[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Notices]
[Pages 22733-22736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06852]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Increase in the NEXUS Application Fee and Change in the NEXUS 
Application Fee for Certain Minors

AGENCY: U.S. Customs and Border Protection, Department of Homeland 
Security.

ACTION: General notice.

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SUMMARY: In this document, CBP is announcing an increase in the 
application fee for the NEXUS program and a change in the NEXUS 
application fee for certain minors. This change to the NEXUS program is 
being made simultaneously with changes to the Global Entry and Secure 
Electronic Network for Travelers Rapid Inspection (SENTRI) programs in 
order to harmonize the fees, application procedures and standard for 
exempting minors from payment of the application fee. CBP is 
simultaneously issuing a separate final rule updating the Global Entry 
and SENTRI regulations to be consistent with the changes herein.

DATES: New applicants and participants applying for renewal, including 
specified minors under the age of 18, who submit applications to the 
NEXUS program on or after October 1, 2024, must pay a $120 non-
refundable application fee at the time of the application submission.

FOR FURTHER INFORMATION CONTACT: Rafael E. Henry, Branch Chief, Office 
of Field Operations, (202) 344-3251, [email protected].

SUPPLEMENTARY INFORMATION:

Background

    U.S. Customs and Border Protection (CBP) operates several trusted 
traveler programs at land, sea, and air ports of entry that allow 
dedicated processing for entry into the United States for certain pre-
approved, low-risk travelers. Three of those programs are the Secure 
Electronic Network for Travelers Rapid Inspection (SENTRI) program, the 
Global Entry program, and the NEXUS program.\1\ Each of these three 
programs originally had different application fees and a different 
policy as to whether minors \2\ were charged an application fee. CBP is 
now harmonizing the application fees and establishing a uniform 
standard for exempting minors from payment of the application fee. In 
this document, CBP is announcing that, to harmonize the NEXUS 
application fee with the Global Entry and SENTRI application fees, the 
NEXUS application fee will be raised to $120 and certain minors, who 
are currently exempt from the payment of the application fee, will be 
required to pay the application fee. CBP is simultaneously issuing a 
separate final rule updating the Global Entry and SENTRI regulations to 
make those provisions consistent with the changes herein.\3\
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    \1\ 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 a Department of Homeland Security 
(DHS) trusted traveler program administered by the Transportation 
Security Administration (TSA).
    \2\ For the purposes of this notice, 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.
    \3\ CBP published a notice of proposed rulemaking in the Federal 
Register on September 9, 2020, proposing the changes to harmonize 
the Global Entry and SENTRI application fees and fees for minors 
consistent with the changes herein. See 85 FR 55597. After review of 
comments received on that NPRM, CBP is publishing a final rule 
implementing those proposed changes concurrent with this notice.
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Overview of the NEXUS Program

    The NEXUS program is a joint trusted traveler program between U.S. 
Customs and Border Protection (CBP) and the Canada Border Services 
Agency (CBSA) that allows certain pre-approved, low-risk travelers 
dedicated processing by both U.S. and Canadian officials at designated 
lanes at certain northern land border ports of entry, at automated 
kiosks at Canadian preclearance airports, and at NEXUS marine reporting 
locations.
    An individual is eligible to apply for the NEXUS program if he or 
she is a citizen or lawful permanent resident of the United States or 
Canada or is a qualified Mexican national.\4\ Reasons

[[Page 22734]]

