The U.S. Asia-Pacific Economic Cooperation Business Travel Card Program, 84403-84415 [2016-28177]

Download as PDF Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations 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 removal of the word ‘‘midget’’ should not impact the application of the order or the import regulations, since the word ‘‘midget’’ is redundant and appears in parentheses after the word ‘‘small.’’ Thus, removing the word ‘‘midget’’ has no effect on interpretation of the order or the import regulations; and, therefore, has no effect on handlers or raisin importers. Further, handlers are aware of this rule, which was recommended at two public meetings. Also, a 30-day comment period was provided for in the proposed rule. List of Subjects 7 CFR Part 989 7 CFR Part 999 Dates, Filberts, Food grades and standards, Imports, Nuts, Prunes, Raisins, Reporting and recordkeeping requirements, Walnuts. For the reasons set forth in the preamble, 7 CFR parts 989 and 999 are amended as follows: PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA Authority: 7 U.S.C. 601–674. [Amended] U.S. Customs and Border Protection PART 999—SPECIALTY CROPS; IMPORT REGULATIONS 3. The authority citation for 7 CFR part 999 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 4. Paragraph (b)(1) of § 999.300 is amended by removing ’’ small (midget) sized’’ and adding ‘‘small sized’’ in its place. ■ Jkt 241001 One of APEC’s business facilitation initiatives is the APEC Business Travel Card (ABTC) Program. The operating procedures for the ABTC Program are set out in the APEC Business Travel Card Operating Framework (APEC Framework).2 Under the ABTC Program, APEC members can issue cards to business travelers and senior government officials who meet certain criteria. The cards provide simpler, short-term entry procedures within the APEC region. 8 CFR Parts 103 and 235 B. U.S. Participation in ABTC [Docket No. USCBP–2013–0029; CBP Decision No. 16–20] 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 ABTCs through September 30, 2018 to any eligible person, including business persons and U.S. Government officials actively engaged in APEC business. On May 13, 2014, U.S. Customs and Border Protection (CBP) published an interim final rule (IFR) in the Federal Register (79 FR 27161) amending the DHS regulations to establish the U.S. ABTC Program and an application fee. See 8 CFR 235.13 and 8 CFR 103.7. The IFR became effective on June 12, 2014 and on that date CBP began issuing its own ABTCs (U.S. ABTCs) to qualified U.S. citizens. As provided in the IFR, 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. To participate in the program, an individual must be an existing member, in good standing, of an eligible CBP trusted traveler program or be approved for membership in an eligible CBP trusted traveler program during the U.S. ABTC application process.3 The application process requires the applicant to self-certify that he or she is a bona fide business person who is engaged in the trade of goods, the provision of services or the conduct of investment activities, or is a U.S. Government official actively engaged in RIN 1651–AB01 The U.S. Asia-Pacific Economic Cooperation Business Travel Card Program U.S. Customs and Border Protection; Department of Homeland Security. ACTION: Final rule. AGENCY: This rule adopts as final, with two changes, interim amendments to the Department of Homeland Security’s (DHS) regulations published in the Federal Register on May 13, 2014 establishing the U.S. Asia-Pacific Economic Cooperation (APEC) Business Travel Card Program. The U.S. APEC Business Travel Card Program provides 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. I. Background 2. Paragraph (a) of § 989.702 is amended by removing ‘‘small (midgetsized)’’ and adding ‘‘small sized’’ in its place. ■ mstockstill on DSK3G9T082PROD with RULES DEPARTMENT OF HOMELAND SECURITY This rule is effective December 23, 2016. FOR FURTHER INFORMATION CONTACT: Mr. Garret Conover, Office of Field Operations, (202) 325–4062, Garret.A.Conover@cbp.dhs.gov. 1. The authority citation for 7 CFR part 989 continues to read as follows: 16:26 Nov 22, 2016 BILLING CODE 3410–02–P DATES: ■ VerDate Sep<11>2014 [FR Doc. 2016–28251 Filed 11–22–16; 8:45 am] SUMMARY: Grapes, Marketing agreements, Raisins, Reporting and recordkeeping requirements. § 989.702 Dated: November 18, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. 84403 A. The Asia-Pacific Economic Cooperation Business Travel Card Program 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 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. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 For simplicity, CBP will generally refer to them in the preamble of this document as APEC members. 2 Although participating members intend to follow the operating principles and procedures outlined, the document is not legally binding. The most recent version of the APEC Framework is Version 19, dated July 7, 2015. 3 For purposes of the U.S. ABTC Program, eligible CBP trusted traveler programs include Global Entry, NEXUS, and SENTRI. E:\FR\FM\23NOR1.SGM 23NOR1 84404 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations APEC business. The applicant must also provide a signature, which appears on the face of the U.S. ABTC. CBP collects the applicant’s signature at a CBP trusted traveler enrollment center. Successful applicants receive a U.S. ABTC that enables them to access fasttrack immigration lanes at participating airports in foreign APEC member economies. In order to obtain a U.S. ABTC, an individual must meet the eligibility requirements, apply in advance, pay the requisite fee and be approved as a card holder. Details about the program eligibility criteria, the application process, the fee, the benefits, and other aspects of the program, are set forth in the preamble of the IFR, 8 CFR 235.13, and 8 CFR 103.7. II. Discussion of Comments A. Overview Although the interim regulatory amendments were promulgated without prior public notice and comment procedures pursuant to the foreign affairs exemption in 5 U.S.C. 553(a)(1), the IFR provided for the submission of public comments that would be considered before adopting the interim regulations as a final rule. The prescribed 30-day public comment period closed on June 12, 2014. During this time, CBP received submissions from five commenters. All five commenters were strongly in support of the U.S. ABTC Program and expressed appreciation for the introduction of the program. Nonetheless, the commenters presented ideas for how to improve the program, and one commenter noted that our calculation of a benefit accrued through the U.S. ABTC was inaccurate. CBP has grouped the issues by topic and provides responses below. mstockstill on DSK3G9T082PROD with RULES B. Discussion 1. Overseas Interviews and Signature Collection Comment: All five of the commenters noted that many of the U.S. ABTC applicants will be U.S. business people living and working abroad, who make limited trips to the United States. The commenters asserted that requiring applicants to be physically present in the United States to obtain a U.S. ABTC will reduce the number of applicants and will limit the accessibility of the program. To address these concerns, four of the commenters recommended that CBP conduct enrollment interviews for the CBP trusted traveler programs overseas, and all five of the commenters asked that CBP provide a way for U.S. ABTC signatures to be collected abroad. The commenters suggested several different methods for CBP to conduct VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 enrollment interviews and/or collect signatures overseas, either on a regular basis or intermittently. Their suggestions include having CBP use U.S. embassies or consulates in the Asia-Pacific region, having CBP open a regional office in Asia, or having CBP schedule appointments for interviews and/or signature collections around major U.S. regional business events, such as the annual meeting of the Asia Pacific Council of American Chambers of Commerce. The commenters remarked that conducting enrollment interviews and signature collections overseas would increase the number of applicants for U.S. ABTCs and would allow individuals to obtain a U.S. ABTC more quickly because individuals will not have to wait until they are traveling to the United States to do their interview and provide their signature. Response: CBP appreciates the commenters’ suggestions for alternative arrangements for CBP trusted traveler interviews and ABTC signature collections, but is unable to implement any of them at this time. The personal interview and signature collection process is an integral part of the CBP trusted traveler and U.S. ABTC application processes and these are done at CBP trusted traveler enrollment centers located throughout the United States. CBP does not have the facilities or resources to regularly conduct interviews and collect signatures outside CBP trusted traveler enrollment centers. Furthermore, in order to maintain the integrity of the CBP trusted traveler and ABTC programs, only CBP officers are authorized to conduct interviews, obtain signatures, and approve applications in the Global OnLine Enrollment System (GOES). These functions cannot be delegated to the Department of State or any other entity. While CBP recognizes that some applicants may find it inconvenient to travel to the continental United States for their CBP trusted traveler program interview and U.S. ABTC signature collection, CBP would like to highlight that there are trusted traveler enrollment centers located in Hawaii and Guam. Furthermore, CBP is encouraged by the fact that there has been a steady stream of applicants thus far, indicating that many people have been able to obtain U.S. ABTCs through the current system. As of December 2015, nearly 21,000 applications have been submitted for the U.S. ABTC Program.4 4 Source: Email correspondence with CBP’s Office of Field Operations on February 10, 2016. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 2. Appointment Scheduling for Signature Collection Comment: Two commenters asked CBP to definitively state that an applicant does not need to schedule an appointment for signature collection if the applicant is already a member of a CBP trusted traveler program. Both commenters noted that the FAQs explicitly state that no appointment is necessary while some of the preamble language in the IFR suggests otherwise. Response: Applicants for the U.S. ABTC Program who are already members of a CBP trusted traveler program do not need to schedule an appointment for signature collection. Applicants should be aware, however, that if they arrive at an enrollment center without an appointment, they may have to wait a considerable length of time before a CBP officer is able to process their signature. By scheduling an appointment, applicants can prevent long wait-times and allow for better time management by CBP officers at enrollment centers. As such, although appointments are not necessary, they are encouraged. 3. Benefits of the U.S. ABTC Program Comment: One commenter indicated that the average amount of time a U.S. ABTC holder saves on account of the expedited entry procedures associated with the U.S. ABTC Program is greater than anticipated in the IFR. The commenter noted that the actual benefit to a U.S. ABTC holder is greater than the average calculated time savings of 43 minutes per trip because travelers can save a significant amount of time by arriving at the airport later and by catching flights that they would have otherwise missed if not for the U.S. ABTC Program’s fast-track immigration clearance. Response: 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. To the extent that this estimate understates the time saved by U.S. ABTC holders, the benefits of the rule will be higher. Similarly, to the extent that U.S. ABTC holders are able to catch flights they would have otherwise missed due to lengthy immigration waits, the benefits of this rule will be higher. 4. Self-Certification Comment: One commenter asked that CBP ease the ‘‘manner for determining business travel eligibility’’ by allowing applicants to self-certify their status as a business traveler. E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations Response: The U.S. ABTC Program already allows for such selfcertification. When applying for the U.S. ABTC, an applicant must complete and submit an application electronically through the GOES Web site. During the application process, the applicant is prompted to self-certify that he or she is a bona fide business person who is engaged in the trade of goods, the provision of services or the conduct of investment activities, or is 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. See 8 CFR 235.13(c)(2). mstockstill on DSK3G9T082PROD with RULES III. Conclusion—Regulatory Amendments After careful consideration of the comments received, CBP is adopting the interim regulations published May 13, 2014 as a final rule with the following two changes. First, CBP is changing the validity period of U.S. ABTCs from three years to five years based on revisions in the APEC Framework. Second, CBP is removing all references in the U.S. ABTC regulation to suspension from the program because CBP does not use suspension as a remedial action. Further details about these changes are discussed below. DHS believes that this rule is excluded from APA rulemaking requirements as a foreign affairs function of the United States pursuant to 5 U.S.C. 553(a)(1) 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 intent under the multilateral APEC Framework. Accordingly, these changes are exempt from notice and comment rulemaking generally required under 5 U.S.C. 553. A. Change in Validity Period The IFR provided that 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 terminated by CBP prior to the end of this period. See 8 CFR 235.13(c)(6). However, the IFR noted that any subsequent revisions to the APEC Framework that directly affect the U.S. ABTC may require regulatory changes.5 The most recent version of the APEC Framework (Version 19) extended the 5 Footnote 11 of the IFR states, ‘‘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’’. VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 validity period of ABTCs to ‘‘a maximum period of five years’’. (APEC Framework 3.8.1). The Business Mobility Group (BMG), an APEC working group comprised of representatives from all member economies, is responsible for updating the APEC Framework. The BMG has indicated that the ABTC Program is on a trajectory towards requiring a five-year validity period for all ABTCs. Given the time constraints of some participating members’ domestic procedures, however, the BMG acknowledges that it may take a significant amount of time for some members to be able to comply with this expectation. Accordingly, provision 3.8.1 of the APEC Framework allows for some variability in validity periods while member economies work towards reaching the goal of extending the validity period of new ABTCs to five years. In keeping with the United States’ intent to follow APEC’s operating principles and procedures, CBP is changing the validity period for U.S. ABTCs to five years. Accordingly, CBP is revising 8 CFR 235.13(c)(6) by replacing ‘‘3 years’’ with ‘‘five years’’. Individuals who submit a U.S. ABTC application or renewal request on or after December 23, 2016 will be eligible to receive a U.S. ABTC with a five-year validity period.6 This change in validity period does not apply to current U.S. ABTC holders, whose cards will remain valid only until the date printed on their card, subject to earlier revocation by CBP. CBP notes that this change in validity period will be beneficial to many new U.S. ABTC holders, as they will be able to avail themselves of the program for two additional years. The extension in validity period will also be beneficial to many U.S. ABTC holders in the event that Congress extends the APEC Act.7 Should the U.S. ABTC Program be extended, individuals who apply concurrently for the U.S. ABTC and a CBP trusted traveler program will be able to take advantage of a more streamlined renewal process. Currently, Global Entry, NEXUS, and SENTRI memberships are all valid for a period 6 If the card holder’s passport will expire before the end of the validity period, CBP will issue the U.S. ABTC with a shorter validity period that matches the passport expiration date. See 8 CFR 235.13(c)(6). 7 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, CBP will not issue any new U.S. ABTCs or renew any U.S. ABTCs after September 30, 2018. U.S. ABTC holders will retain their membership in the U.S. ABTC Program for the full validity period (even if the validity period extends past September 30, 2018) unless membership is revoked earlier. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 84405 of five years, whereas the U.S. ABTC Program membership is only valid for three years. Accordingly, individuals who apply for both programs concurrently must renew their U.S. ABTCs after three years, then renew their CBP trusted traveler program membership two years later. By extending the validity period of the U.S. ABTC to five years, these individuals will be able to initiate the renewal process for both programs at the same time. B. Removal of References to Suspension From the Program Although 8 CFR 235.13(f) addresses situations in which an applicant may be suspended or removed from the program, CBP no longer uses suspension as a remedial action. In the event that CBP action is necessary under 8 CFR 235.13, CBP removes the U.S. ABTC holder from the program. Accordingly, CBP is removing all references to ‘‘suspension’’ and ‘‘suspended’’ from § 235.13(f) and from § 235.13 (c), (g), and (h), which also refer to ‘‘suspension’’ and ‘‘suspended’’. This change is also in line with the APEC Framework, which provides for cancellation but not suspension of ABTCs. IV. Statutory and Regulatory Requirements A. Executive Order 13563 and Executive Order 12866 Executive Orders 13563 and 12866 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 is not a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget has not reviewed this rule. CBP has prepared the following analysis to help inform stakeholders of the potential impacts of this final rule. 1. Synopsis This rule adopts as final the interim final rule establishing the U.S. ABTC Program with the following changes: It expands the validity period for new U.S. ABTCs and it removes all references to E:\FR\FM\23NOR1.SGM 23NOR1 84406 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations suspension from the program.8 CBP largely adopts the economic analysis for the U.S. ABTC Program’s IFR for this final rule. However, this final rule analysis incorporates recent changes to the IFR’s U.S. ABTC validity period, applicant projections, application and renewal burdens, and program impacts. Pursuant to the authorizing statute, the Secretary of Homeland Security is authorized to set a U.S. ABTC Program fee. CBP has determined that a $70 fee is necessary to recover its costs of administering the U.S. ABTC Program.9 As shown in Table 1, initial U.S. ABTC applicants incur the $70 U.S. ABTC fee and 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, individuals who are not already members of such a program need to concurrently apply for a U.S. ABTC and a CBP trusted traveler program, and pay the programs’ applicable fees. CBP assumes that individuals not already in a CBP trusted traveler program will choose to join Global Entry because it, like the U.S. ABTC Program, provides expedited clearance in the air environment. The application fee for Global Entry is currently $100.10 CBP estimates the opportunity cost to initially obtain a U.S. ABTC for those who are already members of a CBP trusted traveler program to be $73.69. CBP estimates the opportunity cost to initially obtain a U.S. ABTC for individuals who are not members of a CBP trusted traveler program to be $105.27. Accounting for application fees and opportunity costs, the total cost of initially obtaining a U.S. ABTC ranges from almost $144 for U.S. ABTC applicants who are already in a CBP trusted traveler program to $275 for U.S. ABTC applicants who are not already in a CBP trusted traveler program, as shown in Table 1. Table 1 also shows that the costs to renew U.S. ABTCs are much lower than these initial application costs. CBP will provide additional details about these estimates later in the analysis. The U.S. ABTC Program is a voluntary program that enables card holders to access fast-track immigration lanes at participating airports in the 20 other APEC member economies.11 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.12 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 five years (the new validity period of the U.S. ABTC) for new potential enrollees to determine whether the program is worthwhile. As discussed later in further detail, CBP estimates that a U.S. ABTC applicant who is already enrolled in a CBP trusted traveler program will need to take a minimum of four trips across the U.S. ABTC’s five-year validity period for the benefits of the U.S. ABTC Program to exceed the costs associated with joining the program. Additionally, CBP estimates that a U.S. ABTC applicant who is not already a CBP trusted traveler member will need to take a minimum of six trips between the United States and an APEC economy over the five-year validity period for the benefits of the U.S. ABTC Program to exceed the costs associated with joining the program. Current U.S. ABTC holders will need to take even fewer trips per year for the benefits of renewing their program memberships to outweigh the costs. TABLE 1—TOTAL COST BY APPLICANT TYPE Applicant type Cost category Initial costs Renewal costs U.S. ABTC Applicants Already in a CBP Trusted Traveler Program. U.S. ABTC Fee ..................................................... Global Entry Fee * ................................................. U.S. ABTC Opportunity Cost † ............................. $70 ............................ n/a ............................. $73.69 (1.17 hrs) ....... $70 n/a $10.53 (0.17 hrs) Total (rounded to nearest $1) ................. U.S. ABTC Applicants Not Already in a CBP Trusted Traveler Program. ............................................................................... U.S. ABTC Fee ..................................................... Global Entry Fee * ................................................. U.S. ABTC and Global Entry Opportunity Cost † $144 .......................... $70 ............................ $100 .......................... $105.27 (1.67 hrs) ..... $81 $70 $100 $10.53 (0.17 hrs) Total (rounded to nearest $1) ........................ $275 .......................... $181 * 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 Program, Global Entry provides expedited clearance in the air environment. † This value is based on the U.S. Department of Transportation’s (DOT) guidance regarding the valuation of travel time for business travelers in 2013 U.S. dollars, adjusted to 2017 U.S. dollars using the DOT’s recommended annual growth rate of one percent. Source: U.S. Department of Transportation, Office of Transportation Policy. The Value of Travel Time Savings: Departmental Guidance for Conducting Economic Evaluations Revision 2 (2015 Update). ‘‘Table 4 (Revision 2-corrected): Recommended Hourly Values of Travel Time Savings.’’ 2015. Available at https://www.transportation.gov/sites/dot.gov/files/docs/Revised%20Departmental%20Guidance%20on%20Valuation%20of%20Travel%20Time %20in%20Economic%20Analysis.pdf. Accessed February 16, 2016. Note: There are two categories of U.S. ABTC applicants: Those who are already in a CBP trusted traveler program and those who are not. CBP does not consider the cost of joining a CBP trusted traveler program for those applicants who are already 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. mstockstill on DSK3G9T082PROD with RULES 2. Background The U.S. ABTC Program is a voluntary program that allows U.S. citizens with U.S. ABTCs to access fast8 79 FR 27167, May 13, 2014. 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 9 CBP VerDate Sep<11>2014 17:14 Nov 22, 2016 Jkt 241001 track immigration lanes at participating airports in the 20 other APEC member economies. 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. Additionally, the U.S. ABTC applicant must be a member in good standing of a CBP trusted traveler docket as supplemental materials on www.regulations.gov. 10 8 CFR 103.7. 11 Asia-Pacific Economic Cooperation, ‘‘Member Economies.’’ Available at https://www.apec.org/ About-Us/About-APEC/Member-Economies.aspx. Accessed July 8, 2015. 12 Based on data from Asia-Pacific Economic Cooperation. ‘‘Reducing Business Travel Costs: The Success of APEC’s Business Mobility Initiatives.’’ November 2011. Available at https:// publications.apec.org/publication-detail.php?pub_ id=1214. Accessed May 23, 2012. PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES 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.13 Since the publication of the U.S. ABTC IFR, APEC members (including the United States) endorsed increasing the validity period of the ABTC to ‘‘a maximum period of five years.’’ However, APEC’s BMG has indicated that the ABTC Program is on a trajectory towards requiring a five-year validity period for all ABTCs. In keeping with the United States’ intent to follow APEC’s operating principles and procedures, CBP is changing the validity period for U.S. ABTCs from three years to five years (or until the expiration date of the card holder’s passport if that is earlier) through this rule. With this expansion, the U.S. ABTC’s validity period will now match that of CBP’s trusted traveler programs. Individuals who submit a U.S. ABTC application or renewal request on or after this final rule’s effective date may be eligible to receive a U.S. ABTC with a five-year validity period. If the card holder’s passport will expire before the end of the five-year validity period, CBP will issue the U.S. ABTC with a shorter validity period that matches the passport expiration date. If the card holder’s CBP trusted traveler program membership expires during their U.S. ABTC’s validity period, CBP may revoke the U.S. ABTC since membership in a CBP trusted traveler program is necessary for the entire duration of the U.S. ABTC. This change in validity period does not apply to current U.S. ABTC holders, whose cards will remain valid only until the date printed on their card, subject to earlier revocation by CBP. Similar to CBP trusted traveler programs, a U.S. ABTC holder will be required to renew his or her membership prior to expiration to continue enjoying the benefits of the program. 3. U.S. ABTC Applicant Categories There are two categories of initial U.S. ABTC applicants (i.e., individuals who are not renewing their U.S. ABTC membership) that CBP discusses separately in this analysis: Those who are already part of a CBP trusted traveler program and those who are not. This distinction is necessary because those applicants who are not already part of 13 As stated in the U.S. ABTC IFR, CBP assumes that a U.S. ABTC applicant who is not already a member of a CBP trusted traveler program will concurrently apply for a CBP trusted traveler program and a U.S. ABTC. VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 a CBP trusted traveler program will bear an additional opportunity cost and fee associated with applying for a CBP trusted traveler program to be eligible for a U.S. ABTC. a. U.S. ABTC Applicants Who Are Already Members of a CBP Trusted Traveler Program If an initial 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 selfcertifying, via the GOES Web site, that: He or she is an existing member in good standing in a CBP trusted traveler program; 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 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 pay the U.S. ABTC fee via the GOES Web site and visit a CBP trusted traveler 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, pay the U.S. ABTC fee, and have their signature digitally captured at an enrollment center.14 These applicants will also experience a onehour opportunity cost to travel to and from an enrollment center and wait to have their signature digitally captured. For the purposes of this rule, CBP does not consider the costs or benefits of joining a CBP trusted traveler program as impacts of this rule for those U.S. ABTC Program applicants who are already members of a CBP trusted traveler program. These applicants have previously, 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. They have not chosen to join the U.S. ABTC Program as a direct result of this rule. b. U.S. ABTC Applicants Who Are Not Already Members of a CBP Trusted Traveler Program An initial U.S. ABTC 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 14 80 PO 00000 FR 1650, January 13, 2015. Frm 00019 Fmt 4700 Sfmt 4700 84407 application to a CBP trusted traveler program; 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 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, CBP includes the costs and benefits for these applicants to join these programs in this analysis. CBP anticipates that those initial U.S. ABTC applicants who must choose a CBP trusted traveler program when applying for the U.S. ABTC Program will choose to join Global Entry because, like the U.S. ABTC Program, Global Entry provides expedited clearance in the air environment. As described in the Global Entry final rule, CBP estimates that a Global Entry applicant will experience an opportunity cost of 40 minutes to complete the Global Entry application in GOES.15 When concurrently applying for a U.S. ABTC and Global Entry, CBP anticipates that the U.S. ABTC applicant will be able to complete the Global Entry application, complete the U.S. ABTC self-certification, schedule their required Global Entry enrollment interview, pay the program application fees, and have their signature digitally captured for the U.S. ABTC Program in the 40 minutes estimated for the Global Entry application.16 Based on the Global Entry final rule, CBP estimates that Global Entry applicants also applying for a U.S. ABTC will experience an opportunity cost of one hour to travel to and from a CBP trusted traveler enrollment center and undergo the required Global Entry interview.17 4. Number of U.S. ABTC Applicants In the U.S. ABTC IFR, CBP projected that 12,750 U.S. citizens would enroll in the U.S. ABTC Program within the first three years of the program’s start date based on National Center for Asia15 77 FR 5681, February 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 a professional athlete, news correspondent, entertainer, musician, artist, or person engaged in a similar occupation. 17 77 FR 5681, February 6, 2012. 16 As E:\FR\FM\23NOR1.SGM 23NOR1 84408 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations Pacific Economic Cooperation 18 estimates.19 Between the U.S. ABTC IFR’s effective date in FY 2014 and December 2015, CBP has received nearly 21,000 initial U.S. ABTC Program applications, exceeding the IFR’s projections.20 Based on worldwide ABTC growth, CBP expects to receive new, initial U.S. ABTC applications past the first three years of the U.S. ABTC’s implementation, which contrasts to the U.S. ABTC IFR’s assumption that initial applicants would occur in only a threeyear period.21 To project U.S. ABTC application volumes following this final rule’s implementation, CBP first uses the latest data available to determine a base value for future applications. During the first three months of FY 2016 (October 2015 to December 2015), CBP received 1,163 U.S. ABTC applications that corresponded to current CBP trusted traveler program members and 2,423 that did not.22 CBP then extrapolates this partial-year data to the full 2016 fiscal year by multiplying the three-month totals of historical FY 2016 application data according to the applicant type (1,163 for applicants already in a CBP trusted traveler program and 2,423 for applicants not already in a CBP trusted traveler program) and multiplying each of the totals by 4 to account for 12 months, or a full year, of application volumes. Through this estimation method, CBP finds that 4,652 of the projected new, initial U.S. ABTC Program applications in FY 2016, the base year, will correspond to individuals who are already CBP trusted traveler program members, while 9,692 new, initial U.S. ABTC applications will correspond to individuals who are not already CBP trusted traveler program members (see Table 2).23 CBP chose to use extrapolated FY 2016 data rather than the FY 2015 statistics as a base for future U.S. ABTC demand because the partial-year FY 2016 data indicated an increase in the second year of total U.S. ABTC applications, which is consistent with CBP expectations of program growth in this time period. Given the newness of the U.S. ABTC Program and its subsequently limited historical data available to establish a specific longer term growth rate in U.S. ABTC applications, CBP assumes that the total number of U.S. ABTC applications projected for FY 2016 will remain the same for FY 2017 and FY 2018. Accordingly, CBP estimates that 4,652 new, initial U.S. ABTC Program applications each year from individuals who are already CBP trusted traveler program members and 9,692 new, initial U.S. ABTC applications from individuals who are not already CBP trusted traveler program members (see Table 2). In accordance with the U.S. ABTC’s authorizing law, CBP does not plan to issue any new U.S. ABTCs or renew any U.S. ABTCs after September 30, 2018, the end of FY 2018. Unless the law is amended to extend the duration of U.S. ABTC issuance, all U.S. ABTCs will expire within a five-year validity period lasting up to September 29, 2023. Therefore, CBP does not forecast any new applications beyond FY 2018 and assumes that no new U.S. ABTCs will be issued thereafter for the purposes of this analysis. Table 2 presents the historical and projected initial applications for the U.S. ABTC Program. As Table 2 shows, CBP estimates that almost 61,000 U.S. citizens will initially apply for the U.S. ABTC Program during the period of analysis spanning from FY 2014 through FY 2018, with 21,000 applicants already possessing a CBP trusted traveler program membership and 40,000 applicants not already CBP trusted traveler program members. CBP assumes that each application signifies a single, unique applicant. TABLE 2—HISTORICAL AND PROJECTED NUMBERS OF U.S. ABTC APPLICANTS ALREADY AND NOT ALREADY IN A CBP TRUSTED TRAVELER PROGRAM 24 Number of initial U.S. ABTC applicants already in a CBP trusted traveler program Fiscal year Number of initial U.S. ABTC applicants Not already in a CBP trusted traveler program Total initial U.S. ABTC applications 2014 * .......................................................................................................................................... 2015 ............................................................................................................................................ 2016 ** ......................................................................................................................................... 2017 *** ........................................................................................................................................ 2018 *** ........................................................................................................................................ 2,126 4,976 4,652 4,652 4,652 2,477 8,138 9,692 9,692 9,692 4,603 13,114 14,344 14,344 14,344 Total ..................................................................................................................................... 21,058 39,691 60,749 mstockstill on DSK3G9T082PROD with RULES * Partial year of historical data spanning from the U.S. ABTC Program’s effective date of June 12, 2014 to the end of FY 2014. ** Estimate based on historical data spanning from start of October 2015 to December 2015 and data extrapolated for the remaining months of FY 2016. *** Projection. 18 The National Center for Asia-Pacific Economic Cooperation is a U.S. business association focused on facilitating the private sector input into the APEC process. 19 See https://csis.org/publication/why-usapproval-apec-business-travel-card-matters. 20 The total U.S. ABTC applications figure represents applications received between the U.S. ABTC Program’s interim effective date of June 12, 2014 through December 2015. Source: Email correspondence with CBP’s Office of Field Operations on August 12, 2015 and February 10, 2016. VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 21 According to APEC, the ABTC ‘‘has experienced significant growth in recent years. The number of active card users in the year to 30 June 2015 increased by more than 15 per cent, to over 190,000, compared to around 164,000 in mid2014.’’ Source: Asia-Pacific Economic Cooperation. ‘‘APEC Business Travel Card to be Extended to Five Years from 1 September.’’ 2015. Available at https:// www.apecsec.org.sg/Press/News-Releases/2015/ 0728_ABTC.aspx. Accessed March 3, 2016. 22 Source: Email correspondence with CBP’s Office of Field Operations on February 10, 2016. 23 1,163 U.S. ABTC applications corresponding to individuals who are already in a trusted traveler PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 program received during first three months of fiscal year 2016 × 4 = 4,652. 2,423 U.S. ABTC applications corresponding to individuals who are not already in a trusted traveler program received during first three months of fiscal year 2016 × 4 = 9,692. 24 Although the accompanying U.S. ABTC fee study includes CBP’s costs related to the processing and printing of 5,000 Canadian ABTCs, CBP excludes these costs from this analysis because Canadian ABTC enrollees are not members of the U.S. ABTC Program and CBP is reimbursed for the costs associated with processing their applications. E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations Although CBP received nearly 21,000 initial U.S. ABTC applications between June 2014 and December 2015, the agency only processed around 18,000 applications during that time period. Of those applications processed, CBP approved 88 percent on average.25 During FY 2016, and before the implementation of this final rule and its establishment of a new U.S. ABTC validity period in FY 2017, CBP assumes that the agency will process the backlog of U.S. ABTC Program applications as well as new applications submitted in FY 2016. This would result in the processing of 17,370 initial U.S. ABTC applications in FY 2016. CBP also assumes that the agency will approve 88 percent of these applications, which would bring the total U.S. ABTC Program membership up to 28,303 by the end of FY 2016 (see Table 3). For initial U.S. ABTC applications received from FY 2017 to FY 2018, CBP assumes that it would maintain a processing rate equal to its projected application rate, with 14,344 U.S. ABTC applications received and processed each year. 84409 Among the projected applications processed between FY 2017 and FY 2018, CBP believes that 88 percent will receive approvals based on the historical U.S. ABTC application approval rate. Thus, about 25,000 new individuals will become members of the U.S. ABTC Program from FY 2017 to FY 2018, as Table 3 illustrates. CBP assumes that these 25,000 individuals will generally receive U.S. ABTCs with five-year validity rates and maintain their program membership for the full validity period. TABLE 3—PROJECTED NUMBER OF INITIAL U.S. ABTC MEMBERSHIP APPROVALS AND DENIALS Number of initial U.S. ABTC applications approved (i.e., new U.S. ABTC program members) Fiscal year Number of initial U.S. ABTC applications denied Total initial U.S. ABTC applications processed 2014 * .......................................................................................................................................... 2015 ............................................................................................................................................ 2016 ** ......................................................................................................................................... 2017 *** ........................................................................................................................................ 2018 *** ........................................................................................................................................ 2,619 10,398 15,286 12,623 12,623 273 1,401 2,084 1,721 1,721 2,892 11,799 17,370 14,344 14,344 Total ..................................................................................................................................... 53,549 7,200 60,749 * Partial year of historical data spanning from the U.S. ABTC Program’s effective date of June 12, 2014 to the end of FY 2014. ** Estimate based on historical data spanning from start of October 2015 to December 2015 and data extrapolated for the remaining months of FY 2016. *** Projection. Note: Estimates may not sum to total due to rounding. Without complete data on the number of approved U.S. ABTC applications that corresponded to existing CBP trusted traveler program members, CBP assumes that all of the U.S. ABTC applications submitted between FY 2014 and FY 2018 from individuals already in a CBP trusted traveler program will correspond to an approved application in those respective application years. CBP assumes this because these applicants have already been approved for a trusted traveler program (see Table 2). The remaining U.S. ABTC applications approved during the period of analysis will correspond to individuals who concurrently applied, or will concurrently apply, for the U.S. ABTC program and a CBP trusted traveler program. Table 4 summarizes the number of new, initial U.S. ABTC applications approved according to applicants’ CBP trusted traveler membership statuses. As illustrated, CBP estimates that 21,000 initial U.S. ABTC members are expected to already be CBP trusted traveler program members prior to applying for a U.S. ABTC between FY 2014 and FY 2018, while 32,000 are not expected to be current members of a CBP trusted traveler program during that period (see Table 4). TABLE 4—PROJECTED NUMBER OF U.S. ABTC APPLICATIONS APPROVED FOR MEMBERS ALREADY AND NOT ALREADY IN A CBP TRUSTED TRAVELER PROGRAM Number of initial U.S. ABTC applications approved for members already in a CBP trusted traveler program mstockstill on DSK3G9T082PROD with RULES Fiscal year Number of initial U.S. ABTC applications approved for members Not already in a CBP trusted traveler program Total initial U.S. ABTC applications approved (i.e., U.S. ABTC program members) (from Table 3) 2,126 4,976 4,652 493 5,422 10,634 2,619 10,398 15,286 2014 * .......................................................................................................................................... 2015 ............................................................................................................................................ 2016 ** ......................................................................................................................................... 25 From June 2014 through December 2015, CBP approved 15,854 U.S. ABTC applications and denied 2,166 U.S. ABTC applications, for an VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 approval rate of 88 percent. Source: Email correspondence with CBP’s Office of Field PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 Operations on August 12, 2015 and February 10, 2016. E:\FR\FM\23NOR1.SGM 23NOR1 84410 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations TABLE 4—PROJECTED NUMBER OF U.S. ABTC APPLICATIONS APPROVED FOR MEMBERS ALREADY AND NOT ALREADY IN A CBP TRUSTED TRAVELER PROGRAM—Continued Number of initial U.S. ABTC applications approved for members already in a CBP trusted traveler program Number of initial U.S. ABTC applications approved for members Not already in a CBP trusted traveler program Total initial U.S. ABTC applications approved (i.e., U.S. ABTC program members) (from Table 3) 2017 *** ........................................................................................................................................ 2018 *** ........................................................................................................................................ 4,652 4,652 7,971 7,971 12,623 12,623 Total ..................................................................................................................................... 21,058 32,491 53,549 Fiscal year * Partial year of historical data spanning from the U.S. ABTC Program’s effective date of June 12, 2014 to the end of FY 2014. ** Estimate based on historical data spanning from start of October 2015 to December 2015 and data extrapolated for the remaining months of FY 2016. *** Projection. Note: Estimates may not sum to total due to rounding. As previously mentioned, the statute authorizing U.S. ABTC issuance currently expires at the end of FY 2018. Consistent with the U.S. ABTC IFR, CBP estimates that the 2,619 members approved for the U.S. ABTC Program in FY 2014 will renew their memberships in FY 2017 upon the expiration of their three-year validity periods (see Table 4). Likewise, CBP estimates that the 10,398 members approved for the U.S. ABTC Program in FY 2015 will renew their memberships in FY 2018 upon the expiration of their three-year validity periods (see Table 4). For continued program use after FY 2018, CBP estimates that the 15,286 U.S. ABTC applicants approved in FY 2016 will renew their U.S. ABTC Program memberships in FY 2018 before their initial U.S. ABTC validity periods end (see Table 4). As stated in the U.S. ABTC IFR, it is possible that individuals initially approved for the U.S. ABTC Program will change to a job function that does not require conducting APEC business, making them ineligible for a U.S. ABTC. 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. Due to the short timeframe between this final rule’s implementation and the expiration of the U.S. ABTC Program, CBP does not believe that individuals who enroll in the U.S. ABTC Program between FY 2017 and FY 2018 will renew their memberships during the period of analysis. This is because CBP thinks it is unlikely that these individuals will incur U.S. ABTC application fees and time costs to get less than two years of additional U.S. ABTC use. Table 5 shows the projected number of U.S. ABTC members who will renew their U.S. ABTC Program memberships during the period of analysis according to their current CBP trusted traveler program membership status. As illustrated, all 28,303 U.S. ABTC applicants approved for memberships prior to FY 2017 will renew their U.S. ABTC memberships by FY 2018’s end. In accordance with this rule’s extended U.S. ABTC validity period, these members will generally receive U.S. ABTCs that will expire within a fiveyear validity period lasting up to September 29, 2023. 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 5. Note that renewals are not forecasted beyond FY 2018 because the statute authorizing the U.S. ABTC expires at the end of that year. TABLE 5—PROJECTED NUMBER OF U.S. ABTC PROGRAM MEMBERSHIP RENEWALS FOR MEMBERS ALREADY AND NOT ALREADY IN A CBP TRUSTED TRAVELER PROGRAM mstockstill on DSK3G9T082PROD with RULES Fiscal year Number of U.S. ABTC renewals from members previously in a CBP trusted traveler program Number of U.S. ABTC renewals from members Not previously in a CBP trusted traveler program Total U.S. ABTC renewals 2014 ............................................................................................................................................ 2015 ............................................................................................................................................ 2016 ** ......................................................................................................................................... 2017 *** ........................................................................................................................................ 2018 *** ........................................................................................................................................ ........................ ........................ ........................ 2,126 9,628 ........................ ........................ ........................ 493 16,056 ........................ ........................ ........................ 2,619 25,684 Total ..................................................................................................................................... 11,754 16,549 28,303 ** Estimate based on historical data spanning from start of October 2015 to December 2015 and data extrapolated for the remaining months of FY 2016. *** Projection. Note: Estimates may not sum to total due to rounding. VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations 5. Costs CBP has determined that a $70 fee is necessary to recover its 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.26 In addition to the U.S. ABTC fee, initial U.S. ABTC applicants will also experience an opportunity cost associated with obtaining a U.S. ABTC. As previously discussed, CBP estimates that new, initial U.S. ABTC applicants who are already members of a CBP trusted traveler program will experience a 1 hour and 10-minute (70-minute) application-related opportunity cost, while U.S. ABTC applicants who are not already members of a CBP trusted traveler program will experience a 1 hour and 40-minute (100-minute) application-related opportunity cost. U.S. ABTC applicants who are not already members of a CBP trusted traveler program are required to pay another fee to join the U.S. ABTC Program—the $100 application fee associated with the Global Entry program.27 The Department of Transportation’s guidance on the valuation of travel time for air passengers estimates a business traveler’s value to be $63.16 per hour.28 Using this estimate as well as the opportunity cost and fees just described, CBP estimates that it will cost a new, initial U.S. ABTC applicant who is already a CBP trusted traveler program 84411 member approximately $144 to join the U.S. ABTC Program.29 For new, initial U.S. ABTC applicants who are not already members of a CBP trusted traveler program, CBP estimates that it will cost approximately $275 to join the U.S. ABTC Program.30 By applying the U.S. ABTC applicant projections according to CBP trusted traveler program membership statuses (see Table 2) to their respective U.S. ABTC application costs ($144 for applicants already in a CBP trusted traveler program and $275 for applicants not already in a CBP trusted traveler program), CBP finds that new, initial U.S. ABTC applicants have incurred or will incur undiscounted costs totaling $13.9 million during this rule’s period of analysis (see Table 6). TABLE 6—U.S. ABTC PROGRAM APPLICATION COSTS TO NEW, INITIAL APPLICANTS [Undiscounted] Number of initial U.S. ABTC applicants already in a CBP trusted traveler program 2014 2015 2016 2017 2018 Number of initial U.S. ABTC applicants Not already in a CBP trusted traveler program Total application cost for U.S. ABTC applicants Not already in a CBP trusted traveler program (A) Fiscal year Total application cost for U.S. ABTC applicants already in a CBP trusted traveler program ($144 × A) (B) ($275 × B) ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ 2,126 4,976 4,652 4,652 4,652 $306,144 716,544 669,888 669,888 669,888 2,477 8,138 9,692 9,692 9,692 $681,175 2,237,950 2,665,300 2,665,300 2,665,300 Total ......................................................................................................... 21,058 3,032,352 39,691 10,915,025 mstockstill on DSK3G9T082PROD with RULES As mentioned earlier, CBP estimates that 28,303 U.S. ABTC applicants approved for memberships prior to FY 2017 will successfully renew their U.S. ABTC memberships by FY 2018’s end (see Table 5). However, these members will incur different renewal costs according to their initial CBP trusted traveler program membership status. U.S. ABTC members already in a CBP trusted traveler program must complete the U.S. ABTC application (i.e., a selfcertification) and pay the U.S. ABTC fee using GOES to renew their U.S. ABTC membership. These members will spend an estimated 10 minutes completing such renewal steps, at an opportunity cost of $10.53 per renewal.31 This contrasts to the IFR’s analysis, which assumed that individuals would incur the same time burden when initially 26 The Asia-Pacific Economic Cooperation Business Travel Card Fee Study is posted in the docket for this rulemaking on www.regulations.gov. 27 As previously discussed, CBP anticipates U.S. ABTC applicants who are not already members of a CBP trusted traveler program will join the Global Entry program. 28 As previously mentioned, this value is based on the U.S. Department of Transportation’s (DOT) guidance regarding the valuation of travel time for business travelers in 2013 U.S. dollars, adjusted to 2017 U.S. dollars using the DOT’s recommended annual growth rate of one percent. Source: U.S. Department of Transportation, Office of Transportation Policy. The Value of Travel Time Savings: Departmental Guidance for Conducting Economic Evaluations Revision 2 (2015 Update). ‘‘Table 4 (Revision 2-corrected): Recommended Hourly Values of Travel Time Savings.’’ 2015. Available at https://www.transportation.gov/sites/ dot.gov/files/docs/Revised%20Departmental %20Guidance%20on%20Valuation%20of %20Travel%20Time%20in%20Economic %20Analysis.pdf. Accessed February 16, 2016. 29 $63.16 x (70 minutes/60 minutes per hour) = $73.69; $73.69 + $70 U.S. ABTC fee = $143.69, or $144 when rounded to the nearest dollar. CBP estimates that U.S. ABTC applicants who are already 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 1 hour (60 minutes) to travel to and from an enrollment center and wait to have their signature digitally captured. In total, CBP estimates U.S. ABTC applicants who are already members of a CBP trusted traveler program will experience an opportunity cost of 70 minutes with this rule. 30 $63.16 x (100 minutes/60 minutes per hour) = $105.27; $105.27 + $100 Global Entry program fee + $70 U.S. ABTC fee = $275.27, or $275 when rounded to the nearest dollar. CBP estimates that U.S. ABTC applicants who are not already in a CBP trusted traveler program will experience an opportunity cost of 40 minutes to complete the Global Entry application and the U.S. ABTC selfcertification, schedule their required Global Entry enrollment interview, pay the program application fees, and have their signature digitally captured for the U.S. ABTC Program. Additionally, CBP estimates these applicants will experience an opportunity cost of 1 hour (60 minutes) to travel to and from an enrollment center and complete the interview for Global Entry. In total, CBP estimates U.S. ABTC applicants who are not already members of a CBP trusted traveler program will experience an opportunity cost of 100 minutes with this rule. 31 $63.16 hourly time for business traveler × (10 minutes/60 minutes per hour) = $10.53. VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 E:\FR\FM\23NOR1.SGM 23NOR1 84412 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations applying for or renewing a U.S. ABTC. Because the U.S. ABTC Program’s initial digital signature capture requirement is generally not necessary for program membership renewal, CBP no longer believes that the time burdens to apply for and renew U.S. ABTC applications are the same. With U.S. ABTC renewals, members will not have to travel to a CBP trusted traveler enrollment center to have their signature digitally captured, thus decreasing their renewal burden assumed in the IFR. Along with the $10.53 renewal opportunity cost, U.S. ABTC applicants who were already members of a CBP trusted traveler program will be required to pay the $70 U.S. ABTC fee upon membership renewal, for a total U.S. ABTC renewal cost of approximately $81.32 Note that CBP does not consider the costs for current CBP trusted traveler program members to renew their CBP trusted traveler program memberships because they would presumably incur those costs even in the absence of this rule. Although CBP’s trusted traveler program and U.S. ABTC Program validity periods previously differed (five years vs. three years for memberships approved before FY 2017), CBP continues to assume for the simplicity of this analysis that U.S. ABTC applicants who joined a CBP trusted traveler program exclusively for the ability to obtain a U.S. ABTC will concurrently renew their U.S. ABTC and trusted traveler program memberships during the period of analysis. As such, CBP believes that to renew their U.S. ABTC memberships, U.S. ABTC members not previously in a CBP trusted traveler program will concurrently complete the U.S. ABTC application (i.e., a self-certification), Global Entry renewal, and pay the U.S. ABTC and Global Entry fees using GOES. These members will spend an estimated 10 minutes completing such renewal steps, at an opportunity cost of $10.53 per renewal.33 This burden contrasts to the IFR’s analysis, which assumed that individuals would incur the same time burden when initially applying for or renewing a U.S. ABTC. Because the initial CBP trusted traveler program interview and the U.S. ABTC Program’s digital signature capture requirements are generally not necessary for program membership renewals, CBP no longer believes that the time burdens to apply for and renew U.S. ABTC applications are the same. With U.S. ABTC renewals, members will not have to travel to a CBP trusted traveler enrollment center to have their signature digitally captured or undergo another interview, thus decreasing their renewal burden assumed in the IFR. Individuals concurrently renewing their U.S. ABTC and Global Entry memberships will also be required to pay the $70 U.S. ABTC fee and the $100 fee associated with the Global Entry program, for a total U.S. ABTC and Global Entry membership renewal cost of about $181.34 By applying the U.S. ABTC renewal projections according to CBP trusted traveler program membership statuses (see Table 5) to their respective U.S. ABTC membership renewal costs ($81 for applicants already in a CBP trusted traveler program and $181 for applicants not already in a CBP trusted traveler program), CBP finds that U.S. ABTC Program members will incur a total undiscounted cost of $3.9 million to renew their memberships during the period of analysis (see Table 7). TABLE 7—U.S. ABTC PROGRAM RENEWAL COSTS TO MEMBERS [Undiscounted] Number of renewals from members previously in a CBP trusted traveler program Total renewal cost for members previously in a CBP trusted traveler program Number of renewals from members Not previously in a CBP trusted traveler program Total renewal cost from members Not previously in a CBP trusted traveler program (A) ($81 × A) (B) ($181 × B) ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ................................................................................................................ ........................ ........................ ........................ 2,126 9,628 ........................ ........................ ........................ $172,206 779,868 ........................ ........................ ........................ 493 16,056 ........................ ........................ ........................ $89,233 2,906,136 Total ......................................................................................................... 11,754 952,074 16,549 2,995,369 Fiscal year 2014 2015 2016 2017 2018 Accounting for initial application and renewal costs, the total undiscounted cost of this rule is $17.9 million. In present value terms, the overall cost of this rule will range from approximately $18.1 million to $18.3 million from FY 2014 to FY 2018 (see Table 8). The total annualized cost of this rule over the period of analysis will equal between $3.4 million and $3.5 million. These estimates vary according to the discount rate applied. TABLE 8—TOTAL COST OF RULE, FY 2014–FY 2018 mstockstill on DSK3G9T082PROD with RULES [2017 U.S. dollars] 3% Discount rate Present Value Cost .................................................................................................................................................. 32 $10.53 opportunity cost to renew U.S. ABTC Program membership + $70 U.S. ABTC fee = $80.53, or $81 when rounded to the nearest dollar. VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 33 $63.16 hourly time for business traveler × (10 minutes/60 minutes per hour) = $10.53. 34 $10.53 opportunity cost to concurrently renew U.S. ABTC and Global Entry Program memberships PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 $18,061,855 7% Discount rate $18,319,248 + $100 Global Entry program fee + $70 U.S. ABTC fee = $180.53, or $181 when rounded to the nearest dollar. E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations 84413 TABLE 8—TOTAL COST OF RULE, FY 2014–FY 2018—Continued [2017 U.S. dollars] 3% Discount rate Annualized Cost ....................................................................................................................................................... 6. Benefits As stated earlier, the U.S. ABTC Program will enable card holders to access fast-track immigration lanes at participating airports in the 20 other APEC member economies. Although the ABTC Program is relatively 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).35 The APEC Report quantified seven key performance indicators, one of which quantifies the time savings an ABTC holder receives by using its fast-track immigration lanes. As shown in Table 9, the time savings each member economy’s ABTC holders receive can vary greatly. Like in the U.S. ABTC IFR, CBP believes the weighted average time savings of approximately 43 minutes is an appropriate estimate of the time 3,504,094 7% Discount rate 3,408,535 savings a U.S. ABTC holder will receive when clearing foreign immigration services using the fast-track immigration lanes. To the extent that our estimate understates the time saved by U.S. ABTC holders, the benefits of the rule will be higher. Similarly, to the extent that U.S. ABTC holders are able to catch flights they would have otherwise missed due to lengthy immigration waits, the benefits of this rule will be higher. TABLE 9—KEY PERFORMANCE INDICATOR 4—TOTAL TIME SAVINGS CLEARING IMMIGRATION AT THE BORDER BY ABTC HOLDERS Average time savings/ABTC holder (minutes) ABTC holders (2011) Total time savings by ABTC holders (minutes) 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 ...................................................................................................................................... Weighted Average ................................................................................................................ n/a 43.13 86,826 n/a 3,744,808 n/a Economy mstockstill on DSK3G9T082PROD with RULES Source: Asia-Pacific Economic Cooperation. ‘‘Reducing Business Travel Costs: The Success of APEC’s Business Mobility Initiatives.’’ October 2011. Available at https://publications.apec.org/publication-detail.php?pub_id=1214. Accessed May 23, 2012. As previously discussed, the DOT’s guidance regarding the valuation of travel time estimates a business air traveler’s value to be $63.16 per hour. Using this hourly time value and the 43 minutes in time savings from the ABTC per trip, CBP estimates each U.S. ABTC holder will save approximately $45 per visit to an APEC member economy.36 In addition to the time savings per trip to an APEC member economy, CBP estimates a new, initial U.S. ABTC 35 Asia-Pacific Economic Cooperation. ‘‘Reducing Business Travel Costs: The Success of APEC’s Business Mobility Initiatives.’’ November 2011. Available at https://publications.apec.org/ VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 applicant who is not already a CBP trusted traveler member will also save an additional 7 minutes on net, or $7 in opportunity costs, by using a Global Entry kiosk for expedited CBP clearance upon returning to the United States from an APEC economy.37 7. Net Benefits Because participation in the U.S. ABTC Program is voluntary, the perceived benefits of its reduced wait publication-detail.php?pub_id=1214. Accessed May 23, 2012. 36 $63.16 × (43 minutes/60 minutes per hour) = $45.26, or $45 when rounded to the nearest dollar. PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 times have to equal or exceed the cost of the program over five years for potential enrollees to determine whether or not the program is worthwhile to join. As previously discussed, CBP estimates that each U.S. ABTC holder will save approximately $45 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 37 $63.16 × (7 minutes/60 minutes per hour) = $7.37, or $7 when rounded to the nearest dollar. Source: 77 FR 5681, February 6, 2012. E:\FR\FM\23NOR1.SGM 23NOR1 84414 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations take to an APEC member economy, CBP can estimate the minimum number of trips a U.S. ABTC holder will have to take over the five-year U.S. ABTC validity period for the benefits of initial U.S. ABTC membership to equal or exceed the costs of initially obtaining a U.S. ABTC by using the estimated savings per trip ($45) previously described. CBP estimates that a new, initial U.S ABTC applicant who is already enrolled in a CBP trusted traveler program will need to take a minimum of four trips between the United States and an APEC member economy over five years for the benefits of the U.S. ABTC Program to exceed the costs associated with joining the program.38 Accounting for the $45 in time savings per trip to an APEC member economy and the $7 in time savings by using a Global Entry kiosk for expedited CBP clearance upon returning to the United States from an APEC economy, CBP estimates that a new, initial U.S. ABTC applicant who is not already a CBP trusted traveler member will need to take a minimum of six trips between the United States and an APEC member economy over five years for the benefits of the U.S. ABTC Program to exceed the costs associated with joining the program and Global Entry.39 Current U.S. ABTC holders will need to take even fewer trips per year for the benefits of renewing their program memberships to outweigh the costs. B. The Regulatory Flexibility Act mstockstill on DSK3G9T082PROD with RULES This section examines the impact of the rule on small entities as required by the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), as amended by the Small Business Regulatory Enforcement 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. 38 (Rounded) $143 U.S. ABTC opportunity cost and fee/$45 savings per trip = 3.2 trips. 39 (Rounded) $45 fast-track immigration clearance savings + $7 expedited CBP clearance savings from Global Entry = $52 U.S. ABTC holder savings; (Rounded) $274 U.S. ABTC and Global Entry opportunity cost and fees/$52 U.S. ABTC holder savings = 5.3 trips. VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 Therefore, CBP has considered the impact of this rule on small entities. The U.S. ABTC Program is voluntary and has an initial application cost of approximately $144 if a U.S. ABTC applicant is a current member of a CBP trusted traveler program or approximately $275 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 that it is possible that a substantial number of small entities will be impacted by this regulation. However, CBP does not believe an application cost of either $144 or $275, depending on whether a U.S. ABTC applicant is currently enrolled in a CBP trusted traveler program, constitutes a significant economic impact. Moreover, as previously discussed, each U.S. ABTC holder will save approximately 43 minutes, or approximately $45 in opportunity costs, per trip, while new, initial U.S. ABTC applicants who are not already CBP trusted traveler members will also save an additional 7 minutes on net, or $7 in opportunity costs, by using a Global Entry kiosk for expedited CBP clearance upon returning to the United States from an APEC economy. U.S. ABTC Program members can dedicate these time savings to productive, APEC business-related use. After approximately four or six trips to an APEC member economy, the benefits of an ABTC will exceed the full cost of obtaining a U.S. ABTC (fees + opportunity costs). CBP also notes that a one-time expense of $144 or $275, depending on whether the U.S. ABTC applicant is already 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. CBP received no public comments challenging this certification. C. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year, 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. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 D. Executive Order 13132 The rule will not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with section 6 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement. E. Paperwork Reduction Act The collections of information in this document will be submitted for 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. The revisions to OMB clearance 1651–0121 for the U.S. ABTC Program application 40 reflect the following changes: U.S. ABTC Applications: 41 40 Source: U.S. Department of Homeland Security, Customs and Border Protection. Supporting Statement for Paperwork Reduction Act Submission: 1651–0121, Trusted Traveler Programs and U.S. APEC Business Travel Card. September 2015. Available at https://www.reginfo.gov/public/ do/PRAViewDocument?ref_nbr=201509-1651-002. Accessed March 29, 2016. 41 CBP estimates that a total of 14,344 applicants will initially apply for U.S. ABTC Program membership each year (see ‘‘Executive Order 13563 and Executive Order 12866’’ section, Table 2— ‘‘Total Initial U.S. ABTC Applications’’ in FY 2017). However, as described in the ‘‘Executive Order 13563 and Executive Order 12866’’ section above, an estimated 4,652 of these applicants will already be current CBP trusted traveler program members, while 9,692 will not. Because the U.S. ABTC Program application requirements differ according to an applicant’s CBP trusted traveler program membership status, the U.S. ABTC application time burdens for individuals will differ. The estimated 4,652 U.S. ABTC applicants who are already CBP trusted traveler program members will incur a time burden of 10 minutes to complete the U.S. ABTC self-certification and have their signature digitally captured at a CBP trusted traveler enrollment center for their U.S. ABTC application. These U.S. ABTC application estimates account for the 4,652 individuals who are already in a CBP trusted traveler program and their related U.S. ABTC application burdens. CBP considers the remaining additional burden to the 9,692 individuals who will concurrently apply for an initial U.S. ABTC and a CBP trusted traveler program membership in the following ‘‘Global Entry Applications’’ estimates. Additionally, CBP estimates that a total of 2,619 existing U.S. ABTC Program members will choose to renew their U.S. ABTC memberships and Global Entry memberships (if they were not already in a CBP trusted traveler program at the time of their initial ABTC application) (see ‘‘Executive Order 13563 and Executive Order 12866’’ section, Table E:\FR\FM\23NOR1.SGM 23NOR1 Federal Register / Vol. 81, No. 226 / Wednesday, November 23, 2016 / Rules and Regulations mstockstill on DSK3G9T082PROD with RULES Increase in estimated number of annual respondents: 1,643. Increase in estimated number of annual responses: 1,643. Estimated average time burden per response: 10 minutes (0.17 hours). Increase in estimated total annual time burden: 279 hours. Initial U.S. ABTC applicants who join Global Entry to meet a U.S. ABTC Program membership requirement increased the number of Global Entry applications and burden hours as follows: Global Entry Applications: 42 Increase in estimated number of annual respondents: 2,099. Increase in estimated number of annual responses: 2,099. Estimated average time burden per response: 40 minutes (0.67 hours). Increase in estimated total annual time burden: 1,407 hours. Approved U.S. ABTC members who joined Global Entry for their U.S. ABTC Program membership also increased the Global Entry kiosk usage rate and burden hours through their use of the kiosks for expedited CBP clearance upon returning to the United States from an APEC economy. The additional Global Entry kiosk burden hours directly resulting from the U.S. ABTC Program are as follows: Global Entry Kiosk Use: 43 5— ‘‘Total U.S. ABTC Renewals’’ in FY 2017). For the purposes of this information collection, CBP includes the renewal figures in the overall U.S. ABTC application estimates because the burden for initial U.S. ABTC Program application and renewal are both assumed to be 10 minutes. 42 Individuals interested in joining the U.S. ABTC Program who are not already CBP trusted traveler members will need to initially apply for a CBP trusted traveler program membership to meet one of the U.S. ABTC Program’s membership requirements. CBP estimates that the 9,692 initial applicants who are not already in a CBP trusted traveler program will concurrently apply for the U.S. ABTC Program and CBP’s Global Entry trusted traveler program, incurring a 40-minute time burden to complete the Global Entry application, complete the U.S. ABTC self-certification, schedule their required Global Entry enrollment interview, pay the program application fees, and have their signature digitally captured for the U.S. ABTC Program. These initial Global Entry application estimates account for the 9,692 individuals who are not already in a CBP trusted traveler program and their related U.S. ABTC application burdens. 43 CBP now estimates that by the end of FY 2017, 24,520 individuals who were not already members of a CBP trusted traveler program will become joint members of the U.S. ABTC Program and Global Entry (see ‘‘Executive Order 13563 and Executive Order 12866’’ section, Table 4— ‘‘Number of Initial U.S. ABTC Applications Approved for Members Not Already in a CBP Trusted Traveler Program’’ in FY 2014–FY 2017). Due to data limitations, CBP assumes that these 24,520 U.S. ABTC Program members will use Global Entry kiosks twice per year as this is the minimum number of annual trips one of these members would have to take for the benefits of joining the U.S. ABTC Program to outweigh its costs. This translates to an additional VerDate Sep<11>2014 16:26 Nov 22, 2016 Jkt 241001 Increase in estimated number of annual respondents: 11,106. Increase in estimated number of annual responses: 22,212. Estimated average time burden per response: 1 minute (0.016 hours). Increase in estimated total annual time burden: 356 hours. F. Privacy DHS will ensure that all Privacy Act requirements and policies are adhered to in the implementation of this rule. In this regard, DHS has updated the Privacy Impact Assessment for the Global Enrollment System (GES) on November 1, 2016, which fully outlines processes to ensure compliance with Privacy Act protections relevant to this rule. See https://www.dhs.gov/sites/ default/files/publications/privacy-piacbp-ges-november2016.pdf. VII. 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 in 8 CFR Part 235 Administrative practice and procedure, Aliens, Immigration, Reporting and recordkeeping requirements. Amendments to Regulations For the reasons set forth in the preamble, the IFR amending 8 CFR 103.7(b)(1)(ii)(N) and adding a new section 235.13, which was published at 79 FR 27161 on May 13, 2014, is adopted as final with the following changes: PART 235—INSPECTION OF PERSONS APPLYING FOR ADMISSION 1. The authority citation for part 235 continues to read as follows: 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); Public Law 112–54. ■ § 235.13 [Amended] 2. Amend § 235.13 as follows: a. In paragraph (c)(6), first sentence, remove the number ‘‘3’’ and add in its place the word ‘‘five’’ and remove the words ‘‘suspended or’’; ■ b. Revise the paragraph (f) subject heading to read ‘‘Denial and removal’’; ■ ■ 49,040 kiosk responses per year. These Global Entry kiosk use estimates account for the 49,040 kiosk responses and the related burdens. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 84415 c. In paragraph (f)(2) introductory text, first sentence, remove the words ‘‘suspended or’’; ■ d. In paragraph (f)(3), first and second sentences, remove the words ‘‘suspension or’’; ■ e. In paragraph (f)(4), remove ‘‘, suspended,’’; ■ f. In paragraph (g)(1), remove all occurrences of the phrase ‘‘denial, suspension or removal’’ and add in its place ‘‘denial or removal’’ and remove the words ‘‘date of suspension or removal’’ and add in their place ‘‘date of removal’’; ■ g. In paragraph (g)(2), remove the phrase ‘‘denial, suspension or removal’’ and add in its place ‘‘denial or removal’’; and ■ h. In paragraph (h), second sentence, remove the words ‘‘suspended or’’. ■ Dated: November 17, 2016. Jeh Charles Johnson, Secretary. [FR Doc. 2016–28177 Filed 11–22–16; 8:45 am] BILLING CODE 9111–14–P FEDERAL RESERVE SYSTEM 12 CFR Part 209 [Regulation I; Docket No. R–1533] RIN 7100–AE 47 Federal Reserve Bank Capital Stock Board of Governors of the Federal Reserve System. ACTION: Final rule. AGENCY: The Board of Governors (Board) is adopting, in final form and without change, an interim final rule amending Regulation I. The final rule establishes procedures for payment of dividends by the Federal Reserve Banks (Reserve Banks) to implement the provisions of section 32203 of the ‘‘Fixing America’s Surface Transportation Act.’’ The final rule sets out the dividend rates applicable to Reserve Bank depository institution stockholders and amends provisions of Regulation I regarding treatment of accrued dividends when a Reserve Bank issues or cancels Federal Reserve Bank capital stock. DATES: This final rule is effective on January 1, 2017. FOR FURTHER INFORMATION CONTACT: Evan Winerman, Counsel (202–872– 7578), Legal Division; or Kimberly Zaikov, Financial Project Leader (202/ 452–2256), Reserve Bank Operations and Payments Systems Division. Users of Telecommunication Device for Deaf (TDD) only, call (202) 263–4869. SUMMARY: E:\FR\FM\23NOR1.SGM 23NOR1

