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Harmonization of the Fees and Application

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Harmonization of the Fees and Application 55597 Proposed Rules Federal Register Vol. 85, No. 175 Wednesday, September 9, 2020 This section of the FEDERAL REGISTER DATES: Comments must be received on 1. Proposal To Change the Fee Payment contains notices to the public of the proposed or before November 9, 2020. Schedule for the SENTRI Program 2. Proposal To Mandate Electronic issuance of rules and regulations. The ADDRESSES: Comments may be Submission of the SENTRI Program purpose of these notices is to give interested submitted, identified by docket number persons an opportunity to participