analysis. As described in OMB
Circular A-4, transfer payments occur when ``. . . monetary payments
from one group [are made] to another [group] that do not affect total
resources available to society.'' \32\ Examples of transfer payments
include payments for insurance and fees paid to a government agency for
services that an agency already provides.\33\ The Global Entry and
SENTRI trusted traveler programs are established programs that already
require a fee in order to participate. Prior to this final rule, fees
did not cover the entire costs to CBP for administering these programs
and unreimbursed costs were covered by appropriated funds. Accordingly,
the fee changes, including changes in who is exempt, to the trusted
traveler programs do not increase overall costs to society as these
unreimbursed costs are already being paid by appropriated funds. As
such, a change to the fee associated with each program is considered a
transfer
[[Page 22619]]
payment. CBP does recognize that the fee changes may have a
distributional impact on individuals and families applying or renewing
their membership in either the Global Entry or SENTRI trusted traveler
program. In order to inform stakeholders of all potential effects of
the final rule, CBP has analyzed the distributional effects of the
final rule below in section ``V. A. 4. Distributional Impacts.''
---------------------------------------------------------------------------
\32\ OMB Circular A-4: https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A4/a-4.pdf.
\33\ Regulatory Impact Analysis: Frequently Asked Questions
(FAQ): https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/assets/OMB/circulars/a004/a-4_FAQ.pdf.
---------------------------------------------------------------------------
In addition to adjusting the fees required for membership in the
Global Entry and SENTRI trusted traveler programs, CBP is requiring
that all SENTRI applicants apply and pay the requisite application fee
electronically and pay the vehicle registration fee electronically.\34\
CBP estimates that it takes the same amount of time to complete the
electronic SENTRI application and make an electronic payment for the
application and registration fee as it does to complete a paper SENTRI
application and vehicle registration and make a payment by cash or
check at an enrollment center. CBP believes that requiring an
electronic application and payment is necessary to increase efficiency
of the SENTRI program application and SENTRI vehicle registration
process. Additionally, this further harmonizes the three trusted
traveler programs because electronic applications and payments are a
current CBP requirement for the Global Entry and NEXUS programs.\35\
CBP recognizes that applying and paying for the SENTRI program and
vehicle registrations electronically requires internet access and those
without readily available internet access will have to visit a facility
that provides internet access to the public (e.g., a library). However,
in 2022, CBP received 232,026 SENTRI applications and 105,063 SENTRI
vehicle enrollment applications, all of which were submitted
electronically (no paper submissions).\36\ Applicants would not likely
opt to file electronically if it were more burdensome to do so. For
this reason, CBP assumes that no applicants will need to travel to
access the internet for the purpose of paying the required fee. To the
extent that someone does need to travel to obtain internet access, they
will incur small opportunity and transportation costs. CBP notes that
the SENTRI program is a voluntary program and that all individuals must
determine if the benefits of receiving dedicated CBP processing either
meet or exceed the costs of joining the SENTRI program.
---------------------------------------------------------------------------
\34\ CBP notes, however, that this rule does not change the
vehicle fee and each SENTRI participant will continue to receive one
vehicle registration for no additional cost when either renewing or
applying to the SENTRI program.
\35\ A NEXUS applicant may submit a paper application to apply
to the NEXUS program. This is a CBSA form, not a CBP form. As such,
the paper NEXUS application is sent to CBSA, processed, and input by
CBSA. CBP's NEXUS application and application submission are
completely electronic.
\36\ Data provided from CBP's Borderstat Database by subject
matter experts from CBP's Office of Admissibility and Passenger
Programs, Trusted Traveler Programs Division, Office of Field
Operations on February 21, 2023. CBP notes that the average time to
complete a SENTRI application is approximately one year. This
represents the time between when the application is received and the
final decision on enrollment into the SENTRI program. Therefore,
applications submitted in a given year are not always comparable to
the number of enrollments.
---------------------------------------------------------------------------
In addition to shifting the applications and vehicle registrations
to be completed electronically, CBP is codifying SENTRI vehicle
inspection changes that have previously been implemented. Formerly, the
SENTRI vehicle inspection took place at the enrollment center. On
November 17, 2015, CBP changed this inspection process and notified
affected applicants and SENTRI participants of the new process by
email. Under the new vehicle inspection process, which is still in
effect, a vehicle must be approved by CBP for use in the SENTRI lanes
and subsequently inspected at secondary inspection during one of the
vehicle's crossings into the United States at CBP's discretion. Despite
not having an inspection at the time of enrollment, vehicles remain
subject to inspections at the time of crossing through random
inspection. The SENTRI vehicle inspection changes resulting from this
rule will not result in additional benefits or costs to CBP trusted
traveler program participants because the changes have already been
implemented and because no additional trip to an enrollment center is
needed for the inspection.
Along with the regulatory changes discussed above, CBP will
implement changes to the information collection associated with the
trusted traveler programs (OMB control number 1651-0121). The change
will require a minor applying for membership in either the Global Entry
or SENTRI trusted traveler program whose one or more parents or legal
guardians are already a participant of the same program to submit his
or her parents' or legal guardians' names and trusted traveler number.
As discussed below, in section ``V. E. Paperwork Reduction Act,'' CBP
estimates that this information collection will take approximately two
minutes (0.0333 hours). CBP's trusted traveler database does not track
which minors concurrently apply to a trusted traveler program with one
or more parents or legal guardians and which minors apply after one or
more parents or legal guardians joined a trusted traveler program. CBP
subject matter experts from CBP's Office of Admissibility and Passenger
Programs estimate that two percent of minors (or parents/legal
guardians acting on their behalf) apply for membership in a trusted
traveler program after one or more parents or legal guardians have
already joined a trusted traveler program and, as such, will be subject
to the information collection.
[[Page 22620]]
Table 4 shows historical data on the number of minor applicants
that enrolled in Global Entry and SENTRI from 2015 to 2022, while Table
5 shows the estimated number of minor Global Entry and SENTRI
applications over the period of analysis spanning from 2023 to
2027.37 38 CBP based the 2023 through 2027 minor SENTRI
enrollment application figures shown in Table 5 on the compound annual
growth rate (CAGR) of minor SENTRI enrollment applications between 2015
and 2022, which is equal to six percent, applied to the number of minor
SENTRI applications in each prior year. To estimate the 2023 through
2027 minor Global Entry enrollment applications, CBP applied the 2015
to 2022 CAGR of minor Global Entry enrollment applications of 14
percent to the number of minor Global Entry enrollment applications in
each prior year.
---------------------------------------------------------------------------
\37\ Data from CBP's Borderstat database provided by subject
matter experts from CBP's Office of Admissibility and Passenger
Programs, Trusted Traveler Programs Division, Office of Field
Operations on May 23, 2018, June 22, 2021, and February 21, 2023.
\38\ Data displayed in tables throughout this analysis are in
calendar years unless otherwise noted.
Table 4--Historical Minor Enrollment Applications for SENTRI and Global
Entry, 2015-2022
------------------------------------------------------------------------
Total minor Total minor
SENTRI global entry
Year enrollment enrollment
applications applications
------------------------------------------------------------------------
2015.................................... 25,003 59,670
2016.................................... 37,102 94,631
2017.................................... 34,924 99,232
2018.................................... 32,245 101,209
2019.................................... 19,707 82,720
2020 *.................................. 13,573 38,207
2021.................................... 33,175 78,639
2022.................................... 38,622 152,530
-------------------------------
Total................................. 234,351 706,838
------------------------------------------------------------------------
* Due to the COVID-19 Pandemic, international travel halted,
significantly disrupting the SENTRI and Global Entry programs.
Note: Totals may not sum due to rounding.
Table 5--Estimated Minor SENTRI and Global Entry Enrollment
Applications, 2023-2027
------------------------------------------------------------------------
Total minor Total minor
SENTRI global entry
Year enrollment enrollment
applications applications
------------------------------------------------------------------------
2023.................................... 40,939 173,884
2024.................................... 43,396 198,228
2025.................................... 45,999 225,980
2026.................................... 48,759 257,617
2027.................................... 51,685 293,683
-------------------------------
Total................................. 230,778 1,149,392
------------------------------------------------------------------------
Note: Totals may not sum due to rounding.
As previously stated, CBP subject matter experts from CBP's Office
of Admissibility and Passenger estimate that two percent of minors (or
parents/legal guardians acting on their behalf) apply for membership in
a trusted traveler program after one or more parents or legal guardians
have already joined a trusted traveler program. As such, CBP estimates
that only two percent of the projected minor Global Entry and SENTRI
applicants shown in Table 5 will be subject to the rule's proposed
application information collection requiring the submission of the name
and trusted traveler number of an applicant's parent(s) or legal
guardian(s). These applicants will incur a two-minute (0.0333-hour)
time burden to submit this information, at a time cost of $1.57 for
Global Entry applicants and $0.68 for SENTRI applicants.\39\ Based on
the hourly time values of $47.10 for Global Entry applicants and $20.40
for SENTRI applicants.\40\ Using the projected number of minor Global
Entry and SENTRI future applicants subject to the new information
collection and the estimated time costs to complete the new information
collection, CBP estimates that it will cost minors (or parents/legal
guardians acting on their behalf) $39,232 in opportunity (or time)
costs to complete the information collection over the five-year period
of analysis. In the first year (2023), CBP estimates that the new
information collection pursuant to this rule will cost minors (or
parents/legal guardians acting on their behalf) $6,017. Table 6 shows
the number of minor Global Entry and SENTRI applicants required to
submit the name and trusted traveler number of one or more parents or
legal guardians and their annual cost to complete this information
collection.
---------------------------------------------------------------------------
\39\ $20.40 hourly time value for SENTRI applicants x 0.0333-
hour time burden to complete new information collection = $0.68
(rounded); $47.10 hourly time value for Global Entry applicants x
0.0333-hour time burden to complete new information collection =
$1.57 (rounded).
\40\ CBP bases the $20.40 hourly time value for SENTRI
applicants on the U.S. Department of Transportation's (DOT) hourly
time value of $20.40 for all-purpose, intercity travel by surface
modes (except high-speed rail). CBP used this hourly time value for
all-purpose, intercity travel by surface modes for SENTRI applicants
because SENTRI members use the program to travel to the United
States by land. CBP bases the $47.10 hourly time value for Global
Entry applicants on the DOT's hourly time value of $47.10 for all-
purpose, intercity travel by air and high-speed rail. CBP used this
hourly time value for all-purpose, intercity travel by air and high-
speed rail for Global Entry applicants because Global Entry members
primarily use the program to travel to the United States by air.
Source: U.S. Department of Transportation, Office of Transportation
Policy. The Value of Travel Time Savings: Departmental Guidance for
Conducting Economic Evaluations Revision 2 (2016 Update). ``Table 4
(Revision 2--2016 Update): Recommended Hourly Values of Travel Time
Savings.'' September 27, 2016. Available at https://www.transportation.gov/sites/dot.gov/files/docs/2016%20Revised%20Value%20of%20Travel%20Time%20Guidance.pdf. Accessed
May 25, 2022.
Table 6--Total Cost to Complete the Information Collection for Minors, 2023-2027
[Undiscounted 2022 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
Total cost to
2% of minor 2% of minor Cost to minor Cost to minor minor SENTRI
Year SENTRI global entry SENTRI global entry and global
applicants applicants applicants applicants entry
applicants
----------------------------------------------------------------------------------------------------------------
2023............................ 819 3,478 $557 $5,460 $6,017
2024............................ 868 3,965 590 6,225 6,815
2025............................ 920 4,520 626 7,096 7,722
2026............................ 975 5,152 663 8,089 8,752
2027............................ 1,034 5,874 703 9,222 9,925
-------------------------------------------------------------------------------
[[Page 22621]]
Total 2021-2025............. 4,616 22,989 3,139 36,093 39,232
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.
Total Costs
Table 7 summarizes the costs of this rule for minors to apply to
the Global Entry and SENTRI programs after one or more parents or legal
guardians have already done so. Altogether, this rule will impose a
total discounted cost on minors from 2023 to 2027 of $31,633 in present
value and $7,715 on an annualized basis (using a 7 percent discount
rate and 2022 U.S. dollars).
Table 7--Total Monetized Present Value and Annualized Costs of Rule,
2023-2027
[2022 U.S. dollars]
------------------------------------------------------------------------
3% discount 7% discount
rate rate
------------------------------------------------------------------------
Present Value Cost...................... $35,670 $31,633
Annualized Cost......................... 7,789 7,715
------------------------------------------------------------------------
Note: The estimates in this table are contingent upon CBP's projections
as well as the discount rates applied.
4. Distributional Impacts
a. SENTRI
Pursuant to this final rule, the SENTRI fee will decrease from
$122.25 to $120, the entire SENTRI fee will be required to be paid when
submitting a SENTRI program application, and minors will be exempt from
the SENTRI program fee when one or more parents or legal guardians are
either a participant of or concurrently applying for SENTRI. Table 8
shows the historical approved adult SENTRI applicants from 2015 to
2022.\41\
---------------------------------------------------------------------------
\41\ Data from CBP's Borderstat database provided by subject
matter experts from CBP's Office of Admissibility and Passenger
Programs, Trusted Traveler Programs Division, Office of Field
Operations on May 23, 2018, June 22, 2021, and February 21, 2023.
Table 8--Historical Approved Adult SENTRI Applicants, 2015-2022
------------------------------------------------------------------------
Total SENTRI
enrollment
applications
Year approved
applicants age
18 or older
------------------------------------------------------------------------
2015.................................................... 55,209
2016.................................................... 88,163
2017.................................................... 91,468
2018.................................................... 84,195
2019.................................................... 66,916
2020 *.................................................. 58,994
2021.................................................... 131,811
2022.................................................... 129,260
---------------
Total................................................. 706,016
------------------------------------------------------------------------
* Due to the COVID-19 Pandemic, international travel halted
significantly disrupting the SENTRI program.
Note: Totals may not sum due to rounding.
The SENTRI program fee decrease is estimated to save individuals 18
years of age or older $2.25 over a five-year period (an average of
$0.45 per year) when they either apply for SENTRI for the first time or
renew their SENTRI membership. Using the above historical data in Table
8 and the 13 percent CAGR of approved adult SENTRI applications between
2015 and 2022, CBP estimates that over the five-year period of analysis
from 2023 to 2027, 946,533 adults (189,307 adults per year on average)
will either join the SENTRI program or renew their memberships. Based
on these projected memberships, CBP estimates that the fee decrease
will result in decreased transfer payments from SENTRI applicants to
the U.S. Government of approximately $2,129,699 ($425,940 per year on
average) over the five-year period of analysis (946,533 estimated
SENTRI applications x $2.25 fee decrease = $2,129,699). This is shown
in Table 9 below. CBP notes that the SENTRI program is a voluntary
program, and each renewing or prospective participant must determine if
the benefits of dedicated CBP processing into the United States will
equal or exceed the costs of the program. CBP compares these benefits
and costs below in section ``V. A. 8. Benefits and Breakeven
Analysis.''
