Harmonization of the Fees and Application Procedures for the Global Entry and SENTRI Programs and Other Changes, 22607-22630 [2024-06851]

Download as PDF 22607 Rules and Regulations Federal Register Vol. 89, No. 64 Tuesday, April 2, 2024 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF HOMELAND SECURITY 8 CFR Parts 103 and 235 [Docket No. USCBP–2020–0035] RIN 1651–AB34 CBP Dec. No. 24–08 Harmonization of the Fees and Application Procedures for the Global Entry and SENTRI Programs and Other Changes U.S. Customs and Border Protection (CBP), Department of Homeland Security (DHS). ACTION: Final rule. AGENCY: This final rule amends DHS regulations regarding two CBP trusted traveler programs: Global Entry and Secure Electronic Network for Travelers Rapid Inspection (SENTRI). CBP is amending regulations to make the Global Entry and SENTRI application fees uniform, provide a uniform standard regarding payment of the Global Entry and SENTRI application fees for minors, change the fee payment schedule and certain aspects of the application process for SENTRI, and incorporate SENTRI-specific regulations into DHS regulations. CBP is also amending regulations to address Global Entry expansion to preclearance facilities and eliminate the dedicated commuter lane systems cost fee. DATES: This rule is effective October 1, 2024. FOR FURTHER INFORMATION CONTACT: Rafael E. Henry, Branch Chief, Office of Field Operations, (202) 344–3251, Rafael.E.Henry@cbp.dhs.gov. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with RULES SUMMARY: Table of Contents I. Background A. Notice of Proposed Rulemaking B. Adoption of Proposed Changes as Final II. Summary of Changes to the Global Entry and SENTRI Programs A. Harmonizing the CBP Trusted Traveler Programs VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 1. Harmonization of the Global Entry and SENTRI Fees 2. Exemption of Certain Minors From Payments of the Application Fee B. Establishment of New Regulation for the SENTRI Program C. Additional Changes to the SENTRI Program 1. Changes to the Fee Payment Schedule for the SENTRI Program 2. Requirement for Electronic Submission of the SENTRI Program Application and Payment of Fees D. Additional Changes to the Global Entry Program 1. 8 CFR 235.12(g) 2. 8 CFR 235.12(h) 3. Other Amendments to 8 CFR 235.12 E. Conforming Amendment to 8 CFR 103.7 III. Discussion of Comments Submitted in Response to the NPRM Proposing Changes To Harmonize the Global Entry and SENTRI Programs A. Overview B. Discussion of Comments 1. Comments Expressing General Support for the Rule 2. Comments Expressing General Opposition 3. Comments on Fee Structure 4. Comments on Expanding Fee Exemption for Certain Minors 5. Comments Opposing Waiver of Fees for Minor Applicants 6. Comments About Combining Global Entry, SENTRI, and NEXUS Trusted Traveler Programs 7. Comments Opposing NEXUS Fee Change 8. Comments on SENTRI Program Changes 9. Comments on Definition of Family for Fee Exemption 10. Miscellaneous Comments IV. Statutory and Regulatory Requirements A. Executive Orders 12866 and 13563 1. Purpose of the Rule 2. Background 3. Costs 4. Distributional Impacts 5. Total Monetized Decrease in Transfer Payments to U.S. Government 6. Total Monetized Increase in Transfer Payments to U.S. Government 7. Net Transfer Payments to U.S. Government 8. Benefits and Breakeven Analysis B. Regulatory Flexibility Act C. Unfunded Mandates Reform Act of 1995 D. Executive Order 13132 E. Paperwork Reduction Act F. Privacy I. Background U.S. Customs and Border Protection (CBP) operates several trusted traveler programs at air, land, and sea ports of entry into the United States that provide certain pre-approved, low-risk travelers dedicated processing into the United PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 States. Participants of CBP trusted traveler programs are vetted travelers who have voluntarily applied for membership, have paid a required fee, and have provided certain personal data to CBP. Travelers who are active participants in a CBP trusted traveler program are considered to be a lower risk than other travelers because CBP conducts vetting both when the participant applies to the program and on an ongoing basis after the applicant becomes an approved participant. This allows CBP to focus its attention and resources on higher-risk travelers. Three of these CBP trusted traveler programs are the Global Entry, Secure Electronic Network for Travelers Rapid Inspection (SENTRI),1 and NEXUS programs.2 The Global Entry program allows preapproved, low-risk travelers dedicated CBP processing at designated airports, currently through the use of automated kiosks.3 The SENTRI program allows dedicated processing at specified land border ports along the U.S.-Mexico border for pre-approved travelers. The NEXUS program is a joint trusted traveler program between the United States and Canada, the details of which can be found at https://www.cbp.gov/ travel/trusted-traveler-programs/nexus. When the Global Entry, SENTRI, and NEXUS programs were established, each program had a separate application process. The information on applicants and participants in each program was contained in separate CBP databases.4 Over time, due to advances in 1 SENTRI was previously governed by the Port Passenger Accelerated Service System (PORTPASS) regulations at 8 CFR 235.7, as discussed in further detail below. 2 The Free and Secure Trade (FAST) program is another CBP trusted traveler program that allows pre-approved commercial truck drivers dedicated processing at select commercial ports of entry at the northern and southern land borders. This program has different vetting standards, is offered to a different type of traveler, and does not have the same benefits as the Global Entry, SENTRI, and NEXUS programs. TSA PreCheck is an additional Department of Homeland Security (DHS) trusted traveler program administered by the Transportation Security Administration (TSA). 3 CBP published an interpretive rule on August 29, 2023, at 88 FR 59439 as an interim measure to define the term ‘‘kiosk’’ to include updated technologies for Global Entry processing in addition to the legacy kiosks referenced in the previous version of the regulations. 4 Please note that other Federal agencies and foreign partners have access to this data in certain circumstances as described below in the section on privacy and as provided in the privacy documentation. E:\FR\FM\02APR1.SGM 02APR1 22608 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES technology, security concerns, and the expansion of the programs, CBP created a more unified application process and a centralized database. Now, the Global Entry, SENTRI, and NEXUS programs use the same application. The application for Global Entry, SENTRI, or NEXUS is submitted electronically through the Trusted Traveler Program System (TTP System) website at https://ttp.cbp.dhs.gov. This website was formerly the Global Online Enrollment System (GOES) website.5 CBP uses the same vetting process to assess the risk level of an applicant regardless of whether they apply to the Global Entry, SENTRI, or NEXUS program. CBP officers review the applicant’s information during the application processing to ensure that the applicant is in compliance with U.S. customs, immigration, and agriculture laws, regulations, and policies. CBP officers also compare that information against various criminal, antiterrorism, and other government databases. If an applicant appears to meet the eligibility criteria of the specific program during initial vetting, the applicant will be notified via the TTP System that they are conditionally approved. The applicant can then schedule a personal interview with a CBP officer at a time and place designated by CBP or, (for Global Entry and NEXUS only) at a specified ‘‘Enrollment on Arrival’’ airport. An applicant is notified via the TTP System if their application is denied. An applicant may contest their denial or removal from a CBP trusted traveler program by initiating the redress process through the DHS Traveler Redress Inquiry Program (DHS TRIP) at https://www.dhs.gov/dhs-trip, or by contacting the Trusted Traveler Ombudsman via a reconsideration request filed through the TTP System at https://ttp.cbp.dhs.gov. If the applicant is accepted into the Global Entry, SENTRI, or NEXUS programs, CBP mails the appropriate Western Hemisphere Travel Initiative (WHTI)approved Radio Frequency Identification (RFID) trusted traveler card to the applicant.6 5 Prior to the effective date of this rule, SENTRI applicants could submit a paper application, Form 823S, via mail or in person at a port of entry. 6 WHTI implements a statutory mandate to require all travelers to present a passport or other document that denotes identity and citizenship when entering the United States. See Intelligence Reform and Terrorism Prevention Act of 2004, Public Law 108–458, 7209, 118. Stat. 3638, 3823, as amended. The goal of WHTI is to facilitate entry for U.S. citizens and authorized foreign visitors while strengthening U.S. border security by providing standardized documentation that enables CBP to quickly and reliably identify a traveler. VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 The Global Entry, SENTRI, and NEXUS programs each have a five-year membership period. During this fiveyear membership period, CBP continually vets participants to ensure that the participating individuals are in compliance with the respective program requirements. In recent years, these three CBP trusted traveler programs have developed many commonalities and have many reciprocal benefits (for example, eligible participants in any of the three programs may use Global Entry Kiosks at participating airports).7 Despite these commonalities and shared benefits, certain aspects of the Global Entry, SENTRI, and NEXUS programs vary, including their respective fees, the fees charged to certain minors, the fee payment schedules, and the application processes. CBP has determined that the different fees and application processes are no longer warranted. Moreover, the original fees for each of the three programs are no longer sufficient to recover CBP’s costs to administer the programs. Therefore, CBP is now harmonizing the fees and application procedures for these programs.8 A. Notice of Proposed Rulemaking On September 9, 2020, DHS published a notice of proposed rulemaking (85 FR 55597) in the Federal Register proposing changes to the regulations in order to harmonize the Global Entry and SENTRI programs, as well as other minor changes (the NPRM). During the 60-day comment period, DHS was notified that it had failed to include a fee study in the docket for the rulemaking. As a result, on December 1, 2020, DHS posted the fee study to the docket and published a notice in the Federal Register reopening the comment period for an additional 30 days (85 FR 77016). DHS received a total of 38 comments in response to the NPRM. The submissions included comments supporting the rule, requesting clarification, providing suggestions for changes, and voicing concerns. After review of the comments, through this final rule, CBP is finalizing the proposed changes in the NPRM without modification. WHTI-compliant documents include valid U.S. passports, passport cards, trusted traveler program cards, and others. 7 See the NPRM Harmonization of the Fees and Application Procedures for the Global Entry and SENTRI Programs and Other Changes at 85 FR 55597 or Table 1, below, for a full list of shared benefits. 8 No changes to the NEXUS program are being made through this final rule. CBP is concurrently issuing a separate Federal Register notice regarding changes to the NEXUS program. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 B. Adoption of Proposed Changes as Final In this document, CBP is adopting as final the regulatory changes to Global Entry and SENTRI proposed by the NPRM. This rule describes the regulatory changes being made to the Global Entry program as well as the new regulatory provision for the SENTRI program in order to harmonize those two programs. CBP is concurrently issuing a separate Federal Register notice modifying the NEXUS program. Pursuant to 8 U.S.C. 1753(c), fee-setting for services and other administrative requirements relating to joint U.S.Canadian projects such as the NEXUS program are exempt from the requirements of the Administrative Procedure Act and the Paperwork Reduction Act, but fees and forms established for such projects shall be published as a notice in the Federal Register. II. Summary of Changes to the Global Entry and SENTRI Programs A. Harmonizing the CBP Trusted Traveler Programs As discussed above, CBP is harmonizing the application fees, the application fees paid by minors, the fee payment schedule, and the application processes for the Global Entry, SENTRI, and NEXUS programs through this final rule and a separate Federal Register notice. The changes to the Global Entry and SENTRI programs are described below. 1. Harmonization of the Global Entry and SENTRI Fees Upon the effective date of this rule, the Global Entry fee will be increased from $100 to $120, and the total SENTRI fee will be decreased from $122.25 to $120.9 CBP has performed a fee study entitled ‘‘CBP Trusted Traveler Programs Fee Study’’ (fee study) to determine the amount of the fee that is necessary to recover the costs associated with processing applications for the Global Entry, SENTRI, and NEXUS programs. CBP determined that, in making the fee uniform across the three programs, a fee of $120 is appropriate and necessary to recover a reasonable portion of these costs.10 The new $120 9 See detailed explanation in section II. C. of this document. 10 The NEXUS fee is split between the United States and Canada. The United States will only receive two-thirds of the revenue necessary to cover its costs of the NEXUS program while Canada receives the remaining one-third of the revenue. Please see the fee study entitled ‘‘CBP Trusted Traveler Programs Fee Study,’’ included in the docket of this rulemaking (docket number USCBP– 2020–0035) for additional details. E:\FR\FM\02APR1.SGM 02APR1 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations application fee applies to new applicants and to participants who are renewing their memberships for both the Global Entry and SENTRI programs. As described below, this non-refundable fee will be paid to CBP at the time of submission of the application through the TTP System. This fee will be reflected in the revised Global Entry fee provision in title 8 of the Code of Federal Regulations (CFR) at 8 CFR 103.7, the new SENTRI fee provision in 8 CFR 103.7, the Global Entry program regulation, 8 CFR 235.12, and the new SENTRI program regulation, 8 CFR 235.14. khammond on DSKJM1Z7X2PROD with RULES 2. Exemption of Certain Minors From Payment of the Application Fee Prior to implementation of this final rule, the Global Entry, SENTRI, and NEXUS programs were not aligned with respect to whether minors 11 were charged an application fee. The Global Entry program charged minors the full application fee, the SENTRI program had a complex family option plan, and the NEXUS program exempted all minors from payment of the application fee. This disparity resulted in families choosing a program based on financial considerations, instead of choosing a program based on the features and benefits of the program. To eliminate this disparity and to better reflect the costs to CBP to operate these programs, CBP is creating a uniform fee for adult applicants as well as a uniform exemption from the fee for certain minors. Through this final rule, CBP is updating the regulations to provide that, for the Global Entry and SENTRI programs, minors are exempt from the application fee if they apply concurrently with a parent or legal guardian or if their parent or legal guardian is already a participant of the same program to which the minor is applying. Otherwise, the minor will be required to pay the $120 fee. If the minor’s parent or legal guardian is already an existing participant of Global Entry, SENTRI, or NEXUS, the minor will be required to enter the parent or legal guardian’s name and trusted traveler number to allow CBP to verify this information. This exemption for minors will minimize the costs for families enrolling in the Global Entry, SENTRI, and NEXUS programs. 11 For the purposes of this final rule, we use the term ‘‘minor’’ to mean a person who is under the age of 18. The choice of this age range for a minor is based on the standard age of adulthood in the United States (18) as well as the age previously used and currently agreed to by Canada concerning exemption of minors from payment of the NEXUS fee. VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 All minors applying to the Global Entry, SENTRI, or NEXUS programs, including those who are exempt from payment of the application fee, must have the consent of a parent or legal guardian to be eligible to participate. Further, minors (or their guardians) must complete the application and minors are subject to the requisite vetting, including the collection of fingerprints. For minors, a parent or legal guardian must be present at the time of the interview with a CBP officer. In order to incorporate this fee exemption for certain minors, CBP is amending several regulations. With respect to the Global Entry program, CBP is amending the fee provision, 8 CFR 103.7(d)(13),12 and the Global Entry program regulation, 8 CFR 235.12(d)(2). With respect to SENTRI, in order to harmonize the fees charged to minors in the other programs, CBP is eliminating the SENTRI family option plans.13 The family option plans offered minor children discounted rates or free enrollment based on their parent(s)’ application to the SENTRI program. Family option plans are overly complex, do not provide a fee option for minors with legal guardians, and make arbitrary age distinctions that are no longer used by CBP. Accordingly, CBP is now replacing the SENTRI family option plans with new provisions regarding the SENTRI fee in 8 CFR 103.7(d)(16) 14 and the newly added 8 CFR 235.14(c)(3). These provisions incorporate the new SENTRI application fee and the fee exemption for certain minors. B. Establishment of New Regulation for the SENTRI Program This document creates a new section in part 235 of title 8 of the CFR that specifically covers the SENTRI program. The new section located at 8 CFR 235.14 for the SENTRI program is modeled after the Global Entry regulations at 8 CFR 235.12 and incorporates the parameters, requirements, and application procedures of the SENTRI program. 12 At the time of publication of the NPRM, this fee provision was located at 8 CFR 103.7(b)(1)(ii)(M). An unrelated United States Citizenship and Immigration Services rule rearranged this section, without substantive edits, so the Global Entry fee provision is now located at 8 CFR 103.7(d)(13). 13 See the NPRM for detailed background on the previous family option plans for SENTRI. Note that the new SENTRI regulation does not include a family option plan or rely upon a definition of ‘‘family’’ for exemption of minors from the application fee. 14 In the NPRM, CBP proposed to add 8 CFR 103.7(b)(1)(ii)(P), but this section has moved, as noted above, to 8 CFR 103.7(d), so we now add subparagraph (16). PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 22609 The legacy Immigration and Naturalization Service (INS) developed the SENTRI program pursuant to the regulations governing a series of programs referred to as the Port Passenger Accelerated Service System (PORTPASS) (8 CFR 235.7). The requirements and procedures that govern the PORTPASS program were therefore made applicable to the SENTRI program. Because of the transfer of functions from INS to DHS, as well as new technology and the expansion of the CBP trusted traveler programs, the SENTRI program has evolved since its inception under the PORTPASS regulations, and its requirements and procedures have changed. Now, almost all SENTRI applicants apply via the TTP System website using an application that is common to all of the CBP trusted traveler programs. These newer application procedures and eligibility requirements are not reflected in the PORTPASS regulation at 8 CFR 235.7.15 Additionally, CBP has established CBP trusted traveler enrollment centers, modernized the dedicated commuter lanes (DCLs) utilized by SENTRI participants, and established common methods of redress for all three CBP trusted traveler programs. The current requirement for a personal interview, the updates to the DCLs, and the redress methods are also not reflected in the PORTPASS regulations at 8 CFR 235.7, because the PORTPASS regulations are not specific to SENTRI. As the PORTPASS regulation does not accurately reflect the current requirements and processes for SENTRI, CBP is adding a new section that will specifically provide the SENTRI requirements. The new section describing the SENTRI program at 8 CFR 235.14 supersedes 8 CFR 235.7 for purposes of the SENTRI program. This new section includes a general description of the SENTRI program, the eligibility requirements, application procedures, redress procedures, and the requirement to pay an application fee as specified in a new fee section located at 8 CFR 103.7(d)(16). Except for the provisions concerning the eligibility requirements, the registration of vehicles and the use of special lanes for approved vehicles, the other provisions (i.e., the disqualifying criteria, application procedures, and the available redress procedures) are the same as in the Global Entry regulation, § 235.12. 15 As noted in the NPRM, CBP is not removing the PORTPASS regulations because those regulations still serve as the basis for the FAST program. E:\FR\FM\02APR1.SGM 02APR1 22610 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations The eligibility criteria for the SENTRI program are set forth in new § 235.14(b)(1). An individual of any nationality is eligible to apply for the SENTRI program. New § 235.14(c) sets forth the application procedures, including a requirement that a vehicle be approved by CBP to use the SENTRI lanes. In order to drive a vehicle into the United States through the SENTRI lanes, an applicant must register the vehicle by providing information about the vehicle on the application, and CBP will determine whether to approve the vehicle. The approved vehicle will be subject to an inspection when the vehicle enters the United States. This inspection will occur at secondary inspection during one of the vehicle’s crossings into the United States at CBP’s discretion.16 It is within CBP’s sole discretion whether to approve a vehicle for the SENTRI program. New § 235.14(e) states that a SENTRI participant will be issued an RFID or other CBP-approved document granting the participant access to specific, dedicated primary lanes into the United States. As noted in the new regulation, users can go to www.CBP.gov, specifically https://www.cbp.gov/travel/ trusted-traveler-programs/sentri, for more information on the location of dedicated SENTRI lanes. The new regulation also sets forth the new fee payment schedule, and a new fee exemption for certain minors. Accordingly, this document adds a new provision, 8 CFR 103.7(d)(16), which sets forth the new fee, the new fee charged to minors, and all relevant fee details for the SENTRI program. C. Additional Changes to the SENTRI Program khammond on DSKJM1Z7X2PROD with RULES 1. Changes to the Fee Payment Schedule for the SENTRI Program With this final rule, CBP is changing the SENTRI fee payment schedule. Prior to the effective date of this rule, the SENTRI fee was comprised of three separate amounts that an applicant paid at various stages in the application process: an application fee, a DCL systems cost fee (DCL fee), and a Federal Bureau of Investigation (FBI) fingerprinting fee. However, CBP will now require a SENTRI applicant to pay 16 In accordance with the U.S. Government Accountability Office (GAO)’s recommendation regarding its recent review conducted of the CBP trusted traveler programs and CBP’s goal of harmonizing the three CBP trusted traveler programs, CBP has eliminated the requirement for vehicle inspections at the enrollment center. See GAO Report 14–483, Trusted Travelers: Programs Provide Benefits, but Enrollment Processes Could be Strengthened (May 2014), available at: https:// www.gao.gov/products/GAO-14-483. VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 a non-refundable application fee of $120 at the time the applicant submits their application via the TTP System. As discussed above, CBP performed a new fee study of the Global Entry, SENTRI, and NEXUS programs. Based on this fee study, CBP determined that a uniform fee of $120 is appropriate and necessary to recover a reasonable portion of the costs associated with application processing with respect to these three programs. This fee study was necessary to reevaluate the existing fees due to the expansion of the programs, advances in technology, and the shared benefits across the programs. For example, as technology has improved, the technology deployed and costs associated with the creation of specific dedicated commuter lanes are no longer necessary. Previously, CBP had to create dedicated permanent lanes for trusted traveler programs. Now, CBP has improved technology allowing every crossing lane to have the capability of processing general traffic and converting into lanes to process trusted travelers. Therefore, as explained in detail in the fee study included on the docket, CBP has determined that the fee for the Global Entry, SENTRI, and NEXUS programs should only incorporate those costs associated with the application process. The costs of processing the application include the cost of operating and maintaining the TTP System, the FBI fingerprinting fee, the operation of enrollment centers, the vetting process and other relevant costs. The new fee does not include any costs related to DCLs. See the CBP Trusted Traveler Programs Fee Study for the entire breakdown of the proposed fee (docket number USCBP–2020–0035).17 Therefore, CBP has determined that it is no longer appropriate to charge SENTRI applicants the three separate payments under the original fee payment schedule. As a result of this determination, CBP is adding 8 CFR 103.7(d)(16) to reflect that the $120 fee encapsulates the entire SENTRI fee and is payable at application submission. New 8 CFR 235.14(c)(3) states that the $120 nonrefundable SENTRI fee must be paid to CBP at the time of the application submission through the TTP System or other CBP-approved process. 17 The study is available at https://www.federal register.gov/documents/2020/12/01/2020-26275/ harmonization-of-the-fees-and-applicationprocedures-for-the-global-entry-and-sentriprograms. PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 2. Requirement for Electronic Submission of the SENTRI Program Application and Payment of Fees Prior to the effective date of this final rule, an applicant to the SENTRI program could apply online via the TTP System website or by submitting a paper application, Form I–823S at a port-ofentry or through mail as described in 8 CFR 235.7(a)(4). However, this rule eliminates the paper application as an option for SENTRI applicants, upon this rule’s effective date. SENTRI applicants will now be required to apply to the SENTRI program online via the TTP System website, https://ttp.cbp.dhs.gov. Eliminating the paper SENTRI application will complete the harmonization of the application submission process for the three programs (Global Entry, SENTRI, and NEXUS), streamline the application process, reduce the burden on CBP officers, and expedite the application process. Additionally, CBP will require applicants to pay the SENTRI application fee through the TTP System website at the time of online application. The elimination of the paper SENTRI application makes this change possible. Furthermore, CBP is making changes to the procedures for paying the additional vehicle fee. Although there is not, and will not be, a fee for a SENTRI applicant to register one vehicle for use in the SENTRI lanes during the initial application or renewal process, there is and will continue to be a $42 fee to register any vehicle after the initial application or renewal process. This rule does not change the amount of the additional vehicle fee. However, this rule changes the way the additional vehicle fee is paid. Previously, a SENTRI applicant or participant could pay this fee electronically via the TTP System or in person at the enrollment center. Upon the effective date of this rule, CBP will require payment of the additional vehicle fee electronically via the TTP System. CBP is making this change because the vehicle inspection is no longer performed at an enrollment center. Therefore, it would be inconvenient for applicants to make an additional trip to the enrollment center solely for the fee payment. Under the new system, if CBP approves the vehicle for use in the SENTRI lanes, the vehicle is subject to a vehicle inspection at secondary inspection during one of the vehicle’s crossings into the United States at CBP’s discretion. Requiring an applicant or participant to pay the additional vehicle fee online via the E:\FR\FM\02APR1.SGM 02APR1 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations TTP System ensures that there is an electronic record of the payment when the vehicle arrives at secondary inspection. It also further harmonizes the Global Entry, SENTRI, and NEXUS programs.18 These SENTRI application procedures are included in the new regulations at 8 CFR 235.14(c). D. Additional Changes to the Global Entry Program khammond on DSKJM1Z7X2PROD with RULES 1. 8 CFR 235.12(g) Global Entry participants must follow certain procedures upon arrival in the United States. These arrival procedures are set forth in 8 CFR 235.12(g). Prior to the implementation of this rule, those procedures required that an arriving passenger proceed to a Global Entry kiosk, follow the on-screen instructions, and declare all articles brought into the United States. For the reasons discussed below, CBP is revising this paragraph to eliminate the reference to ‘‘arrival in the United States’’. CBP is also removing the reference, throughout the regulation, to Global Entry ‘‘kiosks’’ and replacing the word with the phrase ‘‘Global Entry Processing’’ to allow the applicable facilities and technology to evolve without the need to revise the regulations again in the future. For this same reason, CBP is also removing the phrase ‘‘on-screen’’ from the phrase concerning following instructions and instead stating that the participant must ‘‘follow all CBP instructions’’. CBP is also amending the instructions to remove references to ‘‘customs declaration’’ as that is not applicable in all Global Entry locations, as discussed below. Additionally, this rule updates the regulations for the Global Entry program to be consistent with CBP’s expansion of the program to persons traveling to U.S. territories, as well as persons who are processed at preclearance facilities located outside the United States. When the regulation was first issued, CBP did not offer Global Entry at airports located in the U.S. territories or at preclearance facilities in foreign countries. Because of the success of the Global Entry program and CBP’s desire to facilitate the travel of additional Global Entry, qualified SENTRI, and NEXUS participants, CBP now offers Global Entry in certain U.S. territories and at all preclearance facilities in foreign countries. 18 Global Entry participants may register one vehicle for use in the SENTRI lanes at no additional cost at the time of application, just like SENTRI participants. These participants will continue to pay a $42 fee to register any vehicle after the initial application or renewal process. NEXUS participants must pay the $42 fee for any vehicle registered for use in the SENTRI lanes regardless of the time of registration for the vehicle. VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 The expansion of Global Entry to U.S. territories allows dedicated CBP processing of Global Entry, qualified SENTRI, and NEXUS participants into these territories. However, pursuant to 19 CFR 7.2(b), CBP does not perform a customs function in certain U.S. territories. Accordingly, CBP does not collect customs declarations in those territories. As the customs declaration does not apply in all Global Entry locations, CBP is amending 8 CFR 235.12(g) to eliminate the reference to customs declarations, instead stating that travelers should follow all CBP instructions when using Global Entry processing (which will include instructions to declare items where that functionality exists). The expansion of Global Entry to preclearance facilities in foreign countries also allows select foreign airports with preclearance facilities to provide dedicated CBP processing for Global Entry, qualified SENTRI, and NEXUS participants on direct outbound flights to the United States.19 Preclearance facilities are staffed with CBP officers responsible for conducting customs, immigration, and agricultural inspections of passengers, crew, and their goods bound for the United States. Generally, travelers who are inspected at a preclearance facility are permitted to arrive at a U.S. domestic facility and either exit the U.S. domestic terminal upon landing or connect directly to a U.S. domestic flight without further CBP processing. Because the Global Entry processing may occur at a point prior to the traveler’s arrival in the United States, CBP is amending 8 CFR 235.12(g) to eliminate the phrase ‘‘upon arrival in the United States’’. 2. 8 CFR 235.12(h) Section 235.12(h) addresses certain examination and inspection issues related to the use of Global Entry. Prior to the effective date of this rule, the regulation specified that pursuant to the enforcement provisions of 19 CFR part 162, Global Entry participants may be subject to further CBP examination and inspection at any time during the arrival process. As noted above, CBP does not have customs responsibilities at all Global Entry locations. For this reason, CBP is amending 8 CFR 235.12(h) to eliminate the reference to 19 CFR part 162. Part 162 concerns, in relevant part, 19 Section 101.5 of title 19 of the CFR (19 CFR 101.5) sets forth a list of CBP preclearance offices in foreign locations. Section 162.8 of title 19 of the CFR (19 CFR 162.8) permits CBP officers stationed in a foreign country at a preclearance facility to exercise such functions and perform such duties as may be permitted by treaty, agreement, or law of the country in which the officer is stationed. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 22611 inspections within the customs territory of the United States. A reference to 19 CFR part 162 is not needed in 8 CFR 235.12(h) because the purpose of the paragraph regarding successful use of Global Entry at any location can be more clearly and accurately stated without specific reference to 19 CFR part 162. 3. Other Amendments to 8 CFR 235.12 In addition, CBP is making several minor changes to the language in 8 CFR 235.12. First, because Global Entry now operates in some U.S. territories and preclearance facilities outside the United States, CBP is removing the phrase ‘‘expedited entry into the United States’’ and replacing it with the term ‘‘dedicated CBP processing’’. Accordingly, CBP is updating the language in § 235.12(a) and (c) to reflect these changes. Additionally, the interview procedures for the Global Entry program have changed slightly since its inception. Global Entry applicants were previously required to schedule their interviews at a Global Entry enrollment center. Global Entry applicants now have the option to have their personal interviews at certain participating airports referred to as ‘‘Enrollment on Arrival’’ airports. The locations of the participating airports can be found at https://www.cbp.gov/travel/trustedtraveler-programs/global-entry/ enrollment-arrival. The applicant does not need to schedule the interview in advance but may only use this option if they arrive in the United States on an international flight at one of the ‘‘Enrollment on Arrival’’ airports. CBP may also provide additional personal interview options in the future. Therefore, CBP is updating the language in 8 CFR 235.12(e)(1) to eliminate the specific reference to Global Entry enrollment centers. Finally, CBP no longer suspends a participant’s Global Entry membership. CBP either denies an applicant participation under the disqualifying factors in 8 CFR 235.12(b)(2) or, alternatively, a Global Entry participant is removed from the program if CBP determines under 8 CFR 235.12(j)(2) that such action is necessary. To reflect this change, CBP is removing all references to ‘‘suspend,’’ ‘‘suspension,’’ and ‘‘suspended’’ from § 235.12(d)(3), (j), and (k). E. Conforming Amendment to 8 CFR 103.7 This document eliminates the regulation specifying the amount for the DCL fee at 8 CFR 103.7(d)(1). This fee is for use of DCLs located at specific ports of entry for approved PORTPASS E:\FR\FM\02APR1.SGM 02APR1 22612 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations participants in designated vehicles. As discussed above, this fee is one element of the original SENTRI program fee. SENTRI is the only PORTPASS program in which CBP charges the DCL fee. Upon the effective date of this final rule, the entire SENTRI fee will be specified in 8 CFR 103.7(d)(16). Since CBP will no longer have any other programs which charge the DCL fee, this paragraph (d)(1) is unnecessary. Therefore, CBP is removing and reserving 8 CFR 103.7(d)(1). III. Discussion of Comments Submitted in Response to the NPRM Proposing Changes To Harmonize the Global Entry and SENTRI programs A. Overview DHS received a total of 38 comments in response to the NPRM. The submissions included comments supporting the rule, comments requesting clarification on certain aspects of the rule, comments providing suggestions for changes primarily to the fee structure, and comments voicing concerns about the new fees or other parts of the programs. Below is a summary of the comments received, grouped by category, along with CBP’s response to the comments. khammond on DSKJM1Z7X2PROD with RULES B. Discussion of Comments 1. Comments Expressing General Support for Rule Comments: Several commenters supported the proposed change allowing for children to join these programs for free when they apply with or after a guardian. Furthermore, other commenters supported the new fee proposal generally. Some commenters noted that the rule would benefit families (particularly through fee exemptions for minors applying with or after a guardian) and facilitate travel. One commenter stated agreement with raising the price only if it means faster access to an interview. Response: CBP thanks these commenters for their support. CBP agrees with the commenters that the rule will result in cost savings to some families applying for the Global Entry and SENTRI programs, as described in the rule’s economic impact analysis (see section on Executive Orders 12866 and 13563). While this rule will not directly result in faster access to interviews, CBP is always trying to innovate to improve processing of trusted traveler applications. 2. Comments Expressing General Opposition to Rule Comments: Several commenters expressed general opposition to the rule, VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 including any changes to trusted traveler program fees. Several commenters suggested that Global Entry, SENTRI, and NEXUS fees should remain the same. One commenter also said CBP should better allocate its resources instead of hiking fees. Numerous commenters expressed dissatisfaction with the wait times to get an interview for trusted traveler programs. Response: As previously stated, and explained in the fee study, CBP’s original Global Entry, SENTRI, and NEXUS fees are not sufficient to recover CBP’s costs to administer the programs. CBP is working to ensure that all applicants are interviewed in a timely manner. CBP has also implemented a remote interview pilot program,20 which will reduce the backlog of conditionally approved applicants. This program will provide additional accessible interview options that will decrease the time applications are in the backlog of conditionally approved applications. TTP personnel can conduct virtual interviews at select ports of entry, thereby increasing interview capacity and improving the enrollment process for the future. 