The U.S. Asia-Pacific Economic Cooperation Business Travel Card Program, 27161-27175 [2014-10767]
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Federal Register / Vol. 79, No. 92 / Tuesday, May 13, 2014 / Rules and Regulations
handlers. As with all Federal marketing
order programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. As noted in the initial
regulatory flexibility analysis, USDA
has not identified any relevant Federal
rules that duplicate, overlap, or conflict
with this final rule.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
A proposed rule concerning this
action was published in the Federal
Register on March 31, 2014 (79 FR
17940). Copies of the proposed rule
were also mailed or sent via facsimile to
all grape handlers. Finally, the proposal
was made available through the internet
by USDA and the Office of the Federal
Register. A 15-day comment period
ending on April 15, 2014, was provided
for interested persons to respond to the
proposal. No comments were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Jeffrey Smutny
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
Pursuant to 5 U.S.C. 553, it is also
found and determined that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because: (1) The 2014 fiscal period
began on January 1, 2014, and the order
requires that the rate of assessment for
each fiscal period apply to all assessable
grapes handled during such fiscal
period; (2) the Committee needs to have
sufficient funds to pay its expenses,
which are incurred on a continuous
basis; (3) handlers are aware of this
action, which was unanimously
recommended by the Committee at a
public meeting and is similar to other
assessment rate actions issued in past
years; and (4) a 15-day comment period
was provided for in the proposed rule,
and no comments were received.
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List of Subjects in 7 CFR Part 925
Grapes, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 925 is amended as
follows:
PART 925—GRAPES GROWN IN A
DESIGNATED AREA OF
SOUTHEASTERN CALIFORNIA
1. The authority citation for 7 CFR
part 925 continues to read as follows:
■
2. Section 925.215 is revised to read
as follows:
■
§ 925.215
Assessment rate.
On and after January 1, 2014, an
assessment rate of $0.0200 per 18-pound
lug is established for grapes grown in a
designated area of southeastern
California.
Dated: May 7, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–10988 Filed 5–12–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 103 and 235
[Docket No. USCBP–2013–0029: CBP
Decision No. 14–05]
RIN 1651–AB01
The U.S. Asia-Pacific Economic
Cooperation Business Travel Card
Program
U.S. Customs and Border
Protection. DHS.
ACTION: Interim final rule.
AGENCY:
This interim final rule
establishes the U.S. Asia-Pacific
Economic Cooperation (APEC) Business
Travel Card Program. APEC is an
economic forum comprised of twentyone members, including the United
States, whose primary goal is to support
sustainable economic growth and
prosperity in the Asia-Pacific region.
One of APEC’s initiatives is the APEC
Business Travel Card Program. The U.S.
APEC Business Travel Card Program
will provide qualified U.S. business
travelers engaged in business in the
APEC region or U.S. Government
officials actively engaged in APEC
business the ability to access fast-track
immigration lanes at participating
airports in foreign APEC economies.
SUMMARY:
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This rule sets forth the parameters of the
program, the eligibility requirements,
the application procedures, the duration
of the program and the fee. In
accordance with the authorizing law,
DHS will not issue any new U.S. APEC
Business Travel Cards or renew any U.S.
APEC Business Travel Cards after
September 30, 2018. Unless the law is
amended to extend the duration of the
U.S. APEC Business Travel Card
Program, all U.S. APEC Business Travel
Cards will expire by September 29,
2021.
This interim final rule is
effective on June 12, 2014. Comments
must be received on or before June 12,
2014.
ADDRESSES: You may submit comments,
identified by docket number USCBP–
2013–0029, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Border Security Regulations
Branch, Regulations and Rulings, Office
of International Trade, U.S. Customs
and Border Protection, 90 K Street NE.,
10th Floor, Washington, DC 20229–
1177.
Instructions: All submissions received
must include the agency name and
docket title for this rulemaking, and
must reference docket number USCBP–
2013–0029. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
the document.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. Submitted
comments may also be inspected during
regular business days between the hours
of 9 a.m. and 4:30 p.m. at the Office of
International Trade, Customs and
Border Protection, 90 K Street NE., 10th
Floor, Washington, DC. Arrangements to
inspect submitted comments should be
made in advance by calling Mr. Joseph
Clark at (202) 325–0118.
FOR FURTHER INFORMATION CONTACT: Mr.
David Sanchez, Office of Field
Operations, (202) 344–1004,
David.Sanchez@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
DATES:
Authority: 7 U.S.C. 601–674.
27161
Table of Contents
I. Public Participation
II. Background
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Federal Register / Vol. 79, No. 92 / Tuesday, May 13, 2014 / Rules and Regulations
A. The Asia-Pacific Economic Cooperation
(APEC)
B. The APEC Business Travel Card
Program
1. ABTC Program Operating Framework
2. Standards for ABTCs
C. U.S. Participation in ABTC
1. U.S. APEC Business Travel Card (ABTC)
Program
2. General Description
3. Eligibility Requirements
a. Global Entry
b. NEXUS
c. SENTRI
d. Eligibility Requirements of Global Entry,
NEXUS and SENTRI
4. Conditions for Use of the U.S. ABTC
5. U.S. ABTC Application Process/Payment
of Fee
6. Validity Period
7. Expedited Entry Privileges
8. Entry Requirements
9. Denial, Removal and Suspension
10. Redress Procedures
11. Duration of U.S. ABTC Program
D. Payment of U.S. ABTC Fee
III. Statutory and Regulatory Requirements
A. Administrative Procedure Act
B. Executive Order 12866 and Executive
Order 13563
1. Synopsis
2. Background
3. U.S. ABTC Applicant Categories
a. U.S. ABTC Applicants Who Are
Currently Members of a CBP Trusted
Traveler Program
b. U.S. ABTC Applicants Who Are Not
Currently Members of a CBP Trusted
Traveler Program
4. Number of U.S. ABTC Applicants
5. Cost
6. Benefits
7. Net Benefits
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 13132
F. Paperwork Reduction Act
G. Privacy
H. Signing Authority
IV. Authority
List of Subjects
Amendments to Regulations
I. Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of the rule.
Comments that will provide the most
assistance will reference a specific
portion of the rule, explain the reason
for any recommended change, and
include data, information, or authority
that support such recommended change.
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II. Background
A. The Asia-Pacific Economic
Cooperation (APEC)
The United States is a member of
APEC, which is an economic forum
comprised of twenty-one members
whose primary goal is to support
sustainable economic growth and
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prosperity in the Asia-Pacific region.1
The other members include: Australia,
Brunei Darussalam, Canada, Chile,
China, Hong Kong China, Indonesia,
Japan, Korea, Malaysia, Mexico, New
Zealand, Papua New Guinea, Peru,
Philippines, Russia, Singapore, Chinese
Taipei, Thailand, and Vietnam. One of
APEC’s primary goals is to facilitate
business by reducing the costs of
business transactions and to help
importers and exporters in the AsiaPacific region meet to conduct business
more efficiently. APEC is committed to
facilitating travel for qualified business
people within the APEC region by
promoting free, open trade and
investment.
B. The APEC Business Travel Card
Program
One of APEC’s business facilitation
initiatives is the APEC Business Travel
Card (ABTC) Program. Under the ABTC
Program, APEC members can issue
cards to business travelers and senior
government officials who meet certain
standards established by the members to
provide simpler short-term entry
procedures within the APEC region.
Applicants are screened against security
and immigration databases to ensure
that they are trusted travelers, and must
be pre-cleared by participating members
to receive the card.
1. ABTC Program Operating Framework
All twenty-one APEC members
participate in the ABTC Program and
intend to follow the operating
procedures set out in the APEC Business
Travel Card Operating Framework,
dated October 2010 (‘‘APEC
Framework’’).2 The APEC Framework
distinguishes between fully
participating and transitional APEC
members for purposes of the ABTC
Program. Transitional members meet
some, but not all, of the APEC
Framework’s principles and are
committed to progressing towards
meeting all the principles.
Of the twenty-one APEC members,
nineteen are full members and two are
transitional members of the ABTC
Program. All nineteen fully
participating APEC members currently
issue ABTCs to their qualifying citizens
1 APEC members are also referred to as
‘economies’ since the APEC process is primarily
concerned with trade and economic issues with the
members engaging each other as economic entities.
The most recently updated list of members is
available at the APEC Web site at www.apec.org/
About-Us/About-APEC/Member-Economies.aspx.
For simplicity, we will generally refer to them in
the preamble of this document as APEC members.
2 Although participating members agree to adhere
to the operating principles and procedures outlined,
the document is not legally binding.
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and allow other members’ card holders
to apply for ‘‘pre-clearance.’’ 3 Full
members do not require any ABTC
holders they have already pre-cleared to
make a separate application for a
business visa for travel to their member
economy and expedited immigration
processing when they arrive. Canada
and the United States are currently
transitional members because they do
not offer visa-free travel for ABTC
holders unless they otherwise qualify
for visa-free travel, and they do not
accept an application for ABTC preclearance in lieu of a visa application
and applicable fees.
Under the APEC Framework, the
ABTC enables access to fast-track
immigration lanes at members’
participating airports. All APEC
members have fast-track immigration
lanes for priority processing. In
addition, under the APEC Framework,
fully participating members may
provide ‘‘pre-clearance benefits’’ to card
holders of other fully participating
members, meaning that the pre-cleared
card holders would not need to
complete a separate application for visas
or entry permits to travel to the territory
of other participating APEC members.
Most fully participating ABTC member
economies accept the ABTC in lieu of a
visa for a pre-cleared card holder during
the entire time the ABTC is valid.
Pursuant to the APEC Framework, the
card holder may also need to present a
valid passport or other documentation
(such as an arrival/departure card).
Fully participating members may
choose to provide full ‘‘pre-clearance
benefits’’ to any transitional member
whether or not the transitional member
provides similar full ‘‘pre-clearance
benefits.’’ The ABTC Program does not
affect the right of each member economy
to determine who may travel to, enter
and remain in that economy, including
ABTC holders.
2. Standards for ABTCs
According to the APEC Framework,
each APEC member can either issue its
own ABTCs or have a private entity
issue them on its behalf. In either case,
the APEC member may only issue an
ABTC to its own citizens.4 The design
and content of the card is set out in the
APEC Framework. The card follows
standards produced by the International
3 The term pre-clearance as used in the APEC
Framework has a different meaning than the usual
meaning ascribed to that term by CBP, which is the
tentative examination and inspection of air travelers
and their baggage at foreign places where CBP
personnel are stationed for that purpose.
4 In the case of Hong Kong China, ABTCs may be
issued to Hong Kong China permanent residents
who hold Hong Kong permanent identity cards. See
APEC Framework 3.1.2.
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APEC and the ABTC, please refer to
https://www.apec.org/.
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Civil Aviation Organization (ICAO) and
includes: the card holder’s signature,
the document number, the issuing
economy, the document type code, the
document expiration date, and the
surname and given name, sex and date
of birth, and economy of the card
holder.
Individuals may apply for the ABTC
if they: are citizens of a participating
economy 5; have never been convicted
of a criminal offense; hold a valid
passport issued by the home economy 6;
and are bona fide business persons
engaged in business who may need to
travel frequently on short-term visits
within the APEC region to fulfill
business commitments. A bona fide
business person is defined in the APEC
Framework as a person who is engaged
in the trade of goods, the provision of
services, or the conduct of investment
activities.
In addition, senior Government
officials or other government officials
actively engaged in APEC business may
be eligible for an ABTC. Each APEC
member determines its own definition
of the term ‘‘senior Government
official.’’
According to the APEC Framework,
the following persons are not eligible for
ABTCs: The business person’s
dependent spouse and children; persons
who wish to engage in paid employment
(obtain a paid employment position
located in a foreign APEC economy) or
a working holiday; and professional
athletes, news correspondents,
entertainers, musicians, artists, or
persons engaged in similar occupations.
These eligibility requirements apply
whether the individual is a citizen 7 of
a transitional or fully participating
member. The APEC Framework
provides that members may impose
additional eligibility criteria.
Under the APEC Framework, APEC
members may charge a fee to issue the
ABTC, which is valid for three years
from the date of issuance or the date the
ABTC card holder’s passport expires if
that is earlier. The ABTC is not
transferable. Although not explicitly
stated in the APEC Framework, in order
to continue receiving benefits, an ABTC
holder must renew his or her ABTC and
pay any requisite fee prior to the ABTC
expiration. For more information on
C. U.S. Participation in ABTC
As a member of APEC, the United
States recognizes ABTCs from other
members and provides fast track
immigration processing lanes, typically
allowing ABTC holders to use
diplomatic or crew lines at airports.
However, as a transitional member in
the ABTC Program, the United States
does not offer visa-free travel for ABTC
holders from economies that do not
participate in the Visa Waiver Program
or otherwise have visa free travel to the
U.S., and does not accept an ABTC preclearance application in lieu of a visa
application. ABTC holders entering the
United States are subject to the
inspection process that is applicable to
other travelers, including the
presentation of valid passports and,
where applicable, valid visas.8 Although
the United States requires visas for
ABTC holders to travel to the United
States, it affords ABTC holders from
APEC members expedited visa
interview scheduling at embassies and
consulates abroad. All U.S. embassies
and consulates in APEC member
economies have procedures to expedite
the scheduling of visa interviews for
ABTC holders seeking to travel to the
United States.
The United States currently does not
issue ABTCs to U.S. citizens.9
Therefore, U.S. travelers visiting other
APEC members do not receive similar
expedited processing that individuals
from other APEC members receive when
they visit the United States.
On November 12, 2011, President
Obama signed the Asia-Pacific
Economic Cooperation Business Travel
Cards Act of 2011 (APEC Act). Public
Law 112–54, 125 Stat. 550. The APEC
Act authorizes the Secretary of
Homeland Security, in coordination
with the Secretary of State, to issue U.S.
ABTCs through September 30, 2018, to
any eligible person, including business
persons and U.S. Government officials
actively engaged in APEC business. The
APEC Act also authorizes the Secretary
of Homeland Security to prescribe and
collect a fee for the issuance of U.S.
ABTCs. The APEC Act provides that an
individual may not receive a U.S. ABTC
5 In the case of Hong Kong China, this applies to
its permanent residents who hold Hong Kong
permanent identity cards.
6 In the case of Hong Kong China, this applies to
its permanent residents who hold a Hong Kong
Special Administrative Region passport or a valid
travel document issued by another country or
territory.
7 In the case of Hong Kong China, ABTCs may be
issued to Hong Kong China permanent residents
who hold Hong Kong permanent identity cards.
8 As provided in the APEC Framework, the ABTC
scheme does not affect the right of each APEC
economy to determine who may travel to, enter and
remain in that economy, including after a business
person has been issued an ABTC. Therefore, the
issuance of a U.S. ABTC to a qualifying individual
does not affect the right of a foreign APEC economy
to determine whether the U.S. ABTC holder may
travel to, enter and remain in that economy.
9 The purpose of this regulation is to issue U.S.
ABTCs to U.S. citizens.
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27163
unless the individual has been approved
and is in good standing in an
international trusted traveler program of
DHS.
The APEC Act authorizes the
Secretary of Homeland Security, in
coordination with the Secretary of State,
to prescribe the necessary regulations,
including regulations regarding
conditions of or limitations on
eligibility for an ABTC. The APEC Act
also provides that the Secretary of
Homeland Security may consult with
the appropriate private sector entities.
DHS has consulted closely with the
Department of State regarding the
establishment and policies of the U.S.
ABTC Program. DHS has also consulted
with the private sector through its
participation in a discussion panel at
the Asia-Pacific Council of American
Chamber of Commerce and attendance
at the APEC Business Mobility Group
meetings.10
As a result of the APEC Act and
DHS’s consultation with the Department
of State and the private sector, DHS is
establishing a U.S. ABTC Program and
plans to issue its own ABTCs (U.S.
ABTCs). This action will allow U.S.
citizens traveling to other APEC
members to receive expedited
processing that individuals from other
APEC members receive when they visit
the United States.
1. U.S. APEC Business Travel Card
(ABTC) Program
This rule promulgates regulations that
adhere to the current APEC
Framework 11 as of the publication of
this rule and implement the U.S. ABTC
Program and fee. 8 CFR 235.13 and 8
CFR 103.7(b)(1)(ii)(N). Section 235.13
includes a general description of the
program, eligibility requirements,
application procedures, enrollment
period, and the requirement to pay an
application fee as specified in section
103.7(b)(1)(ii)(N). Section
103.7(b)(1)(ii)(N) specifies the amount of
the fee.
2. General Description
The U.S. ABTC Program is a
voluntary program designed to facilitate
travel for bona fide U.S. business
persons engaged in business in the
APEC region and U.S. government
officials actively engaged in APEC
business within the APEC region.
10 APEC Business Advisory Council
representatives are invited to attend the APEC
Business Mobility Group meetings.
11 The current version of the APEC Framework is
Version 17, agreed to on January 30, 2013. Any
subsequent revisions to the APEC Framework that
directly affect the U.S. ABTC may require a
regulatory change.
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Participants who receive a U.S. ABTC
will be able to access fast-track
immigration lanes at participating
airports in foreign APEC member
economies. See 8 CFR 235.13(a). A list
of the airports where ABTC holders may
access fast-track immigration lanes is
available at https://travel.apec.org/abtcsummary.html.
3. Eligibility Requirements
This rule sets forth eligibility criteria
for the U.S. ABTC Program that satisfy
the requirements of the APEC
Framework and the APEC Act. First, in
accordance with the APEC Framework,
to participate in the U.S. ABTC
Program, the individual must be a U.S.
citizen.
Second, this rule requires that the
individual must be a bona fide business
person engaged in business in the APEC
region or a U.S. Government official
actively engaged in APEC business. The
rule defines several terms to determine
whether an individual is eligible to
participate in the program. For purposes
of this rule only, DHS defines the APEC
Framework term ‘‘senior Government
official’’ to mean a U.S. Government
official actively engaged in APEC
business. DHS defines ‘‘APEC business’’
to mean U.S. government activities that
support the work of APEC. Pursuant to
the APEC Framework, a ‘‘bona fide
business person engaged in business in
the APEC region’’ means a person
engaged in the trade of goods, the
provision of services or the conduct of
investment activities in the APEC
region. As specified in the APEC
Framework, professional athletes, news
correspondents, entertainers, musicians,
artists or persons engaged in similar
occupations are not considered to be
bona fide business travelers engaged in
business in the APEC region.
Finally, this rule requires that the
individual be an existing member in
good standing of a CBP trusted traveler
program or one who is approved for
membership in a CBP trusted traveler
program during the U.S. ABTC
application process. This trusted
traveler criterion is included in the
APEC Act. Although the APEC Act
refers to membership in a DHS trusted
traveler program, not all DHS trusted
traveler programs are compatible with
U.S. ABTC travel. Therefore, DHS has
limited eligibility to participants of the
trusted traveler programs that are
conducive with the type of international
travel contemplated by the U.S. ABTC
Program. These trusted traveler
programs include: (a) Global Entry, (b)
NEXUS, and (c) Secure Electronic
Network for Travelers Rapid Inspection
(SENTRI). These three CBP trusted
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traveler programs fit the parameters of
the U.S. ABTC Program due to their
eligibility requirements, vetting process
and expedited processing at ports of
entry.12
a. Global Entry
Global Entry is a voluntary
international trusted traveler program
that allows for the expedited clearance
of pre-approved, low-risk travelers
arriving in the United States at Global
Entry kiosks located at designated
airports. See 8 CFR 235.12. More
information about the program is
available at https://www.globalentry.gov.
b. NEXUS
NEXUS is a jointly administered U.S.Canada trusted traveler program
established in 2002 as part of the U.S.Canada Shared Border Accord. NEXUS
allows pre-approved, low-risk travelers
expedited processing for land, air and
sea travel between the United States and
Canada at dedicated processing lanes at
designated northern border land ports of
entry, at NEXUS kiosks at U.S. preclearance airports in Canada, and at
marine reporting locations.
Additionally, NEXUS participants may
utilize Global Entry kiosks. An
applicant may qualify to participate in
NEXUS if he or she is a citizen or lawful
permanent resident of the United States
or Canada. To participate in NEXUS,
both the United States and Canada must
approve the individual’s application.
Additional details regarding the NEXUS
trusted traveler program may be found
at https://www.globalentry.gov/
nexus.html.
c. SENTRI
The SENTRI trusted traveler program
allows pre-approved, low-risk travelers
expedited entry at specified land border
ports along the U.S.-Mexico border.
Additionally, SENTRI participants may
utilize Global Entry kiosks. The program
is described in 8 CFR 235.7.13
Additional details regarding the SENTRI
trusted traveler program can be found at
https://www.globalentry.gov/sentri.html.
d. Eligibility Requirements of Global
Entry, NEXUS, and SENTRI
In general, to participate in any of
these three CBP trusted traveler
programs, a person must meet the
eligibility requirements, apply in
12 Other DHS trusted traveler programs such as
FAST and TSA Precheck do not fit the parameters
of the U.S. ABTC Program due to their vetting
process and their inapplicability to international air
travel.
13 SENTRI is also referred to as a PortPass
program. Section 235.7 is the PortPass program
regulation.
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advance, pay the requisite nonrefundable fee, undergo vetting by CBP,
and be accepted into the program. All
applicants must voluntarily undergo a
thorough background check against
criminal, law enforcement, customs,
immigration, intelligence, and terrorist
databases, a 10-fingerprint law
enforcement check, and a personal
interview with a CBP officer. Persons
who, for example, have been convicted
of a criminal offense may not be eligible
for participation in CBP’s trusted
traveler programs. Travelers who wish
to participate in Global Entry, NEXUS or
SENTRI must apply via the Global OnLine Enrollment System (GOES) Web
site, https://goes-app.cbp.dhs.gov, or
other CBP-approved process.
Applications must be completed and
submitted electronically. After
submitting the application, the
applicant will be notified by CBP to
schedule an in-person interview at one
of the enrollment centers.
Each applicant accepted into a CBP
trusted traveler program is accepted for
a period of five years provided
participation is not suspended or
terminated by CBP prior to the end of
the five years. Each applicant may apply
to renew participation up to one year
prior to the close of the participation
period.
Under this rule, an individual who
wants to apply for the U.S. ABTC
Program and is not a member of a CBP
trusted traveler program must also apply
for a CBP trusted traveler program. An
individual may either apply to a CBP
trusted traveler program in advance of
applying for a U.S. ABTC or may apply
concurrently with the U.S. ABTC
Program application. The details are
explained in the section below entitled
U.S. ABTC Application Process.
4. Conditions for Use of the U.S. ABTC
This rule specifies that pursuant to
the APEC Framework, the U.S. ABTC is
not transferable and may be used only
by the U.S. ABTC holder and not
anyone else including the card holder’s
spouse or child. It also provides that
pursuant to the APEC Framework, in
order to use the U.S. ABTC, the card
holder must be traveling solely for
business purposes in the foreign APEC
economy and not engaging in paid
employment in the foreign APEC
economy. As stated in the APEC
Framework, the ABTC is intended for
business persons who travel frequently
on short term visits within the APEC
region to fulfill business commitments.
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5. U.S. ABTC Application Process/
Payment of Fee
Under this rule, each applicant must
complete and submit an application
electronically through the GOES Web
site or other approved process as
determined by CBP. The current process
is GOES. If CBP changes the approved
process for submitting an application,
the public will be notified through a
Federal Register notice and the CBP
Web site, https://www.globalentry.gov.
To apply for a U.S. ABTC, an individual
must apply via the GOES Web site,
https://goes-app.cbp.dhs.gov. This is the
same Web site that is used to apply for
CBP’s trusted traveler programs. A
detailed description of the GOES
process is contained in 8 CFR 235.12.
If the applicant is not already a
member of a CBP trusted traveler
program, he or she must also apply for
a CBP trusted traveler program in GOES.
Active membership in a CBP trusted
traveler program is necessary for the
entire duration of the U.S. ABTC. If
membership in the CBP trusted traveler
program is set to lapse before the U.S.
ABTC expires, the individual must
renew his or her CBP trusted traveler
membership prior to expiration in order
to retain membership in the U.S. ABTC
Program.
To apply for the U.S. ABTC, the
applicant checks the box in GOES
indicating that he or she wishes to apply
for the U.S. ABTC. The applicant is then
prompted to the self-certification screen.
This self-certification process requires
the applicant to certify that he or she is
an existing member in good standing in
a CBP trusted traveler program or that
he or she has submitted an application
to a CBP trusted traveler program
(indicating that CBP will verify that the
individual is a trusted traveler); that he
or she is either a bona fide U.S. business
person engaged in business in the APEC
region or a U.S. Government official
actively engaged in APEC business; and
that he or she is not a professional
athlete, news correspondent,
entertainer, musician, artist or person
engaged in a similar occupation. The
applicant must also provide a signature
that will appear on the U.S. ABTC. CBP
will collect the applicant’s signature at
a CBP trusted traveler enrollment
center. The locations of enrollment
centers are specified at https://
globalentry.gov/
enrollmentcenters2.html. The applicant
must schedule an appointment at any
enrollment center so that CBP can
collect the signature. The collection will
be performed by the applicant signing
an electronic signature pad.
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If the applicant is concurrently
applying for NEXUS, SENTRI or Global
Entry, an in-person interview with a
CBP officer and vetting of the
application is required as part of the
CBP trusted traveler enrollment process.
If the applicant is already a member of
the CBP trusted traveler program and
wishes to apply for a U.S. ABTC, he or
she would select the U.S. ABTC option
on GOES as an add-on, provide the selfcertification, and pay the associated
U.S. ABTC non-refundable fee. In such
case, no additional interview is
necessary. However, the applicant
would still need to go to any enrollment
center for the signature collection.
Each applicant must pay a nonrefundable fee to be paid to CBP at the
time of application through the Federal
Government’s on-line payment system,
Pay.gov or another CBP-approved
process. DHS has determined that the
U.S. ABTC fee is $70. This fee
calculation is described in Section II.E.
below entitled ‘‘Payment of U.S. ABTC
Fee.’’ This fee is in addition to the CBP
trusted traveler program fee. Upon
payment of the U.S. ABTC fee (and any
applicable Global Entry, NEXUS or
SENTRI fee), CBP will process the U.S.
ABTC application concurrently with the
CBP trusted traveler membership
application. If the applicant is already a
member of a CBP trusted traveler
program, the applicant will only need to
pay the U.S. ABTC fee.
If the applicant is accepted into the
U.S. ABTC Program, CBP will update
the applicant’s GOES account to reflect
this and issue the U.S. ABTC by mail to
the mailing address that was provided
on the application. CBP will mail the
U.S. ABTC to any U.S. or international
address provided (with the exception of
P.O. Boxes).
6. Validity Period
The U.S. ABTC is valid for three years
or until the expiration date of the card
holder’s passport if that is earlier,
provided participation is not suspended
or revoked by CBP prior to the end of
this period. If the card holder’s passport
expires prior to the general three year
validity period then CBP will issue the
U.S. ABTC with a shorter validity
period that matches the passport
expiration date. CBP can revoke
membership if the card holder is no
longer a member of a CBP trusted
traveler program. CBP will notify an
individual of any changes to their U.S.
ABTC membership by an electronic
letter sent through the individual’s
GOES account. The letter will explain
the reason(s) for the change.
Each U.S. ABTC holder may apply to
renew participation prior to the close of
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27165
the validity period. In accordance with
the APEC Act, DHS will not issue any
new U.S. ABTCs or renew any U.S.
ABTCs after September 30, 2018. In
order to renew, the participant must
submit a new U.S. ABTC application,
pay the U.S. ABTC fee and meet all the
eligibility criteria including maintaining
active membership in a CBP trusted
traveler program. If a U.S. ABTC holder
does not renew his or her U.S. ABTC or
is no longer eligible for the U.S. ABTC,
this does not affect his or her
membership in a CBP trusted traveler
program. That person would still be
considered a full participant in the CBP
trusted traveler program for the
remaining period of membership.
However, as noted above, active
membership in the CBP trusted traveler
program is necessary for the entire
duration of the U.S. ABTC. Membership
in a CBP trusted traveler program may
be suspended or revoked at any time if
the individual is not compliant with the
program requirements.14
7. Expedited Entry Privileges
U.S. ABTCs will enable access to a
dedicated fast-track lane for expedited
immigration processing at airports in
foreign APEC member economies. As a
member of a U.S. CBP trusted traveler
program, U.S. ABTC holders may also
utilize the Global Entry kiosks at
participating airports upon their return
to the United States.
8. Entry Requirements
U.S. ABTC holders must present any
travel or identity documentation, such
as a passport and visa, required by the
foreign APEC members. If a U.S. ABTC
holder does not conform to the visa,
passport or entry requirements
mandated by the foreign economy, the
card holder may be directed to another
lane or be refused entry. It is not
expected that foreign APEC members
will recognize the U.S. ABTC in lieu of
a visa. Therefore, U.S. ABTC holders are
still required to obtain visas (where
applicable) to visit the 20 foreign APEC
members. It is suggested that U.S. ABTC
holders check the travel requirements of
the APEC member economy to which
they are traveling immediately before
their travel.
9. Denial, Removal and Suspension
This rule sets forth the notification
procedures for an applicant who is
denied a U.S. ABTC, and lists the
reasons that a U.S. ABTC holder may be
suspended or removed from the U.S.
ABTC Program. If a U.S. ABTC
14 See 8 CFR 235.12 for the specific suspension
or revocation grounds.
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applicant is denied a U.S. ABTC, CBP
will notify the applicant of the denial,
the reasons for the denial and provide
instructions on the redress methods.
Membership in the U.S. ABTC Program
may be suspended or revoked at any
time if the individual is not compliant
with the program requirements. Under
this rule, a U.S. ABTC holder may be
suspended or removed from the
program if he or she provided false
information in the application and/or
during the application process, failed to
follow the terms, conditions, and
requirements of the program, or has
been arrested or convicted of a crime or
otherwise no longer meets the program
eligibility criteria.
A U.S. ABTC applicant or U.S. ABTC
holder whose application is denied or
whose card is suspended or revoked
will not receive a refund, in whole or in
part, of the U.S. ABTC fee.
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10. Redress Procedures
An applicant whose application is
denied or whose participation is
suspended or terminated has two
possible methods for redress. The
applicant may contest the termination,
suspension or denial by writing to the
enrollment center where the applicant’s
CBP trusted traveler program interview
was conducted. If the U.S. ABTC
applicant is already a member of a CBP
trusted traveler program and wishes to
contest the termination, suspension or
denial of the U.S. ABTC, the applicant
may write to the enrollment center
where the applicant provided their
signature for the U.S. ABTC. The second
method of redress for any applicant is
the CBP Trusted Traveler Ombudsman.
The regulation below describes these
procedures in detail. These processes do
not create or confer any legal right,
privilege or benefit, and are wholly
discretionary on the part of CBP. These
same redress procedures are available
for the CBP trusted traveler programs.15
11. Duration of U.S. ABTC Program
The APEC Act authorizes the
Secretary to issue U.S. ABTCs only
through September 30, 2018. Unless the
law is amended to extend that date,
DHS will not issue any new U.S. ABTCs
or renew any U.S. ABTCs after
September 30, 2018. More information
about the deadlines for applying to the
U.S. ABTC Program before DHS ceases
the issuance of new U.S. ABTCs or
15 See 8 CFR 235.12. See also https://
www.globalentry.gov/nexus.html, and https://
www.globalentry.gov/sentri.html. Another redress
procedure, DHS Traveler Redress Inquiry Program
(DHS TRIP), is available for Global Entry. This
method of redress is not available for the U.S. ABTC
Program.
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renewals of U.S. ABTCs will be
available at https://www.globalentry.gov.
U.S. ABTC holders will retain their
membership in the U.S. ABTC Program
for the full validity period (even if that
is after September 30, 2018) unless the
membership is suspended or revoked.
Unless the law is amended to extend the
duration of the U.S. ABTC Program, all
U.S. ABTCs will expire by September
29, 2021.
D. Payment of U.S. ABTC Fee
The APEC Act authorizes DHS to
collect a fee for the issuance of a U.S.
ABTC that is sufficient to offset the
direct and indirect costs of the program
including the costs associated with
establishing the program. CBP
conducted a fee study to determine the
yearly costs of the program and the cost
to establish the program for all relevant
parties.16 As described in the fee study,
pursuant to an arrangement with
Canada, DHS will also be printing
Canadian ABTCs for Canadian citizens
and will be collecting (and retaining)
the fee from those applicants. The fee
study is based on the estimated number
of U.S. and Canadian ABTC applicants.
U.S. and Canadian citizens will pay the
same fee for an ABTC. The Canadian
ABTC fee will be collected and retained
by the United States to cover the direct
and indirect costs associated with the
required information technology
infrastructure, including the printing of
the cards. This arrangement lowers the
fee for both U.S. and Canadian ABTC
applicants compared to what the fee
would be if each country had to build
its own information technology
infrastructure and print its own cards. A
Canadian citizen must be a member of
NEXUS and apply for a Canadian ABTC
through CBP’s GOES Web site.17
DHS has determined that a fee of $70
is necessary to recover the costs
associated with the U.S. ABTC Program.
As shown in Table 1 below, these costs
include the issuance of ABTC cards and
the information technology
infrastructure costs, initial and
recurring, required to run the U.S.
ABTC Program.
TABLE 1—Continued
ABTC
Enrollee costs
Total Cost ..................
70
CBP is amending 8 CFR
103.7(b)(1)(ii)(N) to reflect this fee. As
described in 8 CFR 235.13(c)(5), this
non-refundable fee is paid to CBP at the
time of the application through the
Federal Government’s on-line payment
system, Pay.gov or other CBP-approved
process. The current system is Pay.gov.
Pay.gov is a system by which parties can
make secure electronic payments to
many Federal Government agencies.
III. Statutory and Regulatory
Requirements
A. Administrative Procedure Act
The Administrative Procedure Act
(APA) generally requires agencies to
publish a notice of proposed rulemaking
in the Federal Register (5 U.S.C. 553(b))
and provide interested persons the
opportunity to submit comments (5
U.S.C. 553(c)). DHS believes that this
interim final rule is excluded from APA
rulemaking requirements as a foreign
affairs function of the United States
because it advances the President’s
foreign policy goal of facilitating
business travel within the APEC region
and allows the United States to fulfill its
obligations under the multilateral APEC
agreement. This interim final rule is
being implemented pursuant to the
current APEC Framework,18 which the
United States and all twenty other APEC
members agreed upon in order to
simplify entry procedures within the
APEC region. The creation of the U.S.
ABTC Program facilitates U.S.
participation in this multi-lateral
international agreement.
In addition, pursuant to 5 U.S.C.
553(b)(B), a notice of proposed
rulemaking is not required if the agency
finds good cause to implement the rule
without prior public notice and
comment. For the reasons specified
below, DHS also has determined that
there is good cause to publish this rule
without prior public notice and
TABLE 1
comment procedures.
This rule is a nondiscretionary action
ABTC
as the authorizing statute and the APEC
Enrollee costs
Framework set forth most of the relevant
IT costs .............................
$61 criteria and considerations for the
ABTC card cost ................
9 issuance of the U.S. ABTC and provide
DHS with little discretion about the U.S.
ABTC Program. The authorizing statute
16 This fee study entitled ‘‘Asia-Pacific Economic
specifies eligibility requirements, such
Cooperation Business Travel Card Fee Study’’ is
as requiring that an applicant must be
posted on the docket as supplemental materials on
www.regulations.gov.
17 Canada will determine whether the Canadian
ABTC applicant qualifies for a Canadian ABTC.
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18 APEC Framework, Version 17, agreed to on
January 30, 2013.
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approved and in good standing in a DHS
trusted traveler program, mandates the
cost considerations that must be
included in the fee determination, and
sets forth the sunset provision
establishing the duration of the U.S.
ABTC Program. The APEC Framework
dictates the standards for the card, the
remaining eligibility requirements, and
the validity period. Therefore, DHS had
little discretion in determining who
would be eligible for the U.S. ABTC, the
conditions for use of the U.S. ABTC, the
fee, the validity period, the duration of
the program or the privileges granted to
U.S. ABTC holders. For these reasons,
DHS believes that prior notice and
public comment procedure would be
impracticable, unnecessary, and
contrary to the public interest. Although
prior notice and comment is not
required, DHS is requesting public
comments in this interim final rule and
will take into account public comments
received before issuing a final rule.
B. Executive Order 12866 and Executive
Order 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated a ‘‘significant
regulatory action’’ although not
economically significant, under section
3(f) of Executive Order 12866.
Accordingly, the Office of Management
and Budget has reviewed this rule. CBP
has prepared the following analysis to
help inform stakeholders of the
potential impacts of this interim rule.
1. Synopsis
The interim final rule will establish
the U.S. ABTC Program. Pursuant to the
authorizing statute, the Secretary of
Homeland Security is authorized to set
a U.S. ABTC Program fee. The statute
mandates that if a fee is established, it
must be sufficient to offset the direct
and indirect costs associated with
running the U.S. ABTC Program,
including any costs associated with the
establishment of the U.S. ABTC
Program. CBP has determined a fee of
$70 is necessary to recover the costs of
administering the U.S. ABTC Program.19
As shown in Table 2, in addition to
the U.S. ABTC fee, U.S. ABTC
applicants will also experience an
opportunity cost associated with
obtaining a U.S. ABTC. Because
participation in a CBP trusted traveler
program is a prerequisite for obtaining
a U.S. ABTC, those who are not
currently members of such a program
will need to concurrently apply for a
U.S. ABTC and a CBP trusted traveler
program and pay the applicable fees.
CBP assumes that those not currently in
a trusted traveler program will choose
Global Entry because it, like the U.S.
ABTC, provides expedited clearance in
the air environment. The fee for Global
Entry is currently $100. We estimate the
opportunity cost to obtain a U.S. ABTC
for those who are already members of a
CBP trusted traveler program to be
$67.00. We estimate the opportunity
cost to obtain a U.S. ABTC for those
who are not members of a CBP trusted
traveler program to be $95.52.
The total cost of obtaining a U.S.
ABTC will range from $137 for U.S.
27167
ABTC applicants who are currently in a
CBP trusted traveler program to $266 for
U.S. ABTC applicants who are not
currently in a CBP trusted traveler
program. We will provide additional
detail into these estimates later in the
analysis. The U.S. ABTC Program is a
voluntary program that enables card
holders access to fast-track immigration
lanes at airports in the 20 foreign APEC
member economies. CBP estimates that
U.S. ABTC holders will experience a
time savings of approximately 43
minutes when clearing foreign
immigration services using the fast-track
immigration lanes. As the U.S. ABTC
program is voluntary, the perceived
benefits of reduced wait time have to
equal or exceed the cost of the program
over three years (validity period of the
U.S. ABTC) for potential enrollees to
determine whether the program is
worthwhile. As shown in Table 2, the
total cost of obtaining a U.S. ABTC will
range from $137 for U.S. ABTC
applicants who are currently in a CBP
trusted traveler program to $266 for U.S.
ABTC applicants who are not currently
in a CBP trusted traveler program. As
discussed below in further detail, CBP
estimates that a U.S ABTC applicant
who is currently enrolled in a CBP
trusted traveler program will need to
take a minimum of 4 trips for the
benefits of the U.S. ABTC Program to
exceed the cost associated with joining
the program. Additionally, CBP
estimates that a U.S. ABTC applicant
who is not currently a CBP trusted
traveler member will need to take a
minimum of 6 round trips between the
United States and an APEC economy in
order for the benefits of the U.S. ABTC
Program to exceed the cost associated
with joining the program.
TABLE 2—TOTAL COST BY APPLICANT TYPE
Applicant type
Cost category
U.S. ABTC Applicants not Currently in a CBP
Trusted Traveler Program.
U.S. ABTC Fee ................................................
$70
$70
Global Entry Fee* .............................................
U.S. ABTC and Global Entry Opportunity
Cost †.
$100
$95.52 (1.67 hrs)
$0
$66.92 (1.17 hr)
Total (rounded to nearest $1) ...................
U.S. ABTC Fee ................................................
$266
$70
$137
$70
Global Entry Fee* .............................................
n/a
n/a
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U.S. ABTC Applicants Currently in a CBP
Trusted Traveler Program.
Initial costs
19 CBP performed a fee study to determine the
yearly costs of the program and the cost to establish
the program for all relevant parties. This fee study
entitled ‘‘Asia-Pacific Economic Cooperation
Business Travel Card Fee Study’’ is posted on the
docket as supplemental materials on
www.regulations.gov.
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TABLE 2—TOTAL COST BY APPLICANT TYPE—Continued
Applicant type
Cost category
Initial costs
Renewal costs
U.S. ABTC Opportunity Cost † .........................
$66.92 (1.17 hr)
$66.92 (1.17 hr)
Total (rounded to nearest $1) ...................
$137
$137
* CBP anticipates that those U.S. ABTC applicants who must choose a CBP trusted traveler program when applying for the U.S. ABTC will
choose to join Global Entry because, like the U.S. ABTC, Global Entry provides expedited clearance in the air environment.
† This value is based off the Department of Transportation’s guidance regarding the valuation of travel time for business travelers. ‘‘The Value
of Travel Time Savings: Departmental Guidance for Conducting Economic Evaluations Revision 2. (See Table 4. Available at https://www.dot.gov/
sites/dot.dev/files/docs/vot_guidance_092811c.pdf.)