[[Page 22622]]
Table 9--Decrease in Transfer Payments From Adult SENTRI Applicants to CBP as a Result of This Rule, 2023-2027
[Undiscounted 2022 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
Approved adult
SENTRI Transfers Transfers Decrease in
Year enrollment based on old based on new transfers from
applications fee of $122.25 fee of $120 applicants
----------------------------------------------------------------------------------------------------------------
2023............................................ 146,064 $17,856,324 $17,527,680 $328,644
2024............................................ 165,052 20,177,607 19,806,240 371,367
2025............................................ 186,509 22,800,725 22,381,080 419,645
2026............................................ 210,755 25,764,799 25,290,600 474,199
2027............................................ 238,153 29,114,204 28,578,360 535,844
---------------------------------------------------------------
Total....................................... 946,533 115,713,659 113,583,960 2,129,699
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.
In addition to decreasing the fee for the SENTRI program, CBP is
requiring that the entire fee be paid when submitting an application.
Originally, renewing and prospective SENTRI participants were only
required to pay a $25 application fee when submitting a SENTRI program
application and an applicant was not responsible for the remaining fee
components, including the $14.50 FBI fingerprinting fee and the $82.75
DCL fee, if they did not receive a conditional approval. Under this
final rule, a SENTRI applicant who does not receive a conditional
approval will see a $95 increase in price ([$120 new SENTRI fee-$25
current SENTRI application fee] = $95). As previously mentioned, this
new fee does not include any costs related to DCLs because the
technology deployed, and costs associated with the creation of DCLs,
are no longer necessary and CBP is eliminating the fee with this rule.
CBP estimates that over the last four years, an average of
approximately 7,266 individuals per year did not receive a conditional
approval when applying for the SENTRI program.\42\ Using this annual
average over the last four years as a projection of SENTRI applicants
who will not receive a conditional approval over the period of
analysis, and assuming that these applicants are adults, CBP estimates
that SENTRI applicants who do not receive a conditional approval will
transfer up to an additional $3,451,350 to the U.S. Government pursuant
to the changes implemented by this rule between 2023 and 2027, or
$690,270 per year (7,266 SENTRI applicants not receiving a conditional
approval * $95 = $690,270 * 5 years = $3,451,350). This is shown in
Table 10 below.\43\
---------------------------------------------------------------------------
\42\ Data from CBP's Borderstat database provided by subject
matter experts from CBP's Office of Admissibility and Passenger
Programs, Trusted Traveler Programs Division, Office of Field
Operations on March 5, 2021, and February 21, 2023.
\43\ CBP's original estimate in the NPRM for this rule
erroneously included the FBI fingerprinting fee of $14.50 in the
amount paid by SENTRI applicants before conditional approval.
However, the FBI fingerprinting fee is actually collected after a
SENTRI applicant has been or not been conditionally approved.
Therefore, CBP adjusted these estimates since the NPRM and now for
the final rule these estimates correctly reflect that SENTRI
applicants who are not conditionally approved will experience their
fee increase from $25 to $120 under the rule as opposed to the
original estimate of a fee increase from $39.50 to $120.
Table 10--Estimated Increase in Transfer Payments From Adult SENTRI Applicants to CBP as a Result of the Rule,
2023-2027
[Undiscounted 2022 U.S. dollars] *
----------------------------------------------------------------------------------------------------------------
SENTRI
applications Transfer based Transfer based Increase in
Year without on old fee of on new fee of transfers from
conditional $25 $120 applicants
approval
----------------------------------------------------------------------------------------------------------------
2023............................................ 7,266 $181,650 $871,920 $690,270
2024............................................ 7,266 181,650 871,920 690,270
2025............................................ 7,266 181,650 871,920 690,270
2026............................................ 7,266 181,650 871,920 690,270
2027............................................ 7,266 181,650 871,920 690,270
---------------------------------------------------------------
Total....................................... 36,330 908,250 4,359,600 3,451,350
----------------------------------------------------------------------------------------------------------------
* CBP assumes, for the purposes of this analysis, that the applicants included in this table who do not receive
conditional approval for their SENTRI applications are adults.
Note: Totals may not sum due to rounding.
This rule also exempts minors from paying the SENTRI fee when one
or more parent or legal guardian is a participant of or concurrently
applies for SENTRI. As shown in Table 3, CBP originally placed a cap on
the maximum amount a family was required to pay for the application and
DCL components of the SENTRI program fee. For the purposes of the
SENTRI program prior to this rule, a family was considered to be one or
more parents or legal guardians and minors under 18 years of age. Upon
the effective date of this rule, CBP will exempt minors from the SENTRI
fee as long as one or more parents or legal guardians are a participant
of or concurrently applying for SENTRI. CBP's SENTRI database does not
track which participants have family participants that also participate
[[Page 22623]]
in the program. As such, CBP is unable to determine how many families
will benefit, or the extent to which they will benefit, from this
change. However, assuming that in the absence of this rulemaking,
future SENTRI applicants under 18 years of age will largely be exempt
from the SENTRI fee because of the existing SENTRI fee exemptions for
minors, this rule's fee exemption for minors will have no impact on
transfer payments between minor SENTRI applicants and CBP during the
period of analysis. CBP presents two examples below in Table 11 to
illustrate the possible savings that a family may receive under the
final rule.
Table 11--Illustrative Examples of the SENTRI Program Savings
----------------------------------------------------------------------------------------------------------------
Change from original
Example Fee structure Cost fee structure
----------------------------------------------------------------------------------------------------------------
A single parent or legal guardian Original.............. $244.50 ([2 individuals * No change.
and one 14-year-old minor child $25 application fee = $50]
apply for the SENTRI program. + [2 individuals * $82.75
DCL fee = $165.50] + [2
individuals * $14.50 FBI
fingerprinting fee = $29]
= $244.50).
New................... $120 ([1 adult * $120 Savings of $124.50
SENTRI program fee] + [1 ($244.50-$120 =
minor under 18 years of $124.50).
age * $0 SENTRI program
fee] = $120).
A family of four comprising of two Original.............. $273.50 ([4 individuals * No change.
parents or legal guardians, and $25 application fee = $50
two 14-year-old minor children family cap] + [4
apply for the SENTRI program. individuals * $82.75 DCL
fee = $165.50 family cap]
+ [4 individuals * $14.50
FBI fingerprinting fee =
$58] = $273.50).
New................... $240 ([2 adult * $120 Savings of $28 ($268-
SENTRI program fee] + [2 $240 = $28).
minors under 18 years of
age * $0 SENTRI program
fee] = $240).
----------------------------------------------------------------------------------------------------------------
b. Global Entry
Under the final rule, the Global Entry program fee will increase
from $100 to $120 and minors will be exempt from the Global Entry
program fee when one or more parents or legal guardians are either a
participant of or are concurrently applying for Global Entry. CBP
acknowledges that prior to the fee change, some private credit card
companies reimbursed the full amount of the $100 application fee to
Global Entry applicants. Unfortunately, CBP does not have data
available on the number of Global Entry applicants receiving such
reimbursement. Therefore, CBP is unable to project the number of
applicants who may or may not receive fee reimbursements in the future
as a result of the increased fee from $100 to $120. In any case,
regardless of whether the applicant is reimbursed by his or her credit
card company, CBP still receives the payment of the fee. Therefore, CBP
does not account for instances where a Global Entry applicant is
reimbursed the fee by a private credit card company, when estimating
the costs and benefits of this rule. Table 12 below details the
historical approved adult Global Entry applications from 2015 to
2022.\44\
---------------------------------------------------------------------------
\44\ Data from CBP's Borderstat database provided by subject
matter experts from CBP's Office of Admissibility and Passenger
Programs, Trusted Traveler Programs Division, Office of Field
Operations on May 23, 2018, June 22, 2021, and February 21, 2023.
Table 12--Historical Approved Adult Global Entry Applications, 2015-2022
------------------------------------------------------------------------
Total approved
adult GE
Year enrollment
applications
------------------------------------------------------------------------
2015.................................................... 770,875
2016.................................................... 1,154,854
2017.................................................... 1,397,685
2018.................................................... 1,455,383
2019.................................................... 1,607,717
2020 *.................................................. 802,598
2021.................................................... 1,586,181
2022.................................................... 2,287,552
---------------
Total................................................. 11,052,845
------------------------------------------------------------------------
* Due to the COVID-19 Pandemic, international travel halted,
significantly disrupting the Global Entry program.
The Global Entry program fee increase will cost individuals 18
years of age or older an additional $20 over a five-year period (an
additional $4 per year) when they either apply for the Global Entry
trusted traveler program for the first time or renew their Global Entry
membership. Considering the above historical data in Table 12 and the
17 percent CAGR of approved adult Global Entry applications between
2015 and 2022, CBP estimates that 18,773,592 adults (3,754,718 adults
per year) will either renew or apply to join the Global Entry program
over the period of analysis. Using this figure, CBP estimates that the
fee increase will result in an increased transfer payment from Global
Entry applicants to the U.S. Government (namely, CBP) of $375,471,840
from 2023 to 2027 (18,773,592 estimated Global Entry applicants * $20
fee increase = $375,471,840). In 2023, the fee increase will result in
an increased transfer payment of $53,528,720. This is shown in Table 13
below. CBP notes that the Global Entry program is a voluntary program,
and each renewing or prospective participant must determine if the
benefits of dedicated CBP processing into the United States will equal
or exceed the costs of the program. CBP compares these benefits and
costs below in section ``V. A. 8. Benefits and Breakeven Analysis.''
Table 13--Increase in Transfer Payments From Adult Global Entry Applicants to CBP as a Result of the Rule, 2023-
2027
[Undiscounted 2022 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
Approved adult Increase in
Year global entry Transfer based on Transfer based on transfers from
applications old fee of $100 new fee of $120 applicants
----------------------------------------------------------------------------------------------------------------
2023................................ 2,676,436 $267,643,600 $321,172,320 $53,528,720
[[Page 22624]]
2024................................ 3,131,430 313,143,000 375,771,600 62,628,600
2025................................ 3,663,773 366,377,300 439,652,760 73,275,460
2026................................ 4,286,614 428,661,400 514,393,680 85,732,280
2027................................ 5,015,339 501,533,900 601,840,680 100,306,780
Total............................... 18,773,592 1,877,359,200 2,252,831,040 375,471,840
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.
This rule also exempts minors from the Global Entry fee when one or
more parents or legal guardians is a participant of or concurrently
applies for Global Entry. Originally, all Global Entry applicants were
required to pay the full $100 fee. CBP's Global Entry database does not
track which participants have family participants that also participate
in the program. As such, CBP is unable to determine how many families
will benefit, or the extent to which they will benefit, from the
change. However, assuming that all minor Global Entry applicants will
be exempt from the applicant fee based on their one or more parents' or
legal guardians' concurrent application or membership, this fee change
will affect up to 1,149,392 minor Global Entry applicants (see Table 5)
and result in a maximum of $114,939,200 in fee savings to these
applicants (and their respective families). CBP presents the example
below in Table 14 to illustrate the possible savings that a family may
receive under the final rule. Table 15 shows the potential decrease in
transfer payments from minor Global Entry applicants to CBP as a result
of this rule under the assumption that all minor Global Entry
applicants will be exempt from the applicant fee with this rule based
on their one or more parents' or legal guardians' concurrent Global
Entry application or membership.
Table 14--Illustrative Example of the Global Entry Program Savings
----------------------------------------------------------------------------------------------------------------
Change from original
Example Fee structure Cost fee structure
----------------------------------------------------------------------------------------------------------------
A single parent or legal guardian Original.............. $200 ([1 adult * $100 No change.
and one 14-year-old minor child current Global Entry
apply for the Global Entry program. program fee] + [1 minor
under 18 years of age *
$100 current Global Entry
program fee] = $200).
New................... $120 ([1 adult * $120 Savings of $80 ($200-
Global Entry program fee] $120 = $80).
+ [1 minor under 18 years
of age * $0 Global Entry
program fee] = $120).
A family of four comprising two Original.............. $400 ([2 adults * $100 No change.
parents or legal guardians and two current Global Entry
minor children under 18 years of program fee] + [2 minors
age apply for the Global Entry under 18 years of age *
program. $100 current Global Entry
program fee] = $400).
New................... $240 ([2 adults * $120 Savings of $160 ($400-
Global Entry program fee] $240 = $160).
+ [2 minors under 18 years
of age * $0 Global Entry
program fee] = $240).
----------------------------------------------------------------------------------------------------------------
Table 15--Potential Decrease in Transfer Payments From Minor Global Entry Applicants to CBP as a Result of the
Rule, 2023-2027
[Undiscounted 2022 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
Potential
Minor global Transfer based on Transfer based on decrease in
Year entry applicants old fee of $100 new fee of $0 transfers from
applicants
----------------------------------------------------------------------------------------------------------------
2023................................ 173,884 $17,388,400 $0 $17,388,400
2024................................ 198,228 19,822,800 0 19,822,800
2025................................ 225,980 22,598,000 0 22,598,000
2026................................ 257,617 25,761,700 0 25,761,700
2027................................ 293,683 29,368,300 0 29,368,300
---------------------------------------------------------------------------
Total........................... 1,149,392 114,939,200 0 114,939,200
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.
[[Page 22625]]
5. Total Monetized Decrease in Transfer Payments to U.S. Government
Table 16 summarizes the total monetized decrease in transfer
payments from the Global Entry and SENTRI applicants to CBP as a result
of this final rule (see Table 9 and Table 15). Altogether, this rule
could result in a total discounted decrease in monetized transfer
payments from Global Entry and SENTRI applicants to the U.S. Government
from 2023 to 2027 ranging from $94.3 million to $106.4 million in
present value and $23.0 million to $23.2 million on an annualized
basis, depending on the discount rate used.
Table 16--Total Potential Monetized Present Value and Annualized
Decrease in Transfer Payment From Applicants to CBP as a Result of the
Rule, 2023-2027
[2022 U.S. dollars]
------------------------------------------------------------------------
3% Discount rate 7% Discount rate
------------------------------------------------------------------------
Present Value Decrease in Transfer $106,406,193 $94,322,091
Payment..........................
Annualized Decrease in Transfer 23,234,279 23,004,280
Payment..........................