why an applicant may not qualify for participation include, but are not 
limited to:
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    \4\ Pursuant to a Memorandum of Understanding between the 
Department of Public Safety of Canada, the Secretariat of Governance 
of the United Mexican States, and the U.S. Department of Homeland 
Security, Mexican nationals who are members of the Mexican Trusted 
Traveler Program ``Viajero Confiable'' are eligible to apply for 
NEXUS membership. CBP and CBSA will continue to make all eligibility 
and membership determinations.
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     The applicant is inadmissible to the United States or 
Canada under applicable immigration laws;
     The applicant provides false or incomplete information on 
their application;
     The applicant has been convicted of a criminal offense in 
any country;
     The applicant has been found in violation of customs, 
agriculture, or immigration law; or
     The applicant fails to meet other requirements of the 
NEXUS program.
    All applicants must undergo a thorough background check against 
criminal, law enforcement, customs, immigration, and terrorist 
databases by U.S. and Canadian authorities, a 10-fingerprint law 
enforcement check, and a personal interview with both a CBP officer and 
a CBSA officer. Minors are eligible to apply to the NEXUS program with 
the consent of a parent or legal guardian. Such minors are subject to 
the same background checks and interview process as all other 
applicants. Additionally, for minors, a parent or legal guardian must 
be present at the time of the interview with CBP and CBSA. To be 
accepted into the NEXUS program, both the United States and Canada must 
approve the person's application.
    Individuals can apply to the NEXUS program via the Trusted Traveler 
Program Systems (TTP System) website at https://ttp.cbp.dhs.gov 
(formerly Global Online Enrollment System (GOES): website, https://goes-app.cbp.dhs.gov).
    Prior to the effective date of this notice, a non-refundable $50 
application fee was required with the submission of the application and 
minors were exempt from payment of an application fee. Pursuant to this 
notice and as described in further detail below, the fee for NEXUS will 
be raised to $120 for adult applicants and certain minors. A minor 
applying concurrently with a parent or legal guardian or whose parent 
or legal guardian is already a NEXUS member will be exempt from payment 
of the fee. If applicable, the applicant must pay the non-refundable 
fee through the TTP System at the time he or she submits the 
application.
    After the applicant completes the application and submits the 
application fee, the TTP System will send an automatic notification to 
the applicant regarding whether they are conditionally approved or 
denied acceptance into the NEXUS program. If the applicant is 
conditionally accepted into the program, CBP will notify them via the 
TTP System that they are to schedule a personal interview with both CBP 
and CBSA. The information regarding the interview process and locations 
will be included with the notification to schedule an interview and is 
provided on: https://www.cbp.gov/travel/trusted-traveler-programs/nexus/nexus-enrollment-centers.
    If either the United States or Canada denies an application, the 
applicant cannot be accepted into the NEXUS program, as membership 
requires approval by both countries. If CBP denies an application or 
terminates a participant's membership, there are two methods of redress 
available. These two methods of redress are: initiating the redress 
process through the DHS Traveler Redress Inquiry Program (DHS TRIP) at 
www.dhs.gov/trip or contacting the CBP Trusted Traveler Ombudsman via a 
reconsideration request filed through the TTP System at https://ttp.cbp.dhs.gov. If CBSA denies an application or terminates a 
participant's membership, the applicant or member will be directed to 
contact CBSA regarding the denial or termination.
    Once an individual is accepted into the NEXUS program, CBP will 
issue a NEXUS Western Hemisphere Travel Initiative (WHTI)-approved \5\ 
Radio Frequency Identification (RFID) card. CBP will charge a $25 fee 
for any replacement RFID card, for example if the card is lost or 
stolen or the member needs to update their name. When a replacement 
card is requested, CBP will deactivate the original RFID card and the 
original card will no longer function. This NEXUS RFID card allows a 
participant to receive dedicated processing at NEXUS designated lanes 
at certain northern border land ports of entry, at automated kiosks at 
Canadian preclearance airports, and at NEXUS marine reporting locations 
in the United States and Canada. As a benefit of NEXUS membership, a 
NEXUS participant may also utilize Global Entry processes for dedicated 
CBP processing at participating airports, as well as SENTRI lanes 
subject to certain limitations as described further below.
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    \5\ 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, section 
7209, 118 Stat. 3638, 3823, as amended. The goal of WHTI is to 
facilitate entry for U.S. citizens and legitimate foreign visitors 
while strengthening U.S. border security by providing standardized 
documentation that enables CBP to identify a traveler quickly and 
reliably. WHTI-compliant documents include valid U.S. passports, 
passport cards, trusted traveler program cards, and others.
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    NEXUS membership is valid for five years. During this five-year 
membership period, CBP continually vets NEXUS participants through law 
enforcement databases to ensure that they comply with the program 
requirements. At the end of the five-year membership period, NEXUS 
members may apply to renew their memberships by submitting a new 
application and non-refundable application fee.
    Additional information regarding the NEXUS program may be found at 
https://www.cbp.gov/travel/trusted-traveler-programs/nexus.