Note: There are two categories of U.S. ABTC applicants; those who are already part of a CBP trusted traveler program and those who are
not. CBP does not account for the cost of joining a CBP trusted traveler program for those applicants who are already current members of a
CBP trusted traveler program. These applicants have already, independent of any decision to join the U.S. ABTC Program, determined that the
benefits of a CBP trusted traveler program outweigh the costs associated with the program they have chosen to join.
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2. Background
The U.S. ABTC Program is a
voluntary program that allows U.S.
citizens with U.S. ABTCs to use fasttrack immigration lanes at airports in
the 20 foreign APEC member
economies.20 In order to be eligible for
a U.S. ABTC, a U.S. citizen is required
to be a bona fide business person
engaged in business in the APEC region
or a U.S. Government official actively
engaged in APEC business.21
Additionally, the U.S. ABTC applicant
must be a member in good standing of
a CBP trusted traveler program or
approved for membership in a CBP
trusted traveler program during the U.S.
ABTC application process. U.S. ABTC
applicants who are not already CBP
trusted traveler program members, must
also apply for membership to a CBP
trusted traveler program with their U.S.
ABTC application.22 Although
20 At this time, U.S. citizens will not realize all
the benefits a citizen from a fully participating
member will realize. For a description of the
benefits available to a citizen of a fully participating
member, please see above for section II. B, ‘‘The
APEC Business Travel Card Program.’’
21 The ABTC may only be used by a bona fide
business person engaged in business in the APEC
region or a U.S. Government official actively
engaged in APEC business. The card holder must
be traveling solely for business purposes in the
foreign APEC economy and not engaging in paid
employment in the foreign APEC economy. ‘‘APEC
business’’ means U.S. government activities that
support the work of APEC. A ‘‘bona fide business
person engaged in business in the APEC region’’
means a person engaged in the trade of goods, the
provision of services or the conduct of investment
activities in the APEC region. Professional athletes,
news correspondents, entertainers, musicians,
artists or persons engaged in similar occupations
are not considered to be bona fide business travelers
engaged in business in the APEC region.
22 Applicants must be participants in any of the
three qualified CBP trusted traveler programs:
Global Entry, SENTRI, and NEXUS. A U.S. ABTC
applicant has the choice of either applying for a
CBP trusted traveler program first and then
separately applying for a U.S. ABTC or concurrently
applying for both. We note that both fees are nonrefundable, so it is possible that an applicant may
choose to apply for the programs separately so that
if they are denied membership in a CBP trusted
traveler program, they do not need to pay the $70
fee for the U.S. ABTC Program. If an applicant
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membership in the CBP trusted traveler
programs is valid for five years, the U.S.
ABTC is only valid for three years or
until the expiration date of the card
holder’s passport if that is earlier.
Similar to the CBP trusted traveler
programs, a U.S. ABTC holder will be
required to renew his or her
membership, prior to expiration, in
order to continue receiving the ability to
use the APEC fast-track immigration
lanes.
3. U.S. ABTC Applicant Categories
There are two categories of U.S. ABTC
applicants who we discuss separately in
this analysis: those who are already part
of a CBP trusted traveler program and
those who are not. This is necessary
because those applicants who are not
already part of a CBP trusted traveler
program will bear the additional
opportunity cost and fee associated with
applying for a CBP trusted traveler
program in order to be eligible for a U.S.
ABTC.
a. U.S ABTC Applicants Who Are
Currently Members of a CBP Trusted
Traveler Program
If a U.S. ABTC applicant is already a
member of a CBP trusted traveler
program, the applicant will have to
apply for a U.S. ABTC by self-certifying,
via the GOES Web site, that he or she
is an existing member in good standing
chooses to apply for a CBP trusted traveler program
and separately apply for a U.S. ABTC then the
applicant will experience an additional opportunity
cost of 70 minutes (10 minutes to apply for a U.S.
ABTC and one hour to travel to and from an
enrollment center). Using the estimated value of
time for a business traveler ($57.20), this is a
monetized opportunity cost of approximately
$66.92. In order for U.S. ABTC applicants to be
better off applying separately, they must believe
that they have at least a 96 percent chance of being
denied membership in a CBP trusted traveler
program. The actual denial rate for CBP trusted
traveler programs is approximately three percent,
according to CBP’s Office of Field Operations.
Therefore, for the purposes of this analysis, CBP
assumes that a U.S. ABTC applicant who is not
currently a member of a CBP trusted traveler
program will concurrently apply for a CBP trusted
traveler program and a U.S. ABTC.
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in a CBP trusted traveler program, that
he or she is either a bona fide U.S.
business person engaged in business in
the APEC region or a U.S. Government
official actively engaged in APEC
business and that he or she is not a
professional athlete, news
correspondent, entertainer, musician,
artist or person engaged in a similar
occupation. In addition to the selfcertification, the U.S. ABTC applicant
will also be required to schedule an
appointment at an enrollment center in
order for his or her signature to be
digitally captured for the U.S. ABTC.
CBP estimates that U.S. ABTC
applicants will experience an
opportunity cost of 10 minutes to
complete the U.S. ABTC selfcertification, schedule an appointment
at an enrollment center, and have their
signature digitally captured. As
described in the Global Entry final
rule,23 CBP estimated Global Entry
applicants would experience an
opportunity cost of one hour in to order
to travel to an enrollment center for an
interview and return home. CBP
anticipates that U.S. ABTC applicants
who are current members of a CBP
trusted traveler program will experience
a similar opportunity cost to travel to
and from an enrollment center as do
Global Entry applicants. For the
purposes of this rule, CBP does not
account for the cost of joining a CBP
trusted traveler program for those
applicants that are already current
members of a CBP trusted traveler
program. These applicants have already,
independent of any decision to join the
U.S. ABTC Program, determined that
the benefits of a CBP trusted traveler
program outweigh the costs associated
with the program they have chosen to
join. To account for these costs and
benefits in this rule would double count
those costs and benefits as those are the
impacts of the trusted traveler program,
not of the U.S. ABTC Program.
23 77
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b. U.S ABTC Applicants Who Are Not
Currently Members of a CBP Trusted
Traveler Program
An applicant who is not already a
member of a CBP trusted traveler
program will be required to apply for a
U.S. ABTC and a CBP trusted traveler
program and self-certify that he or she
has submitted an application to a CBP
trusted traveler program, that he or she
is either a bona fide U.S. business
person engaged in business in the APEC
region or a U.S. Government official
actively engaged in APEC business and
that he or she is not a professional
athlete, news correspondent,
entertainer, musician, artist or person
engaged in a similar occupation.
Because these applicants would not
have joined a CBP trusted traveler
program if not for the U.S. ABTC
Program, we include the costs and
benefits of joining these programs in
this analysis.
CBP anticipates that those U.S. ABTC
applicants who must choose a CBP
trusted traveler program when applying
for the ABTC will choose to join Global
Entry because, like the U.S. ABTC,
Global Entry provides expedited
clearance in the air environment. As
described in the Global Entry final rule,
CBP estimates a Global Entry applicant
will experience an opportunity cost of
40 minutes in order to complete the
Global Entry application in GOES.24
When concurrently applying for a U.S.
ABTC and Global Entry, CBP anticipates
the U.S. ABTC applicant will be able to
complete the Global Entry application
and the U.S. ABTC self-certification,
and have their signature digitally
captured in the 40 minutes estimated for
the Global Entry application.25 In
addition to the application and selfcertification in GOES, the U.S. ABTC
applicant concurrently applying for a
U.S. ABTC and Global Entry will be
required to schedule an appointment at
an enrollment center to receive an
interview for Global Entry and have his
or her signature digitally captured for a
U.S. ABTC. As described in the Global
Entry final rule, CBP estimated Global
Entry applicants would experience an
opportunity cost of one hour in order to
travel to an enrollment center for an
interview and return home.26
4. Number of U.S. ABTC Applicants
The National Center for Asia-Pacific
Economic Cooperation (NCAPEC) 27
estimates that 10,500 to 15,000 U.S.
citizens will enroll in the U.S. ABTC
Program within the first three years of
the program. Using the NCAPEC
estimate, CBP estimates that 12,750, or
the average of the lower and upper
bound NCAPEC estimate, will enroll in
the U.S. ABTC Program within the first
three years of the program starting.28
CBP seeks comment on this estimate.
CBP subject matter experts anticipate
that most U.S. ABTC applicants will
apply for a U.S. ABTC in the first year
and that applications will gradually
diminish over the following two years.
As such, CBP has weighted each year’s
U.S. ABTC applicants using the sum-ofyears’ digits method. Typically used for
the depreciation of assets, this
weighting method provides an efficient
and unbiased method to gradually
diminish projected new ABTC enrollees
over the first three operating years of the
U.S. ABTC Program, to total 12,750 U.S.
enrollments over the three year period.
Furthermore, CBP estimates that each
initial U.S. ABTC enrollment will be
renewed upon the expiration of its three
year validation period. It is possible,
however, that the initial enrollee will
change to a job function that does not
require conducting APEC business.29 In
these cases, CBP assumes that the
individual’s replacement in that
position will enroll in the U.S. ABTC
Program, in lieu of the original enrollee,
in order to benefit from the expedited
immigration process while visiting
APEC member economies. Table 3
presents our projected ABTC
enrollments during the period of
analysis. For simplicity of the analysis,
CBP counts both the original U.S. ABTC
holder who renews and any
replacement applicants, if applicable, as
a renewal in Table 3. For the purposes
of this analysis, we will assume CBP
starts processing U.S. ABTC enrollments
in Fiscal Year (FY) 2013 and no new
U.S. ABTCs will be issued after the end
of FY 2018. Enrollments are not
forecasted further because the statute
authorizing the U.S. ABTC expires in
FY 2018 unless Congress authorizes
anextension.
TABLE 3
Projected U.S. ABTC enrollments 30
Fiscal Year
Initial
Renewals
.............................................................................................
.............................................................................................
.............................................................................................
.............................................................................................
.............................................................................................
.............................................................................................
6,375
4,250
2,125
........................................
........................................
........................................
........................................
........................................
........................................
6,375
4,250
2,125
6,375
4,250
2,125
6,375
4,250
2,125
Total ......................................................................................
12,750
12,750
25,500
2013
2014
2015
2016
2017
2018
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As discussed above, U.S. ABTC
applicants will either be current
members of a CBP trusted traveler
program or will be required to
24 77
concurrently apply for a U.S. ABTC and
a CBP trusted traveler program. CBP
subject matter experts anticipate that
half of the U.S. ABTC applicants will
FR 5681 (Feb. 6, 2012).
described above, the self-certification only
entails certifying in GOES that the U.S. ABTC
applicant is an existing member in good standing
in a CBP trusted traveler program or that he or she
has submitted an application to a CBP trusted
traveler program, that he or she is either a bona fide
U.S. business person engaged in business in the
APEC region or a U.S. Government official actively
engaged in APEC business and that he or she is not
25 As
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Total
not be current members of a CBP trusted
traveler program. In an effort to mitigate
the possibility of over- or underestimating the number of U.S. ABTC
a professional athlete, news correspondent,
entertainer, musician, artist or person engaged in a
similar occupation.
26 77 FR 5681 (Feb. 6, 2012).
27 NCAPEC is a U.S. business association focused
on facilitating the private sector input into the
APEC process.
28 See https://csis.org/publication/why-usapproval-apec-business-travel-card-matters.
29 Thus, this enrollee would no longer be eligible
for an ABTC.
30 Although the accompanying U.S. ABTC Fee
Study includes an additional 5,000 Canadian
enrollments for whom CBP will provide ABTCs, as
these enrollees are not members of the U.S. ABTC
Program and CBP is reimbursed for the costs of
processing their applications, we exclude them
from this analysis.
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applicants required to concurrently
apply to a CBP trusted traveler program,
however, CBP has provided a sensitivity
analysis in Table 4 reflecting varying
percentages of U.S. ABTC applicants
who are not current members of a CBP
trusted traveler program.
TABLE 4
Initial projected ABTC
enrollments from
Table 3
Fiscal year
2013
2014
2015
2016
2017
2018
Percent of projected ABTC enrollees not currently in a Trusted Traveler
Program 31
Low
25%
Primary
50%
High
75%
.................................................
.................................................
.................................................
.................................................
.................................................
.................................................
6,375
4,250
2,125
........................................
........................................
........................................
1,594
1,063
531
........................................
........................................
........................................
3,188
2,125
1,063
........................................
........................................
........................................
4,781
3,188
1,594
........................................
........................................
........................................
Total ..........................................
12,750
3,188
6,376
9,563
5. Cost
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CBP has determined that a fee of $70
is necessary to recover the costs
associated with the U.S. ABTC Program.
These costs include the cost to issue the
U.S. ABTCs and the information
technology infrastructure costs, initial
and recurring, required to run the U.S.
ABTC Program.32
In addition to the U.S. ABTC fee, U.S.
ABTC applicants will also experience
an opportunity cost associated with
obtaining a U.S. ABTC. As discussed
above, CBP estimates U.S. ABTC
applicants who are currently members
of a CBP trusted traveler program will
experience a one hour and 10 minute
opportunity cost while U.S. ABTC
applicants who are not members of a
CBP trusted traveler program will
experience a one hour and 40 minute
opportunity cost. Additionally, U.S.
ABTC applicants who are not members
of a CBP trusted traveler program will
also be required to pay the $100 fee
31 Although the accompanying U.S. ABTC Fee
Study includes an additional 5,000 Canadian
enrollments for whom CBP will provide ABTCs, as
these enrollees are not members of the U.S. ABTC
Program and CBP is reimbursed for the costs of
processing their applications, we exclude them
from this analysis.
32 CBP performed a fee study to determine the
yearly costs of the program and the cost to establish
the program for all relevant parties. This fee study
entitled ‘‘Asia-Pacific Economic Cooperation
Business Travel Card Fee Study’’ is posted on the
docket as supplemental materials on
www.regulations.gov.
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associated with the Global Entry
program.33
The Department of Transportation’s
(DOT) guidance regarding the valuation
of travel time for air passengers
estimates a business traveler’s value to
be $57.20 per hour.34 Using this
estimate, the opportunity cost and fee
described above, CBP estimates that it
will cost a U.S. ABTC applicant who is
currently a CBP trusted traveler program
member approximately $137 to join the
U.S. ABTC program ($57.20 × 1.17
hours = $66.92; $66.92 + $70 U.S. ABTC
fee = $136.92).35 For U.S. ABTC
applicants who are not currently
members of a CBP trusted traveler
program, CBP estimates that it will cost
approximately $266 to join the U.S.
ABTC Program ($57.20 × 1.67 hours =
$95.52; $95.52 + $100 Global Entry
33 As discussed above, CBP anticipates U.S. ABTC
applicants not currently members of a CBP trusted
traveler program will join the Global Entry program.
34 ‘‘The Value of Travel Time Savings:
Departmental Guidance for Conducting Economic
Evaluations Revision 2 see Table 4), available at
https://www.dot.gov/sites/dot.dev/files/docs/vot_
guidance_092811c.pdf.
35 CBP estimates that U.S. ABTC applicants who
are currently in a CBP trusted traveler program will
experience an opportunity cost of 10 minutes to
complete a self-certification, schedule an
appointment at an enrollment center, and have their
signature digitally captured. Additionally, CBP
estimates these applicants will experience an
opportunity cost of 60 minutes to travel to and from
an enrollment center in order to have their
signature digitally captured. In total, CBP estimates
U.S. ABTC applicants who are currently members
of a CBP trusted traveler program will experience
an opportunity cost of 70 minutes, or 1.17 hours (70
minutes ÷ 60 minutes = 1.17 hours).
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program fee + $70 U.S. ABTC fee =
$265.52).36
Due to the different membership
periods for the CBP trusted traveler
programs (five years) and the U.S. ABTC
(three years), CBP notes that U.S. ABTC
applicants who join a CBP trusted
traveler program exclusively for the
ability to obtain a U.S. ABTC and have
renewed their U.S. ABTC (for a total of
6 years membership) will also incur the
opportunity cost and fee associated with
the Global Entry program when their
Global Entry membership expires prior
to their U.S. ABTC expiration date. CBP
estimates that it will cost approximately
$196 to renew a Global Entry
membership in order to maintain a U.S.
ABTC ($57.20 × 1.67 hours = $95.52;
$95.52 + $100 Global Entry program fee
= $195.52 The total present value cost
of this rule, as shown in Table 5 below,
will range from approximately $3.7
million to $5.3 million over a six-year
period of analysis. The total annualized
cost of this rule, using either a sevenpercent or three-percent discount rate,
will range from $0.7 million to 1.0
million.
36 CBP estimates that U.S. ABTC applicants who
are not currently in a CBP trusted traveler program
will experience an opportunity cost of 40 minutes
in order to complete the Global Entry application
and the U.S. ABTC self-certification. Additionally,
CBP estimates these applicants will experience an
opportunity cost of 60 minutes in order to complete
the interview for Global Entry and have their
signature digitally captured for their U.S. ABTC. In
total, CBP estimates U.S. ABTC applicants who are
not currently members of a CBP trusted traveler
program will experience an opportunity cost of 100
minutes, or 1.67 hours (100 minutes ÷ 60 minutes
= 1.67 hours).
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7%
3%
7%
3%
Initial
................
................
................
Subtotal ...........................
Total .........................
3,188
1,594
1,063
531
................
................
................
Low
25%
6,376
3,188
2,125
1,063
................
................
................
Primary
50%
9,563
4,781
3,188
1,594
................
................
................
High
75%
U.S. ABTC applicants not currently in a CBP trusted traveler
program
(B) = (Initial A × Percent)
1,594
................
................
................
................
................
1,594
Low
25%
3,188
................
................
................
................
................
3,188
Primary
50%
4,781
................
................
................
................
................
4,781
High
75%
U.S. ABTC applicants requiring a
5-year global entry renewal
(C)
................
................
................
................
................
6,375
4,250
2,125
Renewals
................
................
6,375
4,250
2,125
6,375
4,250
2,125
Total
................
................
................
................
25,500
22,312
4,781
3,187
1,594
6,375
4,250
2,125
Low
................
................
................
................
25,500
19,124
3,187
2,125
1,062
6,375
4,250
2,125
Primary
................
................
................
................
25,500
15,937
1,594
1,062
531
6,375
4,250
2,125
High
U.S. ABTC applicants currently in
a CBP trusted traveler program
(D) = (Total A ¥ B)
................
................
................
................
1,594
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Low
................
................
................
................
3,188
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Primary
................
................
................
................
4,781
n/a
n/a
n/a
n/a
n/a
n/a
n/a
High
U.S. ABTC applicants requiring a
5-year global entry renewal
(E)
U.S. ABTC APPLICANTS CURRENTLY IN A CBP TRUSTED TRAVELER PROGRAM
................
6,375
4,250
2,125
6,375
4,250
2,125
Total
present value (2013 dollars) .......................................................
present value (2013 dollars) .......................................................
annualized ...................................................................................
annualized ...................................................................................
6,375
4,250
2,125
................
................
................
.......................................
.......................................
.......................................
.......................................
.......................................
.......................................
2013
2014
2015
2016
2017
2018
Fiscal year
................
Subtotal ...........................
................
................
................
6,375
4,250
2,125
Renewals
Projected U.S. ABTC enrollments
(A)
6,375
4,250
2,125
................
................
................
Initial
Projected U.S. ABTC enrollments
(A)
3,652,877
3,953,615
716,223
708,570
4,217,176
3,056,744
$654,997
436,619
218,378
873,375
582,250
291,125
Low
1,160,432
4,269,235
4,626,437
837,073
829,154
4,940,852
2,619,988
$436,619
291,125
145,494
873,375
582,250
291,125
Primary
Total cost
(D × $137)
2,320,864
$848,008
565,250
282,758
......................
......................
624,848
Primary
50%
High
75%
4,885,332
5,298,965
957,871
949,685
5,664,203
2,183,369
$218,378
145,494
72,747
873,375
582,250
291,125
High
3,480,834
$1,271,746
848,008
424,004
......................
......................
937,076
Total Cost
(B × $266) + (C × $196)
$424,004
282,758
141,246
......................
......................
312,424
Low
25%
TABLE 5—U.S. ABTC APPLICANTS NOT CURRENTLY IN A CBP TRUSTED TRAVELER PROGRAM
.......................................
.......................................
.......................................
.......................................
.......................................
.......................................
2013
2014
2015
2016
2017
2018
Fiscal year
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6. Benefits
As stated earlier, the U.S. ABTC
Program will enable card holders access
to fast-track immigration lanes at
airports in the 20 foreign APEC member
economies. Although the ABTC program
is new for U.S. citizens, it is a wellestablished program for the other APEC
member economies. In an effort to
quantify the benefits of the ABTC, APEC
commissioned the report ‘‘Reducing
Business Travel Costs: The Success of
APEC’s Business Mobility Initiatives’’
(APEC Report).37 The APEC Report
quantified seven key performance
indicators, one of which quantifies the
time savings an ABTC holder receives
by using the fast-track immigration
lanes. As shown in Table 6 below, the
time savings each member’s ABTC
holders receive can vary greatly. CBP
believes the weighted average time
savings of approximately 43 minutes is
an appropriate estimate of the time
savings a U.S. ABTC holder will receive
when clearing foreign immigration
services using the fast-track immigration
lanes.