3. Comments on Fee Structure Comments: Several commenters suggested alternative structures to the proposed Global Entry, SENTRI, and NEXUS fee. One commenter suggested that CBP use an application fee scale for Global Entry, SENTRI, and NEXUS membership where adults aged 18 and over pay $120, children aged 0–6 pay $0, children aged 7–11 pay $40, and children aged 12–17 pay $80. Response: CBP appreciates the commenter’s suggestion to adjust the application fee on the basis of age. CBP has considered this alternative fee schedule but will finalize its proposal to waive only the fee of minor applicants with a participant/concurrent applicant parent or legal guardian because this exemption for minors will minimize the costs for families enrolling in the Global Entry, SENTRI, and NEXUS programs. The cost for minors with parents in the program is offsetting, whereas waiving the fee for minors without a parent in the program is not supported by the fee study. Comment: One commenter opposed exempting certain minors from application fees and instead suggested that the TTP fee structure should closely match the U.S. passport fee structure, 20 Currently the pilot program is only available for renewal applications. When this final rule become effective, CBP may expand the program to new applications as well. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 where first-time applicants and renewing participants pay different fees, and children are not exempt from application fees. The commenter believes that this fee structure would motivate adults and children to enroll and remain participants of Global Entry, SENTRI, and NEXUS ‘‘in a more fair way.’’ Response: CBP appreciates the commenter’s suggestion to adjust the application fee based on the U.S. passport fee structure. CBP is finalizing its proposed fee structure instead of adopting the commenter’s suggested U.S. passport fee-based structure because CBP generally incurs the same costs to enroll first-time and renewing participants into the Global Entry, SENTRI, and NEXUS programs. Charging lower fees to renewal applicants would unfairly require new participants to subsidize the application costs of existing participants. Moreover, CBP does not agree with the commenter’s suggestion to adopt the U.S. passport fee structure’s application fees for children. CBP will waive the Global Entry, SENTRI, and NEXUS application fees for minor applicants with a participant/concurrent applicant’s parent or legal guardian to lessen the financial burden of trusted traveler program participation for families. This approach is consistent with the original SENTRI and NEXUS fee exemption and cap for families with minors used to lessen the financial burden of these programs to families. CBP has determined that a harmonized fee of $120 is appropriate and necessary to recover a reasonable portion of the costs associated with application processing for these trusted traveler programs. Comment: Two commenters suggested alternatives to the proposed fee structure if the NEXUS fee must increase. The first commenter suggested that CBP provide a subsidy to applicants who meet certain income requirements or low-income families. The second commenter asked CBP to raise the NEXUS fee by no more than $10. Response: This rule does not make changes to the NEXUS fee. Changes to the NEXUS fee are being done through a separate notice in the Federal Register published concurrently with this final rule. However, CBP acknowledges that the purpose of this rule and that notice jointly are to harmonize the Global Entry, SENTRI and NEXUS fees, therefore, we are providing Responses regarding the NEXUS fee for transparency purposes here in this rule even though the NEXUS fee is outside the scope of this rule. The proposed fee already lessens the financial burden of E:\FR\FM\02APR1.SGM 02APR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations trusted traveler program participation for families by waiving the application fee for minors who concurrently apply for Global Entry, SENTRI, or NEXUS with a parent or legal guardian or whose parent or legal guardian already participates in one of the programs. Global Entry, SENTRI, and NEXUS, as fee-funded programs, require CBP to recoup cost of administering trusted traveler programs for frequent international travelers through an application fee process. Additionally, the original NEXUS fee is not sufficient to recover CBP’s costs to administer the program. Raising the NEXUS fee by only $10 would not sufficiently cover CBP’s costs to administer NEXUS. As previously stated, CBP has determined that a harmonized fee of $120 is appropriate and necessary to recover a reasonable portion of the costs associated with application processing for the Global Entry, SENTRI, and NEXUS trusted traveler programs. Comment: Two other commenters stated that they believe the proposed $120 Global Entry, SENTRI, and NEXUS fee is ‘‘too low,’’ with one commenter proposing a fee of $500. However, these commenters did not provide any evidence supporting this statement or suggest any costs that were excluded from the fee’s calculation. Response: CBP’s fee study determined that a uniform $120 fee is appropriate and necessary to recover a reasonable portion of costs associated with application processing for the Global Entry, SENTRI, and NEXUS programs. The commenter’s suggestion to increase the fee well beyond $120 would not be appropriate. Comment: One commenter questioned why CBP could not process applicants of Global Entry and SENTRI for the same $50 fee as NEXUS. The commenter stated: ‘‘if CBP and its Canadian counterpart, the Canadian Border Services Agency, can process applications for an individual for $50 and a family for just $100 while also splitting revenue then CBP should be able to do the same for Global Entry and SENTRI users.’’ The commenter also asserted that CBP did not account for the cost savings of the Global Entry, SENTRI, and NEXUS programs’ expedited processing when calculating the proposed $120 fee and asked CBP to consider these savings to maintain the original $100 Global Entry fee. Response: The original Global Entry, SENTRI, and NEXUS fees are not sufficient to recover CBP’s costs to administer the programs. CBP has determined that a harmonized fee of $120 is appropriate and necessary to recover a reasonable portion of the costs VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 associated with application processing for these trusted traveler programs. As noted in the rule, even though the proposed $120 fee is set to recover the full costs of the Global Entry, SENTRI, and NEXUS programs, the United States will only receive two-thirds of the revenue necessary to cover its costs of the NEXUS program while Canada receives the remaining one-third of the revenue. CBP did not adjust the $120 fee higher to account for this split in revenue because doing so would cause applicants to Global Entry and SENTRI to subsidize the costs of the NEXUS program and the purpose is to harmonize the fees across the three programs. Additionally, CBP recognizes that the Global Entry, SENTRI, and NEXUS programs offer certain cost savings to CBP. These savings represent time cost savings rather than budgetary savings, meaning that CBP dedicates the savings to perform other agency missions, such as facilitating trade and enhancing border security. CBP accounted for the time cost savings of Global Entry, SENTRI, and NEXUS to the agency when creating the programs and used the appropriate net costs to determine the proposed $120 Global Entry, SENTRI, and NEXUS fee. 4. Comments on Expanding Fee Exemption for Certain Minors Comment: Several commenters requested that CBP adjust its fee exemption for minors. One commenter asked CBP to exempt all minors from paying the Global Entry, SENTRI, and NEXUS application fees. Other commenters suggested that CBP expand its fee exemption to also exempt individuals who are 21 years old and younger and who are enrolled in fulltime studies and dependent on their parents for their housing and subsistence from paying the Global Entry, SENTRI, and NEXUS application fees. Another commenter requested that CBP offer application fee waivers to individuals under the age of 26 living at the same address as their parents or legal guardians. Response: CBP does not agree with exempting all minors from paying the Global Entry, SENTRI, and NEXUS application fees because the fee study that was completed does not support that exemption and a narrower exemption is necessary for CBP to reasonably recover its costs associated with the programs. In calculating the fee, CBP adjusts the per applicant cost to allow minors under the age of 18 free membership in any of the three TTPs, while still recovering all its costs when a parent or legal guardian is already a participant of, or concurrently applying PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 22613 for the Global Entry, SENTRI, or NEXUS trusted traveler program. The cost for waiving the fee for minors is offset when a parent or legal guardian is applying or already enrolled in the program, whereas the cost for waiving fees for minors without a parent or legal guardian applying or already enrolled in the program is not offset and not supported by the fee study. Additionally, CBP does not agree with the suggested fee exemptions for older dependents or individuals under the age of 26 living at the same address as their parents or legal guardians because 18 is the standard age of adulthood in the United States and collecting the fee for all adults is necessary for CBP to reasonably recover its costs associated with the programs. Further, 18 is the age previously used and currently agreed to by Canada concerning exemption of minors from payment of the NEXUS fee, and thus using 18 as the upper age limit for the exemption furthers the goal of aligning the fee structure across programs. 5. Comments Opposing Waiver of Fees for Minor Applicants Comments: Some commenters opposed exempting minors from paying the Global Entry, SENTRI, and NEXUS programs, with several suggestions that the exemption would degrade the integrity and value of the program. One commenter implied that the proposed fee increase is due to waiving minor applicants. Response: CBP does not agree with these comments. CBP will offer fee exemptions to minors who concurrently apply for Global Entry, SENTRI, or NEXUS with a parent or legal guardian or whose parent or legal guardian already participates in one of the programs to lessen the financial burden of trusted traveler program participation for families. This practice is consistent with the original SENTRI and NEXUS fee exemption and cap for families with minors used to lessen the financial burden of these programs to families. CBP will continue to maintain the integrity and the value of the Global Entry, SENTRI, and NEXUS programs with this fee change. The trusted traveler programs will continue to develop innovative approaches to process arriving travelers, while facilitating the traveling experience and enhancing passenger security. As more fully discussed in the fee study, the original Global Entry, SENTRI, and NEXUS fees are not sufficient to recover CBP’s costs to administer the programs. CBP has determined that a harmonized fee of $120 is appropriate and necessary to recover a reasonable portion of the E:\FR\FM\02APR1.SGM 02APR1 22614 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations costs associated with application processing for these trusted traveler programs. Contrary to the commenter’s claims, this fee increase is a result of updated CBP costs, as opposed to the waiver of application fees for minors. 6. Comments About Combining Global Entry, SENTRI, and NEXUS Trusted Traveler Programs Comments: Several commenters suggested that CBP combine the Global Entry, SENTRI, and NEXUS programs into one trusted traveler program in an effort to decrease costs to CBP and decrease the proposed $120 applicant fee that is based in part on these CBP costs. One of these commenters also noted that this consolidation seems more consistent with the principles set forth in Executive Order 13563. Response: CBP is not combining the Global Entry, SENTRI, and NEXUS programs into one program at this time because of the differences in eligibility requirements for each respective program. Combining these three programs into one program would require significant changes to each program. Furthermore, any changes to the NEXUS program would require Canada’s concurrence. khammond on DSKJM1Z7X2PROD with RULES 7. Comments Opposing NEXUS Fee Change Comments: Several commenters opposed the proposed NEXUS fee increase and believe that it would pose a financial burden for many individual NEXUS participants and families. One of these commenters also stated that the proposed fee will discourage NEXUS program participation. They believe that the fee will subsequently discourage interstate commerce between the United States and Canada, as well as economically beneficial trips between the countries. Another commenter who opposed the NEXUS fee increase stated that increasing the NEXUS application fee would disproportionately burden most American applicants for NEXUS, relative to applicants for Global Entry. Another commenter who opposed the NEXUS fee increase incorrectly asserted that the U.S. Government would profit from the proposed fee increase. Response: As noted throughout this final rule, this final rule does not make modifications to the NEXUS program. Modifications to that program are being made through a separate notice in the Federal Register and are exempt from the notice and comment requirements in the Administrative Procedure Act pursuant to 8 U.S.C. 1753(c). Nonetheless, CBP is providing responses to comments regarding the VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 NEXUS program here for clarity and transparency purposes. Global Entry, SENTRI, and NEXUS are voluntary trusted traveler programs that provide special benefits to participants beyond those available to general travelers who are not participants of trusted traveler programs. NEXUS is a joint program with Canada and requires an applicant to have an interview with both U.S. and Canadian authorities. The original Global Entry, SENTRI, and NEXUS fees are not sufficient to recover CBP’s costs to administer the programs. CBP has determined that a harmonized fee of $120, or equivalent to $24 per year over the five-year membership period, is appropriate and necessary to recover a reasonable portion of the costs associated with application processing for Global Entry, SENTRI, and NEXUS, while still offering reprieve to families with minor applicants. CBP does not believe that a $70 total increase in the NEXUS fee, or a $14 increase per year, will place a large financial burden on NEXUS applicants. Similarly, CBP does not believe that a $140 total increase in the NEXUS fee for families, or a $28 increase per year, will place a large financial burden on families. Nonetheless, each renewing or prospective NEXUS participant and family must determine if the benefits of dedicated CBP processing into the United States would equal or exceed the costs of joining the voluntary program. CBP does not believe that the increased cost for the NEXUS program will discourage participation in the program as the program will still be beneficial to the vast majority of travelers. Even if a traveler chooses not to participate in the program, it is unlikely that the traveler will forgo land travel to the United States given the only slightly higher wait times for regular travelers along the northern land border. Accordingly, CBP does not believe that the proposed fee increase will discourage international commerce between the United States and Canada or economically beneficial trips between the countries. Regarding the disproportionate effect on NEXUS users, CBP agrees that the proposed fee will result in a higher application fee increase for current NEXUS participants than current Global Entry participants. However, the original $50 NEXUS fee is much lower than the Global Entry and SENTRI fees, even though it has a nearly identical application process and has even more travel benefits than the Global Entry and SENTRI programs. As previously stated, the original Global Entry, SENTRI, and NEXUS fees are not sufficient to recover PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 CBP’s costs to administer the programs. Given these unreimbursed costs and the nearly identical application processes and benefits, CBP is proposing to increase and harmonize the application fee for these trusted traveler programs. Finally, as noted throughout this document, CBP has determined that a harmonized fee of $120 is appropriate and necessary to recover a reasonable portion of the costs associated with application processing for these trusted traveler programs, without U.S. Government profit. 8. Comments on SENTRI Program Changes Comments: One commenter asked if moving all applications to the online portal, eliminating the paper application option for the SENTRI program, will cause an undue burden on families who do not own a computer or have access to a reliable internet connection. That commenter also asked if the rule’s requirement to pay a one-time nonrefundable application fee at the time of application rather than in increments like the original SENTRI application fee structure would increase the financial burden for some families to join SENTRI. Response: Eliminating the paper SENTRI application will complete the harmonization of the application submission process for the Global Entry, SENTRI, and NEXUS programs,21 streamline the application process, reduce the burden on CBP officers, and expedite the application process. As stated in the rule’s economic impact analysis (see section on Executive Orders 12866 and 13563), CBP recognizes that applying and paying for the SENTRI program and vehicle registrations electronically requires internet access. CBP acknowledges that those without readily available internet access will have to visit a facility that provides internet access to the public, such as a library. However, in 2022, CBP received 232,026 SENTRI applications and 105,063 SENTRI vehicle enrollment applications, all of which were submitted electronically (no paper submissions).22 Applicants would not likely opt to file electronically if it were more burdensome to do so. For this reason, CBP assumes that no applicants 21 A NEXUS applicant may submit a paper application to apply to the NEXUS program. This is a Canada Border Services Agency (CBSA) form, not a CBP form. As such, the paper NEXUS application is sent to CBSA, processed, and input by CBSA. CBP’s NEXUS application and application submission are completely electronic. 22 Data provided by subject matter experts from CBP’s Office of Admissibility and Passenger Programs, Trusted Traveler Programs Division, Office of Field Operations on February 21, 2023. E:\FR\FM\02APR1.SGM 02APR1 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES will need to travel to access the internet for the purpose of submitting the application or paying the required fees. To the extent that someone does need to travel, they will incur small opportunity and transportation costs. CBP notes that the SENTRI program is a voluntary program and that all individuals must determine if the benefits of receiving dedicated CBP processing either meet or exceed the costs of joining the SENTRI program. Regarding the application fee structure for families, CBP acknowledges that families who apply to join the SENTRI program will pay more at the time of application under the revised regulations than under the original process. However, these families will generally pay less overall to join the program under the revised regulations. Paying all SENTRI application fees at the time of application instead of in increments is consistent with CBP’s goal of harmonizing the Global Entry, SENTRI, and NEXUS application processes. Accordingly, CBP does not support incremental application payments for SENTRI membership. CBP does not believe that paying relatively more to join SENTRI earlier in the application process under the revised regulations than under the original process will introduce such a large financial burden to families to the extent that the increase will prohibit them from applying to join SENTRI. Nonetheless, each renewing or prospective family participating in SENTRI must determine if the benefits of dedicated CBP processing into the United States would equal or exceed the costs of joining the program. 9. Comments on Definition of Family for Fee Exemption Comments: Some commenters asked CBP to update its definition of family that is currently included in the regulations for SENTRI fee exemptions to reflect modern family structures. One of these commenters was also confused by the definition of a family in the paragraph under Table 10. Response: The revised regulatory language for the SENTRI fee exemptions does not include a definition for the word ‘‘family.’’ Rather, the revised Global Entry, SENTRI, and NEXUS fee exempts minors who apply concurrently with any parent or legal guardian, or whose parent or legal guardian is already a participant of the program to which the minor is applying, from payment of the applicable fee. CBP has attempted to clarify in this document that this rule does not provide a definition of family for fee exemptions, VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 including clarifying the language in Table 10 highlighted by one commenter. The revised regulations do expand the minors eligible for fee waiver as the regulations will allow a minor applying with or after any parent or guardian to enroll for free. 10. Miscellaneous Comments Comments: CBP received several miscellaneous comments. One commenter noted that the rule did not state a difference in processing costs for the trusted traveler programs between a minor applicant with a participant/ concurrent applicant parent or legal guardian and a solo minor applicant. Response: Typically, there is no notable difference in CBP processing costs between a minor applicant with a participant/concurrent applicant parent or legal guardian and a solo minor applicant. According to CBP subject matter experts, it takes about the same amount of time for a CBP officer to process a solo minor trusted traveler program applicant as it does for one who applies with a participant/ concurrent applicant parent or legal guardian. CBP has included this processing cost information in the economic impact analysis for this final rule. As stated above, the fee study supports that the cost for not charging a fee for minors to apply is only offset when a parent or legal guardian has applied for a trusted traveler program. If a fee was not charged for minors applying and those minors do not have a parent or legal guardian also applying for the program that cost is not offset and therefore that policy is not supported by the fee study. Comment: One commenter wrongly asserted that the proposed fee increase is a barrier for travelers, particularly minorities and disabled individuals, to ‘‘have the same [travel] experience as everyone else.’’ Response: The Global Entry, SENTRI, and NEXUS are voluntary trusted traveler programs that provide dedicated processing to participants beyond those that are provided to general travelers. Not participating in these voluntary programs alone would not prevent travelers from traveling to, entering, or being admitted to the United States. In fact, these programs lead to faster processing overall for participants and non-participants. CBP does not discriminate based on race, gender, disability, or other protected factors and is not increasing the fees as a method for decreasing enrollment in these programs. CBP has determined that a harmonized fee of $120, or $24 per year over the five-year membership period, is appropriate and necessary to PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 22615 recover a reasonable portion of the costs associated with application processing for these voluntary trusted traveler programs, while still offering reprieve to families with minor applicants. Each renewing or prospective Global Entry, SENTRI, and NEXUS participant must determine if the benefits of dedicated CBP processing into the United States would equal or exceed the costs of joining a program. Comment: One commenter stated that the proposed fee would equal about $160.00 Canadian dollars (CAD) using an exchange rate of $1.00 U.S. dollar (USD) = $1.35 CAD. The same commenter remarked that the cost of NEXUS for dual citizens is well over $500.00 USD. Response: The harmonized $120 fee captures the costs of the program to CBP, which uses U.S. dollars. As such, this fee is in U.S. dollars. This practice is consistent with other CBP user fees for international travelers. CBP notes that the $120 USD fee for individuals paying in Canadian dollars is dependent on the exchange rate, so it may be higher or lower than $120 CAD. Further, this commenter incorrectly attributed the cost of a U.S. passport and Canadian passport to NEXUS membership. U.S. and Canadian passports are required for dual citizens to travel between Canada and the United States, regardless of NEXUS membership. NEXUS is a voluntary trusted traveler program that provides special benefits to participants beyond those that are available to general travelers. The fee for participation is $120.00 USD. Comment: A few commenters noted that some credit card companies reimburse the application fees for Global Entry applicants. Some of these commenters also suggested that CBP encourage all credit card issuers to offer reimbursement of the SENTRI and NEXUS enrollment fees. Response: CBP acknowledges that prior to this rule some private credit card companies have reimbursed the full amount of the $100 fee to Global Entry applicants. Regardless of credit card reimbursement or lack thereof, CBP still receives the payment for the Global Entry fee. Therefore, CBP does not believe reimbursement of these fees by some credit card agencies will have any impact on the analysis of this rule. The suggestion that CBP encourage credit card issuers to offer reimbursement is outside of the scope of this rule. Comment: One commenter stated that application fees alone inaccurately capture the true cost for travelers to obtain Global Entry and NEXUS memberships. E:\FR\FM\02APR1.SGM 02APR1 khammond on DSKJM1Z7X2PROD with RULES 22616 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations Response: The commenter is correct that application fees alone do not reflect the true cost for travelers to obtain Global Entry and NEXUS memberships. However, the rule will not affect the Global Entry and NEXUS application processes, and CBP expects that this rule will not result in changes to any potential costs placed on applicants beyond the application fees. The minor regulatory changes to Global Entry processing reflect current practice. Thus, this rule will not result in new costs or benefits. As such, CBP focused on the economic impacts of the increased Global Entry fee in the rule’s economic impact analysis, along with the effects of the changes to the SENTRI program. CBP has clarified in the final rule’s economic impact analysis that the minor regulatory changes involving Global Entry processing reflect current practice and will therefore not introduce new costs or benefits. Comment: One commenter noted that CBP inadvertently failed to post the fee study in the docket when the Harmonization of the Fees and Application Procedures for the Global Entry and SENTRI Programs and Other Changes Notice of Proposed Rulemaking (NPRM) was first published. Response: To correct this omission, on December 1, 2020, CBP published the fee study in the docket and reopened the comment period for the NPRM and fee study for an additional 30 days. Comment: One commenter noted that the economic impacts of the COVID–19 pandemic, such as decreased travel, high unemployment, and financial uncertainty, could nullify the Global Entry, SENTRI, and NEXUS applicant forecasts upon which the proposed rule is based. Response: CBP acknowledges that the COVID–19 pandemic previously led to a drop in travel to the United States and negative economic impacts. For that reason, CBP continues to use the 2015 to 2019 Global Entry, SENTRI, and NEXUS applicant data as the basis for its proposed fee for these programs. That data does not reflect an abnormal change in Global Entry, SENTRI, and NEXUS program memberships and results in a fee that still recovers a reasonable portion of costs associated with application processing for these trusted traveler programs. If CBP adjusted the data to reflect a smaller number of Global Entry, SENTRI, and NEXUS applications than currently used to calculate the $120 fee, the Global Entry, SENTRI, and NEXUS fee would be even higher than the revised fee of $120. The higher fee would become a larger financial burden for VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 individuals interested in joining these trusted traveler programs or renewing their program memberships. The larger burden would be a result of the fact that the $120 Global Entry, SENTRI, and NEXUS fee, as described in the fee study, is based in part on fixed costs not dependent on the number of Global Entry, SENTRI, and NEXUS applicants. CBP further notes that the agency is within its rights to charge less than the full cost recovery of the Global Entry, SENTRI, and NEXUS programs to the agency. Comment: One commenter said that making the cost of the application free for minors who apply with their parents will cause problems since parents will now not hesitate to enroll kids for free. The commenter suggested this will lead to many problems with getting approvals for the programs, namely, longer wait times both for getting conditionally approved and getting interviews. This commenter said interview centers are already backed up for months and that it is almost impossible to get an interview, so this change will only add to the unavailability of appointments. Response: CBP is always working on trusted traveler program innovations and process improvements to ensure that the programs remain efficient with the latest technologies so that processing times for all travelers are reduced. CBP is committed to enhancing the customer experience to include making arrival processing easier for family units and more accessible to a greater number of individuals. CBP has expanded hours at enrollment centers, expanded the use and efficiency of Enrollment on Arrival, increased the number of renewal applicants eligible for approval without a new interview or using a remote interview and improved transparency and consistency related to the scheduling process. IV. Statutory and Regulatory Requirements A. Executive Orders 12866 and 13563 Executive Orders 12866 (Regulatory Planning and Review), as amended by Executive Order 14094 (Modernizing Regulatory Review) and 13563 (Improving Regulation and Regulatory Review) direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. CBP anticipates that during the five-year period of analysis, this rule will result in approximately $210 million in net transfer payments to CBP, or on average $51.2 million annually (assuming a 7 percent discount rate and using 2022 U.S. dollars). The Office of Management and Budget (OMB) has not designated this rule a ‘‘significant regulatory action,’’ under section 3(f) of Executive Order 12866. Accordingly, OMB has not reviewed it. CBP has prepared the following analysis to help inform stakeholders of the impacts of this final rule. 1. Purpose of the Rule CBP operates several voluntary trusted traveler programs that afford pre-approved travelers with dedicated processing when traveling to the United States. These programs are the Global Entry program, SENTRI program, and NEXUS program.23 When originally developed, each program had its own application process and participants of one program could not take advantage of the benefits of other programs. As the programs expanded, CBP determined that it was necessary to unify certain aspects of the three trusted traveler programs. Currently, the programs have a nearly identical application process and certain participants of any one of the programs can enjoy nearly all the benefits of the other two trusted traveler programs. However, regulatory changes are needed to unify certain aspects of the programs. Although the trusted traveler programs all offer nearly reciprocal benefits with each other, the original Global Entry, SENTRI, and NEXUS fees are $100, $122.25, and $50, respectively. In addition to leading to potential confusion and charging different prices for nearly the same product for prospective and renewing trusted traveler program participants, these fees are no longer sufficient to recover CBP’s costs to administer the programs. Instead, all unreimbursed costs are currently covered by appropriated funds. As discussed below, CBP has determined that a harmonized fee of $120 is appropriate and necessary to 23 As stated in footnote 2, the FAST program is another CBP trusted traveler program that allows pre-approved commercial truck drivers dedicated processing at select commercial ports of entry at the northern and southern land borders. This program has different vetting standards, is offered to a different type of traveler, and does not have the same benefits as the Global Entry, SENTRI, and NEXUS programs. TSA PreCheck is an additional DHS trusted traveler program administered by the TSA. E:\FR\FM\02APR1.SGM 02APR1 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations recover a reasonable portion of the costs associated with application processing for these trusted traveler programs. Beyond harmonizing the fee for Global Entry and SENTRI programs 24 so that CBP recovers a reasonable portion of the costs of these programs, this final rule CBP will also implement a number of other changes. CBP will revise the SENTRI fee payment schedule and certain aspects of the application process, including incorporating the SENTRI program into DHS regulations. CBP will also exempt minors who are applying to Global Entry or SENTRI from the fee when one or more parents or legal guardians are already a participant of or concurrently applying for the same program. Additionally, CBP will eliminate the DCL fee currently applicable only to approved SENTRI participants and will require all SENTRI program applications and additional SENTRI program vehicle registrations fees to be paid for electronically. Finally, Global Entry regulations will also be updated in this final rule to be consistent with the program’s expansion to certain U.S. territories and preclearance facilities. 2. Background When originally developed, the Global Entry, SENTRI, and NEXUS programs each had its own application process and participants in one program could not take advantage of the benefits of other programs. As the programs expanded, CBP determined that it was necessary to unify certain aspects of the 22617 three trusted traveler programs. Currently, the programs have a nearly identical application process and participants in any one of the programs can enjoy nearly all the benefits of the other two trusted traveler programs. As shown in Table 1 below, certain NEXUS and SENTRI participants are eligible to use Global Entry kiosks and Global Entry participants are eligible to use NEXUS lanes and marine reporting locations when entering the United States, as well as SENTRI lanes. Additionally, SENTRI participants are permitted to use NEXUS lanes and marine reporting locations when entering the United States and NEXUS participants are permitted to use SENTRI lanes. TABLE 1—TRUSTED TRAVELER PROGRAMS’ SHARED BENEFITS Trusted traveler program Dedicated processing through SENTRI Lanes ............................................................................................................................. Global Entry Kiosks ..................................................................................................................... NEXUS Lanes (into U.S.) ............................................................................................................ NEXUS Marine Reporting Stations (into U.S.) ............................................................................ NEXUS Lanes (into CAN) ........................................................................................................... NEXUS Marine Reporting Stations (into CAN) ........................................................................... Automated Air Kiosks (into CAN) ................................................................................................ SENTRI Global entry NEXUS X *X X X ........................ ........................ ........................ X X X X ........................ ........................ ........................ X ** X X X X X X khammond on DSKJM1Z7X2PROD with RULES * U.S. citizens and lawful permanent residents may use this benefit. Mexican nationals may only use this benefit upon successful completion of a thorough risk assessment by the Mexican government. ** NEXUS participants may use this benefit if they meet all Global Entry processing requirements, including having a valid travel document (e.g., book passport). Despite the nearly identical application process and the nearly reciprocal benefits each program has with one another, each of these trusted traveler programs still had its own fee. As such, CBP is harmonizing the application fee for these three trusted traveler programs. CBP has determined that a fee of $120 is necessary in order to recover a reasonable portion of the costs associated with application processing for the Global Entry, SENTRI, and NEXUS trusted traveler programs.25 The fee study documenting the fee change, has been included on the docket of this rulemaking (docket number USCBP–2020–0035).26 Table 2 presents the components of the new harmonized fee. 1753(c), the fee setting of a joint U.S.Canada project, such as the NEXUS program, is exempt from the (1) TTP System/GES .................... $17.17 Administrative Procedure Act. (2) FBI Fingerprinting ................... 14.50 Accordingly, changes to the NEXUS fee (3) Enrollment Center ................... 52.54 are being announced in a separate (4) Vetting Center ......................... 14.47 Federal Register notice. (5) RFID Card ............................... 15.87 Below are brief descriptions of the (6) HQ Staff, Call Center, and Miscellaneous ........................... 2.54 Global Entry and SENTRI trusted Sum ....................................... 117.09 traveler programs and an explanation of their original fee structures (for details regarding the NEXUS trusted traveler Calculated Fee, rounded up to the nearest program, please refer to the NEXUS $5.00 ........................... 120.00 website at https://www.cbp.gov/travel/ trusted-traveler-programs/nexus): Although CBP is harmonizing the fee a. SENTRI for the Global Entry, SENTRI, and NEXUS trusted traveler programs, this The SENTRI program allows prerule only concerns changes to the fee for approved, low-risk, travelers dedicated the Global Entry and SENTRI trusted CBP processing at specified land border traveler programs. Pursuant to 8 U.S.C. ports along the U.S.-Mexico border. The 24 Changes to the NEXUS fee are being announced in a separate Federal Register notice. 25 CBP notes that 2⁄3 of the revenue from NEXUS applicants goes to the United States government and the remaining 1⁄3 of revenue from NEXUS applicants goes to the Canadian government. Therefore, even though the fee calculated below is set to recover the costs of the program, the United States will only receive 2⁄3 of the revenue necessary to cover its costs of the NEXUS program. CBP considers the revenue to be sufficient to cover a reasonable portion of the costs. CBP has not adjusted the fee higher to account for this because doing so would cause applicants to SENTRI and Global Entry to subsidize the costs of the NEXUS program. 26 During the NPRM for this rule, CBP used the estimates on enrollment numbers for SENTRI and Global Entry programs from ‘The CBP Trusted Traveler Programs Fee Study.’ As significant time VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 TABLE 2—NEW TRUSTED TRAVELER PROGRAMS FEE PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 has passed, CBP has updated the historical and projected enrollment numbers for SENTRI and Global Entry programs in the economic analysis for this final rule. The harmonized $120 fee calculated in the ‘The CBP Trusted Traveler Programs Fee Study,’ was agreed to with Canada. As it was based on recent, though not completely up to date, data, CBP is not revising the fee amount in this rule. E:\FR\FM\02APR1.SGM 02APR1 22618 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations SENTRI program originally had a fee of $122.25. This fee was comprised of three parts: a $25 application fee, an $82.75 DCL fee, and a $14.50 FBI fingerprinting fee for applicants 14 years of age or older.27 Prior to the effective date of this rule, unlike Global Entry and NEXUS, SENTRI applicants did not pay the entire fee when submitting their application. Initially, a SENTRI applicant was only required to pay the $25 application fee. Payment of the $14.50 FBI fingerprinting fee and the $82.75 DCL fee was only required if a SENTRI applicant was conditionally approved for membership in the program. In order to lessen the financial burden for families applying to the SENTRI trusted traveler program, CBP placed a cap on the maximum amount that a family was required to pay for the application and DCL components of the SENTRI program fee. As shown in Table 3, these caps were $50 and $165.50, respectively, or the rough equivalent to the cost of two applicants. For the purposes of the SENTRI program prior to this rule, CBP considered a family to be one or more parents or legal guardians, and minors under 18 years of age.28 In fiscal year (FY) 2022, CBP received $15.6 million in SENTRI fee revenue.29 30 TABLE 3—ILLUSTRATIVE SENTRI FEE FAMILY OPTION PLAN Fee component Family member Cost Application ............................ Parent or Legal Guardian ............................................... $25 per person until the maximum family cap of $50 is reached. DCL ...................................... Parent or Legal Guardian. Minors 14–17 years of age. Minors under 14 years of age. Parent or Legal Guardian ............................................... FBI Fingerprinting ................ Parent or Legal Guardian. Minors 14–17 years of age. Minors under 14 years of age. Parent or Legal Guardian ............................................... Parent or Legal Guardian ............................................... Minors 14–17 years of age ............................................. Minors under 14 years of age ......................................... $82.75 per person until the maximum family cap of $165.50 is reached. $14.50. $14.50. $14.50. $0. Note: for the purpose of illustration this table shows a family as up to two parents with minors of differing ages. However, CBP acknowledges that a family could be a single parent with minors of differing ages or a legal guardian(s) with minors of differing ages. Also, see footnote 15, above, noting that the new SENTRI regulation does not rely upon a definition of ‘‘family.’’ This final rule harmonizes the required fee when applying for membership in the Global Entry and SENTRI trusted traveler programs. The Global Entry and SENTRI programs originally had fees of $100 and $122.25, respectively. As discussed above, CBP has determined that a fee of $120 is necessary in order to recover a reasonable portion of the costs associated with application processing for CBP’s trusted traveler programs. In addition to the fee changes, CBP is revising the SENTRI fee payment schedule; exempting minors from paying the fee if one or more parents or legal guardians are already a participant of or concurrently applying for Global Entry or SENTRI; requiring all SENTRI applicants to apply and pay electronically; requiring that additional SENTRI program vehicle registrations be paid for electronically; and eliminating the DCL fee currently applicable to only approved SENTRI participants. When assessing costs of final rules, agencies must take care to not include transfer payments in their cost analysis. As described in OMB Circular A–4, transfer payments occur when ‘‘. . . monetary payments from one group [are made] to another [group] that do not affect total resources available to society.’’ 32 Examples of transfer payments include payments for insurance and fees paid to a government agency for services that an agency already provides.33 The Global Entry and SENTRI trusted traveler programs are established programs that already require a fee in order to participate. Prior to this final rule, fees did not cover the entire costs to CBP for administering these programs and unreimbursed costs were covered by appropriated funds. Accordingly, the fee changes, including changes in who is exempt, to the trusted traveler programs do not increase overall costs to society as these unreimbursed costs are already being paid by appropriated funds. As such, a change to the fee associated with each program is considered a transfer 27 Data provided by subject matter experts from CBP’s Office of Admissibility and Passenger Programs, Trusted Traveler Programs Division, Office of Field Operations on May 23, 2018. Also, on March 19, 2012, the FBI fingerprinting fee decreased from $17.25 to $14.50 (76 FR 78950). 28 Note that the new SENTRI regulation implemented in this final rule does not rely upon a definition of ‘‘family’’ or include a ‘‘family option’’ plan. Rather, any minor applying concurrently with a parent or legal guardian or whose parent or legal guardian is already a participant of SENTRI is exempt from payment of the SENTRI application fee. 29 Data provided by subject matter experts from CBP’s Office of Admissibility and Passenger Programs, Trusted Traveler Programs Division, Office of Field Operations on February 7, 2023. 30 In addition to requiring individuals to apply to the SENTRI program, CBP requires that vehicles be approved by CBP for use in SENTRI lanes. The SENTRI program fee includes the registration of one vehicle during the initial application or renewal process. A fee of $42 is required for any additional vehicle to be registered for use in SENTRI lanes (maximum of four vehicles) or for the participant to register his or her first vehicle after the initial application or renewal process. The total SENTRI fee revenue includes fees associated with vehicle registration. This rule will not change these aspects of the SENTRI program. 31 Revenue data provided by CBP’s Office of Admissibility and Passenger Programs, Trusted Traveler Programs Division, Office of Field Operations on February 7, 2023. 32 OMB Circular A–4: https:// www.whitehouse.gov/wp-content/uploads/legacy_ drupal_files/omb/circulars/A4/a-4.pdf. 33 Regulatory Impact Analysis: Frequently Asked Questions (FAQ): https://www.whitehouse.gov/wpcontent/uploads/legacy_drupal_files/omb/assets/ OMB/circulars/a004/a-4_FAQ.pdf. b. Global Entry The Global Entry program allows preapproved, low-risk travelers dedicated CBP processing at designated airports. The Global Entry program originally had a fee of $100. In FY 2022, CBP received $252.7 million in Global Entry fee revenue.31 khammond on DSKJM1Z7X2PROD with RULES 3. Costs VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\02APR1.SGM 02APR1 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations payment. CBP does recognize that the fee changes may have a distributional impact on individuals and families applying or renewing their membership in either the Global Entry or SENTRI trusted traveler program. In order to inform stakeholders of all potential effects of the final rule, CBP has analyzed the distributional effects of the final rule below in section ‘‘V. A. 4. Distributional Impacts.’’ In addition to adjusting the fees required for membership in the Global Entry and SENTRI trusted traveler programs, CBP is requiring that all SENTRI applicants apply and pay the requisite application fee electronically and pay the vehicle registration fee electronically.34 CBP estimates that it takes the same amount of time to complete the electronic SENTRI application and make an electronic payment for the application and registration fee as it does to complete a paper SENTRI application and vehicle registration and make a payment by cash or check at an enrollment center. CBP believes that requiring an electronic application and payment is necessary to increase efficiency of the SENTRI program application and SENTRI vehicle registration process. Additionally, this further harmonizes the three trusted traveler programs because electronic applications and payments are a current CBP requirement for the Global Entry and NEXUS programs.35 CBP recognizes that applying and paying for the SENTRI program and vehicle registrations electronically requires internet access notes, however, that this rule does not change the vehicle fee and each SENTRI participant will continue to receive one vehicle registration for no additional cost when either renewing or applying to the SENTRI program. 35 A NEXUS applicant may submit a paper application to apply to the NEXUS program. This is a CBSA form, not a CBP form. As such, the paper NEXUS application is sent to CBSA, processed, and input by CBSA. CBP’s NEXUS application and application submission are completely electronic. khammond on DSKJM1Z7X2PROD with RULES 34 CBP VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 and those without readily available internet access will have to visit a facility that provides internet access to the public (e.g., a library). However, in 2022, CBP received 232,026 SENTRI applications and 105,063 SENTRI vehicle enrollment applications, all of which were submitted electronically (no paper submissions).36 Applicants would not likely opt to file electronically if it were more burdensome to do so. For this reason, CBP assumes that no applicants will need to travel to access the internet for the purpose of paying the required fee. To the extent that someone does need to travel to obtain internet access, they will incur small opportunity and transportation costs. CBP notes that the SENTRI program is a voluntary program and that all individuals must determine if the benefits of receiving dedicated CBP processing either meet or exceed the costs of joining the SENTRI program. In addition to shifting the applications and vehicle registrations to be completed electronically, CBP is codifying SENTRI vehicle inspection changes that have previously been implemented. Formerly, the SENTRI vehicle inspection took place at the enrollment center. On November 17, 2015, CBP changed this inspection process and notified affected applicants and SENTRI participants of the new process by email. Under the new vehicle inspection process, which is still in effect, a vehicle must be approved by CBP for use in the SENTRI lanes and subsequently inspected at secondary 36 Data provided from CBP’s Borderstat Database by subject matter experts from CBP’s Office of Admissibility and Passenger Programs, Trusted Traveler Programs Division, Office of Field Operations on February 21, 2023. CBP notes that the average time to complete a SENTRI application is approximately one year. This represents the time between when the application is received and the final decision on enrollment into the SENTRI program. Therefore, applications submitted in a given year are not always comparable to the number of enrollments. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 22619 inspection during one of the vehicle’s crossings into the United States at CBP’s discretion. Despite not having an inspection at the time of enrollment, vehicles remain subject to inspections at the time of crossing through random inspection. The SENTRI vehicle inspection changes resulting from this rule will not result in additional benefits or costs to CBP trusted traveler program participants because the changes have already been implemented and because no additional trip to an enrollment center is needed for the inspection. Along with the regulatory changes discussed above, CBP will implement changes to the information collection associated with the trusted traveler programs (OMB control number 1651– 0121). The change will require a minor applying for membership in either the Global Entry or SENTRI trusted traveler program whose one or more parents or legal guardians are already a participant of the same program to submit his or her parents’ or legal guardians’ names and trusted traveler number. As discussed below, in section ‘‘V. E. Paperwork Reduction Act,’’ CBP estimates that this information collection will take approximately two minutes (0.0333 hours). CBP’s trusted traveler database does not track which minors concurrently apply to a trusted traveler program with one or more parents or legal guardians and which minors apply after one or more parents or legal guardians joined a trusted traveler program. CBP subject matter experts from CBP’s Office of Admissibility and Passenger Programs estimate that two percent of minors (or parents/legal guardians acting on their behalf) apply for membership in a trusted traveler program after one or more parents or legal guardians have already joined a trusted traveler program and, as such, will be subject to the information collection. E:\FR\FM\02APR1.SGM 02APR1 22620 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations joined a trusted traveler program. As such, CBP estimates that only two percent of the projected minor Global Entry and SENTRI applicants shown in Table 5 will be subject to the rule’s proposed application information Total minor Total minor SENTRI global entry collection requiring the submission of Year enrollment enrollment the name and trusted traveler number of applications applications an applicant’s parent(s) or legal Total ...... 234,351 706,838 guardian(s). These applicants will incur a two-minute (0.0333-hour) time burden * Due to the COVID–19 Pandemic, international travel halted, significantly disrupting to submit this information, at a time cost of $1.57 for Global Entry applicants and the SENTRI and Global Entry programs. Note: Totals may not sum due to rounding. $0.68 for SENTRI applicants. 39 Based on the hourly time values of $47.10 for TABLE 5—ESTIMATED MINOR SENTRI Global Entry applicants and $20.40 for AND GLOBAL ENTRY ENROLLMENT SENTRI applicants. 40 Using the APPLICATIONS, 2023–2027 projected number of minor Global Entry and SENTRI future applicants subject to Total minor Total minor the new information collection and the SENTRI global entry Year estimated time costs to complete the enrollment enrollment applications applications new information collection, CBP estimates that it will cost minors (or 40,939 173,884 TABLE 4—HISTORICAL MINOR ENROLL- 2023 .......... parents/legal guardians acting on their 2024 .......... 43,396 198,228 MENT APPLICATIONS FOR SENTRI 2025 .......... 45,999 225,980 behalf) $39,232 in opportunity (or time) AND GLOBAL ENTRY, 2015–2022 2026 .......... 48,759 257,617 costs to complete the information 2027 .......... 51,685 293,683 collection over the five-year period of Total minor Total minor analysis. In the first year (2023), CBP SENTRI global entry Total ...... 230,778 1,149,392 estimates that the new information Year enrollment enrollment collection pursuant to this rule will cost applications applications Note: Totals may not sum due to rounding. minors (or parents/legal guardians As previously stated, CBP subject 2015 .......... 25,003 59,670 acting on their behalf) $6,017. Table 6 2016 .......... 37,102 94,631 matter experts from CBP’s Office of shows the number of minor Global 2017 .......... 34,924 99,232 Admissibility and Passenger estimate Entry and SENTRI applicants required 2018 .......... 32,245 101,209 that two percent of minors (or parents/ to submit the name and trusted traveler 2019 .......... 19,707 82,720 legal guardians acting on their behalf) 2020 * ........ 13,573 38,207 number of one or more parents or legal 2021 .......... 33,175 78,639 apply for membership in a trusted guardians and their annual cost to 2022 .......... 38,622 152,530 traveler program after one or more complete this information collection. parents or legal guardians have already Table 4 shows historical data on the number of minor applicants that enrolled in Global Entry and SENTRI from 2015 to 2022, while Table 5 shows the estimated number of minor Global Entry and SENTRI applications over the period of analysis spanning from 2023 to 2027.37 38 CBP based the 2023 through 2027 minor SENTRI enrollment application figures shown in Table 5 on the compound annual growth rate (CAGR) of minor SENTRI enrollment applications between 2015 and 2022, which is equal to six percent, applied to the number of minor SENTRI applications in each prior year. To estimate the 2023 through 2027 minor Global Entry enrollment applications, CBP applied the 2015 to 2022 CAGR of minor Global Entry enrollment applications of 14 percent to the number of minor Global Entry enrollment applications in each prior year. TABLE 4—HISTORICAL MINOR ENROLLMENT APPLICATIONS FOR SENTRI AND GLOBAL ENTRY, 2015–2022— Continued I TABLE 6—TOTAL COST TO COMPLETE THE INFORMATION COLLECTION FOR MINORS, 2023–2027 [Undiscounted 2022 U.S. dollars] 2% of minor SENTRI applicants Year khammond on DSKJM1Z7X2PROD with RULES 2023 2024 2025 2026 2027 ..................................................................................... ..................................................................................... ..................................................................................... ..................................................................................... ..................................................................................... 37 Data from CBP’s Borderstat database provided by subject matter experts from CBP’s Office of Admissibility and Passenger Programs, Trusted Traveler Programs Division, Office of Field Operations on May 23, 2018, June 22, 2021, and February 21, 2023. 38 Data displayed in tables throughout this analysis are in calendar years unless otherwise noted. 39 $20.40 hourly time value for SENTRI applicants × 0.0333-hour time burden to complete new information collection = $0.68 (rounded); $47.10 hourly time value for Global Entry VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 2% of minor global entry applicants 819 868 920 975 1,034 3,478 3,965 4,520 5,152 5,874 applicants × 0.0333-hour time burden to complete new information collection = $1.57 (rounded). 40 CBP bases the $20.40 hourly time value for SENTRI applicants on the U.S. Department of Transportation’s (DOT) hourly time value of $20.40 for all-purpose, intercity travel by surface modes (except high-speed rail). CBP used this hourly time value for all-purpose, intercity travel by surface modes for SENTRI applicants because SENTRI members use the program to travel to the United States by land. CBP bases the $47.10 hourly time value for Global Entry applicants on the DOT’s hourly time value of $47.10 for all-purpose, intercity travel by air and high-speed rail. CBP used this hourly time value for all-purpose, intercity PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Cost to minor SENTRI applicants $557 590 626 663 703 Cost to minor global entry applicants $5,460 6,225 7,096 8,089 9,222 Total cost to minor SENTRI and global entry applicants $6,017 6,815 7,722 8,752 9,925 travel by air and high-speed rail for Global Entry applicants because Global Entry members primarily use the program to travel to the United States by air. Source: U.S. Department of Transportation, Office of Transportation Policy. The Value of Travel Time Savings: Departmental Guidance for Conducting Economic Evaluations Revision 2 (2016 Update). ‘‘Table 4 (Revision 2—2016 Update): Recommended Hourly Values of Travel Time Savings.’’ September 27, 2016. Available at https:// www.transportation.gov/sites/dot.gov/files/docs/ 2016%20Revised%20Value%20of%20Travel %20Time%20Guidance.pdf. Accessed May 25, 2022. E:\FR\FM\02APR1.SGM 02APR1 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations 22621 TABLE 6—TOTAL COST TO COMPLETE THE INFORMATION COLLECTION FOR MINORS, 2023–2027—Continued [Undiscounted 2022 U.S. dollars] 2% of minor SENTRI applicants Year Total 2021–2025 ........................................................... 2% of minor global entry applicants 4,616 Cost to minor SENTRI applicants 22,989 3,139 Cost to minor global entry applicants 36,093 Total cost to minor SENTRI and global entry applicants 39,232 Note: Totals may not sum due to rounding. Total Costs Table 7 summarizes the costs of this rule for minors to apply to the Global Entry and SENTRI programs after one or more parents or legal guardians have already done so. Altogether, this rule will impose a total discounted cost on minors from 2023 to 2027 of $31,633 in present value and $7,715 on an annualized basis (using a 7 percent discount rate and 2022 U.S. dollars). TABLE 7—TOTAL MONETIZED PRESENT VALUE AND ANNUALIZED COSTS OF RULE, 2023–2027 [2022 U.S. dollars] 3% discount rate Present Value Cost .................................................................................................................................................. Annualized Cost ....................................................................................................................................................... $35,670 7,789 7% discount rate $31,633 7,715 Note: The estimates in this table are contingent upon CBP’s projections as well as the discount rates applied. membership. Using the above historical TABLE 8—HISTORICAL APPROVED ADULT SENTRI APPLICANTS, 2015– data in Table 8 and the 13 percent CAGR of approved adult SENTRI 2022 4. Distributional Impacts a. SENTRI Pursuant to this final rule, the SENTRI fee will decrease from $122.25 to $120, the entire SENTRI fee will be required to be paid when submitting a SENTRI program application, and minors will be exempt from the SENTRI program fee when one or more parents or legal guardians are either a participant of or concurrently applying for SENTRI. Table 8 shows the historical approved adult SENTRI applicants from 2015 to 2022.41 Total SENTRI enrollment applications approved applicants age 18 or older Year 2015 ...................................... 2016 ...................................... 2017 ...................................... 2018 ...................................... 2019 ...................................... 2020 * .................................... 2021 ...................................... 2022 ...................................... 55,209 88,163 91,468 84,195 66,916 58,994 131,811 129,260 Total .................................. 706,016 * Due to the COVID–19 Pandemic, international travel halted significantly disrupting the SENTRI program. Note: Totals may not sum due to rounding. khammond on DSKJM1Z7X2PROD with RULES 41 Data from CBP’s Borderstat database provided by subject matter experts from CBP’s Office of Admissibility and Passenger Programs, Trusted Traveler Programs Division, Office of Field Operations on May 23, 2018, June 22, 2021, and February 21, 2023. VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 The SENTRI program fee decrease is estimated to save individuals 18 years of age or older $2.25 over a five-year period (an average of $0.45 per year) when they either apply for SENTRI for the first time or renew their SENTRI PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 applications between 2015 and 2022, CBP estimates that over the five-year period of analysis from 2023 to 2027, 946,533 adults (189,307 adults per year on average) will either join the SENTRI program or renew their memberships. Based on these projected memberships, CBP estimates that the fee decrease will result in decreased transfer payments from SENTRI applicants to the U.S. Government of approximately $2,129,699 ($425,940 per year on average) over the five-year period of analysis (946,533 estimated SENTRI applications × $2.25 fee decrease = $2,129,699). This is shown in Table 9 below. CBP notes that the SENTRI program is a voluntary program, and each renewing or prospective participant must determine if the benefits of dedicated CBP processing into the United States will equal or exceed the costs of the program. CBP compares these benefits and costs below in section ‘‘V. A. 8. Benefits and Breakeven Analysis.’’ E:\FR\FM\02APR1.SGM 02APR1 22622 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations TABLE 9—DECREASE IN TRANSFER PAYMENTS FROM ADULT SENTRI APPLICANTS TO CBP AS A RESULT OF THIS RULE, 2023–2027 [Undiscounted 2022 U.S. dollars] Approved adult SENTRI enrollment applications Transfers based on old fee of $122.25 Transfers based on new fee of $120 Decrease in transfers from applicants ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. 146,064 165,052 186,509 210,755 238,153 $17,856,324 20,177,607 22,800,725 25,764,799 29,114,204 $17,527,680 19,806,240 22,381,080 25,290,600 28,578,360 $328,644 371,367 419,645 474,199 535,844 Total .......................................................................................................... 946,533 115,713,659 113,583,960 2,129,699 Year 2023 2024 2025 2026 2027 Note: Totals may not sum due to rounding. In addition to decreasing the fee for the SENTRI program, CBP is requiring that the entire fee be paid when submitting an application. Originally, renewing and prospective SENTRI participants were only required to pay a $25 application fee when submitting a SENTRI program application and an applicant was not responsible for the remaining fee components, including the $14.50 FBI fingerprinting fee and the $82.75 DCL fee, if they did not receive a conditional approval. Under this final rule, a SENTRI applicant who does not receive a conditional approval will see a $95 increase in price ([$120 new SENTRI fee¥$25 current SENTRI application fee] = $95). As previously mentioned, this new fee does not include any costs related to DCLs because the technology deployed, and costs associated with the creation of DCLs, are no longer necessary and CBP is eliminating the fee with this rule. CBP estimates that over the last four years, an average of approximately 7,266 individuals per year did not receive a conditional approval when applying for the SENTRI program.42 Using this annual average over the last four years as a projection of SENTRI applicants who will not receive a conditional approval over the period of analysis, and assuming that these applicants are adults, CBP estimates that SENTRI applicants who do not receive a conditional approval will transfer up to an additional $3,451,350 to the U.S. Government pursuant to the changes implemented by this rule between 2023 and 2027, or $690,270 per year (7,266 SENTRI applicants not receiving a conditional approval * $95 = $690,270 * 5 years = $3,451,350). This is shown in Table 10 below.43 TABLE 10—ESTIMATED INCREASE IN TRANSFER PAYMENTS FROM ADULT SENTRI APPLICANTS TO CBP AS A RESULT OF THE RULE, 2023–2027 [Undiscounted 2022 U.S. dollars] * SENTRI applications without conditional approval Year 2023 2024 2025 2026 2027 Transfer based on old fee of $25 Transfer based on new fee of $120 Increase in transfers from applicants ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. ................................................................................................................. 7,266 7,266 7,266 7,266 7,266 $181,650 181,650 181,650 181,650 181,650 $871,920 871,920 871,920 871,920 871,920 $690,270 690,270 690,270 690,270 690,270 Total .......................................................................................................... 36,330 908,250 4,359,600 3,451,350 khammond on DSKJM1Z7X2PROD with RULES * CBP assumes, for the purposes of this analysis, that the applicants included in this table who do not receive conditional approval for their SENTRI applications are adults. Note: Totals may not sum due to rounding. This rule also exempts minors from paying the SENTRI fee when one or more parent or legal guardian is a participant of or concurrently applies for SENTRI. As shown in Table 3, CBP originally placed a cap on the maximum amount a family was required to pay for the application and DCL components of the SENTRI program fee. For the purposes of the SENTRI program prior to this rule, a family was considered to be one or more parents or legal guardians and minors under 18 years of age. Upon the effective date of this rule, CBP will exempt minors from the SENTRI fee as long as one or more parents or legal guardians are a participant of or concurrently applying for SENTRI. CBP’s SENTRI database does not track which participants have family participants that also participate 42 Data from CBP’s Borderstat database provided by subject matter experts from CBP’s Office of Admissibility and Passenger Programs, Trusted Traveler Programs Division, Office of Field Operations on March 5, 2021, and February 21, 2023. 43 CBP’s original estimate in the NPRM for this rule erroneously included the FBI fingerprinting fee of $14.50 in the amount paid by SENTRI applicants before conditional approval. However, the FBI fingerprinting fee is actually collected after a SENTRI applicant has been or not been conditionally approved. Therefore, CBP adjusted these estimates since the NPRM and now for the final rule these estimates correctly reflect that SENTRI applicants who are not conditionally approved will experience their fee increase from $25 to $120 under the rule as opposed to the original estimate of a fee increase from $39.50 to $120. VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\02APR1.SGM 02APR1 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations in the program. As such, CBP is unable to determine how many families will benefit, or the extent to which they will benefit, from this change. However, assuming that in the absence of this rulemaking, future SENTRI applicants under 18 years of age will largely be exempt from the SENTRI fee because of the existing SENTRI fee exemptions for minors, this rule’s fee exemption for minors will have no impact on transfer payments between minor SENTRI 22623 applicants and CBP during the period of analysis. CBP presents two examples below in Table 11 to illustrate the possible savings that a family may receive under the final rule. TABLE 11—ILLUSTRATIVE EXAMPLES OF THE SENTRI PROGRAM SAVINGS Change from original fee structure Example Fee structure Cost A single parent or legal guardian and one 14-year-old minor child apply for the SENTRI program. Original ........... $244.50 ([2 individuals * $25 application fee = $50] + [2 individuals * $82.75 DCL fee = $165.50] + [2 individuals * $14.50 FBI fingerprinting fee = $29] = $244.50). No change. New ................ $120 ([1 adult * $120 SENTRI program fee] + [1 minor under 18 years of age * $0 SENTRI program fee] = $120). $273.50 ([4 individuals * $25 application fee = $50 family cap] + [4 individuals * $82.75 DCL fee = $165.50 family cap] + [4 individuals * $14.50 FBI fingerprinting fee = $58] = $273.50). Savings of $124.50 ($244.50¥$120 = $124.50). No change. $240 ([2 adult * $120 SENTRI program fee] + [2 minors under 18 years of age * $0 SENTRI program fee] = $240). Savings of $28 ($268¥$240 = $28). A family of four comprising of two parents or legal guardians, and two 14-year-old minor children apply for the SENTRI program. Original ........... New ................ b. Global Entry Under the final rule, the Global Entry program fee will increase from $100 to $120 and minors will be exempt from the Global Entry program fee when one or more parents or legal guardians are either a participant of or are concurrently applying for Global Entry. CBP acknowledges that prior to the fee change, some private credit card companies reimbursed the full amount of the $100 application fee to Global Entry applicants. Unfortunately, CBP does not have data available on the number of Global Entry applicants receiving such reimbursement. Therefore, CBP is unable to project the number of applicants who may or may not receive fee reimbursements in the future as a result of the increased fee from $100 to $120. In any case, regardless of whether the applicant is reimbursed by his or her credit card company, CBP still receives the payment of the fee. Therefore, CBP does not account for instances where a Global Entry applicant is reimbursed the fee by a private credit card company, when estimating the costs and benefits of this rule. Table 12 below details the historical approved adult Global Entry applications from 2015 to 2022.44 TABLE 12—HISTORICAL APPROVED ADULT GLOBAL ENTRY APPLICATIONS, 2015–2022 Total approved adult GE enrollment applications Year 2015 ...................................... 2016 ...................................... 2017 ...................................... 2018 ...................................... 2019 ...................................... 2020 * .................................... 2021 ...................................... 2022 ...................................... 770,875 1,154,854 1,397,685 1,455,383 1,607,717 802,598 1,586,181 2,287,552 Total .................................. 11,052,845 * Due to the COVID–19 Pandemic, international travel halted, significantly disrupting the Global Entry program. The Global Entry program fee increase will cost individuals 18 years of age or older an additional $20 over a five-year period (an additional $4 per year) when they either apply for the Global Entry trusted traveler program for the first time or renew their Global Entry membership. Considering the above historical data in Table 12 and the 17 percent CAGR of approved adult Global Entry applications between 2015 and 2022, CBP estimates that 18,773,592 adults (3,754,718 adults per year) will either renew or apply to join the Global Entry program over the period of analysis. Using this figure, CBP estimates that the fee increase will result in an increased transfer payment from Global Entry applicants to the U.S. Government (namely, CBP) of $375,471,840 from 2023 to 2027 (18,773,592 estimated Global Entry applicants * $20 fee increase = $375,471,840). In 2023, the fee increase will result in an increased transfer payment of $53,528,720. This is shown in Table 13 below. CBP notes that the Global Entry program is a voluntary program, and each renewing or prospective participant must determine if the benefits of dedicated CBP processing into the United States will equal or exceed the costs of the program. CBP compares these benefits and costs below in section ‘‘V. A. 8. Benefits and Breakeven Analysis.’’ TABLE 13—INCREASE IN TRANSFER PAYMENTS FROM ADULT GLOBAL ENTRY APPLICANTS TO CBP AS A RESULT OF THE RULE, 2023–2027 khammond on DSKJM1Z7X2PROD with RULES [Undiscounted 2022 U.S. dollars] Approved adult global entry applications Year 2023 ......................................................................................... 44 Data from CBP’s Borderstat database provided by subject matter experts from CBP’s Office of VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 2,676,436 Transfer based on old fee of $100 Transfer based on new fee of $120 $267,643,600 $321,172,320 Admissibility and Passenger Programs, Trusted Traveler Programs Division, Office of Field PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 Increase in transfers from applicants $53,528,720 Operations on May 23, 2018, June 22, 2021, and February 21, 2023. E:\FR\FM\02APR1.SGM 02APR1 22624 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations TABLE 13—INCREASE IN TRANSFER PAYMENTS FROM ADULT GLOBAL ENTRY APPLICANTS TO CBP AS A RESULT OF THE RULE, 2023–2027—Continued [Undiscounted 2022 U.S. dollars] Approved adult global entry applications Year 2024 2025 2026 2027 Total ......................................................................................... ......................................................................................... ......................................................................................... ......................................................................................... ......................................................................................... 3,131,430 3,663,773 4,286,614 5,015,339 18,773,592 Transfer based on old fee of $100 Transfer based on new fee of $120 313,143,000 366,377,300 428,661,400 501,533,900 1,877,359,200 375,771,600 439,652,760 514,393,680 601,840,680 2,252,831,040 Increase in transfers from applicants 62,628,600 73,275,460 85,732,280 100,306,780 375,471,840 Note: Totals may not sum due to rounding. This rule also exempts minors from the Global Entry fee when one or more parents or legal guardians is a participant of or concurrently applies for Global Entry. Originally, all Global Entry applicants were required to pay the full $100 fee. CBP’s Global Entry database does not track which participants have family participants that also participate in the program. As such, CBP is unable to determine how many families will benefit, or the extent to which they will benefit, from the change. However, assuming that all minor Global Entry applicants will be exempt from the applicant fee based on their one or more parents’ or legal guardians’ concurrent application or membership, this fee change will affect up to 1,149,392 minor Global Entry applicants (see Table 5) and result in a maximum of $114,939,200 in fee savings to these applicants (and their respective families). CBP presents the example below in Table 14 to illustrate the possible savings that a family may receive under the final rule. Table 15 shows the potential decrease in transfer payments from minor Global Entry applicants to CBP as a result of this rule under the assumption that all minor Global Entry applicants will be exempt from the applicant fee with this rule based on their one or more parents’ or legal guardians’ concurrent Global Entry application or membership. TABLE 14—ILLUSTRATIVE EXAMPLE OF THE GLOBAL ENTRY PROGRAM SAVINGS Change from original fee structure Example Fee structure Cost A single parent or legal guardian and one 14-year-old minor child apply for the Global Entry program. Original ........... $200 ([1 adult * $100 current Global Entry program fee] + [1 minor under 18 years of age * $100 current Global Entry program fee] = $200). No change. New ................ $120 ([1 adult * $120 Global Entry program fee] + [1 minor under 18 years of age * $0 Global Entry program fee] = $120). $400 ([2 adults * $100 current Global Entry program fee] + [2 minors under 18 years of age * $100 current Global Entry program fee] = $400). Savings of $80 ($200¥$120 = $80). A family of four comprising two parents or legal guardians and two minor children under 18 years of age apply for the Global Entry program. Original ........... New ................ $240 ([2 adults * $120 Global Entry program fee] + [2 minors under 18 years of age * $0 Global Entry program fee] = $240). No change. Savings of $160 ($400¥$240 = $160). TABLE 15—POTENTIAL DECREASE IN TRANSFER PAYMENTS FROM MINOR GLOBAL ENTRY APPLICANTS TO CBP AS A RESULT OF THE RULE, 2023–2027 [Undiscounted 2022 U.S. dollars] Minor global entry applicants Transfer based on old fee of $100 Transfer based on new fee of $0 Potential decrease in transfers from applicants ......................................................................................... ......................................................................................... ......................................................................................... ......................................................................................... ......................................................................................... 173,884 198,228 225,980 257,617 293,683 $17,388,400 19,822,800 22,598,000 25,761,700 29,368,300 $0 0 0 0 0 $17,388,400 19,822,800 22,598,000 25,761,700 29,368,300 Total .................................................................................. 