Harmonizing the CBP Trusted Traveler Program Fees

    The NEXUS program is just one of several voluntary trusted traveler 
programs that provide dedicated processing for pre-approved, low-risk 
travelers. The Global Entry program allows pre-approved, low-risk 
travelers dedicated CBP processing at designated airports. The SENTRI 
program allows dedicated processing at specified land border ports 
along the United States-Mexico border for pre-approved, low-risk 
travelers. When the NEXUS, Global Entry and SENTRI programs were 
established, each had a separate application process. The information 
about participants of each program were contained in separate 
databases, and each program provided its participants with different 
benefits. Each program was intended to be used in different geographic 
regions for different modes of transportation. The SENTRI program was 
created for travelers at the U.S.-Mexico border traveling by vehicle. 
The NEXUS program was established for travelers frequently traveling 
between the United States and Canada. The Global Entry program was 
intended to provide dedicated CBP processing into the United States for 
frequent international air travelers. Due to these differences, there 
were specific reasons for the programs to have different costs, 
procedures, and fees. However, with the expansion of the Global Entry 
program, the success of all three programs, and advances in technology, 
CBP has since created a uniform application, a centralized database, 
and has allowed certain shared benefits across the Global Entry, SENTRI 
and NEXUS programs.
    The Global Entry, SENTRI, and NEXUS programs now use the same 
application on the TTP System website located at https://ttp.cbp.dhs.gov. An applicant to any of the programs can indicate the 
trusted traveler programs to which they wish to apply. CBP officers 
perform the same application review

[[Page 22735]]

and vetting process on all NEXUS, SENTRI and Global Entry applicants. 
All of these applicants must undergo a personal interview and must 
submit fingerprints and/or photographic biometrics before acceptance 
into any of the programs and are notified of their acceptance or denial 
via the TTP System. Applicants or participants can contest their denial 
or removal from the NEXUS, Global Entry or SENTRI programs through the 
same redress methods, i.e., via DHS TRIP or submitting a 
reconsideration request to the CBP Trusted Traveler Ombudsman. 
Membership in all three CBP trusted traveler programs is valid for a 
five-year membership period. During this five-year membership period 
and any subsequent renewal period, CBP performs the same continuous 
vetting on all the participants.
    In recent years, certain benefits of the programs have been 
extended to participants of the other programs. For example, 
participants in the NEXUS program and certain participants in the 
SENTRI program are permitted to use the Global Entry processing as part 
of their membership in those CBP trusted traveler programs.\6\ Global 
Entry participants with Global Entry RFID cards may utilize the SENTRI 
lanes \7\ and enter the United States via NEXUS lanes, and NEXUS marine 
reporting locations. SENTRI participants may enter the United States 
via NEXUS lanes, and NEXUS marine reporting locations. NEXUS 
participants may utilize the SENTRI lanes.\8\ Despite these 
commonalities, each program has retained its own fees and has different 
policies regarding whether a minor must pay the application fee. CBP is 
now harmonizing the application fees and establishing a uniform 
standard for when minors are exempt from payment of the application 
fee.
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    \6\ See Utilization of Global Entry processing by NEXUS and 
SENTRI Participants Federal Register notice, for further information 
(75 FR 82202, December 29, 2010). As a benefit of SENTRI membership, 
a SENTRI participant who is a U.S. citizen or a U.S. lawful 
permanent resident may utilize the Global Entry processing. Mexican 
nationals who are SENTRI participants may only utilize the Global 
Entry processing upon successful completion of a thorough risk 
assessment by the Mexican Government.
    \7\ A Global Entry participant with an RFID card may travel as a 
passenger in a vehicle using the SENTRI lanes. However, a Global 
Entry participant may not drive a vehicle into the United States 
using the SENTRI lanes unless that vehicle has been approved by CBP 
for use in the SENTRI lanes. See https://www.cbp.gov/global-entry/faqs for more information.
    \8\ A NEXUS participant may travel as a passenger in a vehicle 
utilizing the SENTRI lanes. However, a NEXUS participant may not 
drive a vehicle into the United States using the SENTRI lanes unless 
that vehicle has been approved by CBP for use in the SENTRI lanes. 
See https://help.cbp.gov/s/article/Article-
227?language=en_US#:~:text=They%20can%20also%20use%20their,not%20for%
20the%20NEXUS%20lanes for more information.
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Increasing the NEXUS Application Fee