Agencies

[Federal Register Volume 81, Number 226 (Wednesday, November 23, 2016)]
[Rules and Regulations]
[Pages 84403-84415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28177]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

8 CFR Parts 103 and 235

[Docket No. USCBP-2013-0029; CBP Decision No. 16-20]
RIN 1651-AB01

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

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

ACTION: Final rule.

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SUMMARY: This rule adopts as final, with two changes, interim
amendments to the Department of Homeland Security's (DHS) regulations
published in the Federal Register on May 13, 2014 establishing the U.S.
Asia-Pacific Economic Cooperation (APEC) Business Travel Card Program.
The U.S. APEC Business Travel Card Program provides 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.

DATES: This rule is effective December 23, 2016.

FOR FURTHER INFORMATION CONTACT: Mr. Garret Conover, Office of Field
Operations, (202) 325-4062, Garret.A.Conover@cbp.dhs.gov.

I. Background

A. The Asia-Pacific Economic Cooperation Business Travel Card Program

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\ One of APEC's business facilitation initiatives is the APEC
Business Travel Card (ABTC) Program. The operating procedures for the
ABTC Program are set out in the APEC Business Travel Card Operating
Framework (APEC Framework).\2\ Under the ABTC Program, APEC members can
issue cards to business travelers and senior government officials who
meet certain criteria. The cards provide simpler, short-term entry
procedures within the APEC region.
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\1\ APEC members are also referred to as `economies' since the
APEC process is primarily concerned with trade and economic issues
with the members engaging each other as economic entities. The most
recently updated list of members is available at the APEC Web site
at www.apec.org/About-Us/About-APEC/Member-Economies.aspx. For
simplicity, CBP will generally refer to them in the preamble of this
document as APEC members.
\2\ Although participating members intend to follow the
operating principles and procedures outlined, the document is not
legally binding. The most recent version of the APEC Framework is
Version 19, dated July 7, 2015.
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B. U.S. Participation in ABTC

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 ABTCs through September 30, 2018 to any eligible person,
including business persons and U.S. Government officials actively
engaged in APEC business. On May 13, 2014, U.S. Customs and Border
Protection (CBP) published an interim final rule (IFR) in the Federal
Register (79 FR 27161) amending the DHS regulations to establish the
U.S. ABTC Program and an application fee. See 8 CFR 235.13 and 8 CFR
103.7.
The IFR became effective on June 12, 2014 and on that date CBP
began issuing its own ABTCs (U.S. ABTCs) to qualified U.S. citizens. As
provided in the IFR, 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. To
participate in the program, an individual must be an existing member,
in good standing, of an eligible CBP trusted traveler program or be
approved for membership in an eligible CBP trusted traveler program
during the U.S. ABTC application process.\3\ The application process
requires the applicant to self-certify that he or she is a bona fide
business person who is engaged in the trade of goods, the provision of
services or the conduct of investment activities, or is a U.S.
Government official actively engaged in

[[Page 84404]]

APEC business. The applicant must also provide a signature, which
appears on the face of the U.S. ABTC. CBP collects the applicant's
signature at a CBP trusted traveler enrollment center.
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\3\ For purposes of the U.S. ABTC Program, eligible CBP trusted
traveler programs include Global Entry, NEXUS, and SENTRI.
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Successful applicants receive a U.S. ABTC that enables them to
access fast-track immigration lanes at participating airports in
foreign APEC member economies. In order to obtain a U.S. ABTC, an
individual must meet the eligibility requirements, apply in advance,
pay the requisite fee and be approved as a card holder. Details about
the program eligibility criteria, the application process, the fee, the
benefits, and other aspects of the program, are set forth in the
preamble of the IFR, 8 CFR 235.13, and 8 CFR 103.7.

II. Discussion of Comments

A. Overview

Although the interim regulatory amendments were promulgated without
prior public notice and comment procedures pursuant to the foreign
affairs exemption in 5 U.S.C. 553(a)(1), the IFR provided for the
submission of public comments that would be considered before adopting
the interim regulations as a final rule. The prescribed 30-day public
comment period closed on June 12, 2014. During this time, CBP received
submissions from five commenters. All five commenters were strongly in
support of the U.S. ABTC Program and expressed appreciation for the
introduction of the program. Nonetheless, the commenters presented
ideas for how to improve the program, and one commenter noted that our
calculation of a benefit accrued through the U.S. ABTC was inaccurate.
CBP has grouped the issues by topic and provides responses below.

B. Discussion

1. Overseas Interviews and Signature Collection
Comment: All five of the commenters noted that many of the U.S.
ABTC applicants will be U.S. business people living and working abroad,
who make limited trips to the United States. The commenters asserted
that requiring applicants to be physically present in the United States
to obtain a U.S. ABTC will reduce the number of applicants and will
limit the accessibility of the program. To address these concerns, four
of the commenters recommended that CBP conduct enrollment interviews
for the CBP trusted traveler programs overseas, and all five of the
commenters asked that CBP provide a way for U.S. ABTC signatures to be
collected abroad. The commenters suggested several different methods
for CBP to conduct enrollment interviews and/or collect signatures
overseas, either on a regular basis or intermittently. Their
suggestions include having CBP use U.S. embassies or consulates in the
Asia-Pacific region, having CBP open a regional office in Asia, or
having CBP schedule appointments for interviews and/or signature
collections around major U.S. regional business events, such as the
annual meeting of the Asia Pacific Council of American Chambers of
Commerce. The commenters remarked that conducting enrollment interviews
and signature collections overseas would increase the number of
applicants for U.S. ABTCs and would allow individuals to obtain a U.S.
ABTC more quickly because individuals will not have to wait until they
are traveling to the United States to do their interview and provide
their signature.
Response: CBP appreciates the commenters' suggestions for
alternative arrangements for CBP trusted traveler interviews and ABTC
signature collections, but is unable to implement any of them at this
time. The personal interview and signature collection process is an
integral part of the CBP trusted traveler and U.S. ABTC application
processes and these are done at CBP trusted traveler enrollment centers
located throughout the United States. CBP does not have the facilities
or resources to regularly conduct interviews and collect signatures
outside CBP trusted traveler enrollment centers. Furthermore, in order
to maintain the integrity of the CBP trusted traveler and ABTC
programs, only CBP officers are authorized to conduct interviews,
obtain signatures, and approve applications in the Global On-Line
Enrollment System (GOES). These functions cannot be delegated to the
Department of State or any other entity.
While CBP recognizes that some applicants may find it inconvenient
to travel to the continental United States for their CBP trusted
traveler program interview and U.S. ABTC signature collection, CBP
would like to highlight that there are trusted traveler enrollment
centers located in Hawaii and Guam. Furthermore, CBP is encouraged by
the fact that there has been a steady stream of applicants thus far,
indicating that many people have been able to obtain U.S. ABTCs through
the current system. As of December 2015, nearly 21,000 applications
have been submitted for the U.S. ABTC Program.\4\
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\4\ Source: Email correspondence with CBP's Office of Field
Operations on February 10, 2016.
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2. Appointment Scheduling for Signature Collection
Comment: Two commenters asked CBP to definitively state that an
applicant does not need to schedule an appointment for signature
collection if the applicant is already a member of a CBP trusted
traveler program. Both commenters noted that the FAQs explicitly state
that no appointment is necessary while some of the preamble language in
the IFR suggests otherwise.
Response: Applicants for the U.S. ABTC Program who are already
members of a CBP trusted traveler program do not need to schedule an
appointment for signature collection. Applicants should be aware,
however, that if they arrive at an enrollment center without an
appointment, they may have to wait a considerable length of time before
a CBP officer is able to process their signature. By scheduling an
appointment, applicants can prevent long wait-times and allow for
better time management by CBP officers at enrollment centers. As such,
although appointments are not necessary, they are encouraged.
3. Benefits of the U.S. ABTC Program
Comment: One commenter indicated that the average amount of time a
U.S. ABTC holder saves on account of the expedited entry procedures
associated with the U.S. ABTC Program is greater than anticipated in
the IFR. The commenter noted that the actual benefit to a U.S. ABTC
holder is greater than the average calculated time savings of 43
minutes per trip because travelers can save a significant amount of
time by arriving at the airport later and by catching flights that they
would have otherwise missed if not for the U.S. ABTC Program's fast-
track immigration clearance.
Response: 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. To the extent that
this estimate understates the time saved by U.S. ABTC holders, the
benefits of the rule will be higher. Similarly, to the extent that U.S.
ABTC holders are able to catch flights they would have otherwise missed
due to lengthy immigration waits, the benefits of this rule will be
higher.
4. Self-Certification
Comment: One commenter asked that CBP ease the ``manner for
determining business travel eligibility'' by allowing applicants to
self-certify their status as a business traveler.

[[Page 84405]]

Response: The U.S. ABTC Program already allows for such self-
certification. When applying for the U.S. ABTC, an applicant must
complete and submit an application electronically through the GOES Web
site. During the application process, the applicant is prompted to
self-certify that he or she is a bona fide business person who is
engaged in the trade of goods, the provision of services or the conduct
of investment activities, or is 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. See 8 CFR 235.13(c)(2).

III. Conclusion--Regulatory Amendments

After careful consideration of the comments received, CBP is
adopting the interim regulations published May 13, 2014 as a final rule
with the following two changes. First, CBP is changing the validity
period of U.S. ABTCs from three years to five years based on revisions
in the APEC Framework. Second, CBP is removing all references in the
U.S. ABTC regulation to suspension from the program because CBP does
not use suspension as a remedial action. Further details about these
changes are discussed below. DHS believes that this rule is excluded
from APA rulemaking requirements as a foreign affairs function of the
United States pursuant to 5 U.S.C. 553(a)(1) 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 intent
under the multilateral APEC Framework. Accordingly, these changes are
exempt from notice and comment rulemaking generally required under 5
U.S.C. 553.

A. Change in Validity Period

The IFR provided that 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 terminated by CBP prior to the
end of this period. See 8 CFR 235.13(c)(6). However, the IFR noted that
any subsequent revisions to the APEC Framework that directly affect the
U.S. ABTC may require regulatory changes.\5\
---------------------------------------------------------------------------

\5\ Footnote 11 of the IFR states, ``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''.
---------------------------------------------------------------------------

The most recent version of the APEC Framework (Version 19) extended
the validity period of ABTCs to ``a maximum period of five years''.
(APEC Framework 3.8.1). The Business Mobility Group (BMG), an APEC
working group comprised of representatives from all member economies,
is responsible for updating the APEC Framework. The BMG has indicated
that the ABTC Program is on a trajectory towards requiring a five-year
validity period for all ABTCs. Given the time constraints of some
participating members' domestic procedures, however, the BMG
acknowledges that it may take a significant amount of time for some
members to be able to comply with this expectation. Accordingly,
provision 3.8.1 of the APEC Framework allows for some variability in
validity periods while member economies work towards reaching the goal
of extending the validity period of new ABTCs to five years.
In keeping with the United States' intent to follow APEC's
operating principles and procedures, CBP is changing the validity
period for U.S. ABTCs to five years. Accordingly, CBP is revising 8 CFR
235.13(c)(6) by replacing ``3 years'' with ``five years''. Individuals
who submit a U.S. ABTC application or renewal request on or after
December 23, 2016 will be eligible to receive a U.S. ABTC with a five-
year validity period.\6\ This change in validity period does not apply
to current U.S. ABTC holders, whose cards will remain valid only until
the date printed on their card, subject to earlier revocation by CBP.
---------------------------------------------------------------------------

\6\ If the card holder's passport will expire before the end of
the validity period, CBP will issue the U.S. ABTC with a shorter
validity period that matches the passport expiration date. See 8 CFR
235.13(c)(6).
---------------------------------------------------------------------------

CBP notes that this change in validity period will be beneficial to
many new U.S. ABTC holders, as they will be able to avail themselves of
the program for two additional years. The extension in validity period
will also be beneficial to many U.S. ABTC holders in the event that
Congress extends the APEC Act.\7\ Should the U.S. ABTC Program be
extended, individuals who apply concurrently for the U.S. ABTC and a
CBP trusted traveler program will be able to take advantage of a more
streamlined renewal process. Currently, Global Entry, NEXUS, and SENTRI
memberships are all valid for a period of five years, whereas the U.S.
ABTC Program membership is only valid for three years. Accordingly,
individuals who apply for both programs concurrently must renew their
U.S. ABTCs after three years, then renew their CBP trusted traveler
program membership two years later. By extending the validity period of
the U.S. ABTC to five years, these individuals will be able to initiate
the renewal process for both programs at the same time.
---------------------------------------------------------------------------

\7\ 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, CBP will not issue any new U.S. ABTCs or renew any U.S.
ABTCs after September 30, 2018. U.S. ABTC holders will retain their
membership in the U.S. ABTC Program for the full validity period
(even if the validity period extends past September 30, 2018) unless
membership is revoked earlier.
---------------------------------------------------------------------------

B. Removal of References to Suspension From the Program

Although 8 CFR 235.13(f) addresses situations in which an applicant
may be suspended or removed from the program, CBP no longer uses
suspension as a remedial action. In the event that CBP action is
necessary under 8 CFR 235.13, CBP removes the U.S. ABTC holder from the
program. Accordingly, CBP is removing all references to ``suspension''
and ``suspended'' from Sec. 235.13(f) and from Sec. 235.13 (c), (g),
and (h), which also refer to ``suspension'' and ``suspended''. This
change is also in line with the APEC Framework, which provides for
cancellation but not suspension of ABTCs.

IV. Statutory and Regulatory Requirements

A. Executive Order 13563 and Executive Order 12866

Executive Orders 13563 and 12866 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 is not a ``significant regulatory action,''
under section 3(f) of Executive Order 12866. Accordingly, the Office of
Management and Budget has not reviewed this rule. CBP has prepared the
following analysis to help inform stakeholders of the potential impacts
of this final rule.
1. Synopsis
This rule adopts as final the interim final rule establishing the
U.S. ABTC Program with the following changes: It expands the validity
period for new U.S. ABTCs and it removes all references to

[[Page 84406]]

suspension from the program.\8\ CBP largely adopts the economic
analysis for the U.S. ABTC Program's IFR for this final rule. However,
this final rule analysis incorporates recent changes to the IFR's U.S.
ABTC validity period, applicant projections, application and renewal
burdens, and program impacts.
---------------------------------------------------------------------------

\8\ 79 FR 27167, May 13, 2014.
---------------------------------------------------------------------------

Pursuant to the authorizing statute, the Secretary of Homeland
Security is authorized to set a U.S. ABTC Program fee. CBP has
determined that a $70 fee is necessary to recover its costs of
administering the U.S. ABTC Program.\9\ As shown in Table 1, initial
U.S. ABTC applicants incur the $70 U.S. ABTC fee and 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, individuals who are not already members of such a program need to
concurrently apply for a U.S. ABTC and a CBP trusted traveler program,
and pay the programs' applicable fees. CBP assumes that individuals not
already in a CBP trusted traveler program will choose to join Global
Entry because it, like the U.S. ABTC Program, provides expedited
clearance in the air environment. The application fee for Global Entry
is currently $100.\10\ CBP estimates the opportunity cost to initially
obtain a U.S. ABTC for those who are already members of a CBP trusted
traveler program to be $73.69. CBP estimates the opportunity cost to
initially obtain a U.S. ABTC for individuals who are not members of a
CBP trusted traveler program to be $105.27. Accounting for application
fees and opportunity costs, the total cost of initially obtaining a
U.S. ABTC ranges from almost $144 for U.S. ABTC applicants who are
already in a CBP trusted traveler program to $275 for U.S. ABTC
applicants who are not already in a CBP trusted traveler program, as
shown in Table 1. Table 1 also shows that the costs to renew U.S. ABTCs
are much lower than these initial application costs. CBP will provide
additional details about these estimates later in the analysis.
---------------------------------------------------------------------------

\9\ 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.
\10\ 8 CFR 103.7.
---------------------------------------------------------------------------

The U.S. ABTC Program is a voluntary program that enables card
holders to access fast-track immigration lanes at participating
airports in the 20 other APEC member economies.\11\ 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.\12\ 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 five years (the new validity period of the
U.S. ABTC) for new potential enrollees to determine whether the program
is worthwhile. As discussed later in further detail, CBP estimates that
a U.S. ABTC applicant who is already enrolled in a CBP trusted traveler
program will need to take a minimum of four trips across the U.S.
ABTC's five-year validity period for the benefits of the U.S. ABTC
Program to exceed the costs associated with joining the program.
Additionally, CBP estimates that a U.S. ABTC applicant who is not
already a CBP trusted traveler member will need to take a minimum of
six trips between the United States and an APEC economy over the five-
year validity period for the benefits of the U.S. ABTC Program to
exceed the costs associated with joining the program. Current U.S. ABTC
holders will need to take even fewer trips per year for the benefits of
renewing their program memberships to outweigh the costs.
---------------------------------------------------------------------------

\11\ Asia-Pacific Economic Cooperation, ``Member Economies.''
Available at https://www.apec.org/About-Us/About-APEC/Member-Economies.aspx. Accessed July 8, 2015.
\12\ Based on data from Asia-Pacific Economic Cooperation.
``Reducing Business Travel Costs: The Success of APEC's Business
Mobility Initiatives.'' November 2011. Available at https://publications.apec.org/publication-detail.php?pub_id=1214. Accessed
May 23, 2012.