------------------------------------------------------------------------
Note: The estimates in this table are contingent upon CBP's projections
as well as the discount rates applied.
6. Total Monetized Increase in Transfer Payments to U.S. Government
Table 17 summarizes the total monetized increase in transfer
payments from the Global Entry and SENTRI applicants to CBP as a result
of this final rule. Altogether, this rule could result in a total
discounted increase in monetized transfer payments from Global Entry
and SENTRI applicants to the U.S. Government from 2023 to 2027 (see
Table 10 and Table 13) ranging from $304.3 million to $343.9 million in
present value and $74.2 million to $75.1 million on an annualized
basis, depending on the discount rate used.
Table 17--Total Potential Monetized Present Value and Annualized
Increase in Transfer Payments From Applicants to CBP as a Result of the
Rule, 2023-2027
[2022 U.S. dollars]
------------------------------------------------------------------------
3% Discount rate 7% Discount rate
------------------------------------------------------------------------
Present Value Increase in Transfer $343,919,284 $304,296,025
Payments.........................
Annualized Increase in Transfer 75,096,348 74,214,969
Payments.........................
------------------------------------------------------------------------
Note: The estimates in this table are contingent upon CBP's projections
as well as the discount rates applied.
7. Net Transfer Payments to U.S. Government
Table 18 illustrates the potential monetized net transfer payments
of this rule from Global Entry and SENTRI applicants to the U.S.
Government (namely, CBP). As shown, the total monetized present value
net transfer payment of this rule from applicants to the U.S.
Government over the five-year period of analysis from 2023 to 2027
could range from approximately $210.0 million to $237.5 million. The
annualized net transfer payment could measure between $51.2 million and
$51.9 million over the period of analysis.
Table 18--Total Potential Monetized Present Value and Annualized Net Transfer Payments of Rule, 2023-2027
[2022 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
3% Discount rate 7% Discount rate
---------------------------------------------------------------------------
Present value Annualized Present value Annualized
----------------------------------------------------------------------------------------------------------------
Total Decrease in Transfer Payments $106,406,193 $23,234,279 $94,322,091 $23,004,280
from Applicants to CBP.............
Total Increase in Transfer Payments 343,919,284 75,096,348 304,296,025 74,214,969
from Applicants to CBP.............
Total Net Transfer Payments from 237,513,091 51,862,069 209,973,935 51,210,689
Applicants to CBP..................
----------------------------------------------------------------------------------------------------------------
Note: The estimates in this table are contingent upon CBP's projections as well as the discount rates applied.
8. Benefits and Breakeven Analysis
CBP is exempting minors from paying the trusted traveler program
fee when one or more parents or legal guardians is a participant of or
concurrently applying for membership in the same program to which the
minor is applying. Originally, minors applying for the Global Entry
program were required to pay the full $100 program fee. Minors applying
for the SENTRI program, however, could be exempt from certain SENTRI
fee components (see Table 3). In addition, to lessen the financial
burden for families applying to the SENTRI trusted traveler program,
CBP originally placed a cap on the maximum amount that a family was
required to pay for the application and DCL components of the SENTRI
program fee. The maximum caps were $50 and $165.50, respectively. For
the purposes of the SENTRI program prior to this rule, CBP considered a
family to be one or more parents or legal guardians, and minors under
18 years of age.
The fee exemption for certain minors pursuant to this rule is a
reduction in a transfer payment. As such, this change is not considered
a benefit of this rule to society. CBP does recognize, however, that
the fee changes may have a positive distributional impact on
[[Page 22626]]
individuals and families applying or renewing their memberships in
either the Global Entry or SENTRI trusted traveler program. In order to
inform stakeholders of all potential effects of the final rule, CBP has
analyzed the distributional effects of the final rule in section
``V.A.4. Distributional Impacts.''
With this rule, CBP is codifying Global Entry benefits that have
previously been implemented. These benefits allow the use of Global
Entry in U.S. territories and preclearance facilities. These changes,
however, will not confer additional benefits to trusted traveler
program participants because they are currently operational. As such,
these changes are not analyzed in this analysis.
Lastly, CBP is harmonizing the membership fee of $120 for the
Global Entry, SENTRI, and NEXUS trusted traveler programs.\45\ Although
the trusted traveler programs all offer nearly reciprocal benefits with
each other, the original Global Entry, SENTRI, and NEXUS fees were
$100, $122.25, and $50, respectively. In addition to leading to
potential confusion and charging of different prices for nearly the
same product for prospective and renewing trusted traveler program
participants, these different fees are no longer sufficient to recover
CBP's costs to administer the programs. While not easily quantifiable,
the fee harmonization will allow individuals to choose the trusted
traveler program that meets their travel needs best rather than
choosing a program based on the cost. Additionally, the harmonized fee
will ensure that a reasonable portion of the CBP costs is recovered and
that costs are more equitably distributed among all the trusted
traveler program participants now that each program has nearly
reciprocal benefits with the other programs.
---------------------------------------------------------------------------
\45\ As discussed above, CBP will be issuing a separate Federal
Register notice to change the NEXUS fee to $120.
---------------------------------------------------------------------------
The U.S. GAO conducted a review of the Global Entry, SENTRI, and
NEXUS trusted traveler programs.\46\ During this review, GAO observed
14 land border crossings that utilized SENTRI lanes. Of these 14
crossings, GAO observed 11 crossings where vehicles experienced a time
savings of at least 15 minutes (0.25 hours) when crossing the U.S.-
Mexico border compared to vehicles in traditional lanes. Considering
these observed time savings and the assumed $20.40 hourly time value
for SENTRI applicants, CBP estimates that a SENTRI participant saves
approximately $5.10 per crossing ($20.40 estimated hourly time value *
0.25 hours of time savings = $5.10). Based on these time cost savings
per crossing, CBP estimates that a SENTRI participant 18 years of age
or older must make five crossings per year for the benefits of the
SENTRI program to equal the cost of membership over the five-year
period of analysis ($120 SENTRI fee / 5 years of membership = $24
membership cost per year; $24 membership cost per year / $5.10
estimated savings per crossing = 5 crossings per year (rounded
up)).\47\ This compares to the five crossings currently required under
the baseline ($122.25 current SENTRI fee / 5 years of membership =
$24.45 membership cost per year; $24.45 membership cost per year /
$5.10 estimated savings per arrival = 5 crossings per year (rounded
up)).
---------------------------------------------------------------------------
\46\ Trusted Travelers: Programs Provide Benefits, but
Enrollment Processes Could Be Strengthened; available at: http://www.gao.gov/products/GAO-14-483.
\47\ This document does not change the current application and
the interview process. Accordingly, these estimates do not account
for the opportunity cost associated with applying and interviewing
for the SENTRI trusted traveler program.
---------------------------------------------------------------------------
The GAO found that the average time savings for travelers using
Global Entry kiosks is 10 minutes (0.1667 hours) to 27 minutes (0.45
hours). As referenced above, using DOT's guidance, CBP estimates a
Global Entry applicant's hourly time value to be $47.10 per hour. Using
this estimate and the minimum Global Entry time savings identified by
GAO, CBP estimates that Global Entry participants save at least $7.85
per arrival ($47.10 estimated hourly time value * 0.1667 hours of
minimum time savings = $7.85). Based on these minimum time cost savings
per arrival, CBP estimates that a Global Entry participant 18 years of
age or older must make four arrivals per year for the benefits of the
Global Entry program to equal the cost of membership ($120 Global Entry
fee / 5 years of membership = $24 membership cost per year; $24
membership cost per year / $7.85 estimated savings per arrival = 4
arrivals per year (rounded up)).\48\ This compares to the three
arrivals currently required under the baseline ($100 current Global
Entry fee / 5 years of membership = $20 membership cost per year; $20
membership cost per year / $7.85 estimated savings per arrival = 3
arrivals per year (rounded up)).