As discussed above, the DOT’s
guidance regarding the valuation of
travel time estimates a business
traveler’s value to be $57.20 per hour.38
Using this value and the estimated time
savings, CBP estimates each U.S. ABTC
holder will save approximately $41 per
visit to an APEC member economy (43
minutes ÷ 60 minutes = 0.72 hours;
$57.20 × 0.72 hours = $41.18).
TABLE 6—KEY PERFORMANCE INDICATOR 4—TOTAL TIME SAVINGS CLEARING IMMIGRATION AT THE BORDER BY ABTC
HOLDERS
Average time savings/
ABTC holder
(minutes)
Economy
Total time savings by
ABTC holders
(minutes)
ABTC Holders
(2011)
Australia .......................................................................................
Brunei Darussalam ......................................................................
Chile .............................................................................................
China ............................................................................................
Hong Kong China ........................................................................
Indonesia .....................................................................................
Japan ...........................................................................................
South Korea .................................................................................
Malaysia .......................................................................................
Mexico ..........................................................................................
New Zealand ................................................................................
Papua New Guinea .....................................................................
Peru .............................................................................................
Philippines ....................................................................................
Singapore .....................................................................................
Thailand .......................................................................................
Vietnam ........................................................................................
46.52
32.81
49.33
38.74
26.28
60.2
51.49
43.26
66.19
103.51
48.11
27.03
40.78
45.22
64.15
28.94
24.29
24,286
43
416
3,895
10,659
1,495
2,541
8,422
4,140
185
6,538
22
1,277
476
8,137
5,564
8,730
1,129,713
1,411
20,520
150,882
280,137
90,003
130,840
364,351
274,043
19,149
314,527
595
52,082
21,525
522,013
161,006
212,011
Total ......................................................................................
n/a
86,826
3,744,808
Weighted Average .........................................................
43.13
n/a
n/a
Source: Asia-Pacific Economic Cooperation. Reducing Business Travel Costs: The Success of APEC’s Business Mobility Initiatives (2011).
https://publications.apec.org/publication-detail.php?pub_id=1214.
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Because participation in the U.S.
ABTC Program is voluntary, the
perceived benefits of reduced wait time
have to equal or exceed the cost of the
program over three years for potential
enrollees to determine whether or not
the program is worthwhile. As
discussed above, CBP estimates that
each U.S. ABTC holder will save
approximately $41 per trip by using the
fast-track immigration lanes in foreign
APEC member economies. Although
CBP is unable to estimate the number of
trips each individual U.S. ABTC holder
will take to an APEC member economy,
based on the estimated savings per trip,
as described above, CBP can estimate
the minimum number of trips a U.S.
ABTC holder will have to take over the
three year U.S. ABTC validity period for
37 https://publications.apec.org/publicationdetail.php?pub_id=1214.
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the benefits of the U.S. ABTC to equal
or exceed the costs of obtaining a U.S.
ABTC. CBP notes that this is a voluntary
program and that individuals are likely
to participate only if they expect to
travel enough for the savings to offset
the cost of obtaining a U.S. ABTC.
CBP estimates a U.S ABTC applicant
who is currently enrolled in a CBP
trusted traveler program will need to
take a minimum of 4 trips, over three
years, in order for the benefits of the
U.S. ABTC Program to exceed the cost
associated with joining the program
($137 U.S. ABTC opportunity cost and
fee ÷ $41 saving per trip = 3.3 trips).
In addition to the $41 savings per trip
to an APEC member economy, CBP
estimates a U.S. ABTC applicant who is
not currently a CBP trusted traveler
member will also save an additional $7
by using a Global Entry kiosk for
expedited CBP clearance upon returning
to the United States from an APEC
economy (7 minutes ÷ 60 minutes = 0.12
hours; 0.12 hours x $57.20 = $6.86).39
CBP estimates a U.S. ABTC applicant
who is not currently a CBP trusted
traveler member will need to take a
minimum of 6 round trips between the
United States and an APEC member
economy, over three years, in order for
the benefits of the U.S. ABTC Program
to exceed the cost associated with
joining the program ($41 savings + $7
savings = $48 savings; $266 U.S. ABTC
and Global Entry opportunity cost and
fees ÷ $48 savings = 5.5).
38 ‘‘The Value of Travel Time Savings:
Departmental Guidance for Conducting Economic
Evaluations Revision 2. (See Table 4. Available at
7. Net Benefits
https://ostpxweb.dot.gov/policy/reports/vot_
guidance_092811c.pdf).
39 77 FR 5681 (Feb. 6, 2012).
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C. The Regulatory Flexibility Act
This section examines the impact of
the rule on small entities as required by
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the Regulatory Flexibility Act (5 U.S.C.
601 et. seq.), as amended by the Small
Business Regulatory Enforcement and
Fairness Act of 1996. A small entity may
be a small business (defined as any
independently owned and operated
business not dominant in its field that
qualifies as a small business per the
Small Business Act); a small not-forprofit organization; or a small
governmental jurisdiction (locality with
fewer than 50,000 people).
Although this rule regulates people
and not businesses, a U.S. citizen is
required to be either a bona fide U.S.
business person engaged in business in
the APEC region or a U.S. Government
official actively engaged in APEC
business in order to qualify for a U.S.
ABTC.40 Therefore, CBP has considered
the impact of this rule on small entities.
The U.S. ABTC Program is voluntary
and has a cost of approximately $137 if
a U.S. ABTC applicant is a current
member of a CBP trusted traveler
program or approximately $266 if a U.S.
ABTC applicant must concurrently
apply for a U.S. ABTC and a CBP
trusted traveler program. While the U.S.
ABTC applicant will bear the cost
associated with obtaining a U.S. ABTC,
a business may voluntarily reimburse
the applicant for the fee and his or her
opportunity cost. CBP cannot estimate
the number of small entities that will
voluntarily reimburse its employees.
CBP recognizes, however, that it is
possible that a substantial number of
small entities will be impacted by this
regulation. However, CBP does not
believe a cost of either $137 or $266,
depending on whether a U.S. ABTC
applicant is currently enrolled in a CBP
trusted traveler program, constitutes a
significant economic impact. As
discussed above, a U.S. ABTC holder
will save approximately 43 minutes, or
approximately $41, per trip in
opportunity costs which can be put to
productive APEC business related use.
Additionally, after approximately 4 or 6
trips to an APEC member economy, the
benefits of an ABTC will exceed the full
cost of obtaining a U.S. ABTC (fee +
40 The ABTC may only be used by a bona fide
business person engaged in business in the APEC
region or a U.S. Government official actively
engaged in APEC business. The card holder must
be traveling solely for business purposes in the
foreign APEC economy and not engaging in paid
employment in the foreign APEC economy. ‘‘APEC
business’’ means U.S. government activities that
support the work of APEC. A ‘‘bona fide business
person engaged in business in the APEC region’’
means a person engaged in the trade of goods, the
provision of services or the conduct of investment
activities in the APEC region. Professional athletes,
news correspondents, entertainers, musicians,
artists or persons engaged in similar occupations
are not considered to be bona fide business travelers
engaged in business in the APEC region.
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16:14 May 12, 2014
Jkt 232001
opportunity cost). CBP also notes that a
one-time expense of $137 or $266,
depending on whether the U.S. ABTC
applicant is currently enrolled in a CBP
trusted traveler program, is a fraction of
the cost of frequent trans-Pacific travel.
Thus, CBP certifies this regulation
will not have a significant economic
impact on a substantial number of small
entities.
D. Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year, and it will not
significantly or uniquely affect small
governments. Therefore, no actions are
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
E. Executive Order 13132
The rule will not have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with section 6 of Executive
Order 13132, this rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
F. Paperwork Reduction Act
The collections of information in this
document are under review by OMB in
accordance with the requirements of the
Paperwork Reduction Act (44 U.S.C.
3507) under control number 1651–0121.
An agency may not conduct or sponsor,
and a person is not required to respond
to, a collection of information unless it
displays a valid control number
assigned by OMB. The collections of
information in these regulations are
contained in Title 8, Part 235 of the
CFR. CBP is revising this collection by
adding new data elements for the U.S.
ABTC Program to GOES. This
information is required in order for
respondents to voluntarily apply for this
program. CBP will use this information
to verify eligibility in this program.
These proposed revisions to OMB
clearance 1651–0121 for the U.S. ABTC
Program application will result in the
following estimated increase to the
burden hours 41:
41 We estimate that a total 4,250 applicants will
enroll in the U.S. ABTC Program each year.
However, as described in the 12866 and 13563
section above, half of these applicants will apply
concurrently with a CBP trusted traveler program.
Since this is done by simply checking the U.S.
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27173
Estimated number of respondents
annually: 2,125.
Estimated average annual burden per
respondent: 10 minutes.
Estimated total annual reporting
burden: 361 hours.
CBP also anticipates an increase in
the number of Global Entry applications
as a result of the U.S. ABTC Program.
This will result in the following
estimated increase to the burden hours:
Global Entry Applications:
Estimated number of respondents
annually: 2,125.
Estimated average annual burden per
respondent: 40 minutes.
Estimated total annual reporting
burden: 1,424 hours.
Comments concerning the collections
of information should be directed to the
Office of Management and Budget,
Attention: Desk Officer for U.S. Customs
and Border Protection, Department of
Homeland Security, Office of
Information and Regulatory Affairs,
Washington, DC 20503. A copy should
also be sent to the Border Security
Regulations Branch, Regulations and
Rulings, U.S. Customs and Border
Protection, 90 K Street NE., 10th floor,
Washington, DC 20229–1177.
G. Privacy
DHS will ensure that all Privacy Act
requirements and policies are adhered
to in the implementation of this rule,
and will be updating the Privacy Act
Impact Assessment and System of
Records Notice, which will fully outline
processes to ensure compliance with
Privacy Act protections.
H. Signing Authority
The signing authority for this
document falls under 19 CFR 0.2(a).
Accordingly, this interim final rule is
signed by the Secretary of Homeland
Security.
IV. Authority
This regulation is issued under the
authority of 5 U.S.C. 301, 6 U.S.C. 112,
203 and 211, 8 U.S.C. 1103 and 19
U.S.C. 2, 66 and 1624, and Public Law
112–54.
List of Subjects
8 CFR Part 103
Administrative practice and
procedure, Authority delegations
ABTC box and completing the self-certification
there is no additional time burden to apply for the
U.S. ABTC for these applicants. As such, we
include only the 2,125 applicants who apply solely
for a U.S. ABTC here. The time burden for those
who apply concurrently for a U.S. ABTC and a CBP
trusted traveler program is captured in the 40
minutes for the additional 2,125 Global Entry
applicants.
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27174
Federal Register / Vol. 79, No. 92 / Tuesday, May 13, 2014 / Rules and Regulations
(Government agencies), Freedom of
information, Immigration, Privacy,
Reporting and recordkeeping
requirements, Surety bonds.
8 CFR Part 235
Administrative practice and
procedure, Aliens, Immigration,
Reporting and recordkeeping
requirements.
Amendments to Regulations
For the reasons set forth in this
document, 8 CFR parts 103 and 235 are
amended as follows:
PART 103—IMMIGRATION BENEFITS;
BIOMETRIC REQUIREMENTS;
AVAILABILITY OF RECORDS
1. The authority citation for part 103
is revised to read as follows:
■
Authority: 5 U.S.C. 301, 552, 552a; 8
U.S.C. 1101, 1103, 1304, 1356, 1365b; 31
U.S.C. 9701; Public Law 107–296, 116 Stat.
2135 (6 U.S.C. 1 et seq.); E.O. 12356, 47 FR
14874, 15557, 3 CFR, 1982 Comp., p.166; 8
CFR part 2; Pub. L. 112–54.
2. In § 103.7, paragraph (b)(1)(ii)(N) is
added to read as follows:
■
§ 103.7
Fees.
*
*
*
*
*
(b) * * *
(1) * * *
(ii) * * *
(N) U.S. Asia-Pacific Economic
Cooperation (APEC) Business Travel
Card. For filing an application for the
card—$70.
*
*
*
*
*
PART 235—INSPECTION OF PERSONS
APPLYING FOR ADMISSION
3. The authority citation for part 235
is revised to read as follows:
■
Authority: 8 U.S.C. 1101 and note, 1103,
1183, 1185 (pursuant to E.O. 13323, 69 FR
241, 3 CFR, 2004 Comp., p.278), 1201, 1224,
1225, 1226, 1228, 1365a note, 1365b, 1379,
1731–32; Title VII of Public Law 110–229; 8
U.S.C. 1185 note (section 7209 of Pub. L.
108–458); Pub. L. 112–54.
4. A new § 235.13 is added to read as
follows:
■
mstockstill on DSK4VPTVN1PROD with RULES
§ 235.13 U.S. Asia-Pacific Economic
Cooperation Business Travel Card
Program.
(a) Description. The U.S. Asia-Pacific
Economic Cooperation (APEC) Business
Travel Card Program is a voluntary
program designed to facilitate travel for
bona fide U.S. business persons engaged
in business in the APEC region and U.S.
government officials actively engaged in
APEC business within the APEC region.
Participants will receive a U.S. APEC
Business Travel Card that will enable
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16:14 May 12, 2014
Jkt 232001
them access to fast-track immigration
lanes at participating airports in foreign
APEC member economies. In order to
obtain a U.S. APEC Business Travel
Card, an individual must meet the
eligibility requirements specified in this
section, apply in advance, pay any
requisite fee and be approved as a card
holder. The APEC member economies
are identified at https://www.apec.org.
(b) Program eligibility criteria—(1)
Eligible individuals. An individual is
eligible for the U.S. APEC Business
Travel Card if he or she is:
(i) A U.S. citizen;
(ii) An existing member in good
standing of a CBP trusted traveler
program or approved for membership in
a CBP trusted traveler program during
the application process described in
paragraph (c) of this section; and
(iii) A bona fide U.S. business person
engaged in business in the APEC region
or U.S. Government official actively
engaged in APEC business.
(A) ‘‘APEC business’’ means U.S.
government activities that support the
work of APEC.
(B) A ‘‘bona fide business person
engaged in business in the APEC
region’’ means a person engaged in the
trade of goods, the provision of services,
or the conduct of investment activities
in the APEC region. Professional
athletes, news correspondents,
entertainers, musicians, artists or
persons engaged in similar occupations
are not considered to be bona fide
business persons engaged in business in
the APEC region.
(2) Conditions regarding the use of the
U.S. APEC Business Travel Card. (i) The
U.S. APEC Business Travel Card is not
transferable and may be used only by
the U.S. APEC Business Travel Card
holder and not by anyone else including
the card holder’s spouse or child.
(ii) The U.S. APEC Business Travel
Card can be used only if the card holder
is traveling solely for business purposes
to a foreign APEC member economy and
is not engaging in paid employment in
the foreign APEC member economy.
(c) Application process. (1) Each
applicant must complete and submit an
application electronically through the
Global Entry Enrollment System (GOES)
or other applicable process as
determined by CBP. The application
and application instructions for the card
are available as an add-on to the CBP
trusted traveler application at
www.globalentry.gov.
(2) Each applicant must certify that he
or she is an existing member in good
standing in a CBP trusted traveler
program or that he or she has submitted
an application to a CBP trusted traveler
program; that he or she is a bona fide
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Frm 00016
Fmt 4700
Sfmt 4700
U.S. business person engaged in
business in the APEC region or U.S.
Government official actively engaged in
APEC business; and, that he or she is
not a professional athlete, news
correspondent, entertainer, musician,
artist or person engaged in a similar
occupation.
(3) Each applicant must provide his or
her signature so that the signature will
appear on the face of the card.
(4) If the applicant is not a member of
a CBP trusted traveler program, the
applicant must concurrently apply for
membership in a CBP trusted traveler
program and be approved for such
membership. Applicants for a CBP
trusted traveler program must have an
in-person interview, undergo a vetting
process and pay the relevant CBP
trusted traveler fee. Active membership
in a CBP trusted traveler program is
necessary for the entire duration of the
U.S. APEC Business Travel Card. If
membership in the CBP trusted traveler
program is set to lapse before the U.S.
APEC Business Travel Card expires, the
individual must renew his or her CBP
trusted traveler membership prior to its
expiration date in order to retain
membership in the U.S. APEC Business
Travel Card Program.
(5) Each applicant must pay a nonrefundable fee in the amount set forth at
8 CFR 103.7(b)(1)(ii)(N) for ‘‘U.S. AsiaPacific Economic Cooperation (APEC)
Business Travel Card’’ at the time of
application. The fee is to be paid to CBP
at the time of application through the
Federal Government’s on-line payment
system, Pay.gov or other CBP-approved
process.
(6) The U.S. APEC Business Travel
Card is valid for a period of 3 years or
until the expiration date of the card
holder’s passport if that is earlier,
provided that membership is not
suspended or terminated by CBP prior
to the end of this period. CBP can
terminate use of the U.S. APEC Business
Travel Card if the card holder is no
longer a member of a CBP trusted
traveler program or if the individual is
not compliant with the program
requirements. Each applicant may apply
to renew the card prior to its expiration.
(d) Expedited entry privileges. The
U.S. APEC Business Travel Card will
enable card holders access to a
dedicated fast-track lane for expedited
immigration processing at participating
airports in foreign APEC member
economies.
(e) Entry requirements. U.S. APEC
Business Travel Card holders must
present any travel or identity
documentation, such as a passport and
visa, required by the foreign APEC
member economies.
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13MYR1
mstockstill on DSK4VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 92 / Tuesday, May 13, 2014 / Rules and Regulations
(f) Denial, removal and suspension.
(1) If an applicant is denied a U.S. APEC
Business Travel Card, CBP will notify
the applicant of the denial, and the
reasons for the denial. CBP will also
provide instructions regarding how to
proceed if the applicant wishes to seek
additional information as to the reason
for the denial.
(2) A U.S. APEC Business Travel Card
holder may be suspended or removed
from the U.S. APEC Business Travel
Card Program if CBP determines at its
sole discretion that:
(i) The U.S. APEC Business Travel
Card holder provided false information
in the application and/or during the
application process;
(ii) The U.S. APEC Business Travel
Card holder failed to follow the terms,
conditions and requirements of the
program (including continued active
membership in a CBP trusted traveler
program);
(iii) The U.S. APEC Business Travel
Card holder has been arrested or
convicted of a crime or otherwise no
longer meets the program eligibility
criteria; or
(iv) Such action is otherwise
necessary.
(3) CBP will notify the U.S. APEC
Business Travel Card holder of his or
her suspension or removal in writing.
Such suspension or removal is effective
immediately.
(4) A U.S. APEC Business Travel Card
applicant or a U.S. APEC Business
Travel Card holder who is denied,
suspended, or removed will not receive
a refund, in whole or in part, of the
application fee.
(g) Redress. An individual whose
application is denied or whose
participation is suspended or
terminated has two possible methods of
redress. These processes do not create or
confer any legal right, privilege, or
benefit on the applicant or participant,
and are wholly discretionary on the part
of CBP. The methods of redress are:
(1) Enrollment center. If the applicant
or participant applied concurrently for
the U.S. APEC Business Travel Card and
a CBP trusted traveler program, the
applicant or participant may contest his
or her denial, suspension or removal by
writing to the enrollment center where
that individual’s CBP trusted traveler
program interview was conducted. If the
applicant or participant was already a
member of a CBP trusted traveler
program, the applicant or participant
may contest his or her denial,
suspension or removal by writing to the
enrollment center where that
individual’s signature was collected for
the U.S. APEC Business Travel Card.
The enrollment center addresses are
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16:14 May 12, 2014
Jkt 232001
available at www.globalentry.gov, https://
www.globalentry.gov/nexus.html and
https://www.globalentry.gov/sentri.html.
The letter must be received by CBP
within 30 calendar days of the date
provided as the date of suspension or
removal. The individual should write
on the envelope ‘‘Redress Request RE:
U.S. APEC Business Travel Card.’’ The
letter should address any facts or
conduct listed in the notification from
CBP as contributing to the denial,
suspension or removal and why the
applicant or participant believes the
reason for the action is invalid. If the
applicant or participant believes that the
denial, suspension or removal was
based upon inaccurate information, the
individual should also include any
reasonably available supporting
documentation with the letter. After
review, CBP will inform the individual
of its redress decision. If the
individual’s request for redress is
successful, the individual’s eligibility to
be a U.S. APEC Business Travel Card
holder will continue immediately.
(2) Ombudsman. Applicants and
participants may contest a denial,
suspension or removal by writing to the
CBP Trusted Traveler Ombudsman at
the address listed on the Web site
www.globalentry.gov.
(h) Duration of U.S. APEC Business
Travel Card Program. DHS will issue
U.S. APEC Business Travel Cards
through September 30, 2018. Unless
suspended or revoked, U.S. APEC
Business Travel Cards issued on or
before September 30, 2018 are valid
until their expiration date, even if the
expiration date is after September 30,
2018.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2014–10767 Filed 5–12–14; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2013–0591; Airspace
Docket No. 13–AGL–21]
Amendment of Class E Airspace;
Amery, WI
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends Class E
airspace at Amery, WI.
Decommissioning of the Ameron nondirectional radio beacon (NDB) at
SUMMARY:
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Fmt 4700
Sfmt 4700
27175
Amery Municipal Airport has made
airspace reconfiguration necessary for
standard instrument approach
procedures and for the safety and
management of Instrument Flight Rule
(IFR) operations at the airport.
DATES: Effective date: 0901 UTC, July
24, 2014. The Director of the Federal
Register approves this incorporation by
reference action under 1 CFR Part 51,
subject to the annual revision of FAA
Order 7400.9 and publication of
conforming amendments.
FOR FURTHER INFORMATION CONTACT:
Scott Enander, Central Service Center,
Operations Support Group, Federal
Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort
Worth, TX 76137; telephone 817–321–
7716.
SUPPLEMENTARY INFORMATION:
History
On March 3, 2014, the FAA published
in the Federal Register a notice of
proposed rulemaking (NPRM) to amend
Class E airspace for the Amery, WI, area,
modifying controlled airspace at Amery
Municipal Airport (79 FR 11730) Docket
No. FAA–2013–0591. Interested parties
were invited to participate in this
rulemaking effort by submitting written
comments on the proposal to the FAA.
No comments were received. Class E
airspace designations are published in
paragraph 6005 of FAA Order 7400.9X
dated August 7, 2013, and effective
September 15, 2013, which is
incorporated by reference in 14 CFR
Part 71.1. The Class E airspace
designations listed in this document
will be published subsequently in the
Order.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) Part 71 by
amending Class E airspace extending
upward from 700 feet above the surface
for standard instrument approach
procedures at Amery Municipal Airport,
Amery, WI. Airspace reconfiguration is
necessary due to the decommissioning
of the Ameron NDB and the cancellation
of the NDB approach, thereby removing
the 7.4-mile segment north extending
from the 6.4-mile radius of the airport.
Controlled airspace is necessary for the
safety and management of IFR
operations at the airport.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
E:\FR\FM\13MYR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 92 (Tuesday, May 13, 2014)]
[Rules and Regulations]
[Pages 27161-27175]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10767]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 103 and 235
[Docket No. USCBP-2013-0029: CBP Decision No. 14-05]
RIN 1651-AB01
The U.S. Asia-Pacific Economic Cooperation Business Travel Card
Program
AGENCY: U.S. Customs and Border Protection. DHS.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: This interim final rule establishes the U.S. Asia-Pacific
Economic Cooperation (APEC) Business Travel Card Program. APEC is an
economic forum comprised of twenty-one members, including the United
States, whose primary goal is to support sustainable economic growth
and prosperity in the Asia-Pacific region. One of APEC's initiatives is
the APEC Business Travel Card Program. The U.S. APEC Business Travel
Card Program will provide qualified U.S. business travelers engaged in
business in the APEC region or U.S. Government officials actively
engaged in APEC business the ability to access fast-track immigration
lanes at participating airports in foreign APEC economies. This rule
sets forth the parameters of the program, the eligibility requirements,
the application procedures, the duration of the program and the fee. In
accordance with the authorizing law, DHS will not issue any new U.S.
APEC Business Travel Cards or renew any U.S. APEC Business Travel Cards
after September 30, 2018. Unless the law is amended to extend the
duration of the U.S. APEC Business Travel Card Program, all U.S. APEC
Business Travel Cards will expire by September 29, 2021.
DATES: This interim final rule is effective on June 12, 2014. Comments
must be received on or before June 12, 2014.
ADDRESSES: You may submit comments, identified by docket number USCBP-
2013-0029, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Border Security Regulations Branch, Regulations and
Rulings, Office of International Trade, U.S. Customs and Border
Protection, 90 K Street NE., 10th Floor, Washington, DC 20229-1177.
Instructions: All submissions received must include the agency name
and docket title for this rulemaking, and must reference docket number
USCBP-2013-0029. All comments received will be posted without change to
https://www.regulations.gov, including any personal information
provided. For detailed instructions on submitting comments and
additional information on the rulemaking process, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of the
document.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov. Submitted comments
may also be inspected during regular business days between the hours of
9 a.m. and 4:30 p.m. at the Office of International Trade, Customs and
Border Protection, 90 K Street NE., 10th Floor, Washington, DC.
Arrangements to inspect submitted comments should be made in advance by
calling Mr. Joseph Clark at (202) 325-0118.
FOR FURTHER INFORMATION CONTACT: Mr. David Sanchez, Office of Field
Operations, (202) 344-1004, David.Sanchez@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
II. Background
[[Page 27162]]
A. The Asia-Pacific Economic Cooperation (APEC)
B. The APEC Business Travel Card Program
1. ABTC Program Operating Framework
2. Standards for ABTCs
C. U.S. Participation in ABTC
1. U.S. APEC Business Travel Card (ABTC) Program
2. General Description
3. Eligibility Requirements
a. Global Entry
b. NEXUS
c. SENTRI
d. Eligibility Requirements of Global Entry, NEXUS and SENTRI
4. Conditions for Use of the U.S. ABTC
5. U.S. ABTC Application Process/Payment of Fee
6. Validity Period
7. Expedited Entry Privileges
8. Entry Requirements
9. Denial, Removal and Suspension
10. Redress Procedures
11. Duration of U.S. ABTC Program
D. Payment of U.S. ABTC Fee
III. Statutory and Regulatory Requirements
A. Administrative Procedure Act
B. Executive Order 12866 and Executive Order 13563
1. Synopsis
2. Background
3. U.S. ABTC Applicant Categories
a. U.S. ABTC Applicants Who Are Currently Members of a CBP
Trusted Traveler Program
b. U.S. ABTC Applicants Who Are Not Currently Members of a CBP
Trusted Traveler Program
4. Number of U.S. ABTC Applicants
5. Cost
6. Benefits
7. Net Benefits
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act of 1995
E. Executive Order 13132
F. Paperwork Reduction Act
G. Privacy
H. Signing Authority
IV. Authority
List of Subjects
Amendments to Regulations
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of the
rule. Comments that will provide the most assistance will reference a
specific portion of the rule, explain the reason for any recommended
change, and include data, information, or authority that support such
recommended change.
II. Background
A. The Asia-Pacific Economic Cooperation (APEC)
The United States is a member of APEC, which is an economic forum
comprised of twenty-one members whose primary goal is to support
sustainable economic growth and prosperity in the Asia-Pacific
region.\1\ The other members include: Australia, Brunei Darussalam,
Canada, Chile, China, Hong Kong China, Indonesia, Japan, Korea,
Malaysia, Mexico, New Zealand, Papua New Guinea, Peru, Philippines,
Russia, Singapore, Chinese Taipei, Thailand, and Vietnam. One of APEC's
primary goals is to facilitate business by reducing the costs of
business transactions and to help importers and exporters in the Asia-
Pacific region meet to conduct business more efficiently. APEC is
committed to facilitating travel for qualified business people within
the APEC region by promoting free, open trade and investment.
---------------------------------------------------------------------------
\1\ APEC members are also referred to as `economies' since the
APEC process is primarily concerned with trade and economic issues
with the members engaging each other as economic entities. The most
recently updated list of members is available at the APEC Web site
at www.apec.org/About-Us/About-APEC/Member-Economies.aspx. For
simplicity, we will generally refer to them in the preamble of this
document as APEC members.
---------------------------------------------------------------------------
B. The APEC Business Travel Card Program
One of APEC's business facilitation initiatives is the APEC
Business Travel Card (ABTC) Program. Under the ABTC Program, APEC
members can issue cards to business travelers and senior government
officials who meet certain standards established by the members to
provide simpler short-term entry procedures within the APEC region.
Applicants are screened against security and immigration databases to
ensure that they are trusted travelers, and must be pre-cleared by
participating members to receive the card.
1. ABTC Program Operating Framework
All twenty-one APEC members participate in the ABTC Program and
intend to follow the operating procedures set out in the APEC Business
Travel Card Operating Framework, dated October 2010 (``APEC
Framework'').\2\ The APEC Framework distinguishes between fully
participating and transitional APEC members for purposes of the ABTC
Program. Transitional members meet some, but not all, of the APEC
Framework's principles and are committed to progressing towards meeting
all the principles.
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\2\ Although participating members agree to adhere to the
operating principles and procedures outlined, the document is not
legally binding.
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Of the twenty-one APEC members, nineteen are full members and two
are transitional members of the ABTC Program. All nineteen fully
participating APEC members currently issue ABTCs to their qualifying
citizens and allow other members' card holders to apply for ``pre-
clearance.'' \3\ Full members do not require any ABTC holders they have
already pre-cleared to make a separate application for a business visa
for travel to their member economy and expedited immigration processing
when they arrive. Canada and the United States are currently
transitional members because they do not offer visa-free travel for
ABTC holders unless they otherwise qualify for visa-free travel, and
they do not accept an application for ABTC pre-clearance in lieu of a
visa application and applicable fees.
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\3\ The term pre-clearance as used in the APEC Framework has a
different meaning than the usual meaning ascribed to that term by
CBP, which is the tentative examination and inspection of air
travelers and their baggage at foreign places where CBP personnel
are stationed for that purpose.
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Under the APEC Framework, the ABTC enables access to fast-track
immigration lanes at members' participating airports. All APEC members
have fast-track immigration lanes for priority processing. In addition,
under the APEC Framework, fully participating members may provide
``pre-clearance benefits'' to card holders of other fully participating
members, meaning that the pre-cleared card holders would not need to
complete a separate application for visas or entry permits to travel to
the territory of other participating APEC members. Most fully
participating ABTC member economies accept the ABTC in lieu of a visa
for a pre-cleared card holder during the entire time the ABTC is valid.
Pursuant to the APEC Framework, the card holder may also need to
present a valid passport or other documentation (such as an arrival/
departure card). Fully participating members may choose to provide full
``pre-clearance benefits'' to any transitional member whether or not
the transitional member provides similar full ``pre-clearance
benefits.'' The ABTC Program does not affect the right of each member
economy to determine who may travel to, enter and remain in that
economy, including ABTC holders.
2. Standards for ABTCs
According to the APEC Framework, each APEC member can either issue
its own ABTCs or have a private entity issue them on its behalf. In
either case, the APEC member may only issue an ABTC to its own
citizens.\4\ The design and content of the card is set out in the APEC
Framework. The card follows standards produced by the International
[[Page 27163]]
Civil Aviation Organization (ICAO) and includes: the card holder's
signature, the document number, the issuing economy, the document type
code, the document expiration date, and the surname and given name, sex
and date of birth, and economy of the card holder.
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\4\ In the case of Hong Kong China, ABTCs may be issued to Hong
Kong China permanent residents who hold Hong Kong permanent identity
cards. See APEC Framework 3.1.2.
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Individuals may apply for the ABTC if they: are citizens of a
participating economy \5\; have never been convicted of a criminal
offense; hold a valid passport issued by the home economy \6\; and are
bona fide business persons engaged in business who may need to travel
frequently on short-term visits within the APEC region to fulfill
business commitments. A bona fide business person is defined in the
APEC Framework as a person who is engaged in the trade of goods, the
provision of services, or the conduct of investment activities.
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\5\ In the case of Hong Kong China, this applies to its
permanent residents who hold Hong Kong permanent identity cards.
\6\ In the case of Hong Kong China, this applies to its
permanent residents who hold a Hong Kong Special Administrative
Region passport or a valid travel document issued by another country
or territory.
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In addition, senior Government officials or other government
officials actively engaged in APEC business may be eligible for an
ABTC. Each APEC member determines its own definition of the term
``senior Government official.''
According to the APEC Framework, the following persons are not
eligible for ABTCs: The business person's dependent spouse and
children; persons who wish to engage in paid employment (obtain a paid
employment position located in a foreign APEC economy) or a working
holiday; and professional athletes, news correspondents, entertainers,
musicians, artists, or persons engaged in similar occupations. These
eligibility requirements apply whether the individual is a citizen \7\
of a transitional or fully participating member. The APEC Framework
provides that members may impose additional eligibility criteria.
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\7\ In the case of Hong Kong China, ABTCs may be issued to Hong
Kong China permanent residents who hold Hong Kong permanent identity
cards.
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Under the APEC Framework, APEC members may charge a fee to issue
the ABTC, which is valid for three years from the date of issuance or
the date the ABTC card holder's passport expires if that is earlier.
The ABTC is not transferable. Although not explicitly stated in the
APEC Framework, in order to continue receiving benefits, an ABTC holder
must renew his or her ABTC and pay any requisite fee prior to the ABTC
expiration. For more information on APEC and the ABTC, please refer to
https://www.apec.org/.
C. U.S. Participation in ABTC
As a member of APEC, the United States recognizes ABTCs from other
members and provides fast track immigration processing lanes, typically
allowing ABTC holders to use diplomatic or crew lines at airports.
However, as a transitional member in the ABTC Program, the United
States does not offer visa-free travel for ABTC holders from economies
that do not participate in the Visa Waiver Program or otherwise have
visa free travel to the U.S., and does not accept an ABTC pre-clearance
application in lieu of a visa application. ABTC holders entering the
United States are subject to the inspection process that is applicable
to other travelers, including the presentation of valid passports and,
where applicable, valid visas.\8\ Although the United States requires
visas for ABTC holders to travel to the United States, it affords ABTC
holders from APEC members expedited visa interview scheduling at
embassies and consulates abroad. All U.S. embassies and consulates in
APEC member economies have procedures to expedite the scheduling of
visa interviews for ABTC holders seeking to travel to the United
States.
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\8\ As provided in the APEC Framework, the ABTC scheme does not
affect the right of each APEC economy to determine who may travel
to, enter and remain in that economy, including after a business
person has been issued an ABTC. Therefore, the issuance of a U.S.
ABTC to a qualifying individual does not affect the right of a
foreign APEC economy to determine whether the U.S. ABTC holder may
travel to, enter and remain in that economy.
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The United States currently does not issue ABTCs to U.S.
citizens.\9\ Therefore, U.S. travelers visiting other APEC members do
not receive similar expedited processing that individuals from other
APEC members receive when they visit the United States.
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\9\ The purpose of this regulation is to issue U.S. ABTCs to
U.S. citizens.
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On November 12, 2011, President Obama signed the Asia-Pacific
Economic Cooperation Business Travel Cards Act of 2011 (APEC Act).
Public Law 112-54, 125 Stat. 550. The APEC Act authorizes the Secretary
of Homeland Security, in coordination with the Secretary of State, to
issue U.S. ABTCs through September 30, 2018, to any eligible person,
including business persons and U.S. Government officials actively
engaged in APEC business. The APEC Act also authorizes the Secretary of
Homeland Security to prescribe and collect a fee for the issuance of
U.S. ABTCs. The APEC Act provides that an individual may not receive a
U.S. ABTC unless the individual has been approved and is in good
standing in an international trusted traveler program of DHS.
The APEC Act authorizes the Secretary of Homeland Security, in
coordination with the Secretary of State, to prescribe the necessary
regulations, including regulations regarding conditions of or
limitations on eligibility for an ABTC. The APEC Act also provides that
the Secretary of Homeland Security may consult with the appropriate
private sector entities.
DHS has consulted closely with the Department of State regarding
the establishment and policies of the U.S. ABTC Program. DHS has also
consulted with the private sector through its participation in a
discussion panel at the Asia-Pacific Council of American Chamber of
Commerce and attendance at the APEC Business Mobility Group
meetings.\10\
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\10\ APEC Business Advisory Council representatives are invited
to attend the APEC Business Mobility Group meetings.
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As a result of the APEC Act and DHS's consultation with the
Department of State and the private sector, DHS is establishing a U.S.
ABTC Program and plans to issue its own ABTCs (U.S. ABTCs). This action
will allow U.S. citizens traveling to other APEC members to receive
expedited processing that individuals from other APEC members receive
when they visit the United States.
1. U.S. APEC Business Travel Card (ABTC) Program
This rule promulgates regulations that adhere to the current APEC
Framework \11\ as of the publication of this rule and implement the
U.S. ABTC Program and fee. 8 CFR 235.13 and 8 CFR 103.7(b)(1)(ii)(N).
Section 235.13 includes a general description of the program,
eligibility requirements, application procedures, enrollment period,
and the requirement to pay an application fee as specified in section
103.7(b)(1)(ii)(N). Section 103.7(b)(1)(ii)(N) specifies the amount of
the fee.
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\11\ The current version of the APEC Framework is Version 17,
agreed to on January 30, 2013. Any subsequent revisions to the APEC
Framework that directly affect the U.S. ABTC may require a
regulatory change.
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2. General Description
The U.S. ABTC Program is a voluntary program designed to facilitate
travel for bona fide U.S. business persons engaged in business in the
APEC region and U.S. government officials actively engaged in APEC
business within the APEC region.
[[Page 27164]]
Participants who receive a U.S. ABTC will be able to access fast-track
immigration lanes at participating airports in foreign APEC member
economies. See 8 CFR 235.13(a). A list of the airports where ABTC
holders may access fast-track immigration lanes is available at https://travel.apec.org/abtc-summary.html.
3. Eligibility Requirements
This rule sets forth eligibility criteria for the U.S. ABTC Program
that satisfy the requirements of the APEC Framework and the APEC Act.
First, in accordance with the APEC Framework, to participate in the
U.S. ABTC Program, the individual must be a U.S. citizen.
Second, this rule requires that the individual must be a bona fide
business person engaged in business in the APEC region or a U.S.
Government official actively engaged in APEC business. The rule defines
several terms to determine whether an individual is eligible to
participate in the program. For purposes of this rule only, DHS defines
the APEC Framework term ``senior Government official'' to mean a U.S.
Government official actively engaged in APEC business. DHS defines
``APEC business'' to mean U.S. government activities that support the
work of APEC. Pursuant to the APEC Framework, a ``bona fide business
person engaged in business in the APEC region'' means a person engaged
in the trade of goods, the provision of services or the conduct of
investment activities in the APEC region. As specified in the APEC
Framework, professional athletes, news correspondents, entertainers,
musicians, artists or persons engaged in similar occupations are not
considered to be bona fide business travelers engaged in business in
the APEC region.
Finally, this rule requires that the individual be an existing
member in good standing of a CBP trusted traveler program or one who is
approved for membership in a CBP trusted traveler program during the
U.S. ABTC application process. This trusted traveler criterion is
included in the APEC Act. Although the APEC Act refers to membership in
a DHS trusted traveler program, not all DHS trusted traveler programs
are compatible with U.S. ABTC travel. Therefore, DHS has limited
eligibility to participants of the trusted traveler programs that are
conducive with the type of international travel contemplated by the
U.S. ABTC Program. These trusted traveler programs include: (a) Global
Entry, (b) NEXUS, and (c) Secure Electronic Network for Travelers Rapid
Inspection (SENTRI). These three CBP trusted traveler programs fit the
parameters of the U.S. ABTC Program due to their eligibility
requirements, vetting process and expedited processing at ports of
entry.\12\
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\12\ Other DHS trusted traveler programs such as FAST and TSA
Precheck do not fit the parameters of the U.S. ABTC Program due to
their vetting process and their inapplicability to international air
travel.
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a. Global Entry
Global Entry is a voluntary international trusted traveler program
that allows for the expedited clearance of pre-approved, low-risk
travelers arriving in the United States at Global Entry kiosks located
at designated airports. See 8 CFR 235.12. More information about the
program is available at https://www.globalentry.gov.
b. NEXUS
NEXUS is a jointly administered U.S.-Canada trusted traveler
program established in 2002 as part of the U.S.-Canada Shared Border
Accord. NEXUS allows pre-approved, low-risk travelers expedited
processing for land, air and sea travel between the United States and
Canada at dedicated processing lanes at designated northern border land
ports of entry, at NEXUS kiosks at U.S. pre-clearance airports in
Canada, and at marine reporting locations. Additionally, NEXUS
participants may utilize Global Entry kiosks. An applicant may qualify
to participate in NEXUS if he or she is a citizen or lawful permanent
resident of the United States or Canada. To participate in NEXUS, both
the United States and Canada must approve the individual's application.
Additional details regarding the NEXUS trusted traveler program may be
found at https://www.globalentry.gov/nexus.html.
c. SENTRI
The SENTRI trusted traveler program allows pre-approved, low-risk
travelers expedited entry at specified land border ports along the
U.S.-Mexico border. Additionally, SENTRI participants may utilize
Global Entry kiosks. The program is described in 8 CFR 235.7.\13\
Additional details regarding the SENTRI trusted traveler program can be
found at https://www.globalentry.gov/sentri.html.
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\13\ SENTRI is also referred to as a PortPass program. Section
235.7 is the PortPass program regulation.
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d. Eligibility Requirements of Global Entry, NEXUS, and SENTRI
In general, to participate in any of these three CBP trusted
traveler programs, a person must meet the eligibility requirements,
apply in advance, pay the requisite non-refundable fee, undergo vetting
by CBP, and be accepted into the program. All applicants must
voluntarily undergo a thorough background check against criminal, law
enforcement, customs, immigration, intelligence, and terrorist
databases, a 10-fingerprint law enforcement check, and a personal
interview with a CBP officer. Persons who, for example, have been
convicted of a criminal offense may not be eligible for participation
in CBP's trusted traveler programs. Travelers who wish to participate
in Global Entry, NEXUS or SENTRI must apply via the Global On-Line
Enrollment System (GOES) Web site, https://goes-app.cbp.dhs.gov, or
other CBP-approved process. Applications must be completed and
submitted electronically. After submitting the application, the
applicant will be notified by CBP to schedule an in-person interview at
one of the enrollment centers.
Each applicant accepted into a CBP trusted traveler program is
accepted for a period of five years provided participation is not
suspended or terminated by CBP prior to the end of the five years. Each
applicant may apply to renew participation up to one year prior to the
close of the participation period.
Under this rule, an individual who wants to apply for the U.S. ABTC
Program and is not a member of a CBP trusted traveler program must also
apply for a CBP trusted traveler program. An individual may either
apply to a CBP trusted traveler program in advance of applying for a
U.S. ABTC or may apply concurrently with the U.S. ABTC Program
application. The details are explained in the section below entitled
U.S. ABTC Application Process.
4. Conditions for Use of the U.S. ABTC
This rule specifies that pursuant to the APEC Framework, the U.S.
ABTC is not transferable and may be used only by the U.S. ABTC holder
and not anyone else including the card holder's spouse or child. It
also provides that pursuant to the APEC Framework, in order to use the
U.S. ABTC, the card holder must be traveling solely for business
purposes in the foreign APEC economy and not engaging in paid
employment in the foreign APEC economy. As stated in the APEC
Framework, the ABTC is intended for business persons who travel
frequently on short term visits within the APEC region to fulfill
business commitments.
[[Page 27165]]
5. U.S. ABTC Application Process/Payment of Fee
Under this rule, each applicant must complete and submit an
application electronically through the GOES Web site or other approved
process as determined by CBP. The current process is GOES. If CBP
changes the approved process for submitting an application, the public
will be notified through a Federal Register notice and the CBP Web
site, https://www.globalentry.gov. To apply for a U.S. ABTC, an
individual must apply via the GOES Web site, https://goes-app.cbp.dhs.gov. This is the same Web site that is used to apply for
CBP's trusted traveler programs. A detailed description of the GOES
process is contained in 8 CFR 235.12.
If the applicant is not already a member of a CBP trusted traveler
program, he or she must also apply for a CBP trusted traveler program
in GOES. Active membership in a CBP trusted traveler program is
necessary for the entire duration of the U.S. ABTC. If membership in
the CBP trusted traveler program is set to lapse before the U.S. ABTC
expires, the individual must renew his or her CBP trusted traveler
membership prior to expiration in order to retain membership in the
U.S. ABTC Program.
To apply for the U.S. ABTC, the applicant checks the box in GOES
indicating that he or she wishes to apply for the U.S. ABTC. The
applicant is then prompted to the self-certification screen. This self-
certification process requires the applicant to certify that he or she
is an existing member in good standing in a CBP trusted traveler
program or that he or she has submitted an application to a CBP trusted
traveler program (indicating that CBP will verify that the individual
is a trusted traveler); that he or she is either a bona fide U.S.
business person engaged in business in the APEC region or a U.S.
Government official actively engaged in APEC business; and that he or
she is not a professional athlete, news correspondent, entertainer,
musician, artist or person engaged in a similar occupation. The
applicant must also provide a signature that will appear on the U.S.
ABTC. CBP will collect the applicant's signature at a CBP trusted
traveler enrollment center. The locations of enrollment centers are
specified at https://globalentry.gov/enrollmentcenters2.html. The
applicant must schedule an appointment at any enrollment center so that
CBP can collect the signature. The collection will be performed by the
applicant signing an electronic signature pad.
If the applicant is concurrently applying for NEXUS, SENTRI or
Global Entry, an in-person interview with a CBP officer and vetting of
the application is required as part of the CBP trusted traveler
enrollment process. If the applicant is already a member of the CBP
trusted traveler program and wishes to apply for a U.S. ABTC, he or she
would select the U.S. ABTC option on GOES as an add-on, provide the
self-certification, and pay the associated U.S. ABTC non-refundable
fee. In such case, no additional interview is necessary. However, the
applicant would still need to go to any enrollment center for the
signature collection.
Each applicant must pay a non-refundable fee to be paid to CBP at
the time of application through the Federal Government's on-line
payment system, Pay.gov or another CBP-approved process. DHS has
determined that the U.S. ABTC fee is $70. This fee calculation is
described in Section II.E. below entitled ``Payment of U.S. ABTC Fee.''
This fee is in addition to the CBP trusted traveler program fee. Upon
payment of the U.S. ABTC fee (and any applicable Global Entry, NEXUS or
SENTRI fee), CBP will process the U.S. ABTC application concurrently
with the CBP trusted traveler membership application. If the applicant
is already a member of a CBP trusted traveler program, the applicant
will only need to pay the U.S. ABTC fee.
If the applicant is accepted into the U.S. ABTC Program, CBP will
update the applicant's GOES account to reflect this and issue the U.S.
ABTC by mail to the mailing address that was provided on the
application. CBP will mail the U.S. ABTC to any U.S. or international
address provided (with the exception of P.O. Boxes).
6. Validity Period
The U.S. ABTC is valid for three years or until the expiration date
of the card holder's passport if that is earlier, provided
participation is not suspended or revoked by CBP prior to the end of
this period. If the card holder's passport expires prior to the general
three year validity period then CBP will issue the U.S. ABTC with a
shorter validity period that matches the passport expiration date. CBP
can revoke membership if the card holder is no longer a member of a CBP
trusted traveler program. CBP will notify an individual of any changes
to their U.S. ABTC membership by an electronic letter sent through the
individual's GOES account. The letter will explain the reason(s) for
the change.
Each U.S. ABTC holder may apply to renew participation prior to the
close of the validity period. In accordance with the APEC Act, DHS will
not issue any new U.S. ABTCs or renew any U.S. ABTCs after September
30, 2018. In order to renew, the participant must submit a new U.S.
ABTC application, pay the U.S. ABTC fee and meet all the eligibility
criteria including maintaining active membership in a CBP trusted
traveler program. If a U.S. ABTC holder does not renew his or her U.S.
ABTC or is no longer eligible for the U.S. ABTC, this does not affect
his or her membership in a CBP trusted traveler program. That person
would still be considered a full participant in the CBP trusted
traveler program for the remaining period of membership. However, as
noted above, active membership in the CBP trusted traveler program is
necessary for the entire duration of the U.S. ABTC. Membership in a CBP
trusted traveler program may be suspended or revoked at any time if the
individual is not compliant with the program requirements.\14\
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\14\ See 8 CFR 235.12 for the specific suspension or revocation
grounds.
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7. Expedited Entry Privileges
U.S. ABTCs will enable access to a dedicated fast-track lane for
expedited immigration processing at airports in foreign APEC member
economies. As a member of a U.S. CBP trusted traveler program, U.S.
ABTC holders may also utilize the Global Entry kiosks at participating
airports upon their return to the United States.
8. Entry Requirements
U.S. ABTC holders must present any travel or identity
documentation, such as a passport and visa, required by the foreign
APEC members. If a U.S. ABTC holder does not conform to the visa,
passport or entry requirements mandated by the foreign economy, the
card holder may be directed to another lane or be refused entry. It is
not expected that foreign APEC members will recognize the U.S. ABTC in
lieu of a visa. Therefore, U.S. ABTC holders are still required to
obtain visas (where applicable) to visit the 20 foreign APEC members.
It is suggested that U.S. ABTC holders check the travel requirements of
the APEC member economy to which they are traveling immediately before
their travel.
9. Denial, Removal and Suspension
This rule sets forth the notification procedures for an applicant
who is denied a U.S. ABTC, and lists the reasons that a U.S. ABTC
holder may be suspended or removed from the U.S. ABTC Program. If a
U.S. ABTC
[[Page 27166]]
applicant is denied a U.S. ABTC, CBP will notify the applicant of the
denial, the reasons for the denial and provide instructions on the
redress methods. Membership in the U.S. ABTC Program may be suspended
or revoked at any time if the individual is not compliant with the
program requirements. Under this rule, a U.S. ABTC holder may be
suspended or removed from the program if he or she provided false
information in the application and/or during the application process,
failed to follow the terms, conditions, and requirements of the
program, or has been arrested or convicted of a crime or otherwise no
longer meets the program eligibility criteria.
A U.S. ABTC applicant or U.S. ABTC holder whose application is
denied or whose card is suspended or revoked will not receive a refund,
in whole or in part, of the U.S. ABTC fee.
10. Redress Procedures
An applicant whose application is denied or whose participation is
suspended or terminated has two possible methods for redress. The
applicant may contest the termination, suspension or denial by writing
to the enrollment center where the applicant's CBP trusted traveler
program interview was conducted. If the U.S. ABTC applicant is already
a member of a CBP trusted traveler program and wishes to contest the
termination, suspension or denial of the U.S. ABTC, the applicant may
write to the enrollment center where the applicant provided their
signature for the U.S. ABTC. The second method of redress for any
applicant is the CBP Trusted Traveler Ombudsman. The regulation below
describes these procedures in detail. These processes do not create or
confer any legal right, privilege or benefit, and are wholly
discretionary on the part of CBP. These same redress procedures are
available for the CBP trusted traveler programs.\15\
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\15\ See 8 CFR 235.12. See also https://www.globalentry.gov/nexus.html, and https://www.globalentry.gov/sentri.html. Another
redress procedure, DHS Traveler Redress Inquiry Program (DHS TRIP),
is available for Global Entry. This method of redress is not
available for the U.S. ABTC Program.
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11. Duration of U.S. ABTC Program
The APEC Act authorizes the Secretary to issue U.S. ABTCs only
through September 30, 2018. Unless the law is amended to extend that
date, DHS will not issue any new U.S. ABTCs or renew any U.S. ABTCs
after September 30, 2018. More information about the deadlines for
applying to the U.S. ABTC Program before DHS ceases the issuance of new
U.S. ABTCs or renewals of U.S. ABTCs will be available at https://www.globalentry.gov. U.S. ABTC holders will retain their membership in
the U.S. ABTC Program for the full validity period (even if that is
after September 30, 2018) unless the membership is suspended or
revoked. Unless the law is amended to extend the duration of the U.S.
ABTC Program, all U.S. ABTCs will expire by September 29, 2021.
D. Payment of U.S. ABTC Fee
The APEC Act authorizes DHS to collect a fee for the issuance of a
U.S. ABTC that is sufficient to offset the direct and indirect costs of
the program including the costs associated with establishing the
program. CBP conducted a fee study to determine the yearly costs of the
program and the cost to establish the program for all relevant
parties.\16\ As described in the fee study, pursuant to an arrangement
with Canada, DHS will also be printing Canadian ABTCs for Canadian
citizens and will be collecting (and retaining) the fee from those
applicants. The fee study is based on the estimated number of U.S. and
Canadian ABTC applicants. U.S. and Canadian citizens will pay the same
fee for an ABTC. The Canadian ABTC fee will be collected and retained
by the United States to cover the direct and indirect costs associated
with the required information technology infrastructure, including the
printing of the cards. This arrangement lowers the fee for both U.S.
and Canadian ABTC applicants compared to what the fee would be if each
country had to build its own information technology infrastructure and
print its own cards. A Canadian citizen must be a member of NEXUS and
apply for a Canadian ABTC through CBP's GOES Web site.\17\
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\16\ This fee study entitled ``Asia-Pacific Economic Cooperation
Business Travel Card Fee Study'' is posted on the docket as
supplemental materials on www.regulations.gov.
\17\ Canada will determine whether the Canadian ABTC applicant
qualifies for a Canadian ABTC.
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DHS has determined that a fee of $70 is necessary to recover the
costs associated with the U.S. ABTC Program. As shown in Table 1 below,
these costs include the issuance of ABTC cards and the information
technology infrastructure costs, initial and recurring, required to run
the U.S. ABTC Program.
Table 1
------------------------------------------------------------------------
ABTC Enrollee
costs
------------------------------------------------------------------------
IT costs.............................................. $61
ABTC card cost........................................ 9
------------------------------------------------------------------------
Total Cost........................................ 70
------------------------------------------------------------------------
CBP is amending 8 CFR 103.7(b)(1)(ii)(N) to reflect this fee. As
described in 8 CFR 235.13(c)(5), this non-refundable fee is paid to CBP
at the time of the application through the Federal Government's on-line
payment system, Pay.gov or other CBP-approved process. The current
system is Pay.gov. Pay.gov is a system by which parties can make secure
electronic payments to many Federal Government agencies.
III. Statutory and Regulatory Requirements
A. Administrative Procedure Act
The Administrative Procedure Act (APA) generally requires agencies
to publish a notice of proposed rulemaking in the Federal Register (5
U.S.C. 553(b)) and provide interested persons the opportunity to submit
comments (5 U.S.C. 553(c)). DHS believes that this interim final rule
is excluded from APA rulemaking requirements as a foreign affairs
function of the United States because it advances the President's
foreign policy goal of facilitating business travel within the APEC
region and allows the United States to fulfill its obligations under
the multilateral APEC agreement. This interim final rule is being
implemented pursuant to the current APEC Framework,\18\ which the
United States and all twenty other APEC members agreed upon in order to
simplify entry procedures within the APEC region. The creation of the
U.S. ABTC Program facilitates U.S. participation in this multi-lateral
international agreement.
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\18\ APEC Framework, Version 17, agreed to on January 30, 2013.
---------------------------------------------------------------------------
In addition, pursuant to 5 U.S.C. 553(b)(B), a notice of proposed
rulemaking is not required if the agency finds good cause to implement
the rule without prior public notice and comment. For the reasons
specified below, DHS also has determined that there is good cause to
publish this rule without prior public notice and comment procedures.
This rule is a nondiscretionary action as the authorizing statute
and the APEC Framework set forth most of the relevant criteria and
considerations for the issuance of the U.S. ABTC and provide DHS with
little discretion about the U.S. ABTC Program. The authorizing statute
specifies eligibility requirements, such as requiring that an applicant
must be
[[Page 27167]]
approved and in good standing in a DHS trusted traveler program,
mandates the cost considerations that must be included in the fee
determination, and sets forth the sunset provision establishing the
duration of the U.S. ABTC Program. The APEC Framework dictates the
standards for the card, the remaining eligibility requirements, and the
validity period. Therefore, DHS had little discretion in determining
who would be eligible for the U.S. ABTC, the conditions for use of the
U.S. ABTC, the fee, the validity period, the duration of the program or
the privileges granted to U.S. ABTC holders. For these reasons, DHS
believes that prior notice and public comment procedure would be
impracticable, unnecessary, and contrary to the public interest.
Although prior notice and comment is not required, DHS is requesting
public comments in this interim final rule and will take into account
public comments received before issuing a final rule.
B. Executive Order 12866 and Executive Order 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the Office of Management and Budget
has reviewed this rule. CBP has prepared the following analysis to help
inform stakeholders of the potential impacts of this interim rule.
1. Synopsis
The interim final rule will establish the U.S. ABTC Program.
Pursuant to the authorizing statute, the Secretary of Homeland Security
is authorized to set a U.S. ABTC Program fee. The statute mandates that
if a fee is established, it must be sufficient to offset the direct and
indirect costs associated with running the U.S. ABTC Program, including
any costs associated with the establishment of the U.S. ABTC Program.
CBP has determined a fee of $70 is necessary to recover the costs of
administering the U.S. ABTC Program.\19\
---------------------------------------------------------------------------
\19\ CBP performed a fee study to determine the yearly costs of
the program and the cost to establish the program for all relevant
parties. This fee study entitled ``Asia-Pacific Economic Cooperation
Business Travel Card Fee Study'' is posted on the docket as
supplemental materials on www.regulations.gov.
---------------------------------------------------------------------------
As shown in Table 2, in addition to the U.S. ABTC fee, U.S. ABTC
applicants will also experience an opportunity cost associated with
obtaining a U.S. ABTC. Because participation in a CBP trusted traveler
program is a prerequisite for obtaining a U.S. ABTC, those who are not
currently members of such a program will need to concurrently apply for
a U.S. ABTC and a CBP trusted traveler program and pay the applicable
fees. CBP assumes that those not currently in a trusted traveler
program will choose Global Entry because it, like the U.S. ABTC,
provides expedited clearance in the air environment. The fee for Global
Entry is currently $100. We estimate the opportunity cost to obtain a
U.S. ABTC for those who are already members of a CBP trusted traveler
program to be $67.00. We estimate the opportunity cost to obtain a U.S.
ABTC for those who are not members of a CBP trusted traveler program to
be $95.52.
The total cost of obtaining a U.S. ABTC will range from $137 for
U.S. ABTC applicants who are currently in a CBP trusted traveler
program to $266 for U.S. ABTC applicants who are not currently in a CBP
trusted traveler program. We will provide additional detail into these
estimates later in the analysis. The U.S. ABTC Program is a voluntary
program that enables card holders access to fast-track immigration
lanes at airports in the 20 foreign APEC member economies. CBP
estimates that U.S. ABTC holders will experience a time savings of
approximately 43 minutes when clearing foreign immigration services
using the fast-track immigration lanes. As the U.S. ABTC program is
voluntary, the perceived benefits of reduced wait time have to equal or
exceed the cost of the program over three years (validity period of the
U.S. ABTC) for potential enrollees to determine whether the program is
worthwhile. As shown in Table 2, the total cost of obtaining a U.S.
ABTC will range from $137 for U.S. ABTC applicants who are currently in
a CBP trusted traveler program to $266 for U.S. ABTC applicants who are
not currently in a CBP trusted traveler program. As discussed below in
further detail, CBP estimates that a U.S ABTC applicant who is
currently enrolled in a CBP trusted traveler program will need to take
a minimum of 4 trips for the benefits of the U.S. ABTC Program to
exceed the cost associated with joining the program. Additionally, CBP
estimates that a U.S. ABTC applicant who is not currently a CBP trusted
traveler member will need to take a minimum of 6 round trips between
the United States and an APEC economy in order for the benefits of the
U.S. ABTC Program to exceed the cost associated with joining the
program.
Table 2--Total Cost By Applicant Type
----------------------------------------------------------------------------------------------------------------
Applicant type Cost category Initial costs Renewal costs
----------------------------------------------------------------------------------------------------------------
U.S. ABTC Applicants not Currently in a U.S. ABTC Fee............. $70 $70
CBP Trusted Traveler Program.
Global Entry Fee\*\....... $100 $0
U.S. ABTC and Global Entry $95.52 (1.67 hrs) $66.92 (1.17 hr)
Opportunity Cost [dagger].
�����������������������������������������
Total (rounded to $266 $137
nearest $1).
U.S. ABTC Applicants Currently in a CBP U.S. ABTC Fee............. $70 $70
Trusted Traveler Program.
Global Entry Fee\*\....... n/a n/a
[[Page 27168]]
U.S. ABTC Opportunity Cost $66.92 (1.17 hr) $66.92 (1.17 hr)
[dagger].
�����������������������������������������
Total (rounded to $137 $137
nearest $1).
----------------------------------------------------------------------------------------------------------------
* CBP anticipates that those U.S. ABTC applicants who must choose a CBP trusted traveler program when applying
for the U.S. ABTC will choose to join Global Entry because, like the U.S. ABTC, Global Entry provides
expedited clearance in the air environment.
[dagger] This value is based off the Department of Transportation's guidance regarding the valuation of travel
time for business travelers. ``The Value of Travel Time Savings: Departmental Guidance for Conducting Economic
Evaluations Revision 2. (See Table 4. Available at https://www.dot.gov/sites/dot.dev/files/docs/vot_guidance_092811c.pdf.)