    CBP has performed a fee study entitled ``CBP Trusted Traveler 
Programs Fee Study'' to determine the amount of the fee that is 
necessary to recover the costs associated with membership in the Global 
Entry, SENTRI and NEXUS programs. CBP determined that a uniform fee of 
$120 is appropriate and necessary to recover a reasonable portion of 
these costs.\9\ After an examination of CBP's fee study and a series of 
joint discussions, CBP and CBSA have mutually agreed to increase the 
NEXUS application fee to $120. The $120 application fee will apply to 
new applicants and to those members renewing their membership in the 
NEXUS program. This non-refundable application fee will continue to be 
paid to CBP at the time of the application submission via the TTP 
System.
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    \9\ Although the $120 fee is the amount necessary to recover a 
reasonable portion of the costs associated with the programs, CBP 
will not recover all of its costs for the NEXUS program. The NEXUS 
fee is split between the United States and Canada. As a result, the 
United States will only receive part of the revenue necessary to 
recover its costs for the NEXUS program. Please see the fee study 
entitled ``CBP Trusted Traveler Programs Fee Study'' for details. 
The fee study can be accessed at https://www.regulations.assumgov/document/USCBP-2020-0035-0038.
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Changing the NEXUS Application Fee for Certain Minors

    Prior to the effective date of this notice, the Global Entry, 
SENTRI and NEXUS programs were not aligned with respect to whether 
minors were charged an application fee. The SENTRI program had a 
complex family option plan and the Global Entry program charged minors 
the full application fee. Meanwhile, 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 reflect the costs to CBP to 
operate these programs, CBP is now harmonizing the fees, including 
ensuring that minors applying to the various programs are treated in 
the same manner and pay the same fee regardless of the program to which 
they apply.
    In this document, CBP is announcing that minors who apply to the 
NEXUS program or apply for renewal will be exempt from payment of the 
application fee if the minor's parent or legal guardian applies 
concurrently with the minor, or if the parent or legal guardian is an 
existing member of the NEXUS program. If the minor's parent or legal 
guardian is already a member, 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. If a minor applies to the NEXUS program 
without a concurrent parent or legal guardian application, and if the 
applicant's parent or legal guardian is not already a NEXUS 
participant, the minor will be charged the full application fee of 
$120. This is a change from the previous policy, as all minors were 
exempt from the payment of the NEXUS application fee regardless of 
their parent or legal guardian's status prior to the effective date of 
this notice. After joint discussions and an examination of CBP's fee 
study, CBP and CBSA have mutually concurred with the change in the 
NEXUS application fee for the specified minors.
    All minors applying to the NEXUS program must have the consent of a 
parent or legal guardian to be eligible to participate, must complete 
the application, and 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 and CBSA 
officer.\10\
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    \10\ CBSA requires that all custodial parents or legal guardians 
be present at the time of the interview. For minors with more than 
one custodial parent or legal guardian, if only one parent or legal 
guardian is present at the interview, any other custodial parents or 
guardians must provide a signed letter of consent. See https://www.cbsa-asfc.gc.ca/services/travel-voyage/prog/nexus/nexus-5-eng.html#a1. CBP requires one custodial parent or legal guardian to 
be present at the time of the interview.
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    All other aspects of the NEXUS program remain in effect.

Authority for Announcing Changes to the NEXUS Program Through a Federal 
Register Notice

    To harmonize the Global Entry and SENTRI fees with the NEXUS fee, 
CBP is simultaneously publishing a separate final rule that changes the 
application fee for the Global Entry and SENTRI programs to $120 and 
creates a unified application fee for minors.
    CBP is announcing the changes to the NEXUS fee through this Federal 
Register notice, rather than through rulemaking, pursuant to its 
statutory authority. As provided in 8 U.S.C. 1753, U.S. border 
inspection agencies acting jointly and in cooperation with Canada, may 
conduct joint U.S.-Canada inspection projects on the border. The

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NEXUS program is a joint U.S.-Canada trusted traveler program 
established in 2002 as part of the U.S.-Canada Shared Border Accord. 
Pursuant to 8 U.S.C. 1753(c), fees for services and forms relating to 
such joint U.S.-Canadian projects shall be published as a notice in the 
Federal Register. The statute further provides that the Administrative 
Procedure Act (5 U.S.C. 553) and the Paperwork Reduction Act (44 U.S.C. 
3501-3520) shall not apply to the fee setting for services and other 
administrative requirements of such joint U.S.-Canadian projects.

Signing Authority

    Troy A. Miller, the Senior Official Performing the Duties of the 
Commissioner of U.S. Customs and Border Protection, having reviewed and 
approved this document, is delegating the authority to electronically 
sign this document to Robert F. Altneu, who is the Director of the 
Regulations and Disclosure Law Division for CBP, for purposes of 
publication in the Federal Register.

Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings.
[FR Doc. 2024-06852 Filed 4-1-24; 8:45 am]
BILLING CODE 9111-14-P