1,149,392 114,939,200 0 114,939,200 Sfmt 4700 E:\FR\FM\02APR1.SGM khammond on DSKJM1Z7X2PROD with RULES Year 2023 2024 2025 2026 2027 Note: Totals may not sum due to rounding. VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 PO 00000 Frm 00018 Fmt 4700 02APR1 22625 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations 5. Total Monetized Decrease in Transfer Payments to U.S. Government Table 16 summarizes the total monetized decrease in transfer payments from the Global Entry and SENTRI applicants to CBP as a result of this final rule (see Table 9 and Table 15). Altogether, this rule could result in a total discounted decrease in monetized transfer payments from Global Entry and SENTRI applicants to the U.S. Government from 2023 to 2027 ranging from $94.3 million to $106.4 million in present value and $23.0 million to $23.2 million on an annualized basis, depending on the discount rate used. TABLE 16—TOTAL POTENTIAL MONETIZED PRESENT VALUE AND ANNUALIZED DECREASE IN TRANSFER PAYMENT FROM APPLICANTS TO CBP AS A RESULT OF THE RULE, 2023–2027 [2022 U.S. dollars] 3% Discount rate Present Value Decrease in Transfer Payment ............................................................................................ Annualized Decrease in Transfer Payment ................................................................................................. $106,406,193 23,234,279 7% Discount rate $94,322,091 23,004,280 Note: The estimates in this table are contingent upon CBP’s projections as well as the discount rates applied. 6. Total Monetized Increase in Transfer Payments to U.S. Government Table 17 summarizes the total monetized increase in transfer payments from the Global Entry and SENTRI applicants to CBP as a result of this final rule. Altogether, this rule could result in a total discounted increase in monetized transfer payments from Global Entry and SENTRI applicants to the U.S. Government from 2023 to 2027 (see Table 10 and Table 13) ranging from $304.3 million to $343.9 million in present value and $74.2 million to $75.1 million on an annualized basis, depending on the discount rate used. TABLE 17—TOTAL POTENTIAL MONETIZED PRESENT VALUE AND ANNUALIZED INCREASE IN TRANSFER PAYMENTS FROM APPLICANTS TO CBP AS A RESULT OF THE RULE, 2023–2027 [2022 U.S. dollars] 3% Discount rate Present Value Increase in Transfer Payments ........................................................................................... Annualized Increase in Transfer Payments ................................................................................................ $343,919,284 75,096,348 7% Discount rate $304,296,025 74,214,969 Note: The estimates in this table are contingent upon CBP’s projections as well as the discount rates applied. 7. Net Transfer Payments to U.S. Government Table 18 illustrates the potential monetized net transfer payments of this rule from Global Entry and SENTRI applicants to the U.S. Government (namely, CBP). As shown, the total monetized present value net transfer payment of this rule from applicants to the U.S. Government over the five-year period of analysis from 2023 to 2027 could range from approximately $210.0 million to $237.5 million. The annualized net transfer payment could measure between $51.2 million and $51.9 million over the period of analysis. TABLE 18—TOTAL POTENTIAL MONETIZED PRESENT VALUE AND ANNUALIZED NET TRANSFER PAYMENTS OF RULE, 2023– 2027 [2022 U.S. dollars] 3% Discount rate Present value Total Decrease in Transfer Payments from Applicants to CBP ...................................................................................... Total Increase in Transfer Payments from Applicants to CBP Total Net Transfer Payments from Applicants to CBP ........... $106,406,193 343,919,284 237,513,091 7% Discount rate Annualized $23,234,279 75,096,348 51,862,069 Present value $94,322,091 304,296,025 209,973,935 Annualized $23,004,280 74,214,969 51,210,689 khammond on DSKJM1Z7X2PROD with RULES Note: The estimates in this table are contingent upon CBP’s projections as well as the discount rates applied. 8. Benefits and Breakeven Analysis CBP is exempting minors from paying the trusted traveler program fee when one or more parents or legal guardians is a participant of or concurrently applying for membership in the same program to which the minor is applying. Originally, minors applying for the Global Entry program were required to pay the full $100 program fee. Minors applying for the SENTRI program, VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 however, could be exempt from certain SENTRI fee components (see Table 3). In addition, to lessen the financial burden for families applying to the SENTRI trusted traveler program, CBP originally placed a cap on the maximum amount that a family was required to pay for the application and DCL components of the SENTRI program fee. The maximum caps were $50 and $165.50, respectively. For the purposes PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 of the SENTRI program prior to this rule, CBP considered a family to be one or more parents or legal guardians, and minors under 18 years of age. The fee exemption for certain minors pursuant to this rule is a reduction in a transfer payment. As such, this change is not considered a benefit of this rule to society. CBP does recognize, however, that the fee changes may have a positive distributional impact on E:\FR\FM\02APR1.SGM 02APR1 khammond on DSKJM1Z7X2PROD with RULES 22626 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations individuals and families applying or renewing their memberships in either the Global Entry or SENTRI trusted traveler program. In order to inform stakeholders of all potential effects of the final rule, CBP has analyzed the distributional effects of the final rule in section ‘‘V.A.4. Distributional Impacts.’’ With this rule, CBP is codifying Global Entry benefits that have previously been implemented. These benefits allow the use of Global Entry in U.S. territories and preclearance facilities. These changes, however, will not confer additional benefits to trusted traveler program participants because they are currently operational. As such, these changes are not analyzed in this analysis. Lastly, CBP is harmonizing the membership fee of $120 for the Global Entry, SENTRI, and NEXUS trusted traveler programs.45 Although the trusted traveler programs all offer nearly reciprocal benefits with each other, the original Global Entry, SENTRI, and NEXUS fees were $100, $122.25, and $50, respectively. In addition to leading to potential confusion and charging of different prices for nearly the same product for prospective and renewing trusted traveler program participants, these different fees are no longer sufficient to recover CBP’s costs to administer the programs. While not easily quantifiable, the fee harmonization will allow individuals to choose the trusted traveler program that meets their travel needs best rather than choosing a program based on the cost. Additionally, the harmonized fee will ensure that a reasonable portion of the CBP costs is recovered and that costs are more equitably distributed among all the trusted traveler program participants now that each program has nearly reciprocal benefits with the other programs. The U.S. GAO conducted a review of the Global Entry, SENTRI, and NEXUS trusted traveler programs.46 During this review, GAO observed 14 land border crossings that utilized SENTRI lanes. Of these 14 crossings, GAO observed 11 crossings where vehicles experienced a time savings of at least 15 minutes (0.25 hours) when crossing the U.S.–Mexico border compared to vehicles in traditional lanes. Considering these observed time savings and the assumed $20.40 hourly time value for SENTRI applicants, CBP estimates that a SENTRI 45 As discussed above, CBP will be issuing a separate Federal Register notice to change the NEXUS fee to $120. 46 Trusted Travelers: Programs Provide Benefits, but Enrollment Processes Could Be Strengthened; available at: https://www.gao.gov/products/GAO-14483. VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 participant saves approximately $5.10 per crossing ($20.40 estimated hourly time value * 0.25 hours of time savings = $5.10). Based on these time cost savings per crossing, CBP estimates that a SENTRI participant 18 years of age or older must make five crossings per year for the benefits of the SENTRI program to equal the cost of membership over the five-year period of analysis ($120 SENTRI fee ÷ 5 years of membership = $24 membership cost per year; $24 membership cost per year ÷ $5.10 estimated savings per crossing = 5 crossings per year (rounded up)).47 This compares to the five crossings currently required under the baseline ($122.25 current SENTRI fee ÷ 5 years of membership = $24.45 membership cost per year; $24.45 membership cost per year ÷ $5.10 estimated savings per arrival = 5 crossings per year (rounded up)). The GAO found that the average time savings for travelers using Global Entry kiosks is 10 minutes (0.1667 hours) to 27 minutes (0.45 hours). As referenced above, using DOT’s guidance, CBP estimates a Global Entry applicant’s hourly time value to be $47.10 per hour. Using this estimate and the minimum Global Entry time savings identified by GAO, CBP estimates that Global Entry participants save at least $7.85 per arrival ($47.10 estimated hourly time value * 0.1667 hours of minimum time savings = $7.85). Based on these minimum time cost savings per arrival, CBP estimates that a Global Entry participant 18 years of age or older must make four arrivals per year for the benefits of the Global Entry program to equal the cost of membership ($120 Global Entry fee ÷ 5 years of membership = $24 membership cost per year; $24 membership cost per year ÷ $7.85 estimated savings per arrival = 4 arrivals per year (rounded up)).48 This compares to the three arrivals currently required under the baseline ($100 current Global Entry fee ÷ 5 years of membership = $20 membership cost per year; $20 membership cost per year ÷ $7.85 estimated savings per arrival = 3 arrivals per year (rounded up)). 601 et seq.), as amended by the Small Business Regulatory Enforcement and Fairness Act of 1996 (SBREFA). A small entity may be a small business (defined as any independently owned and operated business not dominant in its field that qualifies as a small business per the Small Business Act); a small notfor-profit organization; or a small governmental jurisdiction (locality with fewer than 50,000 people). This rule will directly regulate individuals who are primarily not considered small entities under the Regulatory Flexibility Act, as amended by SBREFA. However, a small number of individuals may obtain the rule’s trusted traveler benefit as a sole proprietor. When choosing to re-enroll in the Global Entry or SENTRI programs once this rule is in effect, these sole proprietors must determine if the benefit of receiving dedicated CBP processing still meets or exceeds the cost of joining one of these programs. If an individual voluntarily chooses to join the Global Entry or SENTRI program as a sole proprietor under this rule and he/she is approved for membership, he/she will incur a maximum cost of $20 per year (based on the new Global Entry enrollment fee change from $100 to $120 for adult applicants).49 CBP does not believe that this cost will result in a significant economic impact. For these reasons, CBP certifies that the final rule will not have a significant economic impact on a substantial number of small entities. B. Regulatory Flexibility Act This section examines the impact of the rule on small entities as required by the Regulatory Flexibility Act (5 U.S.C. 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 47 This document does not change the current application and the interview process. Accordingly, these estimates do not account for the opportunity cost associated with applying and interviewing for the SENTRI trusted traveler program. 48 This document does not change the existing application and interview process. Accordingly, these estimates do not account for the opportunity cost associated with applying and interviewing for the Global Entry trusted traveler program. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 C. Unfunded Mandates Reform Act of 1995 This rule will not result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year (adjusted for inflation), and it will not significantly or uniquely affect small governments. Therefore, no actions are necessary under the provisions of the Unfunded Mandates Reform Act of 1995. D. Executive Order 13132 49 Under the final rule, a SENTRI applicant who does not receive a conditional approval will see an $80.50 increase in price compared to the baseline. E:\FR\FM\02APR1.SGM 02APR1 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES warrant the preparation of a federalism summary impact statement. E. Paperwork Reduction Act An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. The collections of information for the Global Entry and SENTRI applications are approved by OMB in accordance with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 1651– 0121.50 The changes contained in these regulations under 8 CFR part 235 revise the collection of information by requiring electronic submission of the SENTRI application and eliminating paper Form 823S. Additionally, this regulation will require a minor applying for membership in either the Global Entry or SENTRI trusted traveler program whose one or more parents or legal guardians are already a participant of the same program to submit his or her parents’ or legal guardians’ names and trusted traveler numbers. OMB-approved collection 1651–0121 will be amended to reflect Global Entry and SENTRI information collections for minor applicants. CBP estimates that this rule will result in an additional two-minute time burden on minors applying for membership in either the Global Entry or SENTRI trusted traveler program whose one or more parents or legal guardians is already a participant of the same program to submit his or her parents’ or legal guardians’ names and trusted traveler numbers. CBP estimates that this will affect 3,051 minor Global Entry applicants and 772 minor SENTRI applicants annually and result in an additional 127 burden hours. This new information collection requirement will result in the following revision of additional burden hours to the SENTRI information collection: Estimated number of respondents annually: 772. Estimated average annual burden per respondent: 0.033 hours. Estimated total annual reporting burden: 26 hours. The addition of these burden hours will revise the total burden associated with the SENTRI application to 111,947. These new requirements result in the following revision of additional burden hours for the Global Entry information collection: Estimated number of respondents annually: 3,051. Estimated average annual burden per respondent: 0.033 hours. 50 The changes to the NEXUS program are exempt from the PRA requirements pursuant to 8 U.S.C. 1753(c). VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 Estimated total annual reporting burden: 102 hours. The addition of these burden hours will revise the total burden associated with the Global Entry application to 1,626,823. This rule changes the SENTRI fee from $122.25 to $120 for adults and certain minors and reduces the fee for minors from the fee currently applicable under the family option plan to zero when one or more parents or legal guardians is a participant in or concurrently applying for SENTRI. CBP is also requiring that the entire fee be paid when submitting an application. Originally, renewing, and prospective SENTRI participants were only required to pay a $25 application fee when submitting a SENTRI program application and an applicant was not responsible for the remaining fee components, including the $14.50 FBI fingerprinting fee and the $82.75 DCL fee, if they did not receive a conditional approval. Under this final rule, a SENTRI applicant who does not receive a conditional approval will see an $95 increase in price ([$120 new SENTRI fee ¥ $25 old SENTRI application fee] = $95). The total annual estimated cost associated with the SENTRI fee that is currently approved by OMB under control number 1651–0121 is approximately $15,600,000. Pursuant to this rule, the total annual estimated costs associated with the SENTRI fee could be $15,511,200, which reflects a decrease of $88,800.51 This final rule also changes the Global Entry fee from $100 to $120 for adults and certain minors (8 CFR 235.12 and 8 CFR 103.7) and reduces the fee for certain minors from $100 to zero when one or more parents or legal guardians is a participant of or concurrently applying for Global Entry (8 CFR 235.12 and 8 CFR 103.7). The total annual estimated cost associated with Global Entry that is currently approved by OMB under control number 1651–0121 is approximately $252,700,000. 51 As stated in footnote 43, CBP’s original estimate in the NPRM for this rule erroneously included the FBI fingerprinting fee of $14.50 in the amount paid by SENTRI applicants before conditional approval. However, the FBI fingerprinting fee is actually collected after a SENTRI applicant has been or not been conditionally approved. Therefore, CBP adjusted these estimates since the NPRM and now for the final rule these estimates correctly reflect that SENTRI applicants who are not conditionally approved will experience their fee increase from $25 to $120 under the rule as opposed to the original estimate of a fee increase from $39.50 to $120. CBP’s trusted traveler databases do not track which participants have family members that also participate in the program and will be exempt from the fee due to family membership fee caps. As such, this may not reflect the actual costs of the SENTRI fee to respondents. PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 22627 Pursuant to this rule, the total annual estimated costs associated with the Global Entry fee could be $292,809,840, which reflects an increase of $40,109,840.52 F. Privacy CBP generally requires travelers to apply for membership in a CBP trusted traveler program, such as Global Entry and NEXUS, through the TTP System website (https://ttp.cbp.dhs.gov/). CBP uses the cloud-based Trusted Traveler Program (TTP) Systems for online application to CBP programs; and uses the General Services Administration (GSA) Login.gov portal for identity authentication. CBP maintains trusted traveler information in the Global Enrollment System (GES), Trusted Traveler Program (TTP) Systems, and DHS Automated Biometric Identification System (IDENT). The personally identifiable information provided by the applicants, including the fingerprint biometrics taken at the time of the personal interview, may be shared with other government and law enforcement agencies as well as foreign governments in accordance with applicable laws and regulations, including as described in the Privacy Act system of records notice (SORN) for Trusted and Registered Traveler programs (Department of Homeland Security/U.S. Customs and Border Protection—002 Trusted and Registered Traveler System of Records, 85 FR 14214 (March 11, 2020), available at https://www.federalregister.gov/ documents/2020/03/11/2020-04982/ privacy-act-of-1974-system-of-records and https://www.dhs.gov/system-recordsnotices-sorns. (This SORN previously referred to GES instead of Trusted and Registered Traveler systems and still covers what is elsewhere referred to as GES.) CBP provides additional information about GES and its CBP trusted traveler programs in its Privacy Impact Assessment (PIA) for GES, DHS/ CBP/PIA—002 Global Enrollment System, and subsequent updates, available at https://www.dhs.gov/ publication/global-enrollment-systemges. Applicants’ biometric information (fingerprints, photographs) submitted as part of a TTP application are stored in the DHS biometric repository, DHS Automated Biometric Identification System (IDENT). DHS has provided information about IDENT in the Privacy Impact Assessment for the Automated 52 CBP’s trusted traveler databases do not track which participants have family members that also participate in the program and will be exempt from the fee due to family membership fee exemptions. As such, this may not reflect the actual costs of the Global Entry fee to respondents. E:\FR\FM\02APR1.SGM 02APR1 22628 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations Biometric Identification System (IDENT), DHS/NPPD/PIA—002 (Dec. 7, 2012), and Appendices, available at https://www.dhs.gov/publication/ dhsnppdpia-002-automated-biometricidentification-system. List of Subjects 8 CFR Part 103 Administrative practice and procedure, Authority delegations (Government agencies), Fees, Freedom of information, Immigration, Privacy, Reporting and recordkeeping requirements, Surety bonds. 8 CFR Part 235 Administrative practice and procedure, Aliens, Immigration, Reporting and recordkeeping requirements. apply to the SENTRI program concurrently with a parent or legal guardian, or whose parent or legal guardian is already a participant of SENTRI, are exempt from payment of the application fee. Registration of one vehicle for use in the SENTRI lanes is included in the $120 application fee and may be done during the initial application or renewal process If an applicant or participant wishes to register more than one vehicle for use in the SENTRI lanes, or the participant registers any vehicle after the initial application or renewal process, that applicant or participant will be assessed an additional fee of $42 for each vehicle. PART 235—INSPECTION OF PERSONS APPLYING FOR ADMISSION 3. The authority citation for part 235 is revised to read as follows: ■ Amendments to the Regulations For the reasons set forth in the preamble, CBP is amending 8 CFR parts 103 and 235 as set forth below. PART 103—IMMIGRATION BENEFITS; BIOMETRIC REQUIREMENTS; AVAILABILITY OF RECORDS Authority: 6 U.S.C. 218 and note; 8 U.S.C. 1101 and note, 1103, 1158, 1182, 1183, 1185 (pursuant to E.O. 13323, 69 FR 241, 3 CFR, 2004 Comp., p.278), 1185 note, 1201, 1224, 1225, 1226, 1228, 1365a note, 1365b, 1379, 1731–32; 48 U.S.C 1806 and note; Pub. L. 115–218. 4. In § 235.7, revise the section heading and redesignate paragraphs (a)(1)(ii) through (iv) as paragraphs (a)(1)(iii) through (v) and add new paragraph (a)(1)(ii). The revision and addition read as follows: ■ 1. The authority citation for part 103 is revised to read as follows: ■ Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 1356, 1365b, 1372; 31 U.S.C. 9701; 48 U.S.C. 1806; Public Law 107– 296, 116 Stat. 2135 (6 U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2, Pub. L. 112–54, 125 Stat 550; 31 CFR part 223. 2. Amend § 103.7 as follows: a. Remove and reserve paragraph (d)(1); ■ b. Add paragraph (d)(7)(vii); ■ c. Revise paragraph (d)(13); ■ d. Add paragraph (d)(16). The additions and revision read as follows: ■ ■ § 103.7 Fees. khammond on DSKJM1Z7X2PROD with RULES * * * * * (d) * * * (7) * * * (vii) For the SENTRI program, see paragraph (d)(16) of this section. * * * * * (13) Global Entry. For filing an application for Global Entry—$120. Minors under the age of 18 who apply to the Global Entry program concurrently with a parent or legal guardian, or whose parent or legal guardian is already a participant of Global Entry, are exempt from payment of the application fee. * * * * * (16) SENTRI program. For filing an application for the SENTRI program— $120. Minors under the age of 18 who VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 § 235.7 Automated inspection services (PORTPASS). (a) * * * (1) * * * (i) * * * (ii) SENTRI program. Although the SENTRI program is a PORTPASS program, all the parameters of the SENTRI program, including the eligibility requirements, application procedures, redress procedures, registration of vehicles, use of dedicated commuter lanes, and fee requirements are specified in § 235.14. For purposes of the SENTRI program, § 235.14 supersedes the provisions of this section. * * * * * ■ 5. Amend § 235.12 as follows: ■ a. Revise paragraphs (a), (c), (d)(2) and (3), (e)(1), (g), (h), the paragraph (j) heading, and paragraphs (j)(2) introductory text, (j)(4), and (k); and ■ b. Remove paragraph (l). The revisions read as follows: § 235.12 Global Entry program. (a) Program description. The Global Entry program is a voluntary international trusted traveler program consisting of an integrated passenger PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 processing system that facilitates the movement of pre-approved, low-risk, air travelers by providing dedicated CBP processing at specified airports. In order to participate, a person must meet the eligibility requirements specified in this section, apply in advance, undergo vetting by CBP, and be accepted into the program. The Global Entry program allows participants dedicated CBP processing at selected airports identified by CBP at www.cbp.gov. Participants in the Global Entry program may also take advantage of certain benefits of the Secure Electronic Network for Travelers Rapid Inspection (SENTRI) and NEXUS programs. Please see https:// www.cbp.gov for additional information. Participants will be processed through the use of CBP-approved technology that will include the use of biometrics to validate identity and to perform enforcement queries. * * * * * (c) Participating airports. The Global Entry program allows participants dedicated CBP processing at the locations identified at www.cbp.gov. Expansions of the Global Entry program to new airports will be announced by publication in the Federal Register and at www.cbp.gov. (d) * * * (2) Except for certain minors, all applicants must pay the non-refundable fee in the amount set forth at 8 CFR 103.7(d)(13) for ‘‘Global Entry.’’ Minors under the age of 18 who apply to the Global Entry program concurrently with a parent or legal guardian, or whose parent or legal guardian is already a participant of Global Entry, are exempt from payment of the applicable fee. The fee is to be paid to CBP at the time of application through the online TTP System, which can be found through www.cbp.gov, or other CBP-approved process. (3) Every applicant accepted into Global Entry is accepted for a period of 5 years provided participation is not terminated by CBP prior to the end of the 5-year period. Each applicant may apply to renew participation up to one year prior to the close of the participation period. * * * * * (e) * * * (1) After submitting the application, conditionally approved applicants will be notified by CBP that they need to undergo a personal interview. * * * * * (g) Arrival procedures. In order to utilize the Global Entry program, each participant must: (1) Proceed to Global Entry Processing and follow all CBP instructions; and E:\FR\FM\02APR1.SGM 02APR1 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations (2) Proceed to the nearest open primary inspection station if CBP determines it is appropriate. (h) Application for entry, examination, and inspection. Each successful use of Global Entry constitutes a separate and completed inspection and application for entry by the participant on the date that Global Entry is used. Global Entry participants may be subject to further CBP examination and inspection at any time during the arrival process. * * * * * (j) Denial and removal. * * * (2) A Global Entry participant may be removed from the program for any of the following reasons: * * * * * (4) An applicant or participant denied or removed will not receive a refund, in whole or in part, of his or her application processing fee. (k) Redress. An individual whose application is denied or who is removed from the program has two possible methods of redress. These processes do not create or confer any legal right, privilege or benefit on the applicant or participant, and are wholly discretionary on the part of CBP. The methods of redress are: (1) DHS Traveler Redress Inquiry Program (DHS TRIP). The applicant/ participant may choose to initiate the redress process through DHS Traveler Redress Program (DHS TRIP). An applicant/participant seeking redress may obtain the necessary forms and information to initiate the process on the DHS TRIP website, or by contacting DHS TRIP by mail at the address on the DHS TRIP website. (2) Ombudsman. Applicants (including applicants who were not scheduled for an interview at an enrollment center) and participants may contest a denial or removal by submitting a reconsideration request to the CBP Trusted Traveler Ombudsman through the online TTP System or other CBP-approved process. ■ 6. Add § 235.14 to read as follows: khammond on DSKJM1Z7X2PROD with RULES § 235.14 SENTRI program. (a) Program description. The Secure Electronic Network for Travelers Rapid Inspection (SENTRI) trusted traveler program is a voluntary program that allows certain pre-approved, low-risk travelers dedicated processing at specified land border ports along the U.S.-Mexico border. In order to participate, a person must meet the eligibility requirements specified in this section, apply in advance, undergo vetting by CBP, and be accepted into the program. A SENTRI participant will be VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 issued a Radio Frequency Identification (RFID) card or other CBP-approved document that grants the individual access to specific, dedicated primary lanes (SENTRI lanes). These lanes are identified at https://www.cbp.gov. A SENTRI participant may utilize a vehicle in the dedicated SENTRI lanes into the United States from Mexico only if the vehicle is approved by CBP for such purpose. Participants in the SENTRI program may also be able to take advantage of certain benefits of the Global Entry and NEXUS programs. Please see https://www.cbp.gov for additional information. (b) Program eligibility criteria—(1) Eligible individuals. Any individual may apply to participate in the SENTRI program absent any of the disqualifying factors described in paragraph (b)(2) of this section. Persons under the age of 18 must have the consent of a parent or legal guardian to participate in the SENTRI program and provide proof of such consent in accordance with CBP instructions. (2) Disqualifying factors. An individual is ineligible to participate in the SENTRI program if CBP, at its sole discretion, determines that the individual presents a potential risk for terrorism, criminality (such as smuggling), or CBP is unable to establish that the applicant can be considered low-risk. This risk determination will be based in part upon an applicant’s ability to demonstrate past compliance with laws, regulations, and policies. Reasons why an applicant may not qualify for participation include: (i) The applicant provides false or incomplete information on his or her application; (ii) The applicant has been arrested for, or convicted of, any criminal offense or has pending criminal charges or outstanding warrants in any country; (iii) The applicant has been found in violation of any customs, immigration, or agriculture regulations, procedures, or laws in any country; (iv) The applicant is the subject of an investigation by any Federal, State or local law enforcement agency in any country; (v) The applicant is inadmissible to the United States under applicable immigration laws or has, at any time, been granted a waiver of inadmissibility or parole; (vi) The applicant is known or suspected of being or having been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism; or PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 22629 (vii) The applicant cannot satisfy CBP of his or her low-risk status or meet other program requirements. (c) Program application. (1) Each applicant must complete and submit the program application electronically through an approved application process as determined by CBP. The application and application instructions for the SENTRI program are available at www.cbp.gov. (2) During the application process, an applicant must provide information on any vehicle that will utilize the SENTRI lanes. The vehicle must be approved by CBP to utilize the dedicated SENTRI lanes. Registration of one vehicle for use in the SENTRI lanes is included in the application fee provided the vehicle is registered at the time of initial application or at renewal. If any vehicle is registered after the initial application or renewal is filed, or if an applicant or participant wishes to register more than one vehicle for use in the SENTRI lanes, they will be assessed an additional fee in the amount set forth at 8 CFR 103.7(d)(16). The fee is to be paid to CBP at the time the vehicle is registered through the online TTP System, which can be found at www.cbp.gov, or other CBP-approved process. (3) Except for certain minors, all other applicants must pay the non-refundable fee in the amount set forth at 8 CFR 103.7(d)(16) for the ‘‘SENTRI program’’. Minors under the age of 18 who apply concurrently with a parent or legal guardian, or whose parent or legal guardian is already a participant of SENTRI, are exempt from payment of the applicable fee. The fee is to be paid to CBP at the time of application through the TTP System or other CBPapproved process. (4) Every applicant accepted into the SENTRI program is accepted for a period of 5 years provided participation is not terminated by CBP prior to the end of the 5-year period. Each applicant may apply to renew participation up to one year prior to the close of the participation period. (5) Each applicant may check the status of his or her application through his or her account with the application system in use for the SENTRI program. (d) Interview and enrollment. (1) After submitting the application, conditionally approved applicants will be notified by CBP to schedule a personal interview. (2) Each applicant must provide CBP the original of the identification document specified in his or her application. During the interview, CBP will collect biometric information from the applicant (e.g., a set of fingerprints and/or digital photograph) to conduct E:\FR\FM\02APR1.SGM 02APR1 khammond on DSKJM1Z7X2PROD with RULES 22630 Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations background checks or as otherwise required for participation in the program. (3) CBP may provide for alternative enrollment procedures, as necessary, to facilitate enrollment and ensure an applicant’s eligibility for the program. (e) SENTRI lanes. A SENTRI participant is issued a Radio Frequency Identification (RFID) card or other CBPapproved document. This RFID card or other CBP-approved document will grant the participant access to specific, dedicated primary lanes into the United States from Mexico (SENTRI lanes). These lanes are identified at https:// www.cbp.gov. A SENTRI participant may utilize a vehicle in the dedicated SENTRI lanes into the United States from Mexico only if the vehicle is approved by CBP for such purpose. (f) Denial and removal. (1) If an applicant is denied participation in the SENTRI program, or an applicant’s or participant’s vehicle is not approved for use in the SENTRI lanes, CBP will notify the applicant of the denial, and the reasons for the denial. CBP will also provide instructions regarding how to proceed if the applicant wishes to seek additional information as to the reason for the denial. (2) A SENTRI participant may be removed from the program for any of the following reasons: (i) CBP, at its sole discretion, determines that the participant has engaged in any disqualifying activities as outlined in paragraph (b)(2) of this section; (ii) CBP, at its sole discretion, determines that the participant provided false information in the application and/ or during the application process; (iii) CBP, at its sole discretion, determines that the participant failed to follow the terms, conditions and requirements of the program; (iv) CBP determines that the participant has been arrested or convicted of a crime or otherwise determines, at its sole discretion, that the participant no longer meets the program eligibility criteria; or (v) CBP, at its sole discretion, determines that such action is otherwise necessary. (3) CBP will notify the participant of their removal from the program in writing. Such removal is effective immediately. (4) An applicant or participant denied or removed will not receive a refund, in whole or in part, of his or her application fee. (g) Redress. An individual whose application is denied or who is removed from the program or whose vehicle is not approved for use in the program has VerDate Sep<11>2014 15:57 Apr 01, 2024 Jkt 262001 two possible methods for redress. These processes do not create or confer any legal right, privilege, or benefit on the applicant or participant, and are wholly discretionary on the part of CBP. The methods of redress are: (1) DHS Traveler Redress Inquiry Program (DHS TRIP). The applicant/ participant may choose to initiate the redress process through DHS TRIP. An applicant/participant seeking redress may obtain the necessary forms and information to initiate the process on the DHS TRIP website, or by contacting DHS TRIP by mail at the address on this website. (2) Ombudsman. Applicants and participants may contest a denial or removal from the program by submitting a reconsideration request to the CBP Trusted Traveler Ombudsman through the TTP System or other CBP-approved process. Alejandro N. Mayorkas, Secretary of Homeland Security. [FR Doc. 2024–06851 Filed 4–1–24; 8:45 am] BILLING CODE 9111–14–P DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Part 1003 [EOIR Docket No. EOIR 20–0010; A.G. Order No. 5912–2024] RIN 1125–AB00 Expanding the Size of the Board of Immigration Appeals Executive Office for Immigration Review, Department of Justice. ACTION: Final rule. AGENCY: On April 1, 2020, the Department of Justice (‘‘the Department’’ or ‘‘DOJ’’) published an interim final rule (‘‘IFR’’) with request for comments that amended its regulations relating to the organization of the Board of Immigration Appeals (‘‘Board’’) by adding two Board member positions, thereby expanding the Board to 23 members. This final rule responds to comments received and adds five additional Board member positions, thereby expanding the Board to 28 members. The final rule also clarifies that temporary Board members serve renewable terms of up to six months and that temporary Board members are appointed by the Attorney General. DATES: This rule is effective on April 2, 2024. SUMMARY: PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 FOR FURTHER INFORMATION CONTACT: Raechel Horowitz, Chief, Immigration Law Division, Office of Policy, Executive Office for Immigration Review, 5107 Leesburg Pike, Falls Church, VA 22041, telephone (703) 305–0289. SUPPLEMENTARY INFORMATION: I. Summary of This Rulemaking A. Background and Purpose of the Interim Final Rule (‘‘IFR’’) The Executive Office for Immigration Review (‘‘EOIR’’) administers the immigration court system of the United States. In most instances, a case begins before an immigration judge after the Department of Homeland Security (‘‘DHS’’) files a charging document with the immigration court. See 8 CFR 1003.14(a). A charging document generally charges a foreign-born individual with being subject to removal from the United States under the Immigration and Nationality Act (‘‘INA’’ or ‘‘the Act’’). Subsequently, the immigration judge determines whether the individual is deportable or inadmissible and thereby subject to removal, and, if they are deportable or inadmissible, whether they merit either immigration relief or protection from removal. EOIR’s Office of the Chief Immigration Judge administers these adjudications through the nationwide immigration court system. Immigration judges’ decisions are generally subject to review by the Board, which is EOIR’s appellate body and the highest administrative tribunal for interpreting and applying U.S. immigration law. See 8 CFR 1003.1(b). Board decisions are subject to review by the Attorney General. See 8 CFR 1003.1(g), (h). Decisions by both the Board and the Attorney General may be subject to further judicial review. See INA 242, 8 U.S.C. 1252. The Board’s adjudicators are known as Board members or appellate immigration judges. The number of Board members is set by regulation at 8 CFR 1003.1(a)(1). The Board issues both precedent and non-precedent decisions, and a decision may be designated as a precedent by a majority vote of permanent Board members. See 8 CFR 1003.1(g)(3). The 2020 IFR noted that, at the time of its promulgation, EOIR’s caseload was at its highest ever, and that EOIR had been hiring a significant number of immigration judges as a result. See Expanding the Size of the Board of Immigration Appeals, 85 FR 18105, 18106 (Apr. 1, 2020) (providing statistics for the pending caseloads at the immigration courts and the Board). E:\FR\FM\02APR1.SGM 02APR1