Note: There are two categories of U.S. ABTC applicants; those who are already part of a CBP trusted traveler
program and those who are not. CBP does not account for the cost of joining a CBP trusted traveler program for
those applicants who are already current members of a CBP trusted traveler program. These applicants have
already, independent of any decision to join the U.S. ABTC Program, determined that the benefits of a CBP
trusted traveler program outweigh the costs associated with the program they have chosen to join.
2. Background
The U.S. ABTC Program is a voluntary program that allows U.S.
citizens with U.S. ABTCs to use fast-track immigration lanes at
airports in the 20 foreign APEC member economies.\20\ In order to be
eligible for a U.S. ABTC, a U.S. citizen is required to be a bona fide
business person engaged in business in the APEC region or a U.S.
Government official actively engaged in APEC business.\21\
Additionally, the U.S. ABTC applicant must be a member in good standing
of a CBP trusted traveler program or approved for membership in a CBP
trusted traveler program during the U.S. ABTC application process. U.S.
ABTC applicants who are not already CBP trusted traveler program
members, must also apply for membership to a CBP trusted traveler
program with their U.S. ABTC application.\22\ Although membership in
the CBP trusted traveler programs is valid for five years, the U.S.
ABTC is only valid for three years or until the expiration date of the
card holder's passport if that is earlier. Similar to the CBP trusted
traveler programs, a U.S. ABTC holder will be required to renew his or
her membership, prior to expiration, in order to continue receiving the
ability to use the APEC fast-track immigration lanes.
---------------------------------------------------------------------------
\20\ At this time, U.S. citizens will not realize all the
benefits a citizen from a fully participating member will realize.
For a description of the benefits available to a citizen of a fully
participating member, please see above for section II. B, ``The APEC
Business Travel Card Program.''
\21\ The ABTC may only be used by a bona fide business person
engaged in business in the APEC region or a U.S. Government official
actively engaged in APEC business. The card holder must be traveling
solely for business purposes in the foreign APEC economy and not
engaging in paid employment in the foreign APEC economy. ``APEC
business'' means U.S. government activities that support the work of
APEC. A ``bona fide business person engaged in business in the APEC
region'' means a person engaged in the trade of goods, the provision
of services or the conduct of investment activities in the APEC
region. Professional athletes, news correspondents, entertainers,
musicians, artists or persons engaged in similar occupations are not
considered to be bona fide business travelers engaged in business in
the APEC region.
\22\ Applicants must be participants in any of the three
qualified CBP trusted traveler programs: Global Entry, SENTRI, and
NEXUS. A U.S. ABTC applicant has the choice of either applying for a
CBP trusted traveler program first and then separately applying for
a U.S. ABTC or concurrently applying for both. We note that both
fees are non-refundable, so it is possible that an applicant may
choose to apply for the programs separately so that if they are
denied membership in a CBP trusted traveler program, they do not
need to pay the $70 fee for the U.S. ABTC Program. If an applicant
chooses to apply for a CBP trusted traveler program and separately
apply for a U.S. ABTC then the applicant will experience an
additional opportunity cost of 70 minutes (10 minutes to apply for a
U.S. ABTC and one hour to travel to and from an enrollment center).
Using the estimated value of time for a business traveler ($57.20),
this is a monetized opportunity cost of approximately $66.92. In
order for U.S. ABTC applicants to be better off applying separately,
they must believe that they have at least a 96 percent chance of
being denied membership in a CBP trusted traveler program. The
actual denial rate for CBP trusted traveler programs is
approximately three percent, according to CBP's Office of Field
Operations. Therefore, for the purposes of this analysis, CBP
assumes that a U.S. ABTC applicant who is not currently a member of
a CBP trusted traveler program will concurrently apply for a CBP
trusted traveler program and a U.S. ABTC.
---------------------------------------------------------------------------
3. U.S. ABTC Applicant Categories
There are two categories of U.S. ABTC applicants who we discuss
separately in this analysis: those who are already part of a CBP
trusted traveler program and those who are not. This is necessary
because those applicants who are not already part of a CBP trusted
traveler program will bear the additional opportunity cost and fee
associated with applying for a CBP trusted traveler program in order to
be eligible for a U.S. ABTC.
a. U.S ABTC Applicants Who Are Currently Members of a CBP Trusted
Traveler Program
If a U.S. ABTC applicant is already a member of a CBP trusted
traveler program, the applicant will have to apply for a U.S. ABTC by
self-certifying, via the GOES Web site, that he or she is an existing
member in good standing in a CBP trusted traveler program, that he or
she is either a bona fide U.S. business person engaged in business in
the APEC region or a U.S. Government official actively engaged in APEC
business and that he or she is not a professional athlete, news
correspondent, entertainer, musician, artist or person engaged in a
similar occupation. In addition to the self-certification, the U.S.
ABTC applicant will also be required to schedule an appointment at an
enrollment center in order for his or her signature to be digitally
captured for the U.S. ABTC. CBP estimates that U.S. ABTC applicants
will experience an opportunity cost of 10 minutes to complete the U.S.
ABTC self-certification, schedule an appointment at an enrollment
center, and have their signature digitally captured. As described in
the Global Entry final rule,\23\ CBP estimated Global Entry applicants
would experience an opportunity cost of one hour in to order to travel
to an enrollment center for an interview and return home. CBP
anticipates that U.S. ABTC applicants who are current members of a CBP
trusted traveler program will experience a similar opportunity cost to
travel to and from an enrollment center as do Global Entry applicants.
For the purposes of this rule, CBP does not account for the cost of
joining a CBP trusted traveler program for those applicants that are
already current members of a CBP trusted traveler program. These
applicants have already, independent of any decision to join the U.S.
ABTC Program, determined that the benefits of a CBP trusted traveler
program outweigh the costs associated with the program they have chosen
to join. To account for these costs and benefits in this rule would
double count those costs and benefits as those are the impacts of the
trusted traveler program, not of the U.S. ABTC Program.
---------------------------------------------------------------------------
\23\ 77 FR 5681, February 6, 2012.
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[[Page 27169]]
b. U.S ABTC Applicants Who Are Not Currently Members of a CBP Trusted
Traveler Program
An applicant who is not already a member of a CBP trusted traveler
program will be required to apply for a U.S. ABTC and a CBP trusted
traveler program and self-certify that he or she has submitted an
application to a CBP trusted traveler program, that he or she is either
a bona fide U.S. business person engaged in business in the APEC region
or a U.S. Government official actively engaged in APEC business and
that he or she is not a professional athlete, news correspondent,
entertainer, musician, artist or person engaged in a similar
occupation. Because these applicants would not have joined a CBP
trusted traveler program if not for the U.S. ABTC Program, we include
the costs and benefits of joining these programs in this analysis.
CBP anticipates that those U.S. ABTC applicants who must choose a
CBP trusted traveler program when applying for the ABTC will choose to
join Global Entry because, like the U.S. ABTC, Global Entry provides
expedited clearance in the air environment. As described in the Global
Entry final rule, CBP estimates a Global Entry applicant will
experience an opportunity cost of 40 minutes in order to complete the
Global Entry application in GOES.\24\ When concurrently applying for a
U.S. ABTC and Global Entry, CBP anticipates the U.S. ABTC applicant
will be able to complete the Global Entry application and the U.S. ABTC
self-certification, and have their signature digitally captured in the
40 minutes estimated for the Global Entry application.\25\ In addition
to the application and self-certification in GOES, the U.S. ABTC
applicant concurrently applying for a U.S. ABTC and Global Entry will
be required to schedule an appointment at an enrollment center to
receive an interview for Global Entry and have his or her signature
digitally captured for a U.S. ABTC. As described in the Global Entry
final rule, CBP estimated Global Entry applicants would experience an
opportunity cost of one hour in order to travel to an enrollment center
for an interview and return home.\26\
---------------------------------------------------------------------------
\24\ 77 FR 5681 (Feb. 6, 2012).
\25\ As described above, the self-certification only entails
certifying in GOES that the U.S. ABTC applicant is an existing
member in good standing in a CBP trusted traveler program or that he
or she has submitted an application to a CBP trusted traveler
program, that he or she is either a bona fide U.S. business person
engaged in business in the APEC region or a U.S. Government official
actively engaged in APEC business and that he or she is not a
professional athlete, news correspondent, entertainer, musician,
artist or person engaged in a similar occupation.
\26\ 77 FR 5681 (Feb. 6, 2012).
---------------------------------------------------------------------------
4. Number of U.S. ABTC Applicants
The National Center for Asia-Pacific Economic Cooperation (NCAPEC)
\27\ estimates that 10,500 to 15,000 U.S. citizens will enroll in the
U.S. ABTC Program within the first three years of the program. Using
the NCAPEC estimate, CBP estimates that 12,750, or the average of the
lower and upper bound NCAPEC estimate, will enroll in the U.S. ABTC
Program within the first three years of the program starting.\28\ CBP
seeks comment on this estimate.
---------------------------------------------------------------------------
\27\ NCAPEC is a U.S. business association focused on
facilitating the private sector input into the APEC process.
\28\ See https://csis.org/publication/why-us-approval-apec-business-travel-card-matters.
---------------------------------------------------------------------------
CBP subject matter experts anticipate that most U.S. ABTC
applicants will apply for a U.S. ABTC in the first year and that
applications will gradually diminish over the following two years. As
such, CBP has weighted each year's U.S. ABTC applicants using the sum-
of-years' digits method. Typically used for the depreciation of assets,
this weighting method provides an efficient and unbiased method to
gradually diminish projected new ABTC enrollees over the first three
operating years of the U.S. ABTC Program, to total 12,750 U.S.
enrollments over the three year period. Furthermore, CBP estimates that
each initial U.S. ABTC enrollment will be renewed upon the expiration
of its three year validation period. It is possible, however, that the
initial enrollee will change to a job function that does not require
conducting APEC business.\29\ In these cases, CBP assumes that the
individual's replacement in that position will enroll in the U.S. ABTC
Program, in lieu of the original enrollee, in order to benefit from the
expedited immigration process while visiting APEC member economies.
Table 3 presents our projected ABTC enrollments during the period of
analysis. For simplicity of the analysis, CBP counts both the original
U.S. ABTC holder who renews and any replacement applicants, if
applicable, as a renewal in Table 3. For the purposes of this analysis,
we will assume CBP starts processing U.S. ABTC enrollments in Fiscal
Year (FY) 2013 and no new U.S. ABTCs will be issued after the end of FY
2018. Enrollments are not forecasted further because the statute
authorizing the U.S. ABTC expires in FY 2018 unless Congress authorizes
an extension.
---------------------------------------------------------------------------
\29\ Thus, this enrollee would no longer be eligible for an
ABTC.
\30\ Although the accompanying U.S. ABTC Fee Study includes an
additional 5,000 Canadian enrollments for whom CBP will provide
ABTCs, as these enrollees are not members of the U.S. ABTC Program
and CBP is reimbursed for the costs of processing their
applications, we exclude them from this analysis.
Table 3
----------------------------------------------------------------------------------------------------------------
Projected U.S. ABTC enrollments \30\
Fiscal Year --------------------------------------------------------------------------
Initial Renewals Total
----------------------------------------------------------------------------------------------------------------
2013................................. 6,375 ....................... 6,375
2014................................. 4,250 ....................... 4,250
2015................................. 2,125 ....................... 2,125
2016................................. ....................... 6,375 6,375
2017................................. ....................... 4,250 4,250
2018................................. ....................... 2,125 2,125
--------------------------------------------------------------------------
Total............................ 12,750 12,750 25,500
----------------------------------------------------------------------------------------------------------------
As discussed above, U.S. ABTC applicants will either be current
members of a CBP trusted traveler program or will be required to
concurrently apply for a U.S. ABTC and a CBP trusted traveler program.
CBP subject matter experts anticipate that half of the U.S. ABTC
applicants will not be current members of a CBP trusted traveler
program. In an effort to mitigate the possibility of over- or under-
estimating the number of U.S. ABTC
[[Page 27170]]
applicants required to concurrently apply to a CBP trusted traveler
program, however, CBP has provided a sensitivity analysis in Table 4
reflecting varying percentages of U.S. ABTC applicants who are not
current members of a CBP trusted traveler program.
Table 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
Percent of projected ABTC enrollees not currently in a Trusted Traveler
Initial projected ABTC Program \31\
Fiscal year enrollments from Table --------------------------------------------------------------------------
3 Low 25% Primary 50% High 75%
--------------------------------------------------------------------------------------------------------------------------------------------------------
2013................................................ 6,375 1,594 3,188 4,781
2014................................................ 4,250 1,063 2,125 3,188
2015................................................ 2,125 531 1,063 1,594
2016................................................ ....................... ....................... ....................... .......................
2017................................................ ....................... ....................... ....................... .......................
2018................................................ ....................... ....................... ....................... .......................
---------------------------------------------------------------------------------------------------
Total........................................... 12,750 3,188 6,376 9,563
--------------------------------------------------------------------------------------------------------------------------------------------------------
5. Cost
CBP has determined that a fee of $70 is necessary to recover the
costs associated with the U.S. ABTC Program. These costs include the
cost to issue the U.S. ABTCs and the information technology
infrastructure costs, initial and recurring, required to run the U.S.
ABTC Program.\32\
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\31\ Although the accompanying U.S. ABTC Fee Study includes an
additional 5,000 Canadian enrollments for whom CBP will provide
ABTCs, as these enrollees are not members of the U.S. ABTC Program
and CBP is reimbursed for the costs of processing their
applications, we exclude them from this analysis.
\32\ CBP performed a fee study to determine the yearly costs of
the program and the cost to establish the program for all relevant
parties. This fee study entitled ``Asia-Pacific Economic Cooperation
Business Travel Card Fee Study'' is posted on the docket as
supplemental materials on www.regulations.gov.
---------------------------------------------------------------------------
In addition to the U.S. ABTC fee, U.S. ABTC applicants will also
experience an opportunity cost associated with obtaining a U.S. ABTC.
As discussed above, CBP estimates U.S. ABTC applicants who are
currently members of a CBP trusted traveler program will experience a
one hour and 10 minute opportunity cost while U.S. ABTC applicants who
are not members of a CBP trusted traveler program will experience a one
hour and 40 minute opportunity cost. Additionally, U.S. ABTC applicants
who are not members of a CBP trusted traveler program will also be
required to pay the $100 fee associated with the Global Entry
program.\33\
---------------------------------------------------------------------------
\33\ As discussed above, CBP anticipates U.S. ABTC applicants
not currently members of a CBP trusted traveler program will join
the Global Entry program.
---------------------------------------------------------------------------
The Department of Transportation's (DOT) guidance regarding the
valuation of travel time for air passengers estimates a business
traveler's value to be $57.20 per hour.\34\ Using this estimate, the
opportunity cost and fee described above, CBP estimates that it will
cost a U.S. ABTC applicant who is currently a CBP trusted traveler
program member approximately $137 to join the U.S. ABTC program ($57.20
x 1.17 hours = $66.92; $66.92 + $70 U.S. ABTC fee = $136.92).\35\ For
U.S. ABTC applicants who are not currently members of a CBP trusted
traveler program, CBP estimates that it will cost approximately $266 to
join the U.S. ABTC Program ($57.20 x 1.67 hours = $95.52; $95.52 + $100
Global Entry program fee + $70 U.S. ABTC fee = $265.52).\36\
---------------------------------------------------------------------------
\34\ ``The Value of Travel Time Savings: Departmental Guidance
for Conducting Economic Evaluations Revision 2 see Table 4),
available at https://www.dot.gov/sites/dot.dev/files/docs/vot_guidance_092811c.pdf.
\35\ CBP estimates that U.S. ABTC applicants who are currently
in a CBP trusted traveler program will experience an opportunity
cost of 10 minutes to complete a self-certification, schedule an
appointment at an enrollment center, and have their signature
digitally captured. Additionally, CBP estimates these applicants
will experience an opportunity cost of 60 minutes to travel to and
from an enrollment center in order to have their signature digitally
captured. In total, CBP estimates U.S. ABTC applicants who are
currently members of a CBP trusted traveler program will experience
an opportunity cost of 70 minutes, or 1.17 hours (70 minutes / 60
minutes = 1.17 hours).
\36\ CBP estimates that U.S. ABTC applicants who are not
currently in a CBP trusted traveler program will experience an
opportunity cost of 40 minutes in order to complete the Global Entry
application and the U.S. ABTC self-certification. Additionally, CBP
estimates these applicants will experience an opportunity cost of 60
minutes in order to complete the interview for Global Entry and have
their signature digitally captured for their U.S. ABTC. In total,
CBP estimates U.S. ABTC applicants who are not currently members of
a CBP trusted traveler program will experience an opportunity cost
of 100 minutes, or 1.67 hours (100 minutes / 60 minutes = 1.67
hours).
---------------------------------------------------------------------------
Due to the different membership periods for the CBP trusted
traveler programs (five years) and the U.S. ABTC (three years), CBP
notes that U.S. ABTC applicants who join a CBP trusted traveler program
exclusively for the ability to obtain a U.S. ABTC and have renewed
their U.S. ABTC (for a total of 6 years membership) will also incur the
opportunity cost and fee associated with the Global Entry program when
their Global Entry membership expires prior to their U.S. ABTC
expiration date. CBP estimates that it will cost approximately $196 to
renew a Global Entry membership in order to maintain a U.S. ABTC
($57.20 x 1.67 hours = $95.52; $95.52 + $100 Global Entry program fee =
$195.52 The total present value cost of this rule, as shown in Table 5
below, will range from approximately $3.7 million to $5.3 million over
a six-year period of analysis. The total annualized cost of this rule,
using either a seven-percent or three-percent discount rate, will range
from $0.7 million to 1.0 million.
[[Page 27171]]
Table 5--U.S. ABTC Applicants Not Currently in a CBP Trusted Traveler Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Projected U.S. ABTC enrollments U.S. ABTC applicants not U.S. ABTC applicants requiring Total Cost (B x $266) + (C x $196)
(A) currently in a CBP trusted a 5-year global entry renewal -----------------------------------------
--------------------------------- traveler program (B) = (Initial (C)
Fiscal year A x Percent) ---------------------------------
--------------------------------- Low 25% Primary 50% High 75%
Initial Renewals Total Primary Low 25% Primary High 75%
Low 25% 50% High 75% 50%
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2013............................................... 6,375 ......... 6,375 1,594 3,188 4,781 ......... ......... ......... $424,004 $848,008 $1,271,746
2014............................................... 4,250 ......... 4,250 1,063 2,125 3,188 ......... ......... ......... 282,758 565,250 848,008
2015............................................... 2,125 ......... 2,125 531 1,063 1,594 ......... ......... ......... 141,246 282,758 424,004
2016............................................... ......... 6,375 6,375 ......... ......... ......... ......... ......... ......... ............ ............ ............
2017............................................... ......... 4,250 4,250 ......... ......... ......... ......... ......... ......... ............ ............ ............
2018............................................... ......... 2,125 2,125 ......... ......... ......... 1,594 3,188 4,781 312,424 624,848 937,076
--------------------------------------------------------------------------------------------------------------------------------------------
Subtotal....................................... ......... ......... ......... 3,188 6,376 9,563 1,594 3,188 4,781 1,160,432 2,320,864 3,480,834
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
U.S. ABTC Applicants Currently in a CBP Trusted Traveler Program
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Projected U.S. ABTC enrollments U.S. ABTC applicants currently U.S. ABTC applicants requiring Total cost (D x $137)
(A) in a CBP trusted traveler a 5-year global entry renewal -----------------------------------------
Fiscal year --------------------------------- program (D) = (Total A - B) (E)
------------------------------------------------------------------ Low Primary High
Initial Renewals Total Low Primary High Low Primary High
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2013............................................... 6,375 ......... 6,375 4,781 3,187 1,594 n/a n/a n/a $654,997 $436,619 $218,378
2014............................................... 4,250 ......... 4,250 3,187 2,125 1,062 n/a n/a n/a 436,619 291,125 145,494
2015............................................... 2,125 ......... 2,125 1,594 1,062 531 n/a n/a n/a 218,378 145,494 72,747
2016............................................... ......... 6,375 6,375 6,375 6,375 6,375 n/a n/a n/a 873,375 873,375 873,375
2017............................................... ......... 4,250 4,250 4,250 4,250 4,250 n/a n/a n/a 582,250 582,250 582,250
2018............................................... ......... 2,125 2,125 2,125 2,125 2,125 n/a n/a n/a 291,125 291,125 291,125
--------------------------------------------------------------------------------------------------------------------------------------------
Subtotal....................................... ......... ......... ......... 22,312 19,124 15,937 n/a n/a n/a 3,056,744 2,619,988 2,183,369
--------------------------------------------------------------------------------------------------------------------------------------------
Total...................................... ......... ......... ......... 25,500 25,500 25,500 1,594 3,188 4,781 4,217,176 4,940,852 5,664,203
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
7% present value (2013 dollars)..................................................... ......... ......... ......... ......... ......... ......... 3,652,877 4,269,235 4,885,332
3% present value (2013 dollars)..................................................... ......... ......... ......... ......... ......... ......... 3,953,615 4,626,437 5,298,965
7% annualized....................................................................... ......... ......... ......... ......... ......... ......... 716,223 837,073 957,871
3% annualized....................................................................... ......... ......... ......... ......... ......... ......... 708,570 829,154 949,685
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[[Page 27172]]
6. Benefits
As stated earlier, the U.S. ABTC Program will enable card holders
access to fast-track immigration lanes at airports in the 20 foreign
APEC member economies. Although the ABTC program is new for U.S.
citizens, it is a well-established program for the other APEC member
economies. In an effort to quantify the benefits of the ABTC, APEC
commissioned the report ``Reducing Business Travel Costs: The Success
of APEC's Business Mobility Initiatives'' (APEC Report).\37\ The APEC
Report quantified seven key performance indicators, one of which
quantifies the time savings an ABTC holder receives by using the fast-
track immigration lanes. As shown in Table 6 below, the time savings
each member's ABTC holders receive can vary greatly. CBP believes the
weighted average time savings of approximately 43 minutes is an
appropriate estimate of the time savings a U.S. ABTC holder will
receive when clearing foreign immigration services using the fast-track
immigration lanes.