Table 1--Total Cost by Applicant Type
----------------------------------------------------------------------------------------------------------------
Applicant type Cost category Initial costs Renewal costs
----------------------------------------------------------------------------------------------------------------
U.S. ABTC Applicants Already in U.S. ABTC Fee..... $70.......................... $70
a CBP Trusted Traveler Program. Global Entry Fee * n/a.......................... n/a
U.S. ABTC $73.69 (1.17 hrs)............ $10.53 (0.17 hrs)
Opportunity Cost
[dagger].
------------------------------------------------------------
Total (rounded to nearest .................. $144......................... $81
$1).
U.S. ABTC Applicants Not U.S. ABTC Fee..... $70.......................... $70
Already in a CBP Trusted Global Entry Fee * $100......................... $100
Traveler Program. U.S. ABTC and $105.27 (1.67 hrs)........... $10.53 (0.17 hrs)
Global Entry
Opportunity Cost
[dagger].
------------------------------------------------------------
Total (rounded $275......................... $181
to 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 Program, Global Entry provides
expedited clearance in the air environment.
[dagger] This value is based on the U.S. Department of Transportation's (DOT) guidance regarding the valuation
of travel time for business travelers in 2013 U.S. dollars, adjusted to 2017 U.S. dollars using the DOT's
recommended annual growth rate of one percent. Source: U.S. Department of Transportation, Office of
Transportation Policy. The Value of Travel Time Savings: Departmental Guidance for Conducting Economic
Evaluations Revision 2 (2015 Update). ``Table 4 (Revision 2-corrected): Recommended Hourly Values of Travel
Time Savings.'' 2015. Available at https://www.transportation.gov/sites/dot.gov/files/docs/Revised%20Departmental%20Guidance%20on%20Valuation%20of%20Travel%20Time%20in%20Economic%20Analysis.pdf.
Accessed February 16, 2016.
Note: There are two categories of U.S. ABTC applicants: Those who are already in a CBP trusted traveler program
and those who are not. CBP does not consider the cost of joining a CBP trusted traveler program for those
applicants who are already 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 access fast-track immigration lanes at
participating airports in the 20 other APEC member economies. 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. Additionally,
the U.S. ABTC applicant must be a member in good standing of a CBP
trusted traveler

[[Page 84407]]

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.\13\ Since the publication of the U.S. ABTC IFR, APEC
members (including the United States) endorsed increasing the validity
period of the ABTC to ``a maximum period of five years.'' However,
APEC's BMG has indicated that the ABTC Program is on a trajectory
towards requiring a five-year validity period for all ABTCs. In keeping
with the United States' intent to follow APEC's operating principles
and procedures, CBP is changing the validity period for U.S. ABTCs from
three years to five years (or until the expiration date of the card
holder's passport if that is earlier) through this rule. With this
expansion, the U.S. ABTC's validity period will now match that of CBP's
trusted traveler programs.
---------------------------------------------------------------------------

\13\ As stated in the U.S. ABTC IFR, CBP assumes that a U.S.
ABTC applicant who is not already a member of a CBP trusted traveler
program will concurrently apply for a CBP trusted traveler program
and a U.S. ABTC.
---------------------------------------------------------------------------

Individuals who submit a U.S. ABTC application or renewal request
on or after this final rule's effective date may be eligible to receive
a U.S. ABTC with a five-year validity period. If the card holder's
passport will expire before the end of the five-year validity period,
CBP will issue the U.S. ABTC with a shorter validity period that
matches the passport expiration date. If the card holder's CBP trusted
traveler program membership expires during their U.S. ABTC's validity
period, CBP may revoke the U.S. ABTC since membership in a CBP trusted
traveler program is necessary for the entire duration of the U.S. ABTC.
This change in validity period does not apply to current U.S. ABTC
holders, whose cards will remain valid only until the date printed on
their card, subject to earlier revocation by CBP. Similar to CBP
trusted traveler programs, a U.S. ABTC holder will be required to renew
his or her membership prior to expiration to continue enjoying the
benefits of the program.
3. U.S. ABTC Applicant Categories
There are two categories of initial U.S. ABTC applicants (i.e.,
individuals who are not renewing their U.S. ABTC membership) that CBP
discusses separately in this analysis: Those who are already part of a
CBP trusted traveler program and those who are not. This distinction is
necessary because those applicants who are not already part of a CBP
trusted traveler program will bear an additional opportunity cost and
fee associated with applying for a CBP trusted traveler program to be
eligible for a U.S. ABTC.
a. U.S. ABTC Applicants Who Are Already Members of a CBP Trusted
Traveler Program
If an initial 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; 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 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 pay the U.S. ABTC fee via the
GOES Web site and visit a CBP trusted traveler 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, pay the U.S. ABTC fee, and have their signature
digitally captured at an enrollment center.\14\ These applicants will
also experience a one-hour opportunity cost to travel to and from an
enrollment center and wait to have their signature digitally captured.
For the purposes of this rule, CBP does not consider the costs or
benefits of joining a CBP trusted traveler program as impacts of this
rule for those U.S. ABTC Program applicants who are already members of
a CBP trusted traveler program. These applicants have previously,
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. They have not
chosen to join the U.S. ABTC Program as a direct result of this rule.
---------------------------------------------------------------------------

\14\ 80 FR 1650, January 13, 2015.
---------------------------------------------------------------------------

b. U.S. ABTC Applicants Who Are Not Already Members of a CBP Trusted
Traveler Program
An initial U.S. ABTC 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; 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 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, CBP
includes the costs and benefits for these applicants to join these
programs in this analysis.
CBP anticipates that those initial U.S. ABTC applicants who must
choose a CBP trusted traveler program when applying for the U.S. ABTC
Program will choose to join Global Entry because, like the U.S. ABTC
Program, Global Entry provides expedited clearance in the air
environment. As described in the Global Entry final rule, CBP estimates
that a Global Entry applicant will experience an opportunity cost of 40
minutes to complete the Global Entry application in GOES.\15\ When
concurrently applying for a U.S. ABTC and Global Entry, CBP anticipates
that the U.S. ABTC applicant will be able to complete the Global Entry
application, complete the U.S. ABTC self-certification, schedule their
required Global Entry enrollment interview, pay the program application
fees, and have their signature digitally captured for the U.S. ABTC
Program in the 40 minutes estimated for the Global Entry
application.\16\ Based on the Global Entry final rule, CBP estimates
that Global Entry applicants also applying for a U.S. ABTC will
experience an opportunity cost of one hour to travel to and from a CBP
trusted traveler enrollment center and undergo the required Global
Entry interview.\17\
---------------------------------------------------------------------------

\15\ 77 FR 5681, February 6, 2012.
\16\ 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.
\17\ 77 FR 5681, February 6, 2012.
---------------------------------------------------------------------------

4. Number of U.S. ABTC Applicants
In the U.S. ABTC IFR, CBP projected that 12,750 U.S. citizens would
enroll in the U.S. ABTC Program within the first three years of the
program's start date based on National Center for Asia-

[[Page 84408]]

Pacific Economic Cooperation \18\ estimates.\19\ Between the U.S. ABTC
IFR's effective date in FY 2014 and December 2015, CBP has received
nearly 21,000 initial U.S. ABTC Program applications, exceeding the
IFR's projections.\20\ Based on worldwide ABTC growth, CBP expects to
receive new, initial U.S. ABTC applications past the first three years
of the U.S. ABTC's implementation, which contrasts to the U.S. ABTC
IFR's assumption that initial applicants would occur in only a three-
year period.\21\ To project U.S. ABTC application volumes following
this final rule's implementation, CBP first uses the latest data
available to determine a base value for future applications. During the
first three months of FY 2016 (October 2015 to December 2015), CBP
received 1,163 U.S. ABTC applications that corresponded to current CBP
trusted traveler program members and 2,423 that did not.\22\ CBP then
extrapolates this partial-year data to the full 2016 fiscal year by
multiplying the three-month totals of historical FY 2016 application
data according to the applicant type (1,163 for applicants already in a
CBP trusted traveler program and 2,423 for applicants not already in a
CBP trusted traveler program) and multiplying each of the totals by 4
to account for 12 months, or a full year, of application volumes.
Through this estimation method, CBP finds that 4,652 of the projected
new, initial U.S. ABTC Program applications in FY 2016, the base year,
will correspond to individuals who are already CBP trusted traveler
program members, while 9,692 new, initial U.S. ABTC applications will
correspond to individuals who are not already CBP trusted traveler
program members (see Table 2).\23\ CBP chose to use extrapolated FY
2016 data rather than the FY 2015 statistics as a base for future U.S.
ABTC demand because the partial-year FY 2016 data indicated an increase
in the second year of total U.S. ABTC applications, which is consistent
with CBP expectations of program growth in this time period.
---------------------------------------------------------------------------

\18\ The National Center for Asia-Pacific Economic Cooperation
is a U.S. business association focused on facilitating the private
sector input into the APEC process.
\19\ See https://csis.org/publication/why-us-approval-apec-business-travel-card-matters.
\20\ The total U.S. ABTC applications figure represents
applications received between the U.S. ABTC Program's interim
effective date of June 12, 2014 through December 2015. Source: Email
correspondence with CBP's Office of Field Operations on August 12,
2015 and February 10, 2016.
\21\ According to APEC, the ABTC ``has experienced significant
growth in recent years. The number of active card users in the year
to 30 June 2015 increased by more than 15 per cent, to over 190,000,
compared to around 164,000 in mid-2014.'' Source: Asia-Pacific
Economic Cooperation. ``APEC Business Travel Card to be Extended to
Five Years from 1 September.'' 2015. Available at https://www.apecsec.org.sg/Press/News-Releases/2015/0728_ABTC.aspx. Accessed
March 3, 2016.
\22\ Source: Email correspondence with CBP's Office of Field
Operations on February 10, 2016.
\23\ 1,163 U.S. ABTC applications corresponding to individuals
who are already in a trusted traveler program received during first
three months of fiscal year 2016 x 4 = 4,652. 2,423 U.S. ABTC
applications corresponding to individuals who are not already in a
trusted traveler program received during first three months of
fiscal year 2016 x 4 = 9,692.
---------------------------------------------------------------------------

Given the newness of the U.S. ABTC Program and its subsequently
limited historical data available to establish a specific longer term
growth rate in U.S. ABTC applications, CBP assumes that the total
number of U.S. ABTC applications projected for FY 2016 will remain the
same for FY 2017 and FY 2018. Accordingly, CBP estimates that 4,652
new, initial U.S. ABTC Program applications each year from individuals
who are already CBP trusted traveler program members and 9,692 new,
initial U.S. ABTC applications from individuals who are not already CBP
trusted traveler program members (see Table 2). In accordance with the
U.S. ABTC's authorizing law, CBP does not plan to issue any new U.S.
ABTCs or renew any U.S. ABTCs after September 30, 2018, the end of FY
2018. Unless the law is amended to extend the duration of U.S. ABTC
issuance, all U.S. ABTCs will expire within a five-year validity period
lasting up to September 29, 2023. Therefore, CBP does not forecast any
new applications beyond FY 2018 and assumes that no new U.S. ABTCs will
be issued thereafter for the purposes of this analysis. Table 2
presents the historical and projected initial applications for the U.S.
ABTC Program. As Table 2 shows, CBP estimates that almost 61,000 U.S.
citizens will initially apply for the U.S. ABTC Program during the
period of analysis spanning from FY 2014 through FY 2018, with 21,000
applicants already possessing a CBP trusted traveler program membership
and 40,000 applicants not already CBP trusted traveler program members.
CBP assumes that each application signifies a single, unique applicant.
---------------------------------------------------------------------------

\24\ Although the accompanying U.S. ABTC fee study includes
CBP's costs related to the processing and printing of 5,000 Canadian
ABTCs, CBP excludes these costs from this analysis because Canadian
ABTC enrollees are not members of the U.S. ABTC Program and CBP is
reimbursed for the costs associated with processing their
applications.

Table 2--Historical and Projected Numbers of U.S. ABTC Applicants Already and Not Already in a CBP Trusted
Traveler Program \24\
----------------------------------------------------------------------------------------------------------------
Number of
initial U.S. Number of
ABTC initial U.S.
applicants ABTC applicants Total initial
Fiscal year already in a Not already in U.S. ABTC
CBP trusted a CBP trusted applications
traveler traveler
program program
----------------------------------------------------------------------------------------------------------------
2014 *......................................................... 2,126 2,477 4,603
2015........................................................... 4,976 8,138 13,114
2016 **........................................................ 4,652 9,692 14,344
2017 ***....................................................... 4,652 9,692 14,344
2018 ***....................................................... 4,652 9,692 14,344
------------------------------------------------
Total...................................................... 21,058 39,691 60,749
----------------------------------------------------------------------------------------------------------------
* Partial year of historical data spanning from the U.S. ABTC Program's effective date of June 12, 2014 to the
end of FY 2014.
** Estimate based on historical data spanning from start of October 2015 to December 2015 and data extrapolated
for the remaining months of FY 2016.
*** Projection.

[[Page 84409]]

Although CBP received nearly 21,000 initial U.S. ABTC applications
between June 2014 and December 2015, the agency only processed around
18,000 applications during that time period. Of those applications
processed, CBP approved 88 percent on average.\25\ During FY 2016, and
before the implementation of this final rule and its establishment of a
new U.S. ABTC validity period in FY 2017, CBP assumes that the agency
will process the backlog of U.S. ABTC Program applications as well as
new applications submitted in FY 2016. This would result in the
processing of 17,370 initial U.S. ABTC applications in FY 2016. CBP
also assumes that the agency will approve 88 percent of these
applications, which would bring the total U.S. ABTC Program membership
up to 28,303 by the end of FY 2016 (see Table 3). For initial U.S. ABTC
applications received from FY 2017 to FY 2018, CBP assumes that it
would maintain a processing rate equal to its projected application
rate, with 14,344 U.S. ABTC applications received and processed each
year. Among the projected applications processed between FY 2017 and FY
2018, CBP believes that 88 percent will receive approvals based on the
historical U.S. ABTC application approval rate. Thus, about 25,000 new
individuals will become members of the U.S. ABTC Program from FY 2017
to FY 2018, as Table 3 illustrates. CBP assumes that these 25,000
individuals will generally receive U.S. ABTCs with five-year validity
rates and maintain their program membership for the full validity
period.
---------------------------------------------------------------------------

\25\ From June 2014 through December 2015, CBP approved 15,854
U.S. ABTC applications and denied 2,166 U.S. ABTC applications, for
an approval rate of 88 percent. Source: Email correspondence with
CBP's Office of Field Operations on August 12, 2015 and February 10,
2016.