Agencies

DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Rules and Regulations]
[Pages 22607-22630]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06851]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules 
and Regulations

[[Page 22607]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 103 and 235

[Docket No. USCBP-2020-0035]
RIN 1651-AB34 CBP Dec. No. 24-08


Harmonization of the Fees and Application Procedures for the 
Global Entry and SENTRI Programs and Other Changes

AGENCY: U.S. Customs and Border Protection (CBP), Department of 
Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: This final rule amends DHS regulations regarding two CBP 
trusted traveler programs: Global Entry and Secure Electronic Network 
for Travelers Rapid Inspection (SENTRI). CBP is amending regulations to 
make the Global Entry and SENTRI application fees uniform, provide a 
uniform standard regarding payment of the Global Entry and SENTRI 
application fees for minors, change the fee payment schedule and 
certain aspects of the application process for SENTRI, and incorporate 
SENTRI-specific regulations into DHS regulations. CBP is also amending 
regulations to address Global Entry expansion to preclearance 
facilities and eliminate the dedicated commuter lane systems cost fee.

DATES: This rule is effective October 1, 2024.

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

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    A. Notice of Proposed Rulemaking
    B. Adoption of Proposed Changes as Final
II. Summary of Changes to the Global Entry and SENTRI Programs
    A. Harmonizing the CBP Trusted Traveler Programs
    1. Harmonization of the Global Entry and SENTRI Fees
    2. Exemption of Certain Minors From Payments of the Application 
Fee
    B. Establishment of New Regulation for the SENTRI Program
    C. Additional Changes to the SENTRI Program
    1. Changes to the Fee Payment Schedule for the SENTRI Program
    2. Requirement for Electronic Submission of the SENTRI Program 
Application and Payment of Fees
    D. Additional Changes to the Global Entry Program
    1. 8 CFR 235.12(g)
    2. 8 CFR 235.12(h)
    3. Other Amendments to 8 CFR 235.12
    E. Conforming Amendment to 8 CFR 103.7
III. Discussion of Comments Submitted in Response to the NPRM 
Proposing Changes To Harmonize the Global Entry and SENTRI Programs
    A. Overview
    B. Discussion of Comments
    1. Comments Expressing General Support for the Rule
    2. Comments Expressing General Opposition
    3. Comments on Fee Structure
    4. Comments on Expanding Fee Exemption for Certain Minors
    5. Comments Opposing Waiver of Fees for Minor Applicants
    6. Comments About Combining Global Entry, SENTRI, and NEXUS 
Trusted Traveler Programs
    7. Comments Opposing NEXUS Fee Change
    8. Comments on SENTRI Program Changes
    9. Comments on Definition of Family for Fee Exemption
    10. Miscellaneous Comments
IV. Statutory and Regulatory Requirements
    A. Executive Orders 12866 and 13563
    1. Purpose of the Rule
    2. Background
    3. Costs
    4. Distributional Impacts
    5. Total Monetized Decrease in Transfer Payments to U.S. 
Government
    6. Total Monetized Increase in Transfer Payments to U.S. 
Government
    7. Net Transfer Payments to U.S. Government
    8. Benefits and Breakeven Analysis
    B. Regulatory Flexibility Act
    C. Unfunded Mandates Reform Act of 1995
    D. Executive Order 13132
    E. Paperwork Reduction Act
    F. Privacy

I. Background

    U.S. Customs and Border Protection (CBP) operates several trusted 
traveler programs at air, land, and sea ports of entry into the United 
States that provide certain pre-approved, low-risk travelers dedicated 
processing into the United States. Participants of CBP trusted traveler 
programs are vetted travelers who have voluntarily applied for 
membership, have paid a required fee, and have provided certain 
personal data to CBP. Travelers who are active participants in a CBP 
trusted traveler program are considered to be a lower risk than other 
travelers because CBP conducts vetting both when the participant 
applies to the program and on an ongoing basis after the applicant 
becomes an approved participant. This allows CBP to focus its attention 
and resources on higher-risk travelers. Three of these CBP trusted 
traveler programs are the Global Entry, Secure Electronic Network for 
Travelers Rapid Inspection (SENTRI),\1\ and NEXUS programs.\2\ The 
Global Entry program allows pre-approved, low-risk travelers dedicated 
CBP processing at designated airports, currently through the use of 
automated kiosks.\3\ The SENTRI program allows dedicated processing at 
specified land border ports along the U.S.-Mexico border for pre-
approved travelers. The NEXUS program is a joint trusted traveler 
program between the United States and Canada, the details of which can 
be found at https://www.cbp.gov/travel/trusted-traveler-programs/nexus.
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    \1\ SENTRI was previously governed by the Port Passenger 
Accelerated Service System (PORTPASS) regulations at 8 CFR 235.7, as 
discussed in further detail below.
    \2\ The Free and Secure Trade (FAST) program is another CBP 
trusted traveler program that allows pre-approved commercial truck 
drivers dedicated processing at select commercial ports of entry at 
the northern and southern land borders. This program has different 
vetting standards, is offered to a different type of traveler, and 
does not have the same benefits as the Global Entry, SENTRI, and 
NEXUS programs. TSA PreCheck is an additional Department of Homeland 
Security (DHS) trusted traveler program administered by the 
Transportation Security Administration (TSA).
    \3\ CBP published an interpretive rule on August 29, 2023, at 88 
FR 59439 as an interim measure to define the term ``kiosk'' to 
include updated technologies for Global Entry processing in addition 
to the legacy kiosks referenced in the previous version of the 
regulations.
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    When the Global Entry, SENTRI, and NEXUS programs were established, 
each program had a separate application process. The information on 
applicants and participants in each program was contained in separate 
CBP databases.\4\ Over time, due to advances in

[[Page 22608]]

technology, security concerns, and the expansion of the programs, CBP 
created a more unified application process and a centralized database. 
Now, the Global Entry, SENTRI, and NEXUS programs use the same 
application.
---------------------------------------------------------------------------

    \4\ Please note that other Federal agencies and foreign partners 
have access to this data in certain circumstances as described below 
in the section on privacy and as provided in the privacy 
documentation.
---------------------------------------------------------------------------

    The application for Global Entry, SENTRI, or NEXUS is submitted 
electronically through the Trusted Traveler Program System (TTP System) 
website at https://ttp.cbp.dhs.gov. This website was formerly the 
Global Online Enrollment System (GOES) website.\5\ CBP uses the same 
vetting process to assess the risk level of an applicant regardless of 
whether they apply to the Global Entry, SENTRI, or NEXUS program. CBP 
officers review the applicant's information during the application 
processing to ensure that the applicant is in compliance with U.S. 
customs, immigration, and agriculture laws, regulations, and policies. 
CBP officers also compare that information against various criminal, 
antiterrorism, and other government databases. If an applicant appears 
to meet the eligibility criteria of the specific program during initial 
vetting, the applicant will be notified via the TTP System that they 
are conditionally approved. The applicant can then schedule a personal 
interview with a CBP officer at a time and place designated by CBP or, 
(for Global Entry and NEXUS only) at a specified ``Enrollment on 
Arrival'' airport.
---------------------------------------------------------------------------

    \5\ Prior to the effective date of this rule, SENTRI applicants 
could submit a paper application, Form 823S, via mail or in person 
at a port of entry.
---------------------------------------------------------------------------

    An applicant is notified via the TTP System if their application is 
denied. An applicant may contest their denial or removal from a CBP 
trusted traveler program by initiating the redress process through the 
DHS Traveler Redress Inquiry Program (DHS TRIP) at https://www.dhs.gov/dhs-trip, or by contacting the Trusted Traveler Ombudsman via a 
reconsideration request filed through the TTP System at https://ttp.cbp.dhs.gov. If the applicant is accepted into the Global Entry, 
SENTRI, or NEXUS programs, CBP mails the appropriate Western Hemisphere 
Travel Initiative (WHTI)-approved Radio Frequency Identification (RFID) 
trusted traveler card to the applicant.\6\
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    \6\ WHTI implements a statutory mandate to require all travelers 
to present a passport or other document that denotes identity and 
citizenship when entering the United States. See Intelligence Reform 
and Terrorism Prevention Act of 2004, Public Law 108-458, 7209, 118. 
Stat. 3638, 3823, as amended. The goal of WHTI is to facilitate 
entry for U.S. citizens and authorized foreign visitors while 
strengthening U.S. border security by providing standardized 
documentation that enables CBP to quickly and reliably identify a 
traveler. WHTI-compliant documents include valid U.S. passports, 
passport cards, trusted traveler program cards, and others.
---------------------------------------------------------------------------

    The Global Entry, SENTRI, and NEXUS programs each have a five-year 
membership period. During this five-year membership period, CBP 
continually vets participants to ensure that the participating 
individuals are in compliance with the respective program requirements.
    In recent years, these three CBP trusted traveler programs have 
developed many commonalities and have many reciprocal benefits (for 
example, eligible participants in any of the three programs may use 
Global Entry Kiosks at participating airports).\7\ Despite these 
commonalities and shared benefits, certain aspects of the Global Entry, 
SENTRI, and NEXUS programs vary, including their respective fees, the 
fees charged to certain minors, the fee payment schedules, and the 
application processes. CBP has determined that the different fees and 
application processes are no longer warranted. Moreover, the original 
fees for each of the three programs are no longer sufficient to recover 
CBP's costs to administer the programs. Therefore, CBP is now 
harmonizing the fees and application procedures for these programs.\8\
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    \7\ See the NPRM Harmonization of the Fees and Application 
Procedures for the Global Entry and SENTRI Programs and Other 
Changes at 85 FR 55597 or Table 1, below, for a full list of shared 
benefits.
    \8\ No changes to the NEXUS program are being made through this 
final rule. CBP is concurrently issuing a separate Federal Register 
notice regarding changes to the NEXUS program.
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A. Notice of Proposed Rulemaking

    On September 9, 2020, DHS published a notice of proposed rulemaking 
(85 FR 55597) in the Federal Register proposing changes to the 
regulations in order to harmonize the Global Entry and SENTRI programs, 
as well as other minor changes (the NPRM). During the 60-day comment 
period, DHS was notified that it had failed to include a fee study in 
the docket for the rulemaking. As a result, on December 1, 2020, DHS 
posted the fee study to the docket and published a notice in the 
Federal Register reopening the comment period for an additional 30 days 
(85 FR 77016).
    DHS received a total of 38 comments in response to the NPRM. The 
submissions included comments supporting the rule, requesting 
clarification, providing suggestions for changes, and voicing concerns. 
After review of the comments, through this final rule, CBP is 
finalizing the proposed changes in the NPRM without modification.

B. Adoption of Proposed Changes as Final

    In this document, CBP is adopting as final the regulatory changes 
to Global Entry and SENTRI proposed by the NPRM. This rule describes 
the regulatory changes being made to the Global Entry program as well 
as the new regulatory provision for the SENTRI program in order to 
harmonize those two programs. CBP is concurrently issuing a separate 
Federal Register notice modifying the NEXUS program. Pursuant to 8 
U.S.C. 1753(c), fee-setting for services and other administrative 
requirements relating to joint U.S.-Canadian projects such as the NEXUS 
program are exempt from the requirements of the Administrative 
Procedure Act and the Paperwork Reduction Act, but fees and forms 
established for such projects shall be published as a notice in the 
Federal Register.

II. Summary of Changes to the Global Entry and SENTRI Programs

A. Harmonizing the CBP Trusted Traveler Programs

    As discussed above, CBP is harmonizing the application fees, the 
application fees paid by minors, the fee payment schedule, and the 
application processes for the Global Entry, SENTRI, and NEXUS programs 
through this final rule and a separate Federal Register notice. The 
changes to the Global Entry and SENTRI programs are described below.
1. Harmonization of the Global Entry and SENTRI Fees
    Upon the effective date of this rule, the Global Entry fee will be 
increased from $100 to $120, and the total SENTRI fee will be decreased 
from $122.25 to $120.\9\ CBP has performed a fee study entitled ``CBP 
Trusted Traveler Programs Fee Study'' (fee study) to determine the 
amount of the fee that is necessary to recover the costs associated 
with processing applications for the Global Entry, SENTRI, and NEXUS 
programs. CBP determined that, in making the fee uniform across the 
three programs, a fee of $120 is appropriate and necessary to recover a 
reasonable portion of these costs.\10\ The new $120

[[Page 22609]]

application fee applies to new applicants and to participants who are 
renewing their memberships for both the Global Entry and SENTRI 
programs. As described below, this non-refundable fee will be paid to 
CBP at the time of submission of the application through the TTP 
System. This fee will be reflected in the revised Global Entry fee 
provision in title 8 of the Code of Federal Regulations (CFR) at 8 CFR 
103.7, the new SENTRI fee provision in 8 CFR 103.7, the Global Entry 
program regulation, 8 CFR 235.12, and the new SENTRI program 
regulation, 8 CFR 235.14.
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    \9\ See detailed explanation in section II. C. of this document.
    \10\ The NEXUS fee is split between the United States and 
Canada. The United States will only receive two-thirds of the 
revenue necessary to cover its costs of the NEXUS program while 
Canada receives the remaining one-third of the revenue. Please see 
the fee study entitled ``CBP Trusted Traveler Programs Fee Study,'' 
included in the docket of this rulemaking (docket number USCBP-2020-
0035) for additional details.
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2. Exemption of Certain Minors From Payment of the Application Fee
    Prior to implementation of this final rule, the Global Entry, 
SENTRI, and NEXUS programs were not aligned with respect to whether 
minors \11\ were charged an application fee. The Global Entry program 
charged minors the full application fee, the SENTRI program had a 
complex family option plan, and the NEXUS program exempted all minors 
from payment of the application fee. This disparity resulted in 
families choosing a program based on financial considerations, instead 
of choosing a program based on the features and benefits of the 
program. To eliminate this disparity and to better reflect the costs to 
CBP to operate these programs, CBP is creating a uniform fee for adult 
applicants as well as a uniform exemption from the fee for certain 
minors.
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    \11\ For the purposes of this final rule, we use the term 
``minor'' to mean a person who is under the age of 18. The choice of 
this age range for a minor is based on the standard age of adulthood 
in the United States (18) as well as the age previously used and 
currently agreed to by Canada concerning exemption of minors from 
payment of the NEXUS fee.
---------------------------------------------------------------------------

    Through this final rule, CBP is updating the regulations to provide 
that, for the Global Entry and SENTRI programs, minors are exempt from 
the application fee if they apply concurrently with a parent or legal 
guardian or if their parent or legal guardian is already a participant 
of the same program to which the minor is applying. Otherwise, the 
minor will be required to pay the $120 fee.
    If the minor's parent or legal guardian is already an existing 
participant of Global Entry, SENTRI, or NEXUS, the minor will be 
required to enter the parent or legal guardian's name and trusted 
traveler number to allow CBP to verify this information. This exemption 
for minors will minimize the costs for families enrolling in the Global 
Entry, SENTRI, and NEXUS programs.
    All minors applying to the Global Entry, SENTRI, or NEXUS programs, 
including those who are exempt from payment of the application fee, 
must have the consent of a parent or legal guardian to be eligible to 
participate. Further, minors (or their guardians) must complete the 
application and minors are subject to the requisite vetting, including 
the collection of fingerprints. For minors, a parent or legal guardian 
must be present at the time of the interview with a CBP officer.
    In order to incorporate this fee exemption for certain minors, CBP 
is amending several regulations. With respect to the Global Entry 
program, CBP is amending the fee provision, 8 CFR 103.7(d)(13),\12\ and 
the Global Entry program regulation, 8 CFR 235.12(d)(2). With respect 
to SENTRI, in order to harmonize the fees charged to minors in the 
other programs, CBP is eliminating the SENTRI family option plans.\13\ 
The family option plans offered minor children discounted rates or free 
enrollment based on their parent(s)' application to the SENTRI program. 
Family option plans are overly complex, do not provide a fee option for 
minors with legal guardians, and make arbitrary age distinctions that 
are no longer used by CBP. Accordingly, CBP is now replacing the SENTRI 
family option plans with new provisions regarding the SENTRI fee in 8 
CFR 103.7(d)(16) \14\ and the newly added 8 CFR 235.14(c)(3). These 
provisions incorporate the new SENTRI application fee and the fee 
exemption for certain minors.
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    \12\ At the time of publication of the NPRM, this fee provision 
was located at 8 CFR 103.7(b)(1)(ii)(M). An unrelated United States 
Citizenship and Immigration Services rule rearranged this section, 
without substantive edits, so the Global Entry fee provision is now 
located at 8 CFR 103.7(d)(13).
    \13\ See the NPRM for detailed background on the previous family 
option plans for SENTRI. Note that the new SENTRI regulation does 
not include a family option plan or rely upon a definition of 
``family'' for exemption of minors from the application fee.
    \14\ In the NPRM, CBP proposed to add 8 CFR 103.7(b)(1)(ii)(P), 
but this section has moved, as noted above, to 8 CFR 103.7(d), so we 
now add sub-paragraph (16).
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B. Establishment of New Regulation for the SENTRI Program

    This document creates a new section in part 235 of title 8 of the 
CFR that specifically covers the SENTRI program. The new section 
located at 8 CFR 235.14 for the SENTRI program is modeled after the 
Global Entry regulations at 8 CFR 235.12 and incorporates the 
parameters, requirements, and application procedures of the SENTRI 
program.
    The legacy Immigration and Naturalization Service (INS) developed 
the SENTRI program pursuant to the regulations governing a series of 
programs referred to as the Port Passenger Accelerated Service System 
(PORTPASS) (8 CFR 235.7). The requirements and procedures that govern 
the PORTPASS program were therefore made applicable to the SENTRI 
program. Because of the transfer of functions from INS to DHS, as well 
as new technology and the expansion of the CBP trusted traveler 
programs, the SENTRI program has evolved since its inception under the 
PORTPASS regulations, and its requirements and procedures have changed. 
Now, almost all SENTRI applicants apply via the TTP System website 
using an application that is common to all of the CBP trusted traveler 
programs. These newer application procedures and eligibility 
requirements are not reflected in the PORTPASS regulation at 8 CFR 
235.7.\15\ Additionally, CBP has established CBP trusted traveler 
enrollment centers, modernized the dedicated commuter lanes (DCLs) 
utilized by SENTRI participants, and established common methods of 
redress for all three CBP trusted traveler programs. The current 
requirement for a personal interview, the updates to the DCLs, and the 
redress methods are also not reflected in the PORTPASS regulations at 8 
CFR 235.7, because the PORTPASS regulations are not specific to SENTRI. 
As the PORTPASS regulation does not accurately reflect the current 
requirements and processes for SENTRI, CBP is adding a new section that 
will specifically provide the SENTRI requirements.
---------------------------------------------------------------------------

    \15\ As noted in the NPRM, CBP is not removing the PORTPASS 
regulations because those regulations still serve as the basis for 
the FAST program.
---------------------------------------------------------------------------

    The new section describing the SENTRI program at 8 CFR 235.14 
supersedes 8 CFR 235.7 for purposes of the SENTRI program. This new 
section includes a general description of the SENTRI program, the 
eligibility requirements, application procedures, redress procedures, 
and the requirement to pay an application fee as specified in a new fee 
section located at 8 CFR 103.7(d)(16). Except for the provisions 
concerning the eligibility requirements, the registration of vehicles 
and the use of special lanes for approved vehicles, the other 
provisions (i.e., the disqualifying criteria, application procedures, 
and the available redress procedures) are the same as in the Global 
Entry regulation, Sec.  235.12.

[[Page 22610]]

    The eligibility criteria for the SENTRI program are set forth in 
new Sec.  235.14(b)(1). An individual of any nationality is eligible to 
apply for the SENTRI program. New Sec.  235.14(c) sets forth the 
application procedures, including a requirement that a vehicle be 
approved by CBP to use the SENTRI lanes. In order to drive a vehicle 
into the United States through the SENTRI lanes, an applicant must 
register the vehicle by providing information about the vehicle on the 
application, and CBP will determine whether to approve the vehicle. The 
approved vehicle will be subject to an inspection when the vehicle 
enters the United States. This inspection will occur at secondary 
inspection during one of the vehicle's crossings into the United States 
at CBP's discretion.\16\ It is within CBP's sole discretion whether to 
approve a vehicle for the SENTRI program.
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    \16\ In accordance with the U.S. Government Accountability 
Office (GAO)'s recommendation regarding its recent review conducted 
of the CBP trusted traveler programs and CBP's goal of harmonizing 
the three CBP trusted traveler programs, CBP has eliminated the 
requirement for vehicle inspections at the enrollment center. See 
GAO Report 14-483, Trusted Travelers: Programs Provide Benefits, but 
Enrollment Processes Could be Strengthened (May 2014), available at: 
https://www.gao.gov/products/GAO-14-483.
---------------------------------------------------------------------------

    New Sec.  235.14(e) states that a SENTRI participant will be issued 
an RFID or other CBP-approved document granting the participant access 
to specific, dedicated primary lanes into the United States. As noted 
in the new regulation, users can go to www.CBP.gov, specifically 
https://www.cbp.gov/travel/trusted-traveler-programs/sentri, for more 
information on the location of dedicated SENTRI lanes. The new 
regulation also sets forth the new fee payment schedule, and a new fee 
exemption for certain minors. Accordingly, this document adds a new 
provision, 8 CFR 103.7(d)(16), which sets forth the new fee, the new 
fee charged to minors, and all relevant fee details for the SENTRI 
program.

C. Additional Changes to the SENTRI Program

1. Changes to the Fee Payment Schedule for the SENTRI Program
    With this final rule, CBP is changing the SENTRI fee payment 
schedule. Prior to the effective date of this rule, the SENTRI fee was 
comprised of three separate amounts that an applicant paid at various 
stages in the application process: an application fee, a DCL systems 
cost fee (DCL fee), and a Federal Bureau of Investigation (FBI) 
fingerprinting fee. However, CBP will now require a SENTRI applicant to 
pay a non-refundable application fee of $120 at the time the applicant 
submits their application via the TTP System.
    As discussed above, CBP performed a new fee study of the Global 
Entry, SENTRI, and NEXUS programs. Based on this fee study, CBP 
determined that a uniform fee of $120 is appropriate and necessary to 
recover a reasonable portion of the costs associated with application 
processing with respect to these three programs. This fee study was 
necessary to reevaluate the existing fees due to the expansion of the 
programs, advances in technology, and the shared benefits across the 
programs. For example, as technology has improved, the technology 
deployed and costs associated with the creation of specific dedicated 
commuter lanes are no longer necessary. Previously, CBP had to create 
dedicated permanent lanes for trusted traveler programs. Now, CBP has 
improved technology allowing every crossing lane to have the capability 
of processing general traffic and converting into lanes to process 
trusted travelers.
    Therefore, as explained in detail in the fee study included on the 
docket, CBP has determined that the fee for the Global Entry, SENTRI, 
and NEXUS programs should only incorporate those costs associated with 
the application process. The costs of processing the application 
include the cost of operating and maintaining the TTP System, the FBI 
fingerprinting fee, the operation of enrollment centers, the vetting 
process and other relevant costs. The new fee does not include any 
costs related to DCLs. See the CBP Trusted Traveler Programs Fee Study 
for the entire breakdown of the proposed fee (docket number USCBP-2020-
0035).\17\ Therefore, CBP has determined that it is no longer 
appropriate to charge SENTRI applicants the three separate payments 
under the original fee payment schedule.
---------------------------------------------------------------------------

    \17\ The study is available at https://www.federalregister.gov/documents/2020/12/01/2020-26275/harmonization-of-the-fees-and-application-procedures-for-the-global-entry-and-sentri-programs.
---------------------------------------------------------------------------

    As a result of this determination, CBP is adding 8 CFR 103.7(d)(16) 
to reflect that the $120 fee encapsulates the entire SENTRI fee and is 
payable at application submission. New 8 CFR 235.14(c)(3) states that 
the $120 non-refundable SENTRI fee must be paid to CBP at the time of 
the application submission through the TTP System or other CBP-approved 
process.
2. Requirement for Electronic Submission of the SENTRI Program 
Application and Payment of Fees
    Prior to the effective date of this final rule, an applicant to the 
SENTRI program could apply online via the TTP System website or by 
submitting a paper application, Form I-823S at a port-of-entry or 
through mail as described in 8 CFR 235.7(a)(4). However, this rule 
eliminates the paper application as an option for SENTRI applicants, 
upon this rule's effective date. SENTRI applicants will now be required 
to apply to the SENTRI program online via the TTP System website, 
https://ttp.cbp.dhs.gov. Eliminating the paper SENTRI application will 
complete the harmonization of the application submission process for 
the three programs (Global Entry, SENTRI, and NEXUS), streamline the 
application process, reduce the burden on CBP officers, and expedite 
the application process.
    Additionally, CBP will require applicants to pay the SENTRI 
application fee through the TTP System website at the time of online 
application. The elimination of the paper SENTRI application makes this 
change possible.
    Furthermore, CBP is making changes to the procedures for paying the 
additional vehicle fee. Although there is not, and will not be, a fee 
for a SENTRI applicant to register one vehicle for use in the SENTRI 
lanes during the initial application or renewal process, there is and 
will continue to be a $42 fee to register any vehicle after the initial 
application or renewal process. This rule does not change the amount of 
the additional vehicle fee.
    However, this rule changes the way the additional vehicle fee is 
paid. Previously, a SENTRI applicant or participant could pay this fee 
electronically via the TTP System or in person at the enrollment 
center. Upon the effective date of this rule, CBP will require payment 
of the additional vehicle fee electronically via the TTP System. CBP is 
making this change because the vehicle inspection is no longer 
performed at an enrollment center. Therefore, it would be inconvenient 
for applicants to make an additional trip to the enrollment center 
solely for the fee payment. Under the new system, if CBP approves the 
vehicle for use in the SENTRI lanes, the vehicle is subject to a 
vehicle inspection at secondary inspection during one of the vehicle's 
crossings into the United States at CBP's discretion. Requiring an 
applicant or participant to pay the additional vehicle fee online via 
the

[[Page 22611]]

TTP System ensures that there is an electronic record of the payment 
when the vehicle arrives at secondary inspection. It also further 
harmonizes the Global Entry, SENTRI, and NEXUS programs.\18\ These 
SENTRI application procedures are included in the new regulations at 8 
CFR 235.14(c).
---------------------------------------------------------------------------

    \18\ Global Entry participants may register one vehicle for use 
in the SENTRI lanes at no additional cost at the time of 
application, just like SENTRI participants. These participants will 
continue to pay a $42 fee to register any vehicle after the initial 
application or renewal process. NEXUS participants must pay the $42 
fee for any vehicle registered for use in the SENTRI lanes 
regardless of the time of registration for the vehicle.
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D. Additional Changes to the Global Entry Program

1. 8 CFR 235.12(g)
    Global Entry participants must follow certain procedures upon 
arrival in the United States. These arrival procedures are set forth in 
8 CFR 235.12(g). Prior to the implementation of this rule, those 
procedures required that an arriving passenger proceed to a Global 
Entry kiosk, follow the on-screen instructions, and declare all 
articles brought into the United States. For the reasons discussed 
below, CBP is revising this paragraph to eliminate the reference to 
``arrival in the United States''. CBP is also removing the reference, 
throughout the regulation, to Global Entry ``kiosks'' and replacing the 
word with the phrase ``Global Entry Processing'' to allow the 
applicable facilities and technology to evolve without the need to 
revise the regulations again in the future. For this same reason, CBP 
is also removing the phrase ``on-screen'' from the phrase concerning 
following instructions and instead stating that the participant must 
``follow all CBP instructions''. CBP is also amending the instructions 
to remove references to ``customs declaration'' as that is not 
applicable in all Global Entry locations, as discussed below.
    Additionally, this rule updates the regulations for the Global 
Entry program to be consistent with CBP's expansion of the program to 
persons traveling to U.S. territories, as well as persons who are 
processed at preclearance facilities located outside the United States. 
When the regulation was first issued, CBP did not offer Global Entry at 
airports located in the U.S. territories or at preclearance facilities 
in foreign countries. Because of the success of the Global Entry 
program and CBP's desire to facilitate the travel of additional Global 
Entry, qualified SENTRI, and NEXUS participants, CBP now offers Global 
Entry in certain U.S. territories and at all preclearance facilities in 
foreign countries.
    The expansion of Global Entry to U.S. territories allows dedicated 
CBP processing of Global Entry, qualified SENTRI, and NEXUS 
participants into these territories. However, pursuant to 19 CFR 
7.2(b), CBP does not perform a customs function in certain U.S. 
territories. Accordingly, CBP does not collect customs declarations in 
those territories. As the customs declaration does not apply in all 
Global Entry locations, CBP is amending 8 CFR 235.12(g) to eliminate 
the reference to customs declarations, instead stating that travelers 
should follow all CBP instructions when using Global Entry processing 
(which will include instructions to declare items where that 
functionality exists).
    The expansion of Global Entry to preclearance facilities in foreign 
countries also allows select foreign airports with preclearance 
facilities to provide dedicated CBP processing for Global Entry, 
qualified SENTRI, and NEXUS participants on direct outbound flights to 
the United States.\19\ Preclearance facilities are staffed with CBP 
officers responsible for conducting customs, immigration, and 
agricultural inspections of passengers, crew, and their goods bound for 
the United States. Generally, travelers who are inspected at a 
preclearance facility are permitted to arrive at a U.S. domestic 
facility and either exit the U.S. domestic terminal upon landing or 
connect directly to a U.S. domestic flight without further CBP 
processing. Because the Global Entry processing may occur at a point 
prior to the traveler's arrival in the United States, CBP is amending 8 
CFR 235.12(g) to eliminate the phrase ``upon arrival in the United 
States''.
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    \19\ Section 101.5 of title 19 of the CFR (19 CFR 101.5) sets 
forth a list of CBP preclearance offices in foreign locations. 
Section 162.8 of title 19 of the CFR (19 CFR 162.8) permits CBP 
officers stationed in a foreign country at a preclearance facility 
to exercise such functions and perform such duties as may be 
permitted by treaty, agreement, or law of the country in which the 
officer is stationed.
---------------------------------------------------------------------------

2. 8 CFR 235.12(h)
    Section 235.12(h) addresses certain examination and inspection 
issues related to the use of Global Entry. Prior to the effective date 
of this rule, the regulation specified that pursuant to the enforcement 
provisions of 19 CFR part 162, Global Entry participants may be subject 
to further CBP examination and inspection at any time during the 
arrival process. As noted above, CBP does not have customs 
responsibilities at all Global Entry locations. For this reason, CBP is 
amending 8 CFR 235.12(h) to eliminate the reference to 19 CFR part 162. 
Part 162 concerns, in relevant part, inspections within the customs 
territory of the United States. A reference to 19 CFR part 162 is not 
needed in 8 CFR 235.12(h) because the purpose of the paragraph 
regarding successful use of Global Entry at any location can be more 
clearly and accurately stated without specific reference to 19 CFR part 
162.
3. Other Amendments to 8 CFR 235.12
    In addition, CBP is making several minor changes to the language in 
8 CFR 235.12. First, because Global Entry now operates in some U.S. 
territories and preclearance facilities outside the United States, CBP 
is removing the phrase ``expedited entry into the United States'' and 
replacing it with the term ``dedicated CBP processing''. Accordingly, 
CBP is updating the language in Sec.  235.12(a) and (c) to reflect 
these changes.
    Additionally, the interview procedures for the Global Entry program 
have changed slightly since its inception. Global Entry applicants were 
previously required to schedule their interviews at a Global Entry 
enrollment center. Global Entry applicants now have the option to have 
their personal interviews at certain participating airports referred to 
as ``Enrollment on Arrival'' airports. The locations of the 
participating airports can be found at https://www.cbp.gov/travel/trusted-traveler-programs/global-entry/enrollment-arrival. The 
applicant does not need to schedule the interview in advance but may 
only use this option if they arrive in the United States on an 
international flight at one of the ``Enrollment on Arrival'' airports. 
CBP may also provide additional personal interview options in the 
future. Therefore, CBP is updating the language in 8 CFR 235.12(e)(1) 
to eliminate the specific reference to Global Entry enrollment centers.
    Finally, CBP no longer suspends a participant's Global Entry 
membership. CBP either denies an applicant participation under the 
disqualifying factors in 8 CFR 235.12(b)(2) or, alternatively, a Global 
Entry participant is removed from the program if CBP determines under 8 
CFR 235.12(j)(2) that such action is necessary. To reflect this change, 
CBP is removing all references to ``suspend,'' ``suspension,'' and 
``suspended'' from Sec.  235.12(d)(3), (j), and (k).

E. Conforming Amendment to 8 CFR 103.7

    This document eliminates the regulation specifying the amount for 
the DCL fee at 8 CFR 103.7(d)(1). This fee is for use of DCLs located 
at specific ports of entry for approved PORTPASS

[[Page 22612]]

participants in designated vehicles. As discussed above, this fee is 
one element of the original SENTRI program fee. SENTRI is the only 
PORTPASS program in which CBP charges the DCL fee. Upon the effective 
date of this final rule, the entire SENTRI fee will be specified in 8 
CFR 103.7(d)(16). Since CBP will no longer have any other programs 
which charge the DCL fee, this paragraph (d)(1) is unnecessary. 
Therefore, CBP is removing and reserving 8 CFR 103.7(d)(1).

III. Discussion of Comments Submitted in Response to the NPRM Proposing 
Changes To Harmonize the Global Entry and SENTRI programs

A. Overview

    DHS received a total of 38 comments in response to the NPRM. The 
submissions included comments supporting the rule, comments requesting 
clarification on certain aspects of the rule, comments providing 
suggestions for changes primarily to the fee structure, and comments 
voicing concerns about the new fees or other parts of the programs. 
Below is a summary of the comments received, grouped by category, along 
with CBP's response to the comments.

B. Discussion of Comments

1. Comments Expressing General Support for Rule
    Comments: Several commenters supported the proposed change allowing 
for children to join these programs for free when they apply with or 
after a guardian. Furthermore, other commenters supported the new fee 
proposal generally. Some commenters noted that the rule would benefit 
families (particularly through fee exemptions for minors applying with 
or after a guardian) and facilitate travel. One commenter stated 
agreement with raising the price only if it means faster access to an 
interview.
    Response: CBP thanks these commenters for their support. CBP agrees 
with the commenters that the rule will result in cost savings to some 
families applying for the Global Entry and SENTRI programs, as 
described in the rule's economic impact analysis (see section on 
Executive Orders 12866 and 13563). While this rule will not directly 
result in faster access to interviews, CBP is always trying to innovate 
to improve processing of trusted traveler applications.
2. Comments Expressing General Opposition to Rule
    Comments: Several commenters expressed general opposition to the 
rule, including any changes to trusted traveler program fees. Several 
commenters suggested that Global Entry, SENTRI, and NEXUS fees should 
remain the same. One commenter also said CBP should better allocate its 
resources instead of hiking fees. Numerous commenters expressed 
dissatisfaction with the wait times to get an interview for trusted 
traveler programs.
    Response: As previously stated, and explained in the fee study, 
CBP's original Global Entry, SENTRI, and NEXUS fees are not sufficient 
to recover CBP's costs to administer the programs. CBP is working to 
ensure that all applicants are interviewed in a timely manner. CBP has 
also implemented a remote interview pilot program,\20\ which will 
reduce the backlog of conditionally approved applicants. This program 
will provide additional accessible interview options that will decrease 
the time applications are in the backlog of conditionally approved 
applications. TTP personnel can conduct virtual interviews at select 
ports of entry, thereby increasing interview capacity and improving the 
enrollment process for the future.
---------------------------------------------------------------------------

    \20\ Currently the pilot program is only available for renewal 
applications. When this final rule become effective, CBP may expand 
the program to new applications as well.
---------------------------------------------------------------------------

3. Comments on Fee Structure
    Comments: Several commenters suggested alternative structures to 
the proposed Global Entry, SENTRI, and NEXUS fee. One commenter 
suggested that CBP use an application fee scale for Global Entry, 
SENTRI, and NEXUS membership where adults aged 18 and over pay $120, 
children aged 0-6 pay $0, children aged 7-11 pay $40, and children aged 
12-17 pay $80.
    Response: CBP appreciates the commenter's suggestion to adjust the 
application fee on the basis of age. CBP has considered this 
alternative fee schedule but will finalize its proposal to waive only 
the fee of minor applicants with a participant/concurrent applicant 
parent or legal guardian because this exemption for minors will 
minimize the costs for families enrolling in the Global Entry, SENTRI, 
and NEXUS programs. The cost for minors with parents in the program is 
offsetting, whereas waiving the fee for minors without a parent in the 
program is not supported by the fee study.
    Comment: One commenter opposed exempting certain minors from 
application fees and instead suggested that the TTP fee structure 
should closely match the U.S. passport fee structure, where first-time 
applicants and renewing participants pay different fees, and children 
are not exempt from application fees. The commenter believes that this 
fee structure would motivate adults and children to enroll and remain 
participants of Global Entry, SENTRI, and NEXUS ``in a more fair way.''
    Response: CBP appreciates the commenter's suggestion to adjust the 
application fee based on the U.S. passport fee structure. CBP is 
finalizing its proposed fee structure instead of adopting the 
commenter's suggested U.S. passport fee-based structure because CBP 
generally incurs the same costs to enroll first-time and renewing 
participants into the Global Entry, SENTRI, and NEXUS programs. 
Charging lower fees to renewal applicants would unfairly require new 
participants to subsidize the application costs of existing 
participants.
    Moreover, CBP does not agree with the commenter's suggestion to 
adopt the U.S. passport fee structure's application fees for children. 
CBP will waive the Global Entry, SENTRI, and NEXUS application fees for 
minor applicants with a participant/concurrent applicant's parent or 
legal guardian to lessen the financial burden of trusted traveler 
program participation for families. This approach is consistent with 
the original SENTRI and NEXUS fee exemption and cap for families with 
minors used to lessen the financial burden of these programs to 
families. CBP has determined that a harmonized fee of $120 is 
appropriate and necessary to recover a reasonable portion of the costs 
associated with application processing for these trusted traveler 
programs.
    Comment: Two commenters suggested alternatives to the proposed fee 
structure if the NEXUS fee must increase. The first commenter suggested 
that CBP provide a subsidy to applicants who meet certain income 
requirements or low-income families. The second commenter asked CBP to 
raise the NEXUS fee by no more than $10.
    Response: This rule does not make changes to the NEXUS fee. Changes 
to the NEXUS fee are being done through a separate notice in the 
Federal Register published concurrently with this final rule. However, 
CBP acknowledges that the purpose of this rule and that notice jointly 
are to harmonize the Global Entry, SENTRI and NEXUS fees, therefore, we 
are providing Responses regarding the NEXUS fee for transparency 
purposes here in this rule even though the NEXUS fee is outside the 
scope of this rule. The proposed fee already lessens the financial 
burden of

[[Page 22613]]

trusted traveler program participation for families by waiving the 
application fee for minors who concurrently apply for Global Entry, 
SENTRI, or NEXUS with a parent or legal guardian or whose parent or 
legal guardian already participates in one of the programs. Global 
Entry, SENTRI, and NEXUS, as fee-funded programs, require CBP to recoup 
cost of administering trusted traveler programs for frequent 
international travelers through an application fee process. 
Additionally, the original NEXUS fee is not sufficient to recover CBP's 
costs to administer the program. Raising the NEXUS fee by only $10 
would not sufficiently cover CBP's costs to administer NEXUS. As 
previously stated, CBP has determined that a harmonized fee of $120 is 
appropriate and necessary to recover a reasonable portion of the costs 
associated with application processing for the Global Entry, SENTRI, 
and NEXUS trusted traveler programs.
    Comment: Two other commenters stated that they believe the proposed 
$120 Global Entry, SENTRI, and NEXUS fee is ``too low,'' with one 
commenter proposing a fee of $500. However, these commenters did not 
provide any evidence supporting this statement or suggest any costs 
that were excluded from the fee's calculation.
    Response: CBP's fee study determined that a uniform $120 fee is 
appropriate and necessary to recover a reasonable portion of costs 
associated with application processing for the Global Entry, SENTRI, 
and NEXUS programs. The commenter's suggestion to increase the fee well 
beyond $120 would not be appropriate.
    Comment: One commenter questioned why CBP could not process 
applicants of Global Entry and SENTRI for the same $50 fee as NEXUS. 
The commenter stated: ``if CBP and its Canadian counterpart, the 
Canadian Border Services Agency, can process applications for an 
individual for $50 and a family for just $100 while also splitting 
revenue then CBP should be able to do the same for Global Entry and 
SENTRI users.'' The commenter also asserted that CBP did not account 
for the cost savings of the Global Entry, SENTRI, and NEXUS programs' 
expedited processing when calculating the proposed $120 fee and asked 
CBP to consider these savings to maintain the original $100 Global 
Entry fee.
    Response: The original Global Entry, SENTRI, and NEXUS fees are not 
sufficient to recover CBP's costs to administer the programs. CBP has 
determined that a harmonized fee of $120 is appropriate and necessary 
to recover a reasonable portion of the costs associated with 
application processing for these trusted traveler programs. As noted in 
the rule, even though the proposed $120 fee is set to recover the full 
costs of the Global Entry, SENTRI, and NEXUS programs, the United 
States will only receive two-thirds of the revenue necessary to cover 
its costs of the NEXUS program while Canada receives the remaining one-
third of the revenue. CBP did not adjust the $120 fee higher to account 
for this split in revenue because doing so would cause applicants to 
Global Entry and SENTRI to subsidize the costs of the NEXUS program and 
the purpose is to harmonize the fees across the three programs. 
Additionally, CBP recognizes that the Global Entry, SENTRI, and NEXUS 
programs offer certain cost savings to CBP. These savings represent 
time cost savings rather than budgetary savings, meaning that CBP 
dedicates the savings to perform other agency missions, such as 
facilitating trade and enhancing border security. CBP accounted for the 
time cost savings of Global Entry, SENTRI, and NEXUS to the agency when 
creating the programs and used the appropriate net costs to determine 
the proposed $120 Global Entry, SENTRI, and NEXUS fee.
4. Comments on Expanding Fee Exemption for Certain Minors
    Comment: Several commenters requested that CBP adjust its fee 
exemption for minors. One commenter asked CBP to exempt all minors from 
paying the Global Entry, SENTRI, and NEXUS application fees. Other 
commenters suggested that CBP expand its fee exemption to also exempt 
individuals who are 21 years old and younger and who are enrolled in 
full-time studies and dependent on their parents for their housing and 
subsistence from paying the Global Entry, SENTRI, and NEXUS application 
fees. Another commenter requested that CBP offer application fee 
waivers to individuals under the age of 26 living at the same address 
as their parents or legal guardians.
    Response: CBP does not agree with exempting all minors from paying 
the Global Entry, SENTRI, and NEXUS application fees because the fee 
study that was completed does not support that exemption and a narrower 
exemption is necessary for CBP to reasonably recover its costs 
associated with the programs. In calculating the fee, CBP adjusts the 
per applicant cost to allow minors under the age of 18 free membership 
in any of the three TTPs, while still recovering all its costs when a 
parent or legal guardian is already a participant of, or concurrently 
applying for the Global Entry, SENTRI, or NEXUS trusted traveler 
program. The cost for waiving the fee for minors is offset when a 
parent or legal guardian is applying or already enrolled in the 
program, whereas the cost for waiving fees for minors without a parent 
or legal guardian applying or already enrolled in the program is not 
offset and not supported by the fee study. Additionally, CBP does not 
agree with the suggested fee exemptions for older dependents or 
individuals under the age of 26 living at the same address as their 
parents or legal guardians because 18 is the standard age of adulthood 
in the United States and collecting the fee for all adults is necessary 
for CBP to reasonably recover its costs associated with the programs. 
Further, 18 is the age previously used and currently agreed to by 
Canada concerning exemption of minors from payment of the NEXUS fee, 
and thus using 18 as the upper age limit for the exemption furthers the 
goal of aligning the fee structure across programs.
5. Comments Opposing Waiver of Fees for Minor Applicants
    Comments: Some commenters opposed exempting minors from paying the 
Global Entry, SENTRI, and NEXUS programs, with several suggestions that 
the exemption would degrade the integrity and value of the program. One 
commenter implied that the proposed fee increase is due to waiving 
minor applicants.
    Response: CBP does not agree with these comments. CBP will offer 
fee exemptions to minors who concurrently apply for Global Entry, 
SENTRI, or NEXUS with a parent or legal guardian or whose parent or 
legal guardian already participates in one of the programs to lessen 
the financial burden of trusted traveler program participation for 
families. This practice is consistent with the original SENTRI and 
NEXUS fee exemption and cap for families with minors used to lessen the 
financial burden of these programs to families. CBP will continue to 
maintain the integrity and the value of the Global Entry, SENTRI, and 
NEXUS programs with this fee change. The trusted traveler programs will 
continue to develop innovative approaches to process arriving 
travelers, while facilitating the traveling experience and enhancing 
passenger security. As more fully discussed in the fee study, the 
original Global Entry, SENTRI, and NEXUS fees are not sufficient to 
recover CBP's costs to administer the programs. CBP has determined that 
a harmonized fee of $120 is appropriate and necessary to recover a 
reasonable portion of the

[[Page 22614]]

costs associated with application processing for these trusted traveler 
programs. Contrary to the commenter's claims, this fee increase is a 
result of updated CBP costs, as opposed to the waiver of application 
fees for minors.
6. Comments About Combining Global Entry, SENTRI, and NEXUS Trusted 
Traveler Programs
    Comments: Several commenters suggested that CBP combine the Global 
Entry, SENTRI, and NEXUS programs into one trusted traveler program in 
an effort to decrease costs to CBP and decrease the proposed $120 
applicant fee that is based in part on these CBP costs. One of these 
commenters also noted that this consolidation seems more consistent 
with the principles set forth in Executive Order 13563.
    Response: CBP is not combining the Global Entry, SENTRI, and NEXUS 
programs into one program at this time because of the differences in 
eligibility requirements for each respective program. Combining these 
three programs into one program would require significant changes to 
each program. Furthermore, any changes to the NEXUS program would 
require Canada's concurrence.
7. Comments Opposing NEXUS Fee Change
    Comments: Several commenters opposed the proposed NEXUS fee 
increase and believe that it would pose a financial burden for many 
individual NEXUS participants and families. One of these commenters 
also stated that the proposed fee will discourage NEXUS program 
participation. They believe that the fee will subsequently discourage 
interstate commerce between the United States and Canada, as well as 
economically beneficial trips between the countries. Another commenter 
who opposed the NEXUS fee increase stated that increasing the NEXUS 
application fee would disproportionately burden most American 
applicants for NEXUS, relative to applicants for Global Entry. Another 
commenter who opposed the NEXUS fee increase incorrectly asserted that 
the U.S. Government would profit from the proposed fee increase.
    Response: As noted throughout this final rule, this final rule does 
not make modifications to the NEXUS program. Modifications to that 
program are being made through a separate notice in the Federal 
Register and are exempt from the notice and comment requirements in the 
Administrative Procedure Act pursuant to 8 U.S.C. 1753(c). Nonetheless, 
CBP is providing responses to comments regarding the NEXUS program here 
for clarity and transparency purposes.
    Global Entry, SENTRI, and NEXUS are voluntary trusted traveler 
programs that provide special benefits to participants beyond those 
available to general travelers who are not participants of trusted 
traveler programs. NEXUS is a joint program with Canada and requires an 
applicant to have an interview with both U.S. and Canadian authorities. 
The original Global Entry, SENTRI, and NEXUS fees are not sufficient to 
recover CBP's costs to administer the programs. CBP has determined that 
a harmonized fee of $120, or equivalent to $24 per year over the five-
year membership period, is appropriate and necessary to recover a 
reasonable portion of the costs associated with application processing 
for Global Entry, SENTRI, and NEXUS, while still offering reprieve to 
families with minor applicants. CBP does not believe that a $70 total 
increase in the NEXUS fee, or a $14 increase per year, will place a 
large financial burden on NEXUS applicants. Similarly, CBP does not 
believe that a $140 total increase in the NEXUS fee for families, or a 
$28 increase per year, will place a large financial burden on families. 
Nonetheless, each renewing or prospective NEXUS participant and family 
must determine if the benefits of dedicated CBP processing into the 
United States would equal or exceed the costs of joining the voluntary 
program.
    CBP does not believe that the increased cost for the NEXUS program 
will discourage participation in the program as the program will still 
be beneficial to the vast majority of travelers. Even if a traveler 
chooses not to participate in the program, it is unlikely that the 
traveler will forgo land travel to the United States given the only 
slightly higher wait times for regular travelers along the northern 
land border. Accordingly, CBP does not believe that the proposed fee 
increase will discourage international commerce between the United 
States and Canada or economically beneficial trips between the 
countries.
    Regarding the disproportionate effect on NEXUS users, CBP agrees 
that the proposed fee will result in a higher application fee increase 
for current NEXUS participants than current Global Entry participants. 
However, the original $50 NEXUS fee is much lower than the Global Entry 
and SENTRI fees, even though it has a nearly identical application 
process and has even more travel benefits than the Global Entry and 
SENTRI programs. As previously stated, the original Global Entry, 
SENTRI, and NEXUS fees are not sufficient to recover CBP's costs to 
administer the programs. Given these unreimbursed costs and the nearly 
identical application processes and benefits, CBP is proposing to 
increase and harmonize the application fee for these trusted traveler 
programs.
    Finally, as noted throughout this document, CBP has determined that 
a harmonized fee of $120 is appropriate and necessary to recover a 
reasonable portion of the costs associated with application processing 
for these trusted traveler programs, without U.S. Government profit.
8. Comments on SENTRI Program Changes
    Comments: One commenter asked if moving all applications to the 
online portal, eliminating the paper application option for the SENTRI 
program, will cause an undue burden on families who do not own a 
computer or have access to a reliable internet connection. That 
commenter also asked if the rule's requirement to pay a one-time non-
refundable application fee at the time of application rather than in 
increments like the original SENTRI application fee structure would 
increase the financial burden for some families to join SENTRI.
    Response: Eliminating the paper SENTRI application will complete 
the harmonization of the application submission process for the Global 
Entry, SENTRI, and NEXUS programs,\21\ streamline the application 
process, reduce the burden on CBP officers, and expedite the 
application process. As stated in the rule's economic impact analysis 
(see section on Executive Orders 12866 and 13563), CBP recognizes that 
applying and paying for the SENTRI program and vehicle registrations 
electronically requires internet access. CBP acknowledges that those 
without readily available internet access will have to visit a facility 
that provides internet access to the public, such as a library. 
However, in 2022, CBP received 232,026 SENTRI applications and 105,063 
SENTRI vehicle enrollment applications, all of which were submitted 
electronically (no paper submissions).\22\ Applicants would not likely 
opt to file electronically if it were more burdensome to do so. For 
this reason, CBP assumes that no applicants

[[Page 22615]]

will need to travel to access the internet for the purpose of 
submitting the application or paying the required fees. To the extent 
that someone does need to travel, they will incur small opportunity and 
transportation costs. CBP notes that the SENTRI program is a voluntary 
program and that all individuals must determine if the benefits of 
receiving dedicated CBP processing either meet or exceed the costs of 
joining the SENTRI program.
---------------------------------------------------------------------------

    \21\ A NEXUS applicant may submit a paper application to apply 
to the NEXUS program. This is a Canada Border Services Agency (CBSA) 
form, not a CBP form. As such, the paper NEXUS application is sent 
to CBSA, processed, and input by CBSA. CBP's NEXUS application and 
application submission are completely electronic.
    \22\ Data provided by subject matter experts from CBP's Office 
of Admissibility and Passenger Programs, Trusted Traveler Programs 
Division, Office of Field Operations on February 21, 2023.
---------------------------------------------------------------------------

    Regarding the application fee structure for families, CBP 
acknowledges that families who apply to join the SENTRI program will 
pay more at the time of application under the revised regulations than 
under the original process. However, these families will generally pay 
less overall to join the program under the revised regulations. Paying 
all SENTRI application fees at the time of application instead of in 
increments is consistent with CBP's goal of harmonizing the Global 
Entry, SENTRI, and NEXUS application processes. Accordingly, CBP does 
not support incremental application payments for SENTRI membership.
    CBP does not believe that paying relatively more to join SENTRI 
earlier in the application process under the revised regulations than 
under the original process will introduce such a large financial burden 
to families to the extent that the increase will prohibit them from 
applying to join SENTRI. Nonetheless, each renewing or prospective 
family participating in SENTRI must determine if the benefits of 
dedicated CBP processing into the United States would equal or exceed 
the costs of joining the program.
9. Comments on Definition of Family for Fee Exemption
    Comments: Some commenters asked CBP to update its definition of 
family that is currently included in the regulations for SENTRI fee 
exemptions to reflect modern family structures. One of these commenters 
was also confused by the definition of a family in the paragraph under 
Table 10.
    Response: The revised regulatory language for the SENTRI fee 
exemptions does not include a definition for the word ``family.'' 
Rather, the revised Global Entry, SENTRI, and NEXUS fee exempts minors 
who apply concurrently with any parent or legal guardian, or whose 
parent or legal guardian is already a participant of the program to 
which the minor is applying, from payment of the applicable fee. CBP 
has attempted to clarify in this document that this rule does not 
provide a definition of family for fee exemptions, including clarifying 
the language in Table 10 highlighted by one commenter. The revised 
regulations do expand the minors eligible for fee waiver as the 
regulations will allow a minor applying with or after any parent or 
guardian to enroll for free.
10. Miscellaneous Comments
    Comments: CBP received several miscellaneous comments. One 
commenter noted that the rule did not state a difference in processing 
costs for the trusted traveler programs between a minor applicant with 
a participant/concurrent applicant parent or legal guardian and a solo 
minor applicant.
    Response: Typically, there is no notable difference in CBP 
processing costs between a minor applicant with a participant/
concurrent applicant parent or legal guardian and a solo minor 
applicant. According to CBP subject matter experts, it takes about the 
same amount of time for a CBP officer to process a solo minor trusted 
traveler program applicant as it does for one who applies with a 
participant/concurrent applicant parent or legal guardian. CBP has 
included this processing cost information in the economic impact 
analysis for this final rule. As stated above, the fee study supports 
that the cost for not charging a fee for minors to apply is only offset 
when a parent or legal guardian has applied for a trusted traveler 
program. If a fee was not charged for minors applying and those minors 
do not have a parent or legal guardian also applying for the program 
that cost is not offset and therefore that policy is not supported by 
the fee study.
    Comment: One commenter wrongly asserted that the proposed fee 
increase is a barrier for travelers, particularly minorities and 
disabled individuals, to ``have the same [travel] experience as 
everyone else.''
    Response: The Global Entry, SENTRI, and NEXUS are voluntary trusted 
traveler programs that provide dedicated processing to participants 
beyond those that are provided to general travelers. Not participating 
in these voluntary programs alone would not prevent travelers from 
traveling to, entering, or being admitted to the United States. In 
fact, these programs lead to faster processing overall for participants 
and non-participants. CBP does not discriminate based on race, gender, 
disability, or other protected factors and is not increasing the fees 
as a method for decreasing enrollment in these programs. CBP has 
determined that a harmonized fee of $120, or $24 per year over the 
five-year membership period, is appropriate and necessary to recover a 
reasonable portion of the costs associated with application processing 
for these voluntary trusted traveler programs, while still offering 
reprieve to families with minor applicants. Each renewing or 
prospective Global Entry, SENTRI, and NEXUS participant must determine 
if the benefits of dedicated CBP processing into the United States 
would equal or exceed the costs of joining a program.
    Comment: One commenter stated that the proposed fee would equal 
about $160.00 Canadian dollars (CAD) using an exchange rate of $1.00 
U.S. dollar (USD) = $1.35 CAD. The same commenter remarked that the 
cost of NEXUS for dual citizens is well over $500.00 USD.
    Response: The harmonized $120 fee captures the costs of the program 
to CBP, which uses U.S. dollars. As such, this fee is in U.S. dollars. 
This practice is consistent with other CBP user fees for international 
travelers. CBP notes that the $120 USD fee for individuals paying in 
Canadian dollars is dependent on the exchange rate, so it may be higher 
or lower than $120 CAD. Further, this commenter incorrectly attributed 
the cost of a U.S. passport and Canadian passport to NEXUS membership. 
U.S. and Canadian passports are required for dual citizens to travel 
between Canada and the United States, regardless of NEXUS membership. 
NEXUS is a voluntary trusted traveler program that provides special 
benefits to participants beyond those that are available to general 
travelers. The fee for participation is $120.00 USD.
    Comment: A few commenters noted that some credit card companies 
reimburse the application fees for Global Entry applicants. Some of 
these commenters also suggested that CBP encourage all credit card 
issuers to offer reimbursement of the SENTRI and NEXUS enrollment fees.
    Response: CBP acknowledges that prior to this rule some private 
credit card companies have reimbursed the full amount of the $100 fee 
to Global Entry applicants. Regardless of credit card reimbursement or 
lack thereof, CBP still receives the payment for the Global Entry fee. 
Therefore, CBP does not believe reimbursement of these fees by some 
credit card agencies will have any impact on the analysis of this rule. 
The suggestion that CBP encourage credit card issuers to offer 
reimbursement is outside of the scope of this rule.
    Comment: One commenter stated that application fees alone 
inaccurately capture the true cost for travelers to obtain Global Entry 
and NEXUS memberships.

[[Page 22616]]

    Response: The commenter is correct that application fees alone do 
not reflect the true cost for travelers to obtain Global Entry and 
NEXUS memberships. However, the rule will not affect the Global Entry 
and NEXUS application processes, and CBP expects that this rule will 
not result in changes to any potential costs placed on applicants 
beyond the application fees. The minor regulatory changes to Global 
Entry processing reflect current practice. Thus, this rule will not 
result in new costs or benefits. As such, CBP focused on the economic 
impacts of the increased Global Entry fee in the rule's economic impact 
analysis, along with the effects of the changes to the SENTRI program. 
CBP has clarified in the final rule's economic impact analysis that the 
minor regulatory changes involving Global Entry processing reflect 
current practice and will therefore not introduce new costs or 
benefits.
    Comment: One commenter noted that CBP inadvertently failed to post 
the fee study in the docket when the Harmonization of the Fees and 
Application Procedures for the Global Entry and SENTRI Programs and 
Other Changes Notice of Proposed Rulemaking (NPRM) was first published.
    Response: To correct this omission, on December 1, 2020, CBP 
published the fee study in the docket and reopened the comment period 
for the NPRM and fee study for an additional 30 days.
    Comment: One commenter noted that the economic impacts of the 
COVID-19 pandemic, such as decreased travel, high unemployment, and 
financial uncertainty, could nullify the Global Entry, SENTRI, and 
NEXUS applicant forecasts upon which the proposed rule is based.
    Response: CBP acknowledges that the COVID-19 pandemic previously 
led to a drop in travel to the United States and negative economic 
impacts. For that reason, CBP continues to use the 2015 to 2019 Global 
Entry, SENTRI, and NEXUS applicant data as the basis for its proposed 
fee for these programs. That data does not reflect an abnormal change 
in Global Entry, SENTRI, and NEXUS program memberships and results in a 
fee that still recovers a reasonable portion of costs associated with 
application processing for these trusted traveler programs. If CBP 
adjusted the data to reflect a smaller number of Global Entry, SENTRI, 
and NEXUS applications than currently used to calculate the $120 fee, 
the Global Entry, SENTRI, and NEXUS fee would be even higher than the 
revised fee of $120. The higher fee would become a larger financial 
burden for individuals interested in joining these trusted traveler 
programs or renewing their program memberships. The larger burden would 
be a result of the fact that the $120 Global Entry, SENTRI, and NEXUS 
fee, as described in the fee study, is based in part on fixed costs not 
dependent on the number of Global Entry, SENTRI, and NEXUS applicants. 
CBP further notes that the agency is within its rights to charge less 
than the full cost recovery of the Global Entry, SENTRI, and NEXUS 
programs to the agency.
    Comment: One commenter said that making the cost of the application 
free for minors who apply with their parents will cause problems since 
parents will now not hesitate to enroll kids for free. The commenter 
suggested this will lead to many problems with getting approvals for 
the programs, namely, longer wait times both for getting conditionally 
approved and getting interviews. This commenter said interview centers 
are already backed up for months and that it is almost impossible to 
get an interview, so this change will only add to the unavailability of 
appointments.
    Response: CBP is always working on trusted traveler program 
innovations and process improvements to ensure that the programs remain 
efficient with the latest technologies so that processing times for all 
travelers are reduced. CBP is committed to enhancing the customer 
experience to include making arrival processing easier for family units 
and more accessible to a greater number of individuals. CBP has 
expanded hours at enrollment centers, expanded the use and efficiency 
of Enrollment on Arrival, increased the number of renewal applicants 
eligible for approval without a new interview or using a remote 
interview and improved transparency and consistency related to the 
scheduling process.

IV. Statutory and Regulatory Requirements

A. Executive Orders 12866 and 13563

    Executive Orders 12866 (Regulatory Planning and Review), as amended 
by Executive Order 14094 (Modernizing Regulatory Review) and 13563 
(Improving Regulation and Regulatory Review) direct agencies to assess 
the costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. CBP anticipates that during the five-year period of 
analysis, this rule will result in approximately $210 million in net 
transfer payments to CBP, or on average $51.2 million annually 
(assuming a 7 percent discount rate and using 2022 U.S. dollars).
    The Office of Management and Budget (OMB) has not designated this 
rule a ``significant regulatory action,'' under section 3(f) of 
Executive Order 12866. Accordingly, OMB has not reviewed it. CBP has 
prepared the following analysis to help inform stakeholders of the 
impacts of this final rule.
1. Purpose of the Rule
    CBP operates several voluntary trusted traveler programs that 
afford pre-approved travelers with dedicated processing when traveling 
to the United States. These programs are the Global Entry program, 
SENTRI program, and NEXUS program.\23\ When originally developed, each 
program had its own application process and participants of one program 
could not take advantage of the benefits of other programs. As the 
programs expanded, CBP determined that it was necessary to unify 
certain aspects of the three trusted traveler programs. Currently, the 
programs have a nearly identical application process and certain 
participants of any one of the programs can enjoy nearly all the 
benefits of the other two trusted traveler programs. However, 
regulatory changes are needed to unify certain aspects of the programs.
---------------------------------------------------------------------------

    \23\ As stated in footnote 2, the FAST program is another CBP 
trusted traveler program that allows pre-approved commercial truck 
drivers dedicated processing at select commercial ports of entry at 
the northern and southern land borders. This program has different 
vetting standards, is offered to a different type of traveler, and 
does not have the same benefits as the Global Entry, SENTRI, and 
NEXUS programs. TSA PreCheck is an additional DHS trusted traveler 
program administered by the TSA.
---------------------------------------------------------------------------

    Although the trusted traveler programs all offer nearly reciprocal 
benefits with each other, the original Global Entry, SENTRI, and NEXUS 
fees are $100, $122.25, and $50, respectively. In addition to leading 
to potential confusion and charging different prices for nearly the 
same product for prospective and renewing trusted traveler program 
participants, these fees are no longer sufficient to recover CBP's 
costs to administer the programs. Instead, all unreimbursed costs are 
currently covered by appropriated funds. As discussed below, CBP has 
determined that a harmonized fee of $120 is appropriate and necessary 
to

[[Page 22617]]

recover a reasonable portion of the costs associated with application 
processing for these trusted traveler programs.
    Beyond harmonizing the fee for Global Entry and SENTRI programs 
\24\ so that CBP recovers a reasonable portion of the costs of these 
programs, this final rule CBP will also implement a number of other 
changes. CBP will revise the SENTRI fee payment schedule and certain 
aspects of the application process, including incorporating the SENTRI 
program into DHS regulations. CBP will also exempt minors who are 
applying to Global Entry or SENTRI from the fee when one or more 
parents or legal guardians are already a participant of or concurrently 
applying for the same program. Additionally, CBP will eliminate the DCL 
fee currently applicable only to approved SENTRI participants and will 
require all SENTRI program applications and additional SENTRI program 
vehicle registrations fees to be paid for electronically. Finally, 
Global Entry regulations will also be updated in this final rule to be 
consistent with the program's expansion to certain U.S. territories and 
preclearance facilities.
---------------------------------------------------------------------------

    \24\ Changes to the NEXUS fee are being announced in a separate 
Federal Register notice.
---------------------------------------------------------------------------

2. Background
    When originally developed, the Global Entry, SENTRI, and NEXUS 
programs each had its own application process and participants in one 
program could not take advantage of the benefits of other programs. As 
the programs expanded, CBP determined that it was necessary to unify 
certain aspects of the three trusted traveler programs. Currently, the 
programs have a nearly identical application process and participants 
in any one of the programs can enjoy nearly all the benefits of the 
other two trusted traveler programs. As shown in Table 1 below, certain 
NEXUS and SENTRI participants are eligible to use Global Entry kiosks 
and Global Entry participants are eligible to use NEXUS lanes and 
marine reporting locations when entering the United States, as well as 
SENTRI lanes. Additionally, SENTRI participants are permitted to use 
NEXUS lanes and marine reporting locations when entering the United 
States and NEXUS participants are permitted to use SENTRI lanes.

                               Table 1--Trusted Traveler Programs' Shared Benefits
----------------------------------------------------------------------------------------------------------------
                                                                            Trusted traveler program
                 Dedicated processing through                 --------------------------------------------------
                                                                    SENTRI        Global entry        NEXUS
----------------------------------------------------------------------------------------------------------------
SENTRI Lanes.................................................               X                X                X
Global Entry Kiosks..........................................             * X                X             ** X
NEXUS Lanes (into U.S.)......................................               X                X                X
NEXUS Marine Reporting Stations (into U.S.)..................               X                X                X
NEXUS Lanes (into CAN).......................................  ...............  ...............               X
NEXUS Marine Reporting Stations (into CAN)...................  ...............  ...............               X
Automated Air Kiosks (into CAN)..............................  ...............  ...............               X
----------------------------------------------------------------------------------------------------------------
* U.S. citizens and lawful permanent residents may use this benefit. Mexican nationals may only use this benefit
  upon successful completion of a thorough risk assessment by the Mexican government.
** NEXUS participants may use this benefit if they meet all Global Entry processing requirements, including
  having a valid travel document (e.g., book passport).

    Despite the nearly identical application process and the nearly 
reciprocal benefits each program has with one another, each of these 
trusted traveler programs still had its own fee. As such, CBP is 
harmonizing the application fee for these three trusted traveler 
programs. CBP has determined that a fee of $120 is necessary in order 
to recover a reasonable portion of the costs associated with 
application processing for the Global Entry, SENTRI, and NEXUS trusted 
traveler programs.\25\ The fee study documenting the fee change, has 
been included on the docket of this rulemaking (docket number USCBP-
2020-0035).\26\ Table 2 presents the components of the new harmonized 
fee.
---------------------------------------------------------------------------

    \25\ CBP notes that \2/3\ of the revenue from NEXUS applicants 
goes to the United States government and the remaining \1/3\ of 
revenue from NEXUS applicants goes to the Canadian government. 
Therefore, even though the fee calculated below is set to recover 
the costs of the program, the United States will only receive \2/3\ 
of the revenue necessary to cover its costs of the NEXUS program. 
CBP considers the revenue to be sufficient to cover a reasonable 
portion of the costs. CBP has not adjusted the fee higher to account 
for this because doing so would cause applicants to SENTRI and 
Global Entry to subsidize the costs of the NEXUS program.
    \26\ During the NPRM for this rule, CBP used the estimates on 
enrollment numbers for SENTRI and Global Entry programs from `The 
CBP Trusted Traveler Programs Fee Study.' As significant time has 
passed, CBP has updated the historical and projected enrollment 
numbers for SENTRI and Global Entry programs in the economic 
analysis for this final rule. The harmonized $120 fee calculated in 
the `The CBP Trusted Traveler Programs Fee Study,' was agreed to 
with Canada. As it was based on recent, though not completely up to 
date, data, CBP is not revising the fee amount in this rule.