---------------------------------------------------------------------------
\48\ This document does not change the existing application and
interview process. Accordingly, these estimates do not account for
the opportunity cost associated with applying and interviewing for
the Global Entry trusted traveler program.
---------------------------------------------------------------------------
B. Regulatory Flexibility Act
This section examines the impact of the rule on small entities as
required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as
amended by the Small Business Regulatory Enforcement and Fairness Act
of 1996 (SBREFA). 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).
This rule will directly regulate individuals who are primarily not
considered small entities under the Regulatory Flexibility Act, as
amended by SBREFA. However, a small number of individuals may obtain
the rule's trusted traveler benefit as a sole proprietor. When choosing
to re-enroll in the Global Entry or SENTRI programs once this rule is
in effect, these sole proprietors must determine if the benefit of
receiving dedicated CBP processing still meets or exceeds the cost of
joining one of these programs. If an individual voluntarily chooses to
join the Global Entry or SENTRI program as a sole proprietor under this
rule and he/she is approved for membership, he/she will incur a maximum
cost of $20 per year (based on the new Global Entry enrollment fee
change from $100 to $120 for adult applicants).\49\ CBP does not
believe that this cost will result in a significant economic impact.
For these reasons, CBP certifies that the final rule will not have a
significant economic impact on a substantial number of small entities.
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\49\ Under the final rule, a SENTRI applicant who does not
receive a conditional approval will see an $80.50 increase in price
compared to the baseline.
---------------------------------------------------------------------------
C. 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 (adjusted for inflation), 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.
D. 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
[[Page 22627]]
warrant the preparation of a federalism summary impact statement.
E. Paperwork Reduction Act
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 for the
Global Entry and SENTRI applications are approved by OMB in accordance
with the Paperwork Reduction Act (44 U.S.C. 3507) under control number
1651-0121.\50\ The changes contained in these regulations under 8 CFR
part 235 revise the collection of information by requiring electronic
submission of the SENTRI application and eliminating paper Form 823S.
Additionally, this regulation will require a minor applying for
membership in either the Global Entry or SENTRI trusted traveler
program whose one or more parents or legal guardians are already a
participant of the same program to submit his or her parents' or legal
guardians' names and trusted traveler numbers.
---------------------------------------------------------------------------
\50\ The changes to the NEXUS program are exempt from the PRA
requirements pursuant to 8 U.S.C. 1753(c).
---------------------------------------------------------------------------
OMB-approved collection 1651-0121 will be amended to reflect Global
Entry and SENTRI information collections for minor applicants. CBP
estimates that this rule will result in an additional two-minute time
burden on minors applying for membership in either the Global Entry or
SENTRI trusted traveler program whose one or more parents or legal
guardians is already a participant of the same program to submit his or
her parents' or legal guardians' names and trusted traveler numbers.
CBP estimates that this will affect 3,051 minor Global Entry applicants
and 772 minor SENTRI applicants annually and result in an additional
127 burden hours.
This new information collection requirement will result in the
following revision of additional burden hours to the SENTRI information
collection:
Estimated number of respondents annually: 772.
Estimated average annual burden per respondent: 0.033 hours.
Estimated total annual reporting burden: 26 hours.
The addition of these burden hours will revise the total burden
associated with the SENTRI application to 111,947.
These new requirements result in the following revision of
additional burden hours for the Global Entry information collection:
Estimated number of respondents annually: 3,051.
Estimated average annual burden per respondent: 0.033 hours.
Estimated total annual reporting burden: 102 hours.
The addition of these burden hours will revise the total burden
associated with the Global Entry application to 1,626,823.
This rule changes the SENTRI fee from $122.25 to $120 for adults
and certain minors and reduces the fee for minors from the fee
currently applicable under the family option plan to zero when one or
more parents or legal guardians is a participant in or concurrently
applying for SENTRI. CBP is also requiring that the entire fee be paid
when submitting an application. Originally, renewing, and prospective
SENTRI participants were only required to pay a $25 application fee
when submitting a SENTRI program application and an applicant was not
responsible for the remaining fee components, including the $14.50 FBI
fingerprinting fee and the $82.75 DCL fee, if they did not receive a
conditional approval. Under this final rule, a SENTRI applicant who
does not receive a conditional approval will see an $95 increase in
price ([$120 new SENTRI fee - $25 old SENTRI application fee] = $95).
The total annual estimated cost associated with the SENTRI fee that is
currently approved by OMB under control number 1651-0121 is
approximately $15,600,000. Pursuant to this rule, the total annual
estimated costs associated with the SENTRI fee could be $15,511,200,
which reflects a decrease of $88,800.\51\
---------------------------------------------------------------------------
\51\ As stated in footnote 43, CBP's original estimate in the
NPRM for this rule erroneously included the FBI fingerprinting fee
of $14.50 in the amount paid by SENTRI applicants before conditional
approval. However, the FBI fingerprinting fee is actually collected
after a SENTRI applicant has been or not been conditionally
approved. Therefore, CBP adjusted these estimates since the NPRM and
now for the final rule these estimates correctly reflect that SENTRI
applicants who are not conditionally approved will experience their
fee increase from $25 to $120 under the rule as opposed to the
original estimate of a fee increase from $39.50 to $120. CBP's
trusted traveler databases do not track which participants have
family members that also participate in the program and will be
exempt from the fee due to family membership fee caps. As such, this
may not reflect the actual costs of the SENTRI fee to respondents.
---------------------------------------------------------------------------
This final rule also changes the Global Entry fee from $100 to $120
for adults and certain minors (8 CFR 235.12 and 8 CFR 103.7) and
reduces the fee for certain minors from $100 to zero when one or more
parents or legal guardians is a participant of or concurrently applying
for Global Entry (8 CFR 235.12 and 8 CFR 103.7). The total annual
estimated cost associated with Global Entry that is currently approved
by OMB under control number 1651-0121 is approximately $252,700,000.
Pursuant to this rule, the total annual estimated costs associated with
the Global Entry fee could be $292,809,840, which reflects an increase
of $40,109,840.\52\
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\52\ CBP's trusted traveler databases do not track which
participants have family members that also participate in the
program and will be exempt from the fee due to family membership fee
exemptions. As such, this may not reflect the actual costs of the
Global Entry fee to respondents.