---------------------------------------------------------------------------
\37\ https://publications.apec.org/publication-detail.php?pub_id=1214.
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As discussed above, the DOT's guidance regarding the valuation of
travel time estimates a business traveler's value to be $57.20 per
hour.\38\ Using this value and the estimated time savings, CBP
estimates each U.S. ABTC holder will save approximately $41 per visit
to an APEC member economy (43 minutes / 60 minutes = 0.72 hours; $57.20
x 0.72 hours = $41.18).
---------------------------------------------------------------------------
\38\ ``The Value of Travel Time Savings: Departmental Guidance
for Conducting Economic Evaluations Revision 2. (See Table 4.
Available at https://ostpxweb.dot.gov/policy/reports/vot_guidance_092811c.pdf).
Table 6--Key Performance Indicator 4--Total Time Savings Clearing Immigration at the Border by ABTC Holders
----------------------------------------------------------------------------------------------------------------
Average time savings/ Total time savings by
Economy ABTC holder (minutes) ABTC Holders (2011) ABTC holders (minutes)
----------------------------------------------------------------------------------------------------------------
Australia............................ 46.52 24,286 1,129,713
Brunei Darussalam.................... 32.81 43 1,411
Chile................................ 49.33 416 20,520
China................................ 38.74 3,895 150,882
Hong Kong China...................... 26.28 10,659 280,137
Indonesia............................ 60.2 1,495 90,003
Japan................................ 51.49 2,541 130,840
South Korea.......................... 43.26 8,422 364,351
Malaysia............................. 66.19 4,140 274,043
Mexico............................... 103.51 185 19,149
New Zealand.......................... 48.11 6,538 314,527
Papua New Guinea..................... 27.03 22 595
Peru................................. 40.78 1,277 52,082
Philippines.......................... 45.22 476 21,525
Singapore............................ 64.15 8,137 522,013
Thailand............................. 28.94 5,564 161,006
Vietnam.............................. 24.29 8,730 212,011
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Total............................ n/a 86,826 3,744,808
--------------------------------------------------------------------------
Weighted Average............. 43.13 n/a n/a
----------------------------------------------------------------------------------------------------------------
Source: Asia-Pacific Economic Cooperation. Reducing Business Travel Costs: The Success of APEC's Business
Mobility Initiatives (2011). https://publications.apec.org/publication-detail.php?pub_id=1214.
7. Net Benefits
Because participation in the U.S. ABTC Program is voluntary, the
perceived benefits of reduced wait time have to equal or exceed the
cost of the program over three years for potential enrollees to
determine whether or not the program is worthwhile. As discussed above,
CBP estimates that each U.S. ABTC holder will save approximately $41
per trip by using the fast-track immigration lanes in foreign APEC
member economies. Although CBP is unable to estimate the number of
trips each individual U.S. ABTC holder will take to an APEC member
economy, based on the estimated savings per trip, as described above,
CBP can estimate the minimum number of trips a U.S. ABTC holder will
have to take over the three year U.S. ABTC validity period for the
benefits of the U.S. ABTC to equal or exceed the costs of obtaining a
U.S. ABTC. CBP notes that this is a voluntary program and that
individuals are likely to participate only if they expect to travel
enough for the savings to offset the cost of obtaining a U.S. ABTC.
CBP estimates a U.S ABTC applicant who is currently enrolled in a
CBP trusted traveler program will need to take a minimum of 4 trips,
over three years, in order for the benefits of the U.S. ABTC Program to
exceed the cost associated with joining the program ($137 U.S. ABTC
opportunity cost and fee / $41 saving per trip = 3.3 trips).
In addition to the $41 savings per trip to an APEC member economy,
CBP estimates a U.S. ABTC applicant who is not currently a CBP trusted
traveler member will also save an additional $7 by using a Global Entry
kiosk for expedited CBP clearance upon returning to the United States
from an APEC economy (7 minutes / 60 minutes = 0.12 hours; 0.12 hours x
$57.20 = $6.86).\39\ CBP estimates a U.S. ABTC applicant who is not
currently a CBP trusted traveler member will need to take a minimum of
6 round trips between the United States and an APEC member economy,
over three years, in order for the benefits of the U.S. ABTC Program to
exceed the cost associated with joining the program ($41 savings + $7
savings = $48 savings; $266 U.S. ABTC and Global Entry opportunity cost
and fees / $48 savings = 5.5).
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\39\ 77 FR 5681 (Feb. 6, 2012).
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C. The Regulatory Flexibility Act
This section examines the impact of the rule on small entities as
required by
[[Page 27173]]
the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), as amended by
the Small Business Regulatory Enforcement and Fairness Act of 1996. A
small entity may be a small business (defined as any independently
owned and operated business not dominant in its field that qualifies as
a small business per the Small Business Act); a small not-for-profit
organization; or a small governmental jurisdiction (locality with fewer
than 50,000 people).
Although this rule regulates people and not businesses, a U.S.
citizen is required to be either a bona fide U.S. business person
engaged in business in the APEC region or a U.S. Government official
actively engaged in APEC business in order to qualify for a U.S.
ABTC.\40\ Therefore, CBP has considered the impact of this rule on
small entities.
---------------------------------------------------------------------------
\40\ The ABTC may only be used by a bona fide business person
engaged in business in the APEC region or a U.S. Government official
actively engaged in APEC business. The card holder must be traveling
solely for business purposes in the foreign APEC economy and not
engaging in paid employment in the foreign APEC economy. ``APEC
business'' means U.S. government activities that support the work of
APEC. A ``bona fide business person engaged in business in the APEC
region'' means a person engaged in the trade of goods, the provision
of services or the conduct of investment activities in the APEC
region. Professional athletes, news correspondents, entertainers,
musicians, artists or persons engaged in similar occupations are not
considered to be bona fide business travelers engaged in business in
the APEC region.
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The U.S. ABTC Program is voluntary and has a cost of approximately
$137 if a U.S. ABTC applicant is a current member of a CBP trusted
traveler program or approximately $266 if a U.S. ABTC applicant must
concurrently apply for a U.S. ABTC and a CBP trusted traveler program.
While the U.S. ABTC applicant will bear the cost associated with
obtaining a U.S. ABTC, a business may voluntarily reimburse the
applicant for the fee and his or her opportunity cost. CBP cannot
estimate the number of small entities that will voluntarily reimburse
its employees. CBP recognizes, however, that it is possible that a
substantial number of small entities will be impacted by this
regulation. However, CBP does not believe a cost of either $137 or
$266, depending on whether a U.S. ABTC applicant is currently enrolled
in a CBP trusted traveler program, constitutes a significant economic
impact. As discussed above, a U.S. ABTC holder will save approximately
43 minutes, or approximately $41, per trip in opportunity costs which
can be put to productive APEC business related use. Additionally, after
approximately 4 or 6 trips to an APEC member economy, the benefits of
an ABTC will exceed the full cost of obtaining a U.S. ABTC (fee +
opportunity cost). CBP also notes that a one-time expense of $137 or
$266, depending on whether the U.S. ABTC applicant is currently
enrolled in a CBP trusted traveler program, is a fraction of the cost
of frequent trans-Pacific travel.
Thus, CBP certifies this regulation will not have a significant
economic impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions are necessary
under the provisions of the Unfunded Mandates Reform Act of 1995.
E. Executive Order 13132
The rule will not have substantial direct effects on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with section 6 of Executive
Order 13132, this rule does not have sufficient federalism implications
to warrant the preparation of a federalism summary impact statement.
F. Paperwork Reduction Act
The collections of information in this document are under review by
OMB in accordance with the requirements of the Paperwork Reduction Act
(44 U.S.C. 3507) under control number 1651-0121. An agency may not
conduct or sponsor, and a person is not required to respond to, a
collection of information unless it displays a valid control number
assigned by OMB. The collections of information in these regulations
are contained in Title 8, Part 235 of the CFR. CBP is revising this
collection by adding new data elements for the U.S. ABTC Program to
GOES. This information is required in order for respondents to
voluntarily apply for this program. CBP will use this information to
verify eligibility in this program. These proposed revisions to OMB
clearance 1651-0121 for the U.S. ABTC Program application will result
in the following estimated increase to the burden hours \41\:
---------------------------------------------------------------------------
\41\ We estimate that a total 4,250 applicants will enroll in
the U.S. ABTC Program each year. However, as described in the 12866
and 13563 section above, half of these applicants will apply
concurrently with a CBP trusted traveler program. Since this is done
by simply checking the U.S. ABTC box and completing the self-
certification there is no additional time burden to apply for the
U.S. ABTC for these applicants. As such, we include only the 2,125
applicants who apply solely for a U.S. ABTC here. The time burden
for those who apply concurrently for a U.S. ABTC and a CBP trusted
traveler program is captured in the 40 minutes for the additional
2,125 Global Entry applicants.
---------------------------------------------------------------------------
Estimated number of respondents annually: 2,125.
Estimated average annual burden per respondent: 10 minutes.
Estimated total annual reporting burden: 361 hours.
CBP also anticipates an increase in the number of Global Entry
applications as a result of the U.S. ABTC Program. This will result in
the following estimated increase to the burden hours:
Global Entry Applications:
Estimated number of respondents annually: 2,125.
Estimated average annual burden per respondent: 40 minutes.
Estimated total annual reporting burden: 1,424 hours.
Comments concerning the collections of information should be
directed to the Office of Management and Budget, Attention: Desk
Officer for U.S. Customs and Border Protection, Department of Homeland
Security, Office of Information and Regulatory Affairs, Washington, DC
20503. A copy should also be sent to the Border Security Regulations
Branch, Regulations and Rulings, U.S. Customs and Border Protection, 90
K Street NE., 10th floor, Washington, DC 20229-1177.
G. Privacy
DHS will ensure that all Privacy Act requirements and policies are
adhered to in the implementation of this rule, and will be updating the
Privacy Act Impact Assessment and System of Records Notice, which will
fully outline processes to ensure compliance with Privacy Act
protections.
H. Signing Authority
The signing authority for this document falls under 19 CFR 0.2(a).
Accordingly, this interim final rule is signed by the Secretary of
Homeland Security.
IV. Authority
This regulation is issued under the authority of 5 U.S.C. 301, 6
U.S.C. 112, 203 and 211, 8 U.S.C. 1103 and 19 U.S.C. 2, 66 and 1624,
and Public Law 112-54.
List of Subjects
8 CFR Part 103
Administrative practice and procedure, Authority delegations
[[Page 27174]]
(Government agencies), Freedom of information, Immigration, Privacy,
Reporting and recordkeeping requirements, Surety bonds.
8 CFR Part 235
Administrative practice and procedure, Aliens, Immigration,
Reporting and recordkeeping requirements.
Amendments to Regulations
For the reasons set forth in this document, 8 CFR parts 103 and 235
are amended as follows:
PART 103--IMMIGRATION BENEFITS; BIOMETRIC REQUIREMENTS;
AVAILABILITY OF RECORDS
0
1. The authority citation for part 103 is revised to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304,
1356, 1365b; 31 U.S.C. 9701; Public Law 107-296, 116 Stat. 2135 (6
U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982
Comp., p.166; 8 CFR part 2; Pub. L. 112-54.
0
2. In Sec. 103.7, paragraph (b)(1)(ii)(N) is added to read as follows:
Sec. 103.7 Fees.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(N) U.S. Asia-Pacific Economic Cooperation (APEC) Business Travel
Card. For filing an application for the card--$70.
* * * * *
PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION
0
3. The authority citation for part 235 is revised to read as follows:
Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant
to E.O. 13323, 69 FR 241, 3 CFR, 2004 Comp., p.278), 1201, 1224,
1225, 1226, 1228, 1365a note, 1365b, 1379, 1731-32; Title VII of
Public Law 110-229; 8 U.S.C. 1185 note (section 7209 of Pub. L. 108-
458); Pub. L. 112-54.
0
4. A new Sec. 235.13 is added to read as follows:
Sec. 235.13 U.S. Asia-Pacific Economic Cooperation Business Travel
Card Program.
(a) Description. The U.S. Asia-Pacific Economic Cooperation (APEC)
Business Travel Card Program is a voluntary program designed to
facilitate travel for bona fide U.S. business persons engaged in
business in the APEC region and U.S. government officials actively
engaged in APEC business within the APEC region. Participants will
receive a U.S. APEC Business Travel Card that will enable them access
to fast-track immigration lanes at participating airports in foreign
APEC member economies. In order to obtain a U.S. APEC Business Travel
Card, an individual must meet the eligibility requirements specified in
this section, apply in advance, pay any requisite fee and be approved
as a card holder. The APEC member economies are identified at https://www.apec.org.
(b) Program eligibility criteria--(1) Eligible individuals. An
individual is eligible for the U.S. APEC Business Travel Card if he or
she is:
(i) A U.S. citizen;
(ii) An existing member in good standing of a CBP trusted traveler
program or approved for membership in a CBP trusted traveler program
during the application process described in paragraph (c) of this
section; and
(iii) A bona fide U.S. business person engaged in business in the
APEC region or U.S. Government official actively engaged in APEC
business.
(A) ``APEC business'' means U.S. government activities that support
the work of APEC.
(B) A ``bona fide business person engaged in business in the APEC
region'' means a person engaged in the trade of goods, the provision of
services, or the conduct of investment activities in the APEC region.
Professional athletes, news correspondents, entertainers, musicians,
artists or persons engaged in similar occupations are not considered to
be bona fide business persons engaged in business in the APEC region.
(2) Conditions regarding the use of the U.S. APEC Business Travel
Card. (i) The U.S. APEC Business Travel Card is not transferable and
may be used only by the U.S. APEC Business Travel Card holder and not
by anyone else including the card holder's spouse or child.
(ii) The U.S. APEC Business Travel Card can be used only if the
card holder is traveling solely for business purposes to a foreign APEC
member economy and is not engaging in paid employment in the foreign
APEC member economy.
(c) Application process. (1) Each applicant must complete and
submit an application electronically through the Global Entry
Enrollment System (GOES) or other applicable process as determined by
CBP. The application and application instructions for the card are
available as an add-on to the CBP trusted traveler application at
www.globalentry.gov.
(2) Each applicant must certify that he or she is an existing
member in good standing in a CBP trusted traveler program or that he or
she has submitted an application to a CBP trusted traveler program;
that he or she is a bona fide U.S. business person engaged in business
in the APEC region or U.S. Government official actively engaged in APEC
business; and, that he or she is not a professional athlete, news
correspondent, entertainer, musician, artist or person engaged in a
similar occupation.
(3) Each applicant must provide his or her signature so that the
signature will appear on the face of the card.
(4) If the applicant is not a member of a CBP trusted traveler
program, the applicant must concurrently apply for membership in a CBP
trusted traveler program and be approved for such membership.
Applicants for a CBP trusted traveler program must have an in-person
interview, undergo a vetting process and pay the relevant CBP trusted
traveler fee. Active membership in a CBP trusted traveler program is
necessary for the entire duration of the U.S. APEC Business Travel
Card. If membership in the CBP trusted traveler program is set to lapse
before the U.S. APEC Business Travel Card expires, the individual must
renew his or her CBP trusted traveler membership prior to its
expiration date in order to retain membership in the U.S. APEC Business
Travel Card Program.
(5) Each applicant must pay a non-refundable fee in the amount set
forth at 8 CFR 103.7(b)(1)(ii)(N) for ``U.S. Asia-Pacific Economic
Cooperation (APEC) Business Travel Card'' at the time of application.
The fee is to be paid to CBP at the time of application through the
Federal Government's on-line payment system, Pay.gov or other CBP-
approved process.
(6) The U.S. APEC Business Travel Card is valid for a period of 3
years or until the expiration date of the card holder's passport if
that is earlier, provided that membership is not suspended or
terminated by CBP prior to the end of this period. CBP can terminate
use of the U.S. APEC Business Travel Card if the card holder is no
longer a member of a CBP trusted traveler program or if the individual
is not compliant with the program requirements. Each applicant may
apply to renew the card prior to its expiration.
(d) Expedited entry privileges. The U.S. APEC Business Travel Card
will enable card holders access to a dedicated fast-track lane for
expedited immigration processing at participating airports in foreign
APEC member economies.
(e) Entry requirements. U.S. APEC Business Travel Card holders must
present any travel or identity documentation, such as a passport and
visa, required by the foreign APEC member economies.
[[Page 27175]]
(f) Denial, removal and suspension. (1) If an applicant is denied a
U.S. APEC Business Travel Card, CBP will notify the applicant of the
denial, and the reasons for the denial. CBP will also provide
instructions regarding how to proceed if the applicant wishes to seek
additional information as to the reason for the denial.
(2) A U.S. APEC Business Travel Card holder may be suspended or
removed from the U.S. APEC Business Travel Card Program if CBP
determines at its sole discretion that:
(i) The U.S. APEC Business Travel Card holder provided false
information in the application and/or during the application process;
(ii) The U.S. APEC Business Travel Card holder failed to follow the
terms, conditions and requirements of the program (including continued
active membership in a CBP trusted traveler program);
(iii) The U.S. APEC Business Travel Card holder has been arrested
or convicted of a crime or otherwise no longer meets the program
eligibility criteria; or
(iv) Such action is otherwise necessary.
(3) CBP will notify the U.S. APEC Business Travel Card holder of
his or her suspension or removal in writing. Such suspension or removal
is effective immediately.
(4) A U.S. APEC Business Travel Card applicant or a U.S. APEC
Business Travel Card holder who is denied, suspended, or removed will
not receive a refund, in whole or in part, of the application fee.
(g) Redress. An individual whose application is denied or whose
participation is suspended or terminated has two possible methods of
redress. These processes do not create or confer any legal right,
privilege, or benefit on the applicant or participant, and are wholly
discretionary on the part of CBP. The methods of redress are:
(1) Enrollment center. If the applicant or participant applied
concurrently for the U.S. APEC Business Travel Card and a CBP trusted
traveler program, the applicant or participant may contest his or her
denial, suspension or removal by writing to the enrollment center where
that individual's CBP trusted traveler program interview was conducted.
If the applicant or participant was already a member of a CBP trusted
traveler program, the applicant or participant may contest his or her
denial, suspension or removal by writing to the enrollment center where
that individual's signature was collected for the U.S. APEC Business
Travel Card. The enrollment center addresses are available at
www.globalentry.gov, https://www.globalentry.gov/nexus.html and https://www.globalentry.gov/sentri.html. The letter must be received by CBP
within 30 calendar days of the date provided as the date of suspension
or removal. The individual should write on the envelope ``Redress
Request RE: U.S. APEC Business Travel Card.'' The letter should address
any facts or conduct listed in the notification from CBP as
contributing to the denial, suspension or removal and why the applicant
or participant believes the reason for the action is invalid. If the
applicant or participant believes that the denial, suspension or
removal was based upon inaccurate information, the individual should
also include any reasonably available supporting documentation with the
letter. After review, CBP will inform the individual of its redress
decision. If the individual's request for redress is successful, the
individual's eligibility to be a U.S. APEC Business Travel Card holder
will continue immediately.
(2) Ombudsman. Applicants and participants may contest a denial,
suspension or removal by writing to the CBP Trusted Traveler Ombudsman
at the address listed on the Web site www.globalentry.gov.
(h) Duration of U.S. APEC Business Travel Card Program. DHS will
issue U.S. APEC Business Travel Cards through September 30, 2018.
Unless suspended or revoked, U.S. APEC Business Travel Cards issued on
or before September 30, 2018 are valid until their expiration date,
even if the expiration date is after September 30, 2018.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2014-10767 Filed 5-12-14; 8:45 am]
BILLING CODE 9111-14-P