               Table 2--New Trusted Traveler Programs Fee
------------------------------------------------------------------------
 
------------------------------------------------------------------------
(1) TTP System/GES...........................................     $17.17
(2) FBI Fingerprinting.......................................      14.50
(3) Enrollment Center........................................      52.54
(4) Vetting Center...........................................      14.47
(5) RFID Card................................................      15.87
(6) HQ Staff, Call Center, and Miscellaneous.................       2.54
    Sum......................................................     117.09
                                                              ----------
        Calculated Fee, rounded up to the nearest $5.00......     120.00
------------------------------------------------------------------------

    Although CBP is harmonizing the fee for the Global Entry, SENTRI, 
and NEXUS trusted traveler programs, this rule only concerns changes to 
the fee for the Global Entry and SENTRI trusted traveler programs. 
Pursuant to 8 U.S.C. 1753(c), the fee setting of a joint U.S.-Canada 
project, such as the NEXUS program, is exempt from the Administrative 
Procedure Act. Accordingly, changes to the NEXUS fee are being 
announced in a separate Federal Register notice.
    Below are brief descriptions of the Global Entry and SENTRI trusted 
traveler programs and an explanation of their original fee structures 
(for details regarding the NEXUS trusted traveler program, please refer 
to the NEXUS website at https://www.cbp.gov/travel/trusted-traveler-programs/nexus):
a. SENTRI
    The SENTRI program allows pre-approved, low-risk, travelers 
dedicated CBP processing at specified land border ports along the U.S.-
Mexico border. The

[[Page 22618]]

SENTRI program originally had a fee of $122.25. This fee was comprised 
of three parts: a $25 application fee, an $82.75 DCL fee, and a $14.50 
FBI fingerprinting fee for applicants 14 years of age or older.\27\ 
Prior to the effective date of this rule, unlike Global Entry and 
NEXUS, SENTRI applicants did not pay the entire fee when submitting 
their application. Initially, a SENTRI applicant was only required to 
pay the $25 application fee. Payment of the $14.50 FBI fingerprinting 
fee and the $82.75 DCL fee was only required if a SENTRI applicant was 
conditionally approved for membership in the program.
---------------------------------------------------------------------------

    \27\ Data provided by subject matter experts from CBP's Office 
of Admissibility and Passenger Programs, Trusted Traveler Programs 
Division, Office of Field Operations on May 23, 2018. Also, on March 
19, 2012, the FBI fingerprinting fee decreased from $17.25 to $14.50 
(76 FR 78950).
---------------------------------------------------------------------------

    In order to lessen the financial burden for families applying to 
the SENTRI trusted traveler program, CBP placed a cap on the maximum 
amount that a family was required to pay for the application and DCL 
components of the SENTRI program fee. As shown in Table 3, these caps 
were $50 and $165.50, respectively, or the rough equivalent to the cost 
of two applicants. For the purposes of the SENTRI program prior to this 
rule, CBP considered a family to be one or more parents or legal 
guardians, and minors under 18 years of age.\28\ In fiscal year (FY) 
2022, CBP received $15.6 million in SENTRI fee revenue.^{29 30}
---------------------------------------------------------------------------

    \28\ Note that the new SENTRI regulation implemented in this 
final rule does not rely upon a definition of ``family'' or include 
a ``family option'' plan. Rather, any minor applying concurrently 
with a parent or legal guardian or whose parent or legal guardian is 
already a participant of SENTRI is exempt from payment of the SENTRI 
application fee.
    \29\ Data provided by subject matter experts from CBP's Office 
of Admissibility and Passenger Programs, Trusted Traveler Programs 
Division, Office of Field Operations on February 7, 2023.
    \30\ In addition to requiring individuals to apply to the SENTRI 
program, CBP requires that vehicles be approved by CBP for use in 
SENTRI lanes. The SENTRI program fee includes the registration of 
one vehicle during the initial application or renewal process. A fee 
of $42 is required for any additional vehicle to be registered for 
use in SENTRI lanes (maximum of four vehicles) or for the 
participant to register his or her first vehicle after the initial 
application or renewal process. The total SENTRI fee revenue 
includes fees associated with vehicle registration. This rule will 
not change these aspects of the SENTRI program.

           Table 3--Illustrative SENTRI Fee Family Option Plan
------------------------------------------------------------------------
        Fee component             Family member             Cost
------------------------------------------------------------------------
Application.................  Parent or Legal       $25 per person until
                               Guardian.             the maximum family
                                                     cap of $50 is
                                                     reached.
                              Parent or Legal
                               Guardian.
                              Minors 14-17 years
                               of age.
                              Minors under 14
                               years of age.
DCL.........................  Parent or Legal       $82.75 per person
                               Guardian.             until the maximum
                                                     family cap of
                                                     $165.50 is reached.
                              Parent or Legal
                               Guardian.
                              Minors 14-17 years
                               of age.
                              Minors under 14
                               years of age.
FBI Fingerprinting..........  Parent or Legal       $14.50.
                               Guardian.
                              Parent or Legal       $14.50.
                               Guardian.
                              Minors 14-17 years    $14.50.
                               of age.
                              Minors under 14       $0.
                               years of age.
------------------------------------------------------------------------
Note: for the purpose of illustration this table shows a family as up to
  two parents with minors of differing ages. However, CBP acknowledges
  that a family could be a single parent with minors of differing ages
  or a legal guardian(s) with minors of differing ages. Also, see
  footnote 15, above, noting that the new SENTRI regulation does not
  rely upon a definition of ``family.''

b. Global Entry
    The Global Entry program allows pre-approved, low-risk travelers 
dedicated CBP processing at designated airports. The Global Entry 
program originally had a fee of $100. In FY 2022, CBP received $252.7 
million in Global Entry fee revenue.\31\
---------------------------------------------------------------------------

    \31\ Revenue data provided by CBP's Office of Admissibility and 
Passenger Programs, Trusted Traveler Programs Division, Office of 
Field Operations on February 7, 2023.
---------------------------------------------------------------------------

3. Costs
    This final rule harmonizes the required fee when applying for 
membership in the Global Entry and SENTRI trusted traveler programs. 
The Global Entry and SENTRI programs originally had fees of $100 and 
$122.25, respectively. As discussed above, CBP has determined that a 
fee of $120 is necessary in order to recover a reasonable portion of 
the costs associated with application processing for CBP's trusted 
traveler programs. In addition to the fee changes, CBP is revising the 
SENTRI fee payment schedule; exempting minors from paying the fee if 
one or more parents or legal guardians are already a participant of or 
concurrently applying for Global Entry or SENTRI; requiring all SENTRI 
applicants to apply and pay electronically; requiring that additional 
SENTRI program vehicle registrations be paid for electronically; and 
eliminating the DCL fee currently applicable to only approved SENTRI 
participants.
    When assessing costs of final rules, agencies must take care to not 
include transfer payments in their cost analysis. As described in OMB 
Circular A-4, transfer payments occur when ``. . . monetary payments 
from one group [are made] to another [group] that do not affect total 
resources available to society.'' \32\ Examples of transfer payments 
include payments for insurance and fees paid to a government agency for 
services that an agency already provides.\33\ The Global Entry and 
SENTRI trusted traveler programs are established programs that already 
require a fee in order to participate. Prior to this final rule, fees 
did not cover the entire costs to CBP for administering these programs 
and unreimbursed costs were covered by appropriated funds. Accordingly, 
the fee changes, including changes in who is exempt, to the trusted 
traveler programs do not increase overall costs to society as these 
unreimbursed costs are already being paid by appropriated funds. As 
such, a change to the fee associated with each program is considered a 
transfer

[[Page 22619]]

payment. CBP does recognize that the fee changes may have a 
distributional impact on individuals and families applying or renewing 
their membership in either the Global Entry or SENTRI trusted traveler 
program. In order to inform stakeholders of all potential effects of 
the final rule, CBP has analyzed the distributional effects of the 
final rule below in section ``V. A. 4. Distributional Impacts.''
---------------------------------------------------------------------------

    \32\ OMB Circular A-4: https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/circulars/A4/a-4.pdf.
    \33\ Regulatory Impact Analysis: Frequently Asked Questions 
(FAQ): https://www.whitehouse.gov/wp-content/uploads/legacy_drupal_files/omb/assets/OMB/circulars/a004/a-4_FAQ.pdf.
---------------------------------------------------------------------------

    In addition to adjusting the fees required for membership in the 
Global Entry and SENTRI trusted traveler programs, CBP is requiring 
that all SENTRI applicants apply and pay the requisite application fee 
electronically and pay the vehicle registration fee electronically.\34\ 
CBP estimates that it takes the same amount of time to complete the 
electronic SENTRI application and make an electronic payment for the 
application and registration fee as it does to complete a paper SENTRI 
application and vehicle registration and make a payment by cash or 
check at an enrollment center. CBP believes that requiring an 
electronic application and payment is necessary to increase efficiency 
of the SENTRI program application and SENTRI vehicle registration 
process. Additionally, this further harmonizes the three trusted 
traveler programs because electronic applications and payments are a 
current CBP requirement for the Global Entry and NEXUS programs.\35\ 
CBP recognizes that applying and paying for the SENTRI program and 
vehicle registrations electronically requires internet access and those 
without readily available internet access will have to visit a facility 
that provides internet access to the public (e.g., a library). However, 
in 2022, CBP received 232,026 SENTRI applications and 105,063 SENTRI 
vehicle enrollment applications, all of which were submitted 
electronically (no paper submissions).\36\ Applicants would not likely 
opt to file electronically if it were more burdensome to do so. For 
this reason, CBP assumes that no applicants will need to travel to 
access the internet for the purpose of paying the required fee. To the 
extent that someone does need to travel to obtain internet access, they 
will incur small opportunity and transportation costs. CBP notes that 
the SENTRI program is a voluntary program and that all individuals must 
determine if the benefits of receiving dedicated CBP processing either 
meet or exceed the costs of joining the SENTRI program.
---------------------------------------------------------------------------

    \34\ CBP notes, however, that this rule does not change the 
vehicle fee and each SENTRI participant will continue to receive one 
vehicle registration for no additional cost when either renewing or 
applying to the SENTRI program.
    \35\ A NEXUS applicant may submit a paper application to apply 
to the NEXUS program. This is a CBSA form, not a CBP form. As such, 
the paper NEXUS application is sent to CBSA, processed, and input by 
CBSA. CBP's NEXUS application and application submission are 
completely electronic.
    \36\ Data provided from CBP's Borderstat Database by subject 
matter experts from CBP's Office of Admissibility and Passenger 
Programs, Trusted Traveler Programs Division, Office of Field 
Operations on February 21, 2023. CBP notes that the average time to 
complete a SENTRI application is approximately one year. This 
represents the time between when the application is received and the 
final decision on enrollment into the SENTRI program. Therefore, 
applications submitted in a given year are not always comparable to 
the number of enrollments.
---------------------------------------------------------------------------

    In addition to shifting the applications and vehicle registrations 
to be completed electronically, CBP is codifying SENTRI vehicle 
inspection changes that have previously been implemented. Formerly, the 
SENTRI vehicle inspection took place at the enrollment center. On 
November 17, 2015, CBP changed this inspection process and notified 
affected applicants and SENTRI participants of the new process by 
email. Under the new vehicle inspection process, which is still in 
effect, a vehicle must be approved by CBP for use in the SENTRI lanes 
and subsequently inspected at secondary inspection during one of the 
vehicle's crossings into the United States at CBP's discretion. Despite 
not having an inspection at the time of enrollment, vehicles remain 
subject to inspections at the time of crossing through random 
inspection. The SENTRI vehicle inspection changes resulting from this 
rule will not result in additional benefits or costs to CBP trusted 
traveler program participants because the changes have already been 
implemented and because no additional trip to an enrollment center is 
needed for the inspection.
    Along with the regulatory changes discussed above, CBP will 
implement changes to the information collection associated with the 
trusted traveler programs (OMB control number 1651-0121). The change 
will require a minor applying for membership in either the Global Entry 
or SENTRI trusted traveler program whose one or more parents or legal 
guardians are already a participant of the same program to submit his 
or her parents' or legal guardians' names and trusted traveler number. 
As discussed below, in section ``V. E. Paperwork Reduction Act,'' CBP 
estimates that this information collection will take approximately two 
minutes (0.0333 hours). CBP's trusted traveler database does not track 
which minors concurrently apply to a trusted traveler program with one 
or more parents or legal guardians and which minors apply after one or 
more parents or legal guardians joined a trusted traveler program. CBP 
subject matter experts from CBP's Office of Admissibility and Passenger 
Programs estimate that two percent of minors (or parents/legal 
guardians acting on their behalf) apply for membership in a trusted 
traveler program after one or more parents or legal guardians have 
already joined a trusted traveler program and, as such, will be subject 
to the information collection.

[[Page 22620]]

    Table 4 shows historical data on the number of minor applicants 
that enrolled in Global Entry and SENTRI from 2015 to 2022, while Table 
5 shows the estimated number of minor Global Entry and SENTRI 
applications over the period of analysis spanning from 2023 to 
2027.^{37 38} CBP based the 2023 through 2027 minor SENTRI 
enrollment application figures shown in Table 5 on the compound annual 
growth rate (CAGR) of minor SENTRI enrollment applications between 2015 
and 2022, which is equal to six percent, applied to the number of minor 
SENTRI applications in each prior year. To estimate the 2023 through 
2027 minor Global Entry enrollment applications, CBP applied the 2015 
to 2022 CAGR of minor Global Entry enrollment applications of 14 
percent to the number of minor Global Entry enrollment applications in 
each prior year.
---------------------------------------------------------------------------

    \37\ Data from CBP's Borderstat database provided by subject 
matter experts from CBP's Office of Admissibility and Passenger 
Programs, Trusted Traveler Programs Division, Office of Field 
Operations on May 23, 2018, June 22, 2021, and February 21, 2023.
    \38\ Data displayed in tables throughout this analysis are in 
calendar years unless otherwise noted.

 Table 4--Historical Minor Enrollment Applications for SENTRI and Global
                            Entry, 2015-2022
------------------------------------------------------------------------
                                            Total minor     Total minor
                                              SENTRI       global entry
                  Year                      enrollment      enrollment
                                           applications    applications
------------------------------------------------------------------------
2015....................................          25,003          59,670
2016....................................          37,102          94,631
2017....................................          34,924          99,232
2018....................................          32,245         101,209
2019....................................          19,707          82,720
2020 *..................................          13,573          38,207
2021....................................          33,175          78,639
2022....................................          38,622         152,530
                                         -------------------------------
  Total.................................         234,351         706,838
------------------------------------------------------------------------
* Due to the COVID-19 Pandemic, international travel halted,
  significantly disrupting the SENTRI and Global Entry programs.
Note: Totals may not sum due to rounding.


       Table 5--Estimated Minor SENTRI and Global Entry Enrollment
                         Applications, 2023-2027
------------------------------------------------------------------------
                                            Total minor     Total minor
                                              SENTRI       global entry
                  Year                      enrollment      enrollment
                                           applications    applications
------------------------------------------------------------------------
2023....................................          40,939         173,884
2024....................................          43,396         198,228
2025....................................          45,999         225,980
2026....................................          48,759         257,617
2027....................................          51,685         293,683
                                         -------------------------------
  Total.................................         230,778       1,149,392
------------------------------------------------------------------------
Note: Totals may not sum due to rounding.

    As previously stated, CBP subject matter experts from CBP's Office 
of Admissibility and Passenger estimate that two percent of minors (or 
parents/legal guardians acting on their behalf) apply for membership in 
a trusted traveler program after one or more parents or legal guardians 
have already joined a trusted traveler program. As such, CBP estimates 
that only two percent of the projected minor Global Entry and SENTRI 
applicants shown in Table 5 will be subject to the rule's proposed 
application information collection requiring the submission of the name 
and trusted traveler number of an applicant's parent(s) or legal 
guardian(s). These applicants will incur a two-minute (0.0333-hour) 
time burden to submit this information, at a time cost of $1.57 for 
Global Entry applicants and $0.68 for SENTRI applicants.\39\ Based on 
the hourly time values of $47.10 for Global Entry applicants and $20.40 
for SENTRI applicants.\40\ Using the projected number of minor Global 
Entry and SENTRI future applicants subject to the new information 
collection and the estimated time costs to complete the new information 
collection, CBP estimates that it will cost minors (or parents/legal 
guardians acting on their behalf) $39,232 in opportunity (or time) 
costs to complete the information collection over the five-year period 
of analysis. In the first year (2023), CBP estimates that the new 
information collection pursuant to this rule will cost minors (or 
parents/legal guardians acting on their behalf) $6,017. Table 6 shows 
the number of minor Global Entry and SENTRI applicants required to 
submit the name and trusted traveler number of one or more parents or 
legal guardians and their annual cost to complete this information 
collection.
---------------------------------------------------------------------------

    \39\ $20.40 hourly time value for SENTRI applicants x 0.0333-
hour time burden to complete new information collection = $0.68 
(rounded); $47.10 hourly time value for Global Entry applicants x 
0.0333-hour time burden to complete new information collection = 
$1.57 (rounded).
    \40\ CBP bases the $20.40 hourly time value for SENTRI 
applicants on the U.S. Department of Transportation's (DOT) hourly 
time value of $20.40 for all-purpose, intercity travel by surface 
modes (except high-speed rail). CBP used this hourly time value for 
all-purpose, intercity travel by surface modes for SENTRI applicants 
because SENTRI members use the program to travel to the United 
States by land. CBP bases the $47.10 hourly time value for Global 
Entry applicants on the DOT's hourly time value of $47.10 for all-
purpose, intercity travel by air and high-speed rail. CBP used this 
hourly time value for all-purpose, intercity travel by air and high-
speed rail for Global Entry applicants because Global Entry members 
primarily use the program to travel to the United States by air. 
Source: U.S. Department of Transportation, Office of Transportation 
Policy. The Value of Travel Time Savings: Departmental Guidance for 
Conducting Economic Evaluations Revision 2 (2016 Update). ``Table 4 
(Revision 2--2016 Update): Recommended Hourly Values of Travel Time 
Savings.'' September 27, 2016. Available at https://www.transportation.gov/sites/dot.gov/files/docs/2016%20Revised%20Value%20of%20Travel%20Time%20Guidance.pdf. Accessed 
May 25, 2022.

                Table 6--Total Cost to Complete the Information Collection for Minors, 2023-2027
                                        [Undiscounted 2022 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                   Total cost to
                                    2% of minor     2% of minor    Cost to minor   Cost to minor   minor SENTRI
              Year                    SENTRI       global entry       SENTRI       global entry     and global
                                    applicants      applicants      applicants      applicants         entry
                                                                                                    applicants
----------------------------------------------------------------------------------------------------------------
2023............................             819           3,478            $557          $5,460          $6,017
2024............................             868           3,965             590           6,225           6,815
2025............................             920           4,520             626           7,096           7,722
2026............................             975           5,152             663           8,089           8,752
2027............................           1,034           5,874             703           9,222           9,925
                                 -------------------------------------------------------------------------------

[[Page 22621]]

 
    Total 2021-2025.............           4,616          22,989           3,139          36,093          39,232
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.

Total Costs
    Table 7 summarizes the costs of this rule for minors to apply to 
the Global Entry and SENTRI programs after one or more parents or legal 
guardians have already done so. Altogether, this rule will impose a 
total discounted cost on minors from 2023 to 2027 of $31,633 in present 
value and $7,715 on an annualized basis (using a 7 percent discount 
rate and 2022 U.S. dollars).

  Table 7--Total Monetized Present Value and Annualized Costs of Rule,
                                2023-2027
                           [2022 U.S. dollars]
------------------------------------------------------------------------
                                            3% discount     7% discount
                                               rate            rate
------------------------------------------------------------------------
Present Value Cost......................         $35,670         $31,633
Annualized Cost.........................           7,789           7,715
------------------------------------------------------------------------
Note: The estimates in this table are contingent upon CBP's projections
  as well as the discount rates applied.

4. Distributional Impacts
a. SENTRI
    Pursuant to this final rule, the SENTRI fee will decrease from 
$122.25 to $120, the entire SENTRI fee will be required to be paid when 
submitting a SENTRI program application, and minors will be exempt from 
the SENTRI program fee when one or more parents or legal guardians are 
either a participant of or concurrently applying for SENTRI. Table 8 
shows the historical approved adult SENTRI applicants from 2015 to 
2022.\41\
---------------------------------------------------------------------------

    \41\ Data from CBP's Borderstat database provided by subject 
matter experts from CBP's Office of Admissibility and Passenger 
Programs, Trusted Traveler Programs Division, Office of Field 
Operations on May 23, 2018, June 22, 2021, and February 21, 2023.

     Table 8--Historical Approved Adult SENTRI Applicants, 2015-2022
------------------------------------------------------------------------
                                                           Total SENTRI
                                                            enrollment
                                                           applications
                          Year                               approved
                                                          applicants age
                                                            18 or older
------------------------------------------------------------------------
2015....................................................          55,209
2016....................................................          88,163
2017....................................................          91,468
2018....................................................          84,195
2019....................................................          66,916
2020 *..................................................          58,994
2021....................................................         131,811
2022....................................................         129,260
                                                         ---------------
  Total.................................................         706,016
------------------------------------------------------------------------
* Due to the COVID-19 Pandemic, international travel halted
  significantly disrupting the SENTRI program.
Note: Totals may not sum due to rounding.

    The SENTRI program fee decrease is estimated to save individuals 18 
years of age or older $2.25 over a five-year period (an average of 
$0.45 per year) when they either apply for SENTRI for the first time or 
renew their SENTRI membership. Using the above historical data in Table 
8 and the 13 percent CAGR of approved adult SENTRI applications between 
2015 and 2022, CBP estimates that over the five-year period of analysis 
from 2023 to 2027, 946,533 adults (189,307 adults per year on average) 
will either join the SENTRI program or renew their memberships. Based 
on these projected memberships, CBP estimates that the fee decrease 
will result in decreased transfer payments from SENTRI applicants to 
the U.S. Government of approximately $2,129,699 ($425,940 per year on 
average) over the five-year period of analysis (946,533 estimated 
SENTRI applications x $2.25 fee decrease = $2,129,699). This is shown 
in Table 9 below. CBP notes that the SENTRI program is a voluntary 
program, and each renewing or prospective participant must determine if 
the benefits of dedicated CBP processing into the United States will 
equal or exceed the costs of the program. CBP compares these benefits 
and costs below in section ``V. A. 8. Benefits and Breakeven 
Analysis.''

[[Page 22622]]



 Table 9--Decrease in Transfer Payments From Adult SENTRI Applicants to CBP as a Result of This Rule, 2023-2027
                                        [Undiscounted 2022 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
                                                  Approved adult
                                                      SENTRI         Transfers       Transfers      Decrease in
                      Year                          enrollment     based on old    based on new   transfers from
                                                   applications   fee of $122.25    fee of $120     applicants
----------------------------------------------------------------------------------------------------------------
2023............................................         146,064     $17,856,324     $17,527,680        $328,644
2024............................................         165,052      20,177,607      19,806,240         371,367
2025............................................         186,509      22,800,725      22,381,080         419,645
2026............................................         210,755      25,764,799      25,290,600         474,199
2027............................................         238,153      29,114,204      28,578,360         535,844
                                                 ---------------------------------------------------------------
    Total.......................................         946,533     115,713,659     113,583,960       2,129,699
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.

    In addition to decreasing the fee for the SENTRI program, CBP is 
requiring that the entire fee be paid when submitting an application. 
Originally, renewing and prospective SENTRI participants were only 
required to pay a $25 application fee when submitting a SENTRI program 
application and an applicant was not responsible for the remaining fee 
components, including the $14.50 FBI fingerprinting fee and the $82.75 
DCL fee, if they did not receive a conditional approval. Under this 
final rule, a SENTRI applicant who does not receive a conditional 
approval will see a $95 increase in price ([$120 new SENTRI fee-$25 
current SENTRI application fee] = $95). As previously mentioned, this 
new fee does not include any costs related to DCLs because the 
technology deployed, and costs associated with the creation of DCLs, 
are no longer necessary and CBP is eliminating the fee with this rule. 
CBP estimates that over the last four years, an average of 
approximately 7,266 individuals per year did not receive a conditional 
approval when applying for the SENTRI program.\42\ Using this annual 
average over the last four years as a projection of SENTRI applicants 
who will not receive a conditional approval over the period of 
analysis, and assuming that these applicants are adults, CBP estimates 
that SENTRI applicants who do not receive a conditional approval will 
transfer up to an additional $3,451,350 to the U.S. Government pursuant 
to the changes implemented by this rule between 2023 and 2027, or 
$690,270 per year (7,266 SENTRI applicants not receiving a conditional 
approval * $95 = $690,270 * 5 years = $3,451,350). This is shown in 
Table 10 below.\43\
---------------------------------------------------------------------------

    \42\ Data from CBP's Borderstat database provided by subject 
matter experts from CBP's Office of Admissibility and Passenger 
Programs, Trusted Traveler Programs Division, Office of Field 
Operations on March 5, 2021, and February 21, 2023.
    \43\ CBP's original estimate in the NPRM for this rule 
erroneously included the FBI fingerprinting fee of $14.50 in the 
amount paid by SENTRI applicants before conditional approval. 
However, the FBI fingerprinting fee is actually collected after a 
SENTRI applicant has been or not been conditionally approved. 
Therefore, CBP adjusted these estimates since the NPRM and now for 
the final rule these estimates correctly reflect that SENTRI 
applicants who are not conditionally approved will experience their 
fee increase from $25 to $120 under the rule as opposed to the 
original estimate of a fee increase from $39.50 to $120.

 Table 10--Estimated Increase in Transfer Payments From Adult SENTRI Applicants to CBP as a Result of the Rule,
                                                    2023-2027
                                       [Undiscounted 2022 U.S. dollars] *
----------------------------------------------------------------------------------------------------------------
                                                      SENTRI
                                                   applications   Transfer based  Transfer based    Increase in
                      Year                            without      on old fee of   on new fee of  transfers from
                                                    conditional         $25            $120         applicants
                                                     approval
----------------------------------------------------------------------------------------------------------------
2023............................................           7,266        $181,650        $871,920        $690,270
2024............................................           7,266         181,650         871,920         690,270
2025............................................           7,266         181,650         871,920         690,270
2026............................................           7,266         181,650         871,920         690,270
2027............................................           7,266         181,650         871,920         690,270
                                                 ---------------------------------------------------------------
    Total.......................................          36,330         908,250       4,359,600       3,451,350
----------------------------------------------------------------------------------------------------------------
* CBP assumes, for the purposes of this analysis, that the applicants included in this table who do not receive
  conditional approval for their SENTRI applications are adults.
Note: Totals may not sum due to rounding.

    This rule also exempts minors from paying the SENTRI fee when one 
or more parent or legal guardian is a participant of or concurrently 
applies for SENTRI. As shown in Table 3, CBP originally placed a cap on 
the maximum amount a family was required to pay for the application and 
DCL components of the SENTRI program fee. For the purposes of the 
SENTRI program prior to this rule, a family was considered to be one or 
more parents or legal guardians and minors under 18 years of age. Upon 
the effective date of this rule, CBP will exempt minors from the SENTRI 
fee as long as one or more parents or legal guardians are a participant 
of or concurrently applying for SENTRI. CBP's SENTRI database does not 
track which participants have family participants that also participate

[[Page 22623]]

in the program. As such, CBP is unable to determine how many families 
will benefit, or the extent to which they will benefit, from this 
change. However, assuming that in the absence of this rulemaking, 
future SENTRI applicants under 18 years of age will largely be exempt 
from the SENTRI fee because of the existing SENTRI fee exemptions for 
minors, this rule's fee exemption for minors will have no impact on 
transfer payments between minor SENTRI applicants and CBP during the 
period of analysis. CBP presents two examples below in Table 11 to 
illustrate the possible savings that a family may receive under the 
final rule.

                          Table 11--Illustrative Examples of the SENTRI Program Savings
----------------------------------------------------------------------------------------------------------------
                                                                                           Change from original
              Example                     Fee structure                  Cost                  fee structure
----------------------------------------------------------------------------------------------------------------
A single parent or legal guardian    Original..............  $244.50 ([2 individuals *    No change.
 and one 14-year-old minor child                              $25 application fee = $50]
 apply for the SENTRI program.                                + [2 individuals * $82.75
                                                              DCL fee = $165.50] + [2
                                                              individuals * $14.50 FBI
                                                              fingerprinting fee = $29]
                                                              = $244.50).
                                     New...................  $120 ([1 adult * $120        Savings of $124.50
                                                              SENTRI program fee] + [1     ($244.50-$120 =
                                                              minor under 18 years of      $124.50).
                                                              age * $0 SENTRI program
                                                              fee] = $120).
A family of four comprising of two   Original..............  $273.50 ([4 individuals *    No change.
 parents or legal guardians, and                              $25 application fee = $50
 two 14-year-old minor children                               family cap] + [4
 apply for the SENTRI program.                                individuals * $82.75 DCL
                                                              fee = $165.50 family cap]
                                                              + [4 individuals * $14.50
                                                              FBI fingerprinting fee =
                                                              $58] = $273.50).
                                     New...................  $240 ([2 adult * $120        Savings of $28 ($268-
                                                              SENTRI program fee] + [2     $240 = $28).
                                                              minors under 18 years of
                                                              age * $0 SENTRI program
                                                              fee] = $240).
----------------------------------------------------------------------------------------------------------------

b. Global Entry
    Under the final rule, the Global Entry program fee will increase 
from $100 to $120 and minors will be exempt from the Global Entry 
program fee when one or more parents or legal guardians are either a 
participant of or are concurrently applying for Global Entry. CBP 
acknowledges that prior to the fee change, some private credit card 
companies reimbursed the full amount of the $100 application fee to 
Global Entry applicants. Unfortunately, CBP does not have data 
available on the number of Global Entry applicants receiving such 
reimbursement. Therefore, CBP is unable to project the number of 
applicants who may or may not receive fee reimbursements in the future 
as a result of the increased fee from $100 to $120. In any case, 
regardless of whether the applicant is reimbursed by his or her credit 
card company, CBP still receives the payment of the fee. Therefore, CBP 
does not account for instances where a Global Entry applicant is 
reimbursed the fee by a private credit card company, when estimating 
the costs and benefits of this rule. Table 12 below details the 
historical approved adult Global Entry applications from 2015 to 
2022.\44\
---------------------------------------------------------------------------

    \44\ Data from CBP's Borderstat database provided by subject 
matter experts from CBP's Office of Admissibility and Passenger 
Programs, Trusted Traveler Programs Division, Office of Field 
Operations on May 23, 2018, June 22, 2021, and February 21, 2023.

Table 12--Historical Approved Adult Global Entry Applications, 2015-2022
------------------------------------------------------------------------
                                                          Total approved
                                                             adult GE
                          Year                              enrollment
                                                           applications
------------------------------------------------------------------------
2015....................................................         770,875
2016....................................................       1,154,854
2017....................................................       1,397,685
2018....................................................       1,455,383
2019....................................................       1,607,717
2020 *..................................................         802,598
2021....................................................       1,586,181
2022....................................................       2,287,552
                                                         ---------------
  Total.................................................      11,052,845
------------------------------------------------------------------------
* Due to the COVID-19 Pandemic, international travel halted,
  significantly disrupting the Global Entry program.

    The Global Entry program fee increase will cost individuals 18 
years of age or older an additional $20 over a five-year period (an 
additional $4 per year) when they either apply for the Global Entry 
trusted traveler program for the first time or renew their Global Entry 
membership. Considering the above historical data in Table 12 and the 
17 percent CAGR of approved adult Global Entry applications between 
2015 and 2022, CBP estimates that 18,773,592 adults (3,754,718 adults 
per year) will either renew or apply to join the Global Entry program 
over the period of analysis. Using this figure, CBP estimates that the 
fee increase will result in an increased transfer payment from Global 
Entry applicants to the U.S. Government (namely, CBP) of $375,471,840 
from 2023 to 2027 (18,773,592 estimated Global Entry applicants * $20 
fee increase = $375,471,840). In 2023, the fee increase will result in 
an increased transfer payment of $53,528,720. This is shown in Table 13 
below. CBP notes that the Global Entry program is a voluntary program, 
and each renewing or prospective participant must determine if the 
benefits of dedicated CBP processing into the United States will equal 
or exceed the costs of the program. CBP compares these benefits and 
costs below in section ``V. A. 8. Benefits and Breakeven Analysis.''

Table 13--Increase in Transfer Payments From Adult Global Entry Applicants to CBP as a Result of the Rule, 2023-
                                                      2027
                                        [Undiscounted 2022 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
                                        Approved adult                                            Increase in
                Year                     global entry    Transfer based on  Transfer based on    transfers from
                                         applications     old fee of $100    new fee of $120       applicants
----------------------------------------------------------------------------------------------------------------
2023................................          2,676,436       $267,643,600       $321,172,320        $53,528,720

[[Page 22624]]

 
2024................................          3,131,430        313,143,000        375,771,600         62,628,600
2025................................          3,663,773        366,377,300        439,652,760         73,275,460
2026................................          4,286,614        428,661,400        514,393,680         85,732,280
2027................................          5,015,339        501,533,900        601,840,680        100,306,780
Total...............................         18,773,592      1,877,359,200      2,252,831,040        375,471,840
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.

    This rule also exempts minors from the Global Entry fee when one or 
more parents or legal guardians is a participant of or concurrently 
applies for Global Entry. Originally, all Global Entry applicants were 
required to pay the full $100 fee. CBP's Global Entry database does not 
track which participants have family participants that also participate 
in the program. As such, CBP is unable to determine how many families 
will benefit, or the extent to which they will benefit, from the 
change. However, assuming that all minor Global Entry applicants will 
be exempt from the applicant fee based on their one or more parents' or 
legal guardians' concurrent application or membership, this fee change 
will affect up to 1,149,392 minor Global Entry applicants (see Table 5) 
and result in a maximum of $114,939,200 in fee savings to these 
applicants (and their respective families). CBP presents the example 
below in Table 14 to illustrate the possible savings that a family may 
receive under the final rule. Table 15 shows the potential decrease in 
transfer payments from minor Global Entry applicants to CBP as a result 
of this rule under the assumption that all minor Global Entry 
applicants will be exempt from the applicant fee with this rule based 
on their one or more parents' or legal guardians' concurrent Global 
Entry application or membership.

                       Table 14--Illustrative Example of the Global Entry Program Savings
----------------------------------------------------------------------------------------------------------------
                                                                                           Change from original
              Example                     Fee structure                  Cost                  fee structure
----------------------------------------------------------------------------------------------------------------
A single parent or legal guardian    Original..............  $200 ([1 adult * $100        No change.
 and one 14-year-old minor child                              current Global Entry
 apply for the Global Entry program.                          program fee] + [1 minor
                                                              under 18 years of age *
                                                              $100 current Global Entry
                                                              program fee] = $200).
                                     New...................  $120 ([1 adult * $120        Savings of $80 ($200-
                                                              Global Entry program fee]    $120 = $80).
                                                              + [1 minor under 18 years
                                                              of age * $0 Global Entry
                                                              program fee] = $120).
A family of four comprising two      Original..............  $400 ([2 adults * $100       No change.
 parents or legal guardians and two                           current Global Entry
 minor children under 18 years of                             program fee] + [2 minors
 age apply for the Global Entry                               under 18 years of age *
 program.                                                     $100 current Global Entry
                                                              program fee] = $400).
                                     New...................  $240 ([2 adults * $120       Savings of $160 ($400-
                                                              Global Entry program fee]    $240 = $160).
                                                              + [2 minors under 18 years
                                                              of age * $0 Global Entry
                                                              program fee] = $240).
----------------------------------------------------------------------------------------------------------------


 Table 15--Potential Decrease in Transfer Payments From Minor Global Entry Applicants to CBP as a Result of the
                                                 Rule, 2023-2027
                                        [Undiscounted 2022 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
                                                                                                   Potential
                                         Minor global    Transfer based on  Transfer based on     decrease in
                Year                   entry applicants   old fee of $100     new fee of $0      transfers from
                                                                                                   applicants
----------------------------------------------------------------------------------------------------------------
2023................................            173,884        $17,388,400                 $0        $17,388,400
2024................................            198,228         19,822,800                  0         19,822,800
2025................................            225,980         22,598,000                  0         22,598,000
2026................................            257,617         25,761,700                  0         25,761,700
2027................................            293,683         29,368,300                  0         29,368,300
                                     ---------------------------------------------------------------------------
    Total...........................          1,149,392        114,939,200                  0        114,939,200
----------------------------------------------------------------------------------------------------------------
Note: Totals may not sum due to rounding.