---------------------------------------------------------------------------
F. Privacy
CBP generally requires travelers to apply for membership in a CBP
trusted traveler program, such as Global Entry and NEXUS, through the
TTP System website (https://ttp.cbp.dhs.gov/). CBP uses the cloud-based
Trusted Traveler Program (TTP) Systems for online application to CBP
programs; and uses the General Services Administration (GSA) Login.gov
portal for identity authentication. CBP maintains trusted traveler
information in the Global Enrollment System (GES), Trusted Traveler
Program (TTP) Systems, and DHS Automated Biometric Identification
System (IDENT). The personally identifiable information provided by the
applicants, including the fingerprint biometrics taken at the time of
the personal interview, may be shared with other government and law
enforcement agencies as well as foreign governments in accordance with
applicable laws and regulations, including as described in the Privacy
Act system of records notice (SORN) for Trusted and Registered Traveler
programs (Department of Homeland Security/U.S. Customs and Border
Protection--002 Trusted and Registered Traveler System of Records, 85
FR 14214 (March 11, 2020), available at https://www.federalregister.gov/documents/2020/03/11/2020-04982/privacy-act-of-1974-system-of-records and http://www.dhs.gov/system-records-notices-sorns. (This SORN previously referred to GES instead of Trusted and
Registered Traveler systems and still covers what is elsewhere referred
to as GES.) CBP provides additional information about GES and its CBP
trusted traveler programs in its Privacy Impact Assessment (PIA) for
GES, DHS/CBP/PIA--002 Global Enrollment System, and subsequent updates,
available at https://www.dhs.gov/publication/global-enrollment-system-ges. Applicants' biometric information (fingerprints, photographs)
submitted as part of a TTP application are stored in the DHS biometric
repository, DHS Automated Biometric Identification System (IDENT). DHS
has provided information about IDENT in the Privacy Impact Assessment
for the Automated
[[Page 22628]]
Biometric Identification System (IDENT), DHS/NPPD/PIA--002 (Dec. 7,
2012), and Appendices, available at https://www.dhs.gov/publication/dhsnppdpia-002-automated-biometric-identification-system.
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Authority delegations
(Government agencies), Fees, 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 the Regulations
For the reasons set forth in the preamble, CBP is amending 8 CFR
parts 103 and 235 as set forth below.
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, 1372; 31 U.S.C. 9701; 48 U.S.C. 1806; 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, 125
Stat 550; 31 CFR part 223.
0
2. Amend Sec. 103.7 as follows:
0
a. Remove and reserve paragraph (d)(1);
0
b. Add paragraph (d)(7)(vii);
0
c. Revise paragraph (d)(13);
0
d. Add paragraph (d)(16).
The additions and revision read as follows:
Sec. 103.7 Fees.
* * * * *
(d) * * *
(7) * * *
(vii) For the SENTRI program, see paragraph (d)(16) of this
section.
* * * * *
(13) Global Entry. For filing an application for Global Entry--
$120. Minors under the age of 18 who apply to the Global Entry program
concurrently with a parent or legal guardian, or whose parent or legal
guardian is already a participant of Global Entry, are exempt from
payment of the application fee.
* * * * *
(16) SENTRI program. For filing an application for the SENTRI
program--$120. Minors under the age of 18 who apply to the SENTRI
program concurrently with a parent or legal guardian, or whose parent
or legal guardian is already a participant of SENTRI, are exempt from
payment of the application fee. Registration of one vehicle for use in
the SENTRI lanes is included in the $120 application fee and may be
done during the initial application or renewal process If an applicant
or participant wishes to register more than one vehicle for use in the
SENTRI lanes, or the participant registers any vehicle after the
initial application or renewal process, that applicant or participant
will be assessed an additional fee of $42 for each vehicle.
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION
0
3. The authority citation for part 235 is revised to read as follows:
Authority: 6 U.S.C. 218 and note; 8 U.S.C. 1101 and note, 1103,
1158, 1182, 1183, 1185 (pursuant to E.O. 13323, 69 FR 241, 3 CFR,
2004 Comp., p.278), 1185 note, 1201, 1224, 1225, 1226, 1228, 1365a
note, 1365b, 1379, 1731-32; 48 U.S.C 1806 and note; Pub. L. 115-218.
0
4. In Sec. 235.7, revise the section heading and redesignate
paragraphs (a)(1)(ii) through (iv) as paragraphs (a)(1)(iii) through
(v) and add new paragraph (a)(1)(ii).
The revision and addition read as follows:
Sec. 235.7 Automated inspection services (PORTPASS).
(a) * * *
(1) * * *
(i) * * *
(ii) SENTRI program. Although the SENTRI program is a PORTPASS
program, all the parameters of the SENTRI program, including the
eligibility requirements, application procedures, redress procedures,
registration of vehicles, use of dedicated commuter lanes, and fee
requirements are specified in Sec. 235.14. For purposes of the SENTRI
program, Sec. 235.14 supersedes the provisions of this section.
* * * * *
0
5. Amend Sec. 235.12 as follows:
0
a. Revise paragraphs (a), (c), (d)(2) and (3), (e)(1), (g), (h), the
paragraph (j) heading, and paragraphs (j)(2) introductory text, (j)(4),
and (k); and
0
b. Remove paragraph (l).
The revisions read as follows:
Sec. 235.12 Global Entry program.
(a) Program description. The Global Entry program is a voluntary
international trusted traveler program consisting of an integrated
passenger processing system that facilitates the movement of pre-
approved, low-risk, air travelers by providing dedicated CBP processing
at specified airports. In order to participate, a person must meet the
eligibility requirements specified in this section, apply in advance,
undergo vetting by CBP, and be accepted into the program. The Global
Entry program allows participants dedicated CBP processing at selected
airports identified by CBP at www.cbp.gov. Participants in the Global
Entry program may also take advantage of certain benefits of the Secure
Electronic Network for Travelers Rapid Inspection (SENTRI) and NEXUS
programs. Please see http://www.cbp.gov for additional information.
Participants will be processed through the use of CBP-approved
technology that will include the use of biometrics to validate identity
and to perform enforcement queries.
* * * * *
(c) Participating airports. The Global Entry program allows
participants dedicated CBP processing at the locations identified at
www.cbp.gov. Expansions of the Global Entry program to new airports
will be announced by publication in the Federal Register and at
www.cbp.gov.
(d) * * *
(2) Except for certain minors, all applicants must pay the non-
refundable fee in the amount set forth at 8 CFR 103.7(d)(13) for
``Global Entry.'' Minors under the age of 18 who apply to the Global
Entry program concurrently with a parent or legal guardian, or whose
parent or legal guardian is already a participant of Global Entry, are
exempt from payment of the applicable fee. The fee is to be paid to CBP
at the time of application through the online TTP System, which can be
found through www.cbp.gov, or other CBP-approved process.
(3) Every applicant accepted into Global Entry is accepted for a
period of 5 years provided participation is not terminated by CBP prior
to the end of the 5-year period. Each applicant may apply to renew
participation up to one year prior to the close of the participation
period.
* * * * *
(e) * * *
(1) After submitting the application, conditionally approved
applicants will be notified by CBP that they need to undergo a personal
interview.
* * * * *
(g) Arrival procedures. In order to utilize the Global Entry
program, each participant must:
(1) Proceed to Global Entry Processing and follow all CBP
instructions; and
[[Page 22629]]
(2) Proceed to the nearest open primary inspection station if CBP
determines it is appropriate.
(h) Application for entry, examination, and inspection. Each
successful use of Global Entry constitutes a separate and completed
inspection and application for entry by the participant on the date
that Global Entry is used. Global Entry participants may be subject to
further CBP examination and inspection at any time during the arrival
process.
* * * * *
(j) Denial and removal. * * *
(2) A Global Entry participant may be removed from the program for
any of the following reasons:
* * * * *
(4) An applicant or participant denied or removed will not receive
a refund, in whole or in part, of his or her application processing
fee.
(k) Redress. An individual whose application is denied or who is
removed from the program 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) DHS Traveler Redress Inquiry Program (DHS TRIP). The applicant/
participant may choose to initiate the redress process through DHS
Traveler Redress Program (DHS TRIP). An applicant/participant seeking
redress may obtain the necessary forms and information to initiate the
process on the DHS TRIP website, or by contacting DHS TRIP by mail at
the address on the DHS TRIP website.
(2) Ombudsman. Applicants (including applicants who were not
scheduled for an interview at an enrollment center) and participants
may contest a denial or removal by submitting a reconsideration request
to the CBP Trusted Traveler Ombudsman through the online TTP System or
other CBP-approved process.
0
6. Add Sec. 235.14 to read as follows:
Sec. 235.14 SENTRI program.
(a) Program description. The Secure Electronic Network for
Travelers Rapid Inspection (SENTRI) trusted traveler program is a
voluntary program that allows certain pre-approved, low-risk travelers
dedicated processing at specified land border ports along the U.S.-
Mexico border. In order to participate, a person must meet the
eligibility requirements specified in this section, apply in advance,
undergo vetting by CBP, and be accepted into the program. A SENTRI
participant will be issued a Radio Frequency Identification (RFID) card
or other CBP-approved document that grants the individual access to
specific, dedicated primary lanes (SENTRI lanes). These lanes are
identified at http://www.cbp.gov. A SENTRI participant may utilize a
vehicle in the dedicated SENTRI lanes into the United States from
Mexico only if the vehicle is approved by CBP for such purpose.
Participants in the SENTRI program may also be able to take advantage
of certain benefits of the Global Entry and NEXUS programs. Please see
http://www.cbp.gov for additional information.
(b) Program eligibility criteria--(1) Eligible individuals. Any
individual may apply to participate in the SENTRI program absent any of
the disqualifying factors described in paragraph (b)(2) of this
section. Persons under the age of 18 must have the consent of a parent
or legal guardian to participate in the SENTRI program and provide
proof of such consent in accordance with CBP instructions.
(2) Disqualifying factors. An individual is ineligible to
participate in the SENTRI program if CBP, at its sole discretion,
determines that the individual presents a potential risk for terrorism,
criminality (such as smuggling), or CBP is unable to establish that the
applicant can be considered low-risk. This risk determination will be
based in part upon an applicant's ability to demonstrate past
compliance with laws, regulations, and policies. Reasons why an
applicant may not qualify for participation include:
(i) The applicant provides false or incomplete information on his
or her application;
(ii) The applicant has been arrested for, or convicted of, any
criminal offense or has pending criminal charges or outstanding
warrants in any country;
(iii) The applicant has been found in violation of any customs,
immigration, or agriculture regulations, procedures, or laws in any
country;
(iv) The applicant is the subject of an investigation by any
Federal, State or local law enforcement agency in any country;
(v) The applicant is inadmissible to the United States under
applicable immigration laws or has, at any time, been granted a waiver
of inadmissibility or parole;
(vi) The applicant is known or suspected of being or having been
engaged in conduct constituting, in preparation for, in aid of, or
related to terrorism; or
(vii) The applicant cannot satisfy CBP of his or her low-risk
status or meet other program requirements.
(c) Program application. (1) Each applicant must complete and
submit the program application electronically through an approved
application process as determined by CBP. The application and
application instructions for the SENTRI program are available at
www.cbp.gov.
(2) During the application process, an applicant must provide
information on any vehicle that will utilize the SENTRI lanes. The
vehicle must be approved by CBP to utilize the dedicated SENTRI lanes.
Registration of one vehicle for use in the SENTRI lanes is included in
the application fee provided the vehicle is registered at the time of
initial application or at renewal. If any vehicle is registered after
the initial application or renewal is filed, or if an applicant or
participant wishes to register more than one vehicle for use in the
SENTRI lanes, they will be assessed an additional fee in the amount set
forth at 8 CFR 103.7(d)(16). The fee is to be paid to CBP at the time
the vehicle is registered through the online TTP System, which can be
found at www.cbp.gov, or other CBP-approved process.
(3) Except for certain minors, all other applicants must pay the
non-refundable fee in the amount set forth at 8 CFR 103.7(d)(16) for
the ``SENTRI program''. Minors under the age of 18 who apply
concurrently with a parent or legal guardian, or whose parent or legal
guardian is already a participant of SENTRI, are exempt from payment of
the applicable fee. The fee is to be paid to CBP at the time of
application through the TTP System or other CBP-approved process.
(4) Every applicant accepted into the SENTRI program is accepted
for a period of 5 years provided participation is not terminated by CBP
prior to the end of the 5-year period. Each applicant may apply to
renew participation up to one year prior to the close of the
participation period.
(5) Each applicant may check the status of his or her application
through his or her account with the application system in use for the
SENTRI program.
(d) Interview and enrollment. (1) After submitting the application,
conditionally approved applicants will be notified by CBP to schedule a
personal interview.
(2) Each applicant must provide CBP the original of the
identification document specified in his or her application. During the
interview, CBP will collect biometric information from the applicant
(e.g., a set of fingerprints and/or digital photograph) to conduct
[[Page 22630]]
background checks or as otherwise required for participation in the
program.
(3) CBP may provide for alternative enrollment procedures, as
necessary, to facilitate enrollment and ensure an applicant's
eligibility for the program.
(e) SENTRI lanes. A SENTRI participant is issued a Radio Frequency
Identification (RFID) card or other CBP-approved document. This RFID
card or other CBP-approved document will grant the participant access
to specific, dedicated primary lanes into the United States from Mexico
(SENTRI lanes). These lanes are identified at http://www.cbp.gov. A
SENTRI participant may utilize a vehicle in the dedicated SENTRI lanes
into the United States from Mexico only if the vehicle is approved by
CBP for such purpose.
(f) Denial and removal. (1) If an applicant is denied participation
in the SENTRI program, or an applicant's or participant's vehicle is
not approved for use in the SENTRI lanes, 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 SENTRI participant may be removed from the program for any of
the following reasons:
(i) CBP, at its sole discretion, determines that the participant
has engaged in any disqualifying activities as outlined in paragraph
(b)(2) of this section;
(ii) CBP, at its sole discretion, determines that the participant
provided false information in the application and/or during the
application process;
(iii) CBP, at its sole discretion, determines that the participant
failed to follow the terms, conditions and requirements of the program;
(iv) CBP determines that the participant has been arrested or
convicted of a crime or otherwise determines, at its sole discretion,
that the participant no longer meets the program eligibility criteria;
or
(v) CBP, at its sole discretion, determines that such action is
otherwise necessary.
(3) CBP will notify the participant of their removal from the
program in writing. Such removal is effective immediately.
(4) An applicant or participant denied or removed will not receive
a refund, in whole or in part, of his or her application fee.
(g) Redress. An individual whose application is denied or who is
removed from the program or whose vehicle is not approved for use in
the program has two possible methods for 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) DHS Traveler Redress Inquiry Program (DHS TRIP). The applicant/
participant may choose to initiate the redress process through DHS
TRIP. An applicant/participant seeking redress may obtain the necessary
forms and information to initiate the process on the DHS TRIP website,
or by contacting DHS TRIP by mail at the address on this website.
(2) Ombudsman. Applicants and participants may contest a denial or
removal from the program by submitting a reconsideration request to the
CBP Trusted Traveler Ombudsman through the TTP System or other CBP-
approved process.
Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2024-06851 Filed 4-1-24; 8:45 am]
BILLING CODE 9111-14-P