Table 3--Projected Number of Initial U.S. ABTC Membership Approvals and Denials
----------------------------------------------------------------------------------------------------------------
Number of
initial U.S.
ABTC Number of
applications initial U.S. Total initial
Fiscal year approved ABTC U.S. ABTC
(i.e., new applications applications
U.S. ABTC denied processed
program
members)
----------------------------------------------------------------------------------------------------------------
2014 *......................................................... 2,619 273 2,892
2015........................................................... 10,398 1,401 11,799
2016 **........................................................ 15,286 2,084 17,370
2017 ***....................................................... 12,623 1,721 14,344
2018 ***....................................................... 12,623 1,721 14,344
------------------------------------------------
Total...................................................... 53,549 7,200 60,749
----------------------------------------------------------------------------------------------------------------
* Partial year of historical data spanning from the U.S. ABTC Program's effective date of June 12, 2014 to the
end of FY 2014.
** Estimate based on historical data spanning from start of October 2015 to December 2015 and data extrapolated
for the remaining months of FY 2016.
*** Projection.
Note: Estimates may not sum to total due to rounding.

Without complete data on the number of approved U.S. ABTC
applications that corresponded to existing CBP trusted traveler program
members, CBP assumes that all of the U.S. ABTC applications submitted
between FY 2014 and FY 2018 from individuals already in a CBP trusted
traveler program will correspond to an approved application in those
respective application years. CBP assumes this because these applicants
have already been approved for a trusted traveler program (see Table
2). The remaining U.S. ABTC applications approved during the period of
analysis will correspond to individuals who concurrently applied, or
will concurrently apply, for the U.S. ABTC program and a CBP trusted
traveler program. Table 4 summarizes the number of new, initial U.S.
ABTC applications approved according to applicants' CBP trusted
traveler membership statuses. As illustrated, CBP estimates that 21,000
initial U.S. ABTC members are expected to already be CBP trusted
traveler program members prior to applying for a U.S. ABTC between FY
2014 and FY 2018, while 32,000 are not expected to be current members
of a CBP trusted traveler program during that period (see Table 4).

Table 4--Projected Number of U.S. ABTC Applications Approved for Members Already and Not Already in a CBP
Trusted Traveler Program
----------------------------------------------------------------------------------------------------------------
Number of Number of
initial U.S. initial U.S. Total initial
ABTC ABTC U.S. ABTC
applications applications applications
approved for approved for approved
Fiscal year members members Not (i.e., U.S.
already in a already in a ABTC program
CBP trusted CBP trusted members) (from
traveler traveler Table 3)
program program
----------------------------------------------------------------------------------------------------------------
2014 *......................................................... 2,126 493 2,619
2015........................................................... 4,976 5,422 10,398
2016 **........................................................ 4,652 10,634 15,286

[[Page 84410]]

2017 ***....................................................... 4,652 7,971 12,623
2018 ***....................................................... 4,652 7,971 12,623
------------------------------------------------
Total...................................................... 21,058 32,491 53,549
----------------------------------------------------------------------------------------------------------------
* Partial year of historical data spanning from the U.S. ABTC Program's effective date of June 12, 2014 to the
end of FY 2014.
** Estimate based on historical data spanning from start of October 2015 to December 2015 and data extrapolated
for the remaining months of FY 2016.
*** Projection.
Note: Estimates may not sum to total due to rounding.

As previously mentioned, the statute authorizing U.S. ABTC issuance
currently expires at the end of FY 2018. Consistent with the U.S. ABTC
IFR, CBP estimates that the 2,619 members approved for the U.S. ABTC
Program in FY 2014 will renew their memberships in FY 2017 upon the
expiration of their three-year validity periods (see Table 4).
Likewise, CBP estimates that the 10,398 members approved for the U.S.
ABTC Program in FY 2015 will renew their memberships in FY 2018 upon
the expiration of their three-year validity periods (see Table 4). For
continued program use after FY 2018, CBP estimates that the 15,286 U.S.
ABTC applicants approved in FY 2016 will renew their U.S. ABTC Program
memberships in FY 2018 before their initial U.S. ABTC validity periods
end (see Table 4). As stated in the U.S. ABTC IFR, it is possible that
individuals initially approved for the U.S. ABTC Program will change to
a job function that does not require conducting APEC business, making
them ineligible for a U.S. ABTC. 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. Due
to the short timeframe between this final rule's implementation and the
expiration of the U.S. ABTC Program, CBP does not believe that
individuals who enroll in the U.S. ABTC Program between FY 2017 and FY
2018 will renew their memberships during the period of analysis. This
is because CBP thinks it is unlikely that these individuals will incur
U.S. ABTC application fees and time costs to get less than two years of
additional U.S. ABTC use.
Table 5 shows the projected number of U.S. ABTC members who will
renew their U.S. ABTC Program memberships during the period of analysis
according to their current CBP trusted traveler program membership
status. As illustrated, all 28,303 U.S. ABTC applicants approved for
memberships prior to FY 2017 will renew their U.S. ABTC memberships by
FY 2018's end. In accordance with this rule's extended U.S. ABTC
validity period, these members will generally receive U.S. ABTCs that
will expire within a five-year validity period lasting up to September
29, 2023. 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 5. Note that renewals are not
forecasted beyond FY 2018 because the statute authorizing the U.S. ABTC
expires at the end of that year.

Table 5--Projected Number of U.S. ABTC Program Membership Renewals for Members Already and Not Already in a CBP
Trusted Traveler Program
----------------------------------------------------------------------------------------------------------------
Number of U.S.
Number of U.S. ABTC renewals
ABTC renewals from members
from members Not previously Total U.S.
Fiscal year previously in in a CBP ABTC renewals
a CBP trusted trusted
traveler traveler
program program
----------------------------------------------------------------------------------------------------------------
2014........................................................... .............. ............... ..............
2015........................................................... .............. ............... ..............
2016 **........................................................ .............. ............... ..............
2017 ***....................................................... 2,126 493 2,619
2018 ***....................................................... 9,628 16,056 25,684
------------------------------------------------
Total...................................................... 11,754 16,549 28,303
----------------------------------------------------------------------------------------------------------------
** Estimate based on historical data spanning from start of October 2015 to December 2015 and data extrapolated
for the remaining months of FY 2016.
*** Projection.
Note: Estimates may not sum to total due to rounding.

[[Page 84411]]

5. Costs
CBP has determined that a $70 fee is necessary to recover its 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.\26\ In addition to the U.S. ABTC fee, initial U.S. ABTC
applicants will also experience an opportunity cost associated with
obtaining a U.S. ABTC. As previously discussed, CBP estimates that new,
initial U.S. ABTC applicants who are already members of a CBP trusted
traveler program will experience a 1 hour and 10-minute (70-minute)
application-related opportunity cost, while U.S. ABTC applicants who
are not already members of a CBP trusted traveler program will
experience a 1 hour and 40-minute (100-minute) application-related
opportunity cost. U.S. ABTC applicants who are not already members of a
CBP trusted traveler program are required to pay another fee to join
the U.S. ABTC Program--the $100 application fee associated with the
Global Entry program.\27\ The Department of Transportation's guidance
on the valuation of travel time for air passengers estimates a business
traveler's value to be $63.16 per hour.\28\ Using this estimate as well
as the opportunity cost and fees just described, CBP estimates that it
will cost a new, initial U.S. ABTC applicant who is already a CBP
trusted traveler program member approximately $144 to join the U.S.
ABTC Program.\29\ For new, initial U.S. ABTC applicants who are not
already members of a CBP trusted traveler program, CBP estimates that
it will cost approximately $275 to join the U.S. ABTC Program.\30\ By
applying the U.S. ABTC applicant projections according to CBP trusted
traveler program membership statuses (see Table 2) to their respective
U.S. ABTC application costs ($144 for applicants already in a CBP
trusted traveler program and $275 for applicants not already in a CBP
trusted traveler program), CBP finds that new, initial U.S. ABTC
applicants have incurred or will incur undiscounted costs totaling
$13.9 million during this rule's period of analysis (see Table 6).
---------------------------------------------------------------------------

\26\ The Asia-Pacific Economic Cooperation Business Travel Card
Fee Study is posted in the docket for this rulemaking on
www.regulations.gov.
\27\ As previously discussed, CBP anticipates U.S. ABTC
applicants who are not already members of a CBP trusted traveler
program will join the Global Entry program.
\28\ As previously mentioned, this value is based on the U.S.
Department of Transportation's (DOT) guidance regarding the
valuation of travel time for business travelers in 2013 U.S.
dollars, adjusted to 2017 U.S. dollars using the DOT's recommended
annual growth rate of one percent. Source: U.S. Department of
Transportation, Office of Transportation Policy. The Value of Travel
Time Savings: Departmental Guidance for Conducting Economic
Evaluations Revision 2 (2015 Update). ``Table 4 (Revision 2-
corrected): Recommended Hourly Values of Travel Time Savings.''
2015. Available at https://www.transportation.gov/sites/dot.gov/files/docs/Revised%20Departmental%20Guidance%20on%20Valuation%20of%20Travel%20Time%20in%20Economic%20Analysis.pdf. Accessed February 16, 2016.
\29\ $63.16 x (70 minutes/60 minutes per hour) = $73.69; $73.69
+ $70 U.S. ABTC fee = $143.69, or $144 when rounded to the nearest
dollar. CBP estimates that U.S. ABTC applicants who are already 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 1 hour (60 minutes) to travel to
and from an enrollment center and wait to have their signature
digitally captured. In total, CBP estimates U.S. ABTC applicants who
are already members of a CBP trusted traveler program will
experience an opportunity cost of 70 minutes with this rule.
\30\ $63.16 x (100 minutes/60 minutes per hour) = $105.27;
$105.27 + $100 Global Entry program fee + $70 U.S. ABTC fee =
$275.27, or $275 when rounded to the nearest dollar. CBP estimates
that U.S. ABTC applicants who are not already in a CBP trusted
traveler program will experience an opportunity cost of 40 minutes
to complete the Global Entry application and the U.S. ABTC self-
certification, schedule their required Global Entry enrollment
interview, pay the program application fees, and have their
signature digitally captured for the U.S. ABTC Program.
Additionally, CBP estimates these applicants will experience an
opportunity cost of 1 hour (60 minutes) to travel to and from an
enrollment center and complete the interview for Global Entry. In
total, CBP estimates U.S. ABTC applicants who are not already
members of a CBP trusted traveler program will experience an
opportunity cost of 100 minutes with this rule.

Table 6--U.S. ABTC Program Application Costs to New, Initial Applicants
[Undiscounted]
----------------------------------------------------------------------------------------------------------------
Total Total
Number of application Number of application
initial U.S. cost for U.S. initial U.S. cost for U.S.
ABTC applicants ABTC ABTC applicants ABTC
Fiscal year already in a applicants Not already in applicants Not
CBP trusted already in a a CBP trusted already in a
traveler CBP trusted traveler CBP trusted
program traveler program traveler
program program
(A) ($144 x A) (B) ($275 x B)
----------------------------------------------------------------------------------------------------------------
2014.......................................... 2,126 $306,144 2,477 $681,175
2015.......................................... 4,976 716,544 8,138 2,237,950
2016.......................................... 4,652 669,888 9,692 2,665,300
2017.......................................... 4,652 669,888 9,692 2,665,300
2018.......................................... 4,652 669,888 9,692 2,665,300
-----------------------------------------------------------------
Total..................................... 21,058 3,032,352 39,691 10,915,025
----------------------------------------------------------------------------------------------------------------

As mentioned earlier, CBP estimates that 28,303 U.S. ABTC
applicants approved for memberships prior to FY 2017 will successfully
renew their U.S. ABTC memberships by FY 2018's end (see Table 5).
However, these members will incur different renewal costs according to
their initial CBP trusted traveler program membership status. U.S. ABTC
members already in a CBP trusted traveler program must complete the
U.S. ABTC application (i.e., a self-certification) and pay the U.S.
ABTC fee using GOES to renew their U.S. ABTC membership. These members
will spend an estimated 10 minutes completing such renewal steps, at an
opportunity cost of $10.53 per renewal.\31\ This contrasts to the IFR's
analysis, which assumed that individuals would incur the same time
burden when initially

[[Page 84412]]

applying for or renewing a U.S. ABTC. Because the U.S. ABTC Program's
initial digital signature capture requirement is generally not
necessary for program membership renewal, CBP no longer believes that
the time burdens to apply for and renew U.S. ABTC applications are the
same. With U.S. ABTC renewals, members will not have to travel to a CBP
trusted traveler enrollment center to have their signature digitally
captured, thus decreasing their renewal burden assumed in the IFR.
Along with the $10.53 renewal opportunity cost, U.S. ABTC applicants
who were already members of a CBP trusted traveler program will be
required to pay the $70 U.S. ABTC fee upon membership renewal, for a
total U.S. ABTC renewal cost of approximately $81.\32\ Note that CBP
does not consider the costs for current CBP trusted traveler program
members to renew their CBP trusted traveler program memberships because
they would presumably incur those costs even in the absence of this
rule.
---------------------------------------------------------------------------

\31\ $63.16 hourly time for business traveler x (10 minutes/60
minutes per hour) = $10.53.
\32\ $10.53 opportunity cost to renew U.S. ABTC Program
membership + $70 U.S. ABTC fee = $80.53, or $81 when rounded to the
nearest dollar.
---------------------------------------------------------------------------

Although CBP's trusted traveler program and U.S. ABTC Program
validity periods previously differed (five years vs. three years for
memberships approved before FY 2017), CBP continues to assume for the
simplicity of this analysis that U.S. ABTC applicants who joined a CBP
trusted traveler program exclusively for the ability to obtain a U.S.
ABTC will concurrently renew their U.S. ABTC and trusted traveler
program memberships during the period of analysis. As such, CBP
believes that to renew their U.S. ABTC memberships, U.S. ABTC members
not previously in a CBP trusted traveler program will concurrently
complete the U.S. ABTC application (i.e., a self-certification), Global
Entry renewal, and pay the U.S. ABTC and Global Entry fees using GOES.
These members will spend an estimated 10 minutes completing such
renewal steps, at an opportunity cost of $10.53 per renewal.\33\ This
burden contrasts to the IFR's analysis, which assumed that individuals
would incur the same time burden when initially applying for or
renewing a U.S. ABTC. Because the initial CBP trusted traveler program
interview and the U.S. ABTC Program's digital signature capture
requirements are generally not necessary for program membership
renewals, CBP no longer believes that the time burdens to apply for and
renew U.S. ABTC applications are the same. With U.S. ABTC renewals,
members will not have to travel to a CBP trusted traveler enrollment
center to have their signature digitally captured or undergo another
interview, thus decreasing their renewal burden assumed in the IFR.
Individuals concurrently renewing their U.S. ABTC and Global Entry
memberships will also be required to pay the $70 U.S. ABTC fee and the
$100 fee associated with the Global Entry program, for a total U.S.
ABTC and Global Entry membership renewal cost of about $181.\34\
---------------------------------------------------------------------------

\33\ $63.16 hourly time for business traveler x (10 minutes/60
minutes per hour) = $10.53.
\34\ $10.53 opportunity cost to concurrently renew U.S. ABTC and
Global Entry Program memberships + $100 Global Entry program fee +
$70 U.S. ABTC fee = $180.53, or $181 when rounded to the nearest
dollar.
---------------------------------------------------------------------------

By applying the U.S. ABTC renewal projections according to CBP
trusted traveler program membership statuses (see Table 5) to their
respective U.S. ABTC membership renewal costs ($81 for applicants
already in a CBP trusted traveler program and $181 for applicants not
already in a CBP trusted traveler program), CBP finds that U.S. ABTC
Program members will incur a total undiscounted cost of $3.9 million to
renew their memberships during the period of analysis (see Table 7).