[[Page 22625]]

5. Total Monetized Decrease in Transfer Payments to U.S. Government
    Table 16 summarizes the total monetized decrease in transfer 
payments from the Global Entry and SENTRI applicants to CBP as a result 
of this final rule (see Table 9 and Table 15). Altogether, this rule 
could result in a total discounted decrease in monetized transfer 
payments from Global Entry and SENTRI applicants to the U.S. Government 
from 2023 to 2027 ranging from $94.3 million to $106.4 million in 
present value and $23.0 million to $23.2 million on an annualized 
basis, depending on the discount rate used.

    Table 16--Total Potential Monetized Present Value and Annualized
 Decrease in Transfer Payment From Applicants to CBP as a Result of the
                             Rule, 2023-2027
                           [2022 U.S. dollars]
------------------------------------------------------------------------
                                     3% Discount rate   7% Discount rate
------------------------------------------------------------------------
Present Value Decrease in Transfer       $106,406,193        $94,322,091
 Payment..........................
Annualized Decrease in Transfer            23,234,279         23,004,280
 Payment..........................
------------------------------------------------------------------------
Note: The estimates in this table are contingent upon CBP's projections
  as well as the discount rates applied.

6. Total Monetized Increase in Transfer Payments to U.S. Government
    Table 17 summarizes the total monetized increase in transfer 
payments from the Global Entry and SENTRI applicants to CBP as a result 
of this final rule. Altogether, this rule could result in a total 
discounted increase in monetized transfer payments from Global Entry 
and SENTRI applicants to the U.S. Government from 2023 to 2027 (see 
Table 10 and Table 13) ranging from $304.3 million to $343.9 million in 
present value and $74.2 million to $75.1 million on an annualized 
basis, depending on the discount rate used.

    Table 17--Total Potential Monetized Present Value and Annualized
 Increase in Transfer Payments From Applicants to CBP as a Result of the
                             Rule, 2023-2027
                           [2022 U.S. dollars]
------------------------------------------------------------------------
                                     3% Discount rate   7% Discount rate
------------------------------------------------------------------------
Present Value Increase in Transfer       $343,919,284       $304,296,025
 Payments.........................
Annualized Increase in Transfer            75,096,348         74,214,969
 Payments.........................
------------------------------------------------------------------------
Note: The estimates in this table are contingent upon CBP's projections
  as well as the discount rates applied.

7. Net Transfer Payments to U.S. Government
    Table 18 illustrates the potential monetized net transfer payments 
of this rule from Global Entry and SENTRI applicants to the U.S. 
Government (namely, CBP). As shown, the total monetized present value 
net transfer payment of this rule from applicants to the U.S. 
Government over the five-year period of analysis from 2023 to 2027 
could range from approximately $210.0 million to $237.5 million. The 
annualized net transfer payment could measure between $51.2 million and 
$51.9 million over the period of analysis.

    Table 18--Total Potential Monetized Present Value and Annualized Net Transfer Payments of Rule, 2023-2027
                                               [2022 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
                                                3% Discount rate                      7% Discount rate
                                     ---------------------------------------------------------------------------
                                        Present value        Annualized       Present value        Annualized
----------------------------------------------------------------------------------------------------------------
Total Decrease in Transfer Payments        $106,406,193        $23,234,279        $94,322,091        $23,004,280
 from Applicants to CBP.............
Total Increase in Transfer Payments         343,919,284         75,096,348        304,296,025         74,214,969
 from Applicants to CBP.............
Total Net Transfer Payments from            237,513,091         51,862,069        209,973,935         51,210,689
 Applicants to CBP..................
----------------------------------------------------------------------------------------------------------------
Note: The estimates in this table are contingent upon CBP's projections as well as the discount rates applied.

8. Benefits and Breakeven Analysis
    CBP is exempting minors from paying the trusted traveler program 
fee when one or more parents or legal guardians is a participant of or 
concurrently applying for membership in the same program to which the 
minor is applying. Originally, minors applying for the Global Entry 
program were required to pay the full $100 program fee. Minors applying 
for the SENTRI program, however, could be exempt from certain SENTRI 
fee components (see Table 3). In addition, to lessen the financial 
burden for families applying to the SENTRI trusted traveler program, 
CBP originally placed a cap on the maximum amount that a family was 
required to pay for the application and DCL components of the SENTRI 
program fee. The maximum caps were $50 and $165.50, respectively. For 
the purposes of the SENTRI program prior to this rule, CBP considered a 
family to be one or more parents or legal guardians, and minors under 
18 years of age.
    The fee exemption for certain minors pursuant to this rule is a 
reduction in a transfer payment. As such, this change is not considered 
a benefit of this rule to society. CBP does recognize, however, that 
the fee changes may have a positive distributional impact on

[[Page 22626]]

individuals and families applying or renewing their memberships in 
either the Global Entry or SENTRI trusted traveler program. In order to 
inform stakeholders of all potential effects of the final rule, CBP has 
analyzed the distributional effects of the final rule in section 
``V.A.4. Distributional Impacts.''
    With this rule, CBP is codifying Global Entry benefits that have 
previously been implemented. These benefits allow the use of Global 
Entry in U.S. territories and preclearance facilities. These changes, 
however, will not confer additional benefits to trusted traveler 
program participants because they are currently operational. As such, 
these changes are not analyzed in this analysis.
    Lastly, CBP is harmonizing the membership fee of $120 for the 
Global Entry, SENTRI, and NEXUS trusted traveler programs.\45\ Although 
the trusted traveler programs all offer nearly reciprocal benefits with 
each other, the original Global Entry, SENTRI, and NEXUS fees were 
$100, $122.25, and $50, respectively. In addition to leading to 
potential confusion and charging of different prices for nearly the 
same product for prospective and renewing trusted traveler program 
participants, these different fees are no longer sufficient to recover 
CBP's costs to administer the programs. While not easily quantifiable, 
the fee harmonization will allow individuals to choose the trusted 
traveler program that meets their travel needs best rather than 
choosing a program based on the cost. Additionally, the harmonized fee 
will ensure that a reasonable portion of the CBP costs is recovered and 
that costs are more equitably distributed among all the trusted 
traveler program participants now that each program has nearly 
reciprocal benefits with the other programs.
---------------------------------------------------------------------------

    \45\ As discussed above, CBP will be issuing a separate Federal 
Register notice to change the NEXUS fee to $120.
---------------------------------------------------------------------------

    The U.S. GAO conducted a review of the Global Entry, SENTRI, and 
NEXUS trusted traveler programs.\46\ During this review, GAO observed 
14 land border crossings that utilized SENTRI lanes. Of these 14 
crossings, GAO observed 11 crossings where vehicles experienced a time 
savings of at least 15 minutes (0.25 hours) when crossing the U.S.-
Mexico border compared to vehicles in traditional lanes. Considering 
these observed time savings and the assumed $20.40 hourly time value 
for SENTRI applicants, CBP estimates that a SENTRI participant saves 
approximately $5.10 per crossing ($20.40 estimated hourly time value * 
0.25 hours of time savings = $5.10). Based on these time cost savings 
per crossing, CBP estimates that a SENTRI participant 18 years of age 
or older must make five crossings per year for the benefits of the 
SENTRI program to equal the cost of membership over the five-year 
period of analysis ($120 SENTRI fee / 5 years of membership = $24 
membership cost per year; $24 membership cost per year / $5.10 
estimated savings per crossing = 5 crossings per year (rounded 
up)).\47\ This compares to the five crossings currently required under 
the baseline ($122.25 current SENTRI fee / 5 years of membership = 
$24.45 membership cost per year; $24.45 membership cost per year / 
$5.10 estimated savings per arrival = 5 crossings per year (rounded 
up)).
---------------------------------------------------------------------------

    \46\ Trusted Travelers: Programs Provide Benefits, but 
Enrollment Processes Could Be Strengthened; available at: https://www.gao.gov/products/GAO-14-483.
    \47\ This document does not change the current application and 
the interview process. Accordingly, these estimates do not account 
for the opportunity cost associated with applying and interviewing 
for the SENTRI trusted traveler program.
---------------------------------------------------------------------------

    The GAO found that the average time savings for travelers using 
Global Entry kiosks is 10 minutes (0.1667 hours) to 27 minutes (0.45 
hours). As referenced above, using DOT's guidance, CBP estimates a 
Global Entry applicant's hourly time value to be $47.10 per hour. Using 
this estimate and the minimum Global Entry time savings identified by 
GAO, CBP estimates that Global Entry participants save at least $7.85 
per arrival ($47.10 estimated hourly time value * 0.1667 hours of 
minimum time savings = $7.85). Based on these minimum time cost savings 
per arrival, CBP estimates that a Global Entry participant 18 years of 
age or older must make four arrivals per year for the benefits of the 
Global Entry program to equal the cost of membership ($120 Global Entry 
fee / 5 years of membership = $24 membership cost per year; $24 
membership cost per year / $7.85 estimated savings per arrival = 4 
arrivals per year (rounded up)).\48\ This compares to the three 
arrivals currently required under the baseline ($100 current Global 
Entry fee / 5 years of membership = $20 membership cost per year; $20 
membership cost per year / $7.85 estimated savings per arrival = 3 
arrivals per year (rounded up)).
---------------------------------------------------------------------------

    \48\ This document does not change the existing application and 
interview process. Accordingly, these estimates do not account for 
the opportunity cost associated with applying and interviewing for 
the Global Entry trusted traveler program.
---------------------------------------------------------------------------

B. Regulatory Flexibility Act

    This section examines the impact of the rule on small entities as 
required by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as 
amended by the Small Business Regulatory Enforcement and Fairness Act 
of 1996 (SBREFA). A small entity may be a small business (defined as 
any independently owned and operated business not dominant in its field 
that qualifies as a small business per the Small Business Act); a small 
not-for-profit organization; or a small governmental jurisdiction 
(locality with fewer than 50,000 people).
    This rule will directly regulate individuals who are primarily not 
considered small entities under the Regulatory Flexibility Act, as 
amended by SBREFA. However, a small number of individuals may obtain 
the rule's trusted traveler benefit as a sole proprietor. When choosing 
to re-enroll in the Global Entry or SENTRI programs once this rule is 
in effect, these sole proprietors must determine if the benefit of 
receiving dedicated CBP processing still meets or exceeds the cost of 
joining one of these programs. If an individual voluntarily chooses to 
join the Global Entry or SENTRI program as a sole proprietor under this 
rule and he/she is approved for membership, he/she will incur a maximum 
cost of $20 per year (based on the new Global Entry enrollment fee 
change from $100 to $120 for adult applicants).\49\ CBP does not 
believe that this cost will result in a significant economic impact. 
For these reasons, CBP certifies that the final rule will not have a 
significant economic impact on a substantial number of small entities.
---------------------------------------------------------------------------

    \49\ Under the final rule, a SENTRI applicant who does not 
receive a conditional approval will see an $80.50 increase in price 
compared to the baseline.
---------------------------------------------------------------------------

C. Unfunded Mandates Reform Act of 1995

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

D. Executive Order 13132

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

[[Page 22627]]

warrant the preparation of a federalism summary impact statement.

E. Paperwork Reduction Act

    An agency may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a valid 
control number assigned by OMB. The collections of information for the 
Global Entry and SENTRI applications are approved by OMB in accordance 
with the Paperwork Reduction Act (44 U.S.C. 3507) under control number 
1651-0121.\50\ The changes contained in these regulations under 8 CFR 
part 235 revise the collection of information by requiring electronic 
submission of the SENTRI application and eliminating paper Form 823S. 
Additionally, this regulation will require a minor applying for 
membership in either the Global Entry or SENTRI trusted traveler 
program whose one or more parents or legal guardians are already a 
participant of the same program to submit his or her parents' or legal 
guardians' names and trusted traveler numbers.
---------------------------------------------------------------------------

    \50\ The changes to the NEXUS program are exempt from the PRA 
requirements pursuant to 8 U.S.C. 1753(c).
---------------------------------------------------------------------------

    OMB-approved collection 1651-0121 will be amended to reflect Global 
Entry and SENTRI information collections for minor applicants. CBP 
estimates that this rule will result in an additional two-minute time 
burden on minors applying for membership in either the Global Entry or 
SENTRI trusted traveler program whose one or more parents or legal 
guardians is already a participant of the same program to submit his or 
her parents' or legal guardians' names and trusted traveler numbers. 
CBP estimates that this will affect 3,051 minor Global Entry applicants 
and 772 minor SENTRI applicants annually and result in an additional 
127 burden hours.
    This new information collection requirement will result in the 
following revision of additional burden hours to the SENTRI information 
collection:
    Estimated number of respondents annually: 772.
    Estimated average annual burden per respondent: 0.033 hours.
    Estimated total annual reporting burden: 26 hours.
    The addition of these burden hours will revise the total burden 
associated with the SENTRI application to 111,947.
    These new requirements result in the following revision of 
additional burden hours for the Global Entry information collection:
    Estimated number of respondents annually: 3,051.
    Estimated average annual burden per respondent: 0.033 hours.
    Estimated total annual reporting burden: 102 hours.
    The addition of these burden hours will revise the total burden 
associated with the Global Entry application to 1,626,823.
    This rule changes the SENTRI fee from $122.25 to $120 for adults 
and certain minors and reduces the fee for minors from the fee 
currently applicable under the family option plan to zero when one or 
more parents or legal guardians is a participant in or concurrently 
applying for SENTRI. CBP is also requiring that the entire fee be paid 
when submitting an application. Originally, renewing, and prospective 
SENTRI participants were only required to pay a $25 application fee 
when submitting a SENTRI program application and an applicant was not 
responsible for the remaining fee components, including the $14.50 FBI 
fingerprinting fee and the $82.75 DCL fee, if they did not receive a 
conditional approval. Under this final rule, a SENTRI applicant who 
does not receive a conditional approval will see an $95 increase in 
price ([$120 new SENTRI fee - $25 old SENTRI application fee] = $95). 
The total annual estimated cost associated with the SENTRI fee that is 
currently approved by OMB under control number 1651-0121 is 
approximately $15,600,000. Pursuant to this rule, the total annual 
estimated costs associated with the SENTRI fee could be $15,511,200, 
which reflects a decrease of $88,800.\51\
---------------------------------------------------------------------------

    \51\ As stated in footnote 43, CBP's original estimate in the 
NPRM for this rule erroneously included the FBI fingerprinting fee 
of $14.50 in the amount paid by SENTRI applicants before conditional 
approval. However, the FBI fingerprinting fee is actually collected 
after a SENTRI applicant has been or not been conditionally 
approved. Therefore, CBP adjusted these estimates since the NPRM and 
now for the final rule these estimates correctly reflect that SENTRI 
applicants who are not conditionally approved will experience their 
fee increase from $25 to $120 under the rule as opposed to the 
original estimate of a fee increase from $39.50 to $120. CBP's 
trusted traveler databases do not track which participants have 
family members that also participate in the program and will be 
exempt from the fee due to family membership fee caps. As such, this 
may not reflect the actual costs of the SENTRI fee to respondents.
---------------------------------------------------------------------------

    This final rule also changes the Global Entry fee from $100 to $120 
for adults and certain minors (8 CFR 235.12 and 8 CFR 103.7) and 
reduces the fee for certain minors from $100 to zero when one or more 
parents or legal guardians is a participant of or concurrently applying 
for Global Entry (8 CFR 235.12 and 8 CFR 103.7). The total annual 
estimated cost associated with Global Entry that is currently approved 
by OMB under control number 1651-0121 is approximately $252,700,000. 
Pursuant to this rule, the total annual estimated costs associated with 
the Global Entry fee could be $292,809,840, which reflects an increase 
of $40,109,840.\52\
---------------------------------------------------------------------------

    \52\ CBP's trusted traveler databases do not track which 
participants have family members that also participate in the 
program and will be exempt from the fee due to family membership fee 
exemptions. As such, this may not reflect the actual costs of the 
Global Entry fee to respondents.
---------------------------------------------------------------------------

F. Privacy

    CBP generally requires travelers to apply for membership in a CBP 
trusted traveler program, such as Global Entry and NEXUS, through the 
TTP System website (https://ttp.cbp.dhs.gov/). CBP uses the cloud-based 
Trusted Traveler Program (TTP) Systems for online application to CBP 
programs; and uses the General Services Administration (GSA) Login.gov 
portal for identity authentication. CBP maintains trusted traveler 
information in the Global Enrollment System (GES), Trusted Traveler 
Program (TTP) Systems, and DHS Automated Biometric Identification 
System (IDENT). The personally identifiable information provided by the 
applicants, including the fingerprint biometrics taken at the time of 
the personal interview, may be shared with other government and law 
enforcement agencies as well as foreign governments in accordance with 
applicable laws and regulations, including as described in the Privacy 
Act system of records notice (SORN) for Trusted and Registered Traveler 
programs (Department of Homeland Security/U.S. Customs and Border 
Protection--002 Trusted and Registered Traveler System of Records, 85 
FR 14214 (March 11, 2020), available at https://www.federalregister.gov/documents/2020/03/11/2020-04982/privacy-act-of-1974-system-of-records and https://www.dhs.gov/system-records-notices-sorns. (This SORN previously referred to GES instead of Trusted and 
Registered Traveler systems and still covers what is elsewhere referred 
to as GES.) CBP provides additional information about GES and its CBP 
trusted traveler programs in its Privacy Impact Assessment (PIA) for 
GES, DHS/CBP/PIA--002 Global Enrollment System, and subsequent updates, 
available at https://www.dhs.gov/publication/global-enrollment-system-ges. Applicants' biometric information (fingerprints, photographs) 
submitted as part of a TTP application are stored in the DHS biometric 
repository, DHS Automated Biometric Identification System (IDENT). DHS 
has provided information about IDENT in the Privacy Impact Assessment 
for the Automated

[[Page 22628]]

Biometric Identification System (IDENT), DHS/NPPD/PIA--002 (Dec. 7, 
2012), and Appendices, available at https://www.dhs.gov/publication/dhsnppdpia-002-automated-biometric-identification-system.

List of Subjects

8 CFR Part 103

    Administrative practice and procedure, Authority delegations 
(Government agencies), Fees, Freedom of information, Immigration, 
Privacy, Reporting and recordkeeping requirements, Surety bonds.

8 CFR Part 235

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

Amendments to the Regulations

    For the reasons set forth in the preamble, CBP is amending 8 CFR 
parts 103 and 235 as set forth below.

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

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

    Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. 1101, 1103, 1304, 
1356, 1365b, 1372; 31 U.S.C. 9701; 48 U.S.C. 1806; Public Law 107-
296, 116 Stat. 2135 (6 U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 
15557, 3 CFR, 1982 Comp., p. 166; 8 CFR part 2, Pub. L. 112-54, 125 
Stat 550; 31 CFR part 223.

0
2. Amend Sec.  103.7 as follows:
0
a. Remove and reserve paragraph (d)(1);
0
b. Add paragraph (d)(7)(vii);
0
c. Revise paragraph (d)(13);
0
d. Add paragraph (d)(16).
    The additions and revision read as follows:


Sec.  103.7  Fees.

* * * * *
    (d) * * *
    (7) * * *
    (vii) For the SENTRI program, see paragraph (d)(16) of this 
section.
* * * * *
    (13) Global Entry. For filing an application for Global Entry--
$120. Minors under the age of 18 who apply to the Global Entry program 
concurrently with a parent or legal guardian, or whose parent or legal 
guardian is already a participant of Global Entry, are exempt from 
payment of the application fee.
* * * * *
    (16) SENTRI program. For filing an application for the SENTRI 
program--$120. Minors under the age of 18 who apply to the SENTRI 
program concurrently with a parent or legal guardian, or whose parent 
or legal guardian is already a participant of SENTRI, are exempt from 
payment of the application fee. Registration of one vehicle for use in 
the SENTRI lanes is included in the $120 application fee and may be 
done during the initial application or renewal process If an applicant 
or participant wishes to register more than one vehicle for use in the 
SENTRI lanes, or the participant registers any vehicle after the 
initial application or renewal process, that applicant or participant 
will be assessed an additional fee of $42 for each vehicle.

PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

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

    Authority: 6 U.S.C. 218 and note; 8 U.S.C. 1101 and note, 1103, 
1158, 1182, 1183, 1185 (pursuant to E.O. 13323, 69 FR 241, 3 CFR, 
2004 Comp., p.278), 1185 note, 1201, 1224, 1225, 1226, 1228, 1365a 
note, 1365b, 1379, 1731-32; 48 U.S.C 1806 and note; Pub. L. 115-218.


0
4. In Sec.  235.7, revise the section heading and redesignate 
paragraphs (a)(1)(ii) through (iv) as paragraphs (a)(1)(iii) through 
(v) and add new paragraph (a)(1)(ii).
    The revision and addition read as follows:


Sec.  235.7  Automated inspection services (PORTPASS).

    (a) * * *
    (1) * * *
    (i) * * *
    (ii) SENTRI program. Although the SENTRI program is a PORTPASS 
program, all the parameters of the SENTRI program, including the 
eligibility requirements, application procedures, redress procedures, 
registration of vehicles, use of dedicated commuter lanes, and fee 
requirements are specified in Sec.  235.14. For purposes of the SENTRI 
program, Sec.  235.14 supersedes the provisions of this section.
* * * * *

0
5. Amend Sec.  235.12 as follows:
0
a. Revise paragraphs (a), (c), (d)(2) and (3), (e)(1), (g), (h), the 
paragraph (j) heading, and paragraphs (j)(2) introductory text, (j)(4), 
and (k); and
0
b. Remove paragraph (l).
    The revisions read as follows:


Sec.  235.12  Global Entry program.

    (a) Program description. The Global Entry program is a voluntary 
international trusted traveler program consisting of an integrated 
passenger processing system that facilitates the movement of pre-
approved, low-risk, air travelers by providing dedicated CBP processing 
at specified airports. In order to participate, a person must meet the 
eligibility requirements specified in this section, apply in advance, 
undergo vetting by CBP, and be accepted into the program. The Global 
Entry program allows participants dedicated CBP processing at selected 
airports identified by CBP at www.cbp.gov. Participants in the Global 
Entry program may also take advantage of certain benefits of the Secure 
Electronic Network for Travelers Rapid Inspection (SENTRI) and NEXUS 
programs. Please see https://www.cbp.gov for additional information. 
Participants will be processed through the use of CBP-approved 
technology that will include the use of biometrics to validate identity 
and to perform enforcement queries.
* * * * *
    (c) Participating airports. The Global Entry program allows 
participants dedicated CBP processing at the locations identified at 
www.cbp.gov. Expansions of the Global Entry program to new airports 
will be announced by publication in the Federal Register and at 
www.cbp.gov.
    (d) * * *
    (2) Except for certain minors, all applicants must pay the non-
refundable fee in the amount set forth at 8 CFR 103.7(d)(13) for 
``Global Entry.'' Minors under the age of 18 who apply to the Global 
Entry program concurrently with a parent or legal guardian, or whose 
parent or legal guardian is already a participant of Global Entry, are 
exempt from payment of the applicable fee. The fee is to be paid to CBP 
at the time of application through the online TTP System, which can be 
found through www.cbp.gov, or other CBP-approved process.
    (3) Every applicant accepted into Global Entry is accepted for a 
period of 5 years provided participation is not terminated by CBP prior 
to the end of the 5-year period. Each applicant may apply to renew 
participation up to one year prior to the close of the participation 
period.
* * * * *
    (e) * * *
    (1) After submitting the application, conditionally approved 
applicants will be notified by CBP that they need to undergo a personal 
interview.
* * * * *
    (g) Arrival procedures. In order to utilize the Global Entry 
program, each participant must:
    (1) Proceed to Global Entry Processing and follow all CBP 
instructions; and

[[Page 22629]]

    (2) Proceed to the nearest open primary inspection station if CBP 
determines it is appropriate.
    (h) Application for entry, examination, and inspection. Each 
successful use of Global Entry constitutes a separate and completed 
inspection and application for entry by the participant on the date 
that Global Entry is used. Global Entry participants may be subject to 
further CBP examination and inspection at any time during the arrival 
process.
* * * * *
    (j) Denial and removal. * * *
    (2) A Global Entry participant may be removed from the program for 
any of the following reasons:
* * * * *
    (4) An applicant or participant denied or removed will not receive 
a refund, in whole or in part, of his or her application processing 
fee.
    (k) Redress. An individual whose application is denied or who is 
removed from the program has two possible methods of redress. These 
processes do not create or confer any legal right, privilege or benefit 
on the applicant or participant, and are wholly discretionary on the 
part of CBP. The methods of redress are:
    (1) DHS Traveler Redress Inquiry Program (DHS TRIP). The applicant/
participant may choose to initiate the redress process through DHS 
Traveler Redress Program (DHS TRIP). An applicant/participant seeking 
redress may obtain the necessary forms and information to initiate the 
process on the DHS TRIP website, or by contacting DHS TRIP by mail at 
the address on the DHS TRIP website.
    (2) Ombudsman. Applicants (including applicants who were not 
scheduled for an interview at an enrollment center) and participants 
may contest a denial or removal by submitting a reconsideration request 
to the CBP Trusted Traveler Ombudsman through the online TTP System or 
other CBP-approved process.

0
6. Add Sec.  235.14 to read as follows:


Sec.  235.14  SENTRI program.

    (a) Program description. The Secure Electronic Network for 
Travelers Rapid Inspection (SENTRI) trusted traveler program is a 
voluntary program that allows certain pre-approved, low-risk travelers 
dedicated processing at specified land border ports along the U.S.-
Mexico border. In order to participate, a person must meet the 
eligibility requirements specified in this section, apply in advance, 
undergo vetting by CBP, and be accepted into the program. A SENTRI 
participant will be issued a Radio Frequency Identification (RFID) card 
or other CBP-approved document that grants the individual access to 
specific, dedicated primary lanes (SENTRI lanes). These lanes are 
identified at https://www.cbp.gov. A SENTRI participant may utilize a 
vehicle in the dedicated SENTRI lanes into the United States from 
Mexico only if the vehicle is approved by CBP for such purpose. 
Participants in the SENTRI program may also be able to take advantage 
of certain benefits of the Global Entry and NEXUS programs. Please see 
https://www.cbp.gov for additional information.
    (b) Program eligibility criteria--(1) Eligible individuals. Any 
individual may apply to participate in the SENTRI program absent any of 
the disqualifying factors described in paragraph (b)(2) of this 
section. Persons under the age of 18 must have the consent of a parent 
or legal guardian to participate in the SENTRI program and provide 
proof of such consent in accordance with CBP instructions.
    (2) Disqualifying factors. An individual is ineligible to 
participate in the SENTRI program if CBP, at its sole discretion, 
determines that the individual presents a potential risk for terrorism, 
criminality (such as smuggling), or CBP is unable to establish that the 
applicant can be considered low-risk. This risk determination will be 
based in part upon an applicant's ability to demonstrate past 
compliance with laws, regulations, and policies. Reasons why an 
applicant may not qualify for participation include:
    (i) The applicant provides false or incomplete information on his 
or her application;
    (ii) The applicant has been arrested for, or convicted of, any 
criminal offense or has pending criminal charges or outstanding 
warrants in any country;
    (iii) The applicant has been found in violation of any customs, 
immigration, or agriculture regulations, procedures, or laws in any 
country;
    (iv) The applicant is the subject of an investigation by any 
Federal, State or local law enforcement agency in any country;
    (v) The applicant is inadmissible to the United States under 
applicable immigration laws or has, at any time, been granted a waiver 
of inadmissibility or parole;
    (vi) The applicant is known or suspected of being or having been 
engaged in conduct constituting, in preparation for, in aid of, or 
related to terrorism; or
    (vii) The applicant cannot satisfy CBP of his or her low-risk 
status or meet other program requirements.
    (c) Program application. (1) Each applicant must complete and 
submit the program application electronically through an approved 
application process as determined by CBP. The application and 
application instructions for the SENTRI program are available at 
www.cbp.gov.
    (2) During the application process, an applicant must provide 
information on any vehicle that will utilize the SENTRI lanes. The 
vehicle must be approved by CBP to utilize the dedicated SENTRI lanes. 
Registration of one vehicle for use in the SENTRI lanes is included in 
the application fee provided the vehicle is registered at the time of 
initial application or at renewal. If any vehicle is registered after 
the initial application or renewal is filed, or if an applicant or 
participant wishes to register more than one vehicle for use in the 
SENTRI lanes, they will be assessed an additional fee in the amount set 
forth at 8 CFR 103.7(d)(16). The fee is to be paid to CBP at the time 
the vehicle is registered through the online TTP System, which can be 
found at www.cbp.gov, or other CBP-approved process.
    (3) Except for certain minors, all other applicants must pay the 
non-refundable fee in the amount set forth at 8 CFR 103.7(d)(16) for 
the ``SENTRI program''. Minors under the age of 18 who apply 
concurrently with a parent or legal guardian, or whose parent or legal 
guardian is already a participant of SENTRI, are exempt from payment of 
the applicable fee. The fee is to be paid to CBP at the time of 
application through the TTP System or other CBP-approved process.
    (4) Every applicant accepted into the SENTRI program is accepted 
for a period of 5 years provided participation is not terminated by CBP 
prior to the end of the 5-year period. Each applicant may apply to 
renew participation up to one year prior to the close of the 
participation period.
    (5) Each applicant may check the status of his or her application 
through his or her account with the application system in use for the 
SENTRI program.
    (d) Interview and enrollment. (1) After submitting the application, 
conditionally approved applicants will be notified by CBP to schedule a 
personal interview.
    (2) Each applicant must provide CBP the original of the 
identification document specified in his or her application. During the 
interview, CBP will collect biometric information from the applicant 
(e.g., a set of fingerprints and/or digital photograph) to conduct

[[Page 22630]]

background checks or as otherwise required for participation in the 
program.
    (3) CBP may provide for alternative enrollment procedures, as 
necessary, to facilitate enrollment and ensure an applicant's 
eligibility for the program.
    (e) SENTRI lanes. A SENTRI participant is issued a Radio Frequency 
Identification (RFID) card or other CBP-approved document. This RFID 
card or other CBP-approved document will grant the participant access 
to specific, dedicated primary lanes into the United States from Mexico 
(SENTRI lanes). These lanes are identified at https://www.cbp.gov. A 
SENTRI participant may utilize a vehicle in the dedicated SENTRI lanes 
into the United States from Mexico only if the vehicle is approved by 
CBP for such purpose.
    (f) Denial and removal. (1) If an applicant is denied participation 
in the SENTRI program, or an applicant's or participant's vehicle is 
not approved for use in the SENTRI lanes, CBP will notify the applicant 
of the denial, and the reasons for the denial. CBP will also provide 
instructions regarding how to proceed if the applicant wishes to seek 
additional information as to the reason for the denial.
    (2) A SENTRI participant may be removed from the program for any of 
the following reasons:
    (i) CBP, at its sole discretion, determines that the participant 
has engaged in any disqualifying activities as outlined in paragraph 
(b)(2) of this section;
    (ii) CBP, at its sole discretion, determines that the participant 
provided false information in the application and/or during the 
application process;
    (iii) CBP, at its sole discretion, determines that the participant 
failed to follow the terms, conditions and requirements of the program;
    (iv) CBP determines that the participant has been arrested or 
convicted of a crime or otherwise determines, at its sole discretion, 
that the participant no longer meets the program eligibility criteria; 
or
    (v) CBP, at its sole discretion, determines that such action is 
otherwise necessary.
    (3) CBP will notify the participant of their removal from the 
program in writing. Such removal is effective immediately.
    (4) An applicant or participant denied or removed will not receive 
a refund, in whole or in part, of his or her application fee.
    (g) Redress. An individual whose application is denied or who is 
removed from the program or whose vehicle is not approved for use in 
the program has two possible methods for redress. These processes do 
not create or confer any legal right, privilege, or benefit on the 
applicant or participant, and are wholly discretionary on the part of 
CBP. The methods of redress are:
    (1) DHS Traveler Redress Inquiry Program (DHS TRIP). The applicant/
participant may choose to initiate the redress process through DHS 
TRIP. An applicant/participant seeking redress may obtain the necessary 
forms and information to initiate the process on the DHS TRIP website, 
or by contacting DHS TRIP by mail at the address on this website.
    (2) Ombudsman. Applicants and participants may contest a denial or 
removal from the program by submitting a reconsideration request to the 
CBP Trusted Traveler Ombudsman through the TTP System or other CBP-
approved process.

Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2024-06851 Filed 4-1-24; 8:45 am]
BILLING CODE 9111-14-P

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