Table 7--U.S. ABTC Program Renewal Costs to Members
[Undiscounted]
----------------------------------------------------------------------------------------------------------------
Number of Total renewal Number of Total renewal
renewals from cost for renewals from cost from
members members members Not members Not
Fiscal year previously in a previously in previously in a previously in
CBP trusted a CBP trusted CBP trusted a CBP trusted
traveler traveler traveler traveler
program program program program
(A) ($81 x A) (B) ($181 x B)
----------------------------------------------------------------------------------------------------------------
2014.......................................... ............... .............. ............... ..............
2015.......................................... ............... .............. ............... ..............
2016.......................................... ............... .............. ............... ..............
2017.......................................... 2,126 $172,206 493 $89,233
2018.......................................... 9,628 779,868 16,056 2,906,136
-----------------------------------------------------------------
Total..................................... 11,754 952,074 16,549 2,995,369
----------------------------------------------------------------------------------------------------------------

Accounting for initial application and renewal costs, the total
undiscounted cost of this rule is $17.9 million. In present value
terms, the overall cost of this rule will range from approximately
$18.1 million to $18.3 million from FY 2014 to FY 2018 (see Table 8).
The total annualized cost of this rule over the period of analysis will
equal between $3.4 million and $3.5 million. These estimates vary
according to the discount rate applied.

Table 8--Total Cost of Rule, FY 2014-FY 2018
[2017 U.S. dollars]
------------------------------------------------------------------------
3% Discount 7% Discount
rate rate
------------------------------------------------------------------------
Present Value Cost...................... $18,061,855 $18,319,248

[[Page 84413]]

Annualized Cost......................... 3,504,094 3,408,535
------------------------------------------------------------------------

6. Benefits
As stated earlier, the U.S. ABTC Program will enable card holders
to access fast-track immigration lanes at participating airports in the
20 other APEC member economies. Although the ABTC Program is relatively
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).\35\ The APEC Report quantified seven key performance
indicators, one of which quantifies the time savings an ABTC holder
receives by using its fast-track immigration lanes. As shown in Table
9, the time savings each member economy's ABTC holders receive can vary
greatly. Like in the U.S. ABTC IFR, 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. To the
extent that our estimate understates the time saved by U.S. ABTC
holders, the benefits of the rule will be higher. Similarly, to the
extent that U.S. ABTC holders are able to catch flights they would have
otherwise missed due to lengthy immigration waits, the benefits of this
rule will be higher.
---------------------------------------------------------------------------

\35\ Asia-Pacific Economic Cooperation. ``Reducing Business
Travel Costs: The Success of APEC's Business Mobility Initiatives.''
November 2011. Available at https://publications.apec.org/publication-detail.php?pub_id=1214. Accessed May 23, 2012.

Table 9--Key Performance Indicator 4--Total Time Savings Clearing Immigration at the Border by ABTC Holders
----------------------------------------------------------------------------------------------------------------
Average time Total time
savings/ABTC ABTC holders savings by
Economy holder (2011) ABTC holders
(minutes) (minutes)
----------------------------------------------------------------------------------------------------------------
Australia....................................................... 46.52 24,286 1,129,713
Brunei Darussalam............................................... 32.81 43 1,411
Chile........................................................... 49.33 416 20,520
China........................................................... 38.74 3,895 150,882
Hong Kong China................................................. 26.28 10,659 280,137
Indonesia....................................................... 60.2 1,495 90,003
Japan........................................................... 51.49 2,541 130,840
South Korea..................................................... 43.26 8,422 364,351
Malaysia........................................................ 66.19 4,140 274,043
Mexico.......................................................... 103.51 185 19,149
New Zealand..................................................... 48.11 6,538 314,527
Papua New Guinea................................................ 27.03 22 595
Peru............................................................ 40.78 1,277 52,082
Philippines..................................................... 45.22 476 21,525
Singapore....................................................... 64.15 8,137 522,013
Thailand........................................................ 28.94 5,564 161,006
Vietnam......................................................... 24.29 8,730 212,011
-----------------------------------------------
Total....................................................... n/a 86,826 3,744,808
Weighted Average............................................ 43.13 n/a n/a
----------------------------------------------------------------------------------------------------------------
Source: Asia-Pacific Economic Cooperation. ``Reducing Business Travel Costs: The Success of APEC's Business
Mobility Initiatives.'' October 2011. Available at https://publications.apec.org/publication-detail.php?pub_id=1214. Accessed May 23, 2012.

As previously discussed, the DOT's guidance regarding the valuation
of travel time estimates a business air traveler's value to be $63.16
per hour. Using this hourly time value and the 43 minutes in time
savings from the ABTC per trip, CBP estimates each U.S. ABTC holder
will save approximately $45 per visit to an APEC member economy.\36\ In
addition to the time savings per trip to an APEC member economy, CBP
estimates a new, initial U.S. ABTC applicant who is not already a CBP
trusted traveler member will also save an additional 7 minutes on net,
or $7 in opportunity costs, by using a Global Entry kiosk for expedited
CBP clearance upon returning to the United States from an APEC
economy.\37\
---------------------------------------------------------------------------

\36\ $63.16 x (43 minutes/60 minutes per hour) = $45.26, or $45
when rounded to the nearest dollar.
\37\ $63.16 x (7 minutes/60 minutes per hour) = $7.37, or $7
when rounded to the nearest dollar. Source: 77 FR 5681, February 6,
2012.
---------------------------------------------------------------------------

7. Net Benefits
Because participation in the U.S. ABTC Program is voluntary, the
perceived benefits of its reduced wait times have to equal or exceed
the cost of the program over five years for potential enrollees to
determine whether or not the program is worthwhile to join. As
previously discussed, CBP estimates that each U.S. ABTC holder will
save approximately $45 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

[[Page 84414]]

take to an APEC member economy, CBP can estimate the minimum number of
trips a U.S. ABTC holder will have to take over the five-year U.S. ABTC
validity period for the benefits of initial U.S. ABTC membership to
equal or exceed the costs of initially obtaining a U.S. ABTC by using
the estimated savings per trip ($45) previously described. CBP
estimates that a new, initial U.S ABTC applicant who is already
enrolled in a CBP trusted traveler program will need to take a minimum
of four trips between the United States and an APEC member economy over
five years for the benefits of the U.S. ABTC Program to exceed the
costs associated with joining the program.\38\ Accounting for the $45
in time savings per trip to an APEC member economy and the $7 in time
savings by using a Global Entry kiosk for expedited CBP clearance upon
returning to the United States from an APEC economy, CBP estimates that
a new, initial U.S. ABTC applicant who is not already a CBP trusted
traveler member will need to take a minimum of six trips between the
United States and an APEC member economy over five years for the
benefits of the U.S. ABTC Program to exceed the costs associated with
joining the program and Global Entry.\39\ Current U.S. ABTC holders
will need to take even fewer trips per year for the benefits of
renewing their program memberships to outweigh the costs.
---------------------------------------------------------------------------

\38\ (Rounded) $143 U.S. ABTC opportunity cost and fee/$45
savings per trip = 3.2 trips.
\39\ (Rounded) $45 fast-track immigration clearance savings + $7
expedited CBP clearance savings from Global Entry = $52 U.S. ABTC
holder savings; (Rounded) $274 U.S. ABTC and Global Entry
opportunity cost and fees/$52 U.S. ABTC holder savings = 5.3 trips.
---------------------------------------------------------------------------

B. The Regulatory Flexibility Act

This section examines the impact of the rule on small entities as
required by the Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), as
amended by the Small Business Regulatory Enforcement 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. Therefore, CBP has considered the
impact of this rule on small entities.
The U.S. ABTC Program is voluntary and has an initial application
cost of approximately $144 if a U.S. ABTC applicant is a current member
of a CBP trusted traveler program or approximately $275 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 that it is possible that a
substantial number of small entities will be impacted by this
regulation. However, CBP does not believe an application cost of either
$144 or $275, depending on whether a U.S. ABTC applicant is currently
enrolled in a CBP trusted traveler program, constitutes a significant
economic impact. Moreover, as previously discussed, each U.S. ABTC
holder will save approximately 43 minutes, or approximately $45 in
opportunity costs, per trip, while new, initial U.S. ABTC applicants
who are not already CBP trusted traveler members will also save an
additional 7 minutes on net, or $7 in opportunity costs, by using a
Global Entry kiosk for expedited CBP clearance upon returning to the
United States from an APEC economy. U.S. ABTC Program members can
dedicate these time savings to productive, APEC business-related use.
After approximately four or six trips to an APEC member economy, the
benefits of an ABTC will exceed the full cost of obtaining a U.S. ABTC
(fees + opportunity costs). CBP also notes that a one-time expense of
$144 or $275, depending on whether the U.S. ABTC applicant is already
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. CBP received no public comments challenging this
certification.

C. Unfunded Mandates Reform Act of 1995

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

D. Executive Order 13132

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

E. Paperwork Reduction Act

The collections of information in this document will be submitted
for 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. The
revisions to OMB clearance 1651-0121 for the U.S. ABTC Program
application \40\ reflect the following changes:
---------------------------------------------------------------------------

\40\ Source: U.S. Department of Homeland Security, Customs and
Border Protection. Supporting Statement for Paperwork Reduction Act
Submission: 1651-0121, Trusted Traveler Programs and U.S. APEC
Business Travel Card. September 2015. Available at https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=201509-1651-002.
Accessed March 29, 2016.
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U.S. ABTC Applications: \41\
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\41\ CBP estimates that a total of 14,344 applicants will
initially apply for U.S. ABTC Program membership each year (see
``Executive Order 13563 and Executive Order 12866'' section, Table
2-- ``Total Initial U.S. ABTC Applications'' in FY 2017). However,
as described in the ``Executive Order 13563 and Executive Order
12866'' section above, an estimated 4,652 of these applicants will
already be current CBP trusted traveler program members, while 9,692
will not. Because the U.S. ABTC Program application requirements
differ according to an applicant's CBP trusted traveler program
membership status, the U.S. ABTC application time burdens for
individuals will differ. The estimated 4,652 U.S. ABTC applicants
who are already CBP trusted traveler program members will incur a
time burden of 10 minutes to complete the U.S. ABTC self-
certification and have their signature digitally captured at a CBP
trusted traveler enrollment center for their U.S. ABTC application.
These U.S. ABTC application estimates account for the 4,652
individuals who are already in a CBP trusted traveler program and
their related U.S. ABTC application burdens. CBP considers the
remaining additional burden to the 9,692 individuals who will
concurrently apply for an initial U.S. ABTC and a CBP trusted
traveler program membership in the following ``Global Entry
Applications'' estimates. Additionally, CBP estimates that a total
of 2,619 existing U.S. ABTC Program members will choose to renew
their U.S. ABTC memberships and Global Entry memberships (if they
were not already in a CBP trusted traveler program at the time of
their initial ABTC application) (see ``Executive Order 13563 and
Executive Order 12866'' section, Table 5-- ``Total U.S. ABTC
Renewals'' in FY 2017). For the purposes of this information
collection, CBP includes the renewal figures in the overall U.S.
ABTC application estimates because the burden for initial U.S. ABTC
Program application and renewal are both assumed to be 10 minutes.

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[[Page 84415]]

Increase in estimated number of annual respondents: 1,643.
Increase in estimated number of annual responses: 1,643.
Estimated average time burden per response: 10 minutes (0.17
hours).
Increase in estimated total annual time burden: 279 hours.
Initial U.S. ABTC applicants who join Global Entry to meet a U.S.
ABTC Program membership requirement increased the number of Global
Entry applications and burden hours as follows:
Global Entry Applications: \42\
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\42\ Individuals interested in joining the U.S. ABTC Program who
are not already CBP trusted traveler members will need to initially
apply for a CBP trusted traveler program membership to meet one of
the U.S. ABTC Program's membership requirements. CBP estimates that
the 9,692 initial applicants who are not already in a CBP trusted
traveler program will concurrently apply for the U.S. ABTC Program
and CBP's Global Entry trusted traveler program, incurring a 40-
minute time burden to complete the Global Entry application,
complete the U.S. ABTC self-certification, schedule their required
Global Entry enrollment interview, pay the program application fees,
and have their signature digitally captured for the U.S. ABTC
Program. These initial Global Entry application estimates account
for the 9,692 individuals who are not already in a CBP trusted
traveler program and their related U.S. ABTC application burdens.
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Increase in estimated number of annual respondents: 2,099.
Increase in estimated number of annual responses: 2,099.
Estimated average time burden per response: 40 minutes (0.67
hours).
Increase in estimated total annual time burden: 1,407 hours.
Approved U.S. ABTC members who joined Global Entry for their U.S.
ABTC Program membership also increased the Global Entry kiosk usage
rate and burden hours through their use of the kiosks for expedited CBP
clearance upon returning to the United States from an APEC economy. The
additional Global Entry kiosk burden hours directly resulting from the
U.S. ABTC Program are as follows:
Global Entry Kiosk Use: \43\
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\43\ CBP now estimates that by the end of FY 2017, 24,520
individuals who were not already members of a CBP trusted traveler
program will become joint members of the U.S. ABTC Program and
Global Entry (see ``Executive Order 13563 and Executive Order
12866'' section, Table 4-- ``Number of Initial U.S. ABTC
Applications Approved for Members Not Already in a CBP Trusted
Traveler Program'' in FY 2014-FY 2017). Due to data limitations, CBP
assumes that these 24,520 U.S. ABTC Program members will use Global
Entry kiosks twice per year as this is the minimum number of annual
trips one of these members would have to take for the benefits of
joining the U.S. ABTC Program to outweigh its costs. This translates
to an additional 49,040 kiosk responses per year. These Global Entry
kiosk use estimates account for the 49,040 kiosk responses and the
related burdens.
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Increase in estimated number of annual respondents: 11,106.
Increase in estimated number of annual responses: 22,212.
Estimated average time burden per response: 1 minute (0.016 hours).
Increase in estimated total annual time burden: 356 hours.

F. Privacy

DHS will ensure that all Privacy Act requirements and policies are
adhered to in the implementation of this rule. In this regard, DHS has
updated the Privacy Impact Assessment for the Global Enrollment System
(GES) on November 1, 2016, which fully outlines processes to ensure
compliance with Privacy Act protections relevant to this rule. See
https://www.dhs.gov/sites/default/files/publications/privacy-pia-cbp-ges-november2016.pdf.

VII. 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 in 8 CFR Part 235

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

Amendments to Regulations

For the reasons set forth in the preamble, the IFR amending 8 CFR
103.7(b)(1)(ii)(N) and adding a new section 235.13, which was published
at 79 FR 27161 on May 13, 2014, is adopted as final with the following
changes:

PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

0
1. The authority citation for part 235 continues to read as follows: 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); Public Law 112-54.

Sec. 235.13 [Amended]

0
2. Amend Sec. 235.13 as follows:
0
a. In paragraph (c)(6), first sentence, remove the number ``3'' and add
in its place the word ``five'' and remove the words ``suspended or'';
0
b. Revise the paragraph (f) subject heading to read ``Denial and
removal'';
0
c. In paragraph (f)(2) introductory text, first sentence, remove the
words ``suspended or'';
0
d. In paragraph (f)(3), first and second sentences, remove the words
``suspension or'';
0
e. In paragraph (f)(4), remove ``, suspended,'';
0
f. In paragraph (g)(1), remove all occurrences of the phrase ``denial,
suspension or removal'' and add in its place ``denial or removal'' and
remove the words ``date of suspension or removal'' and add in their
place ``date of removal'';
0
g. In paragraph (g)(2), remove the phrase ``denial, suspension or
removal'' and add in its place ``denial or removal''; and
0
h. In paragraph (h), second sentence, remove the words ``suspended
or''.

Dated: November 17, 2016.
Jeh Charles Johnson,
Secretary.
[FR Doc. 2016-28177 Filed 11-22-16; 8:45 am]
BILLING CODE 9111-14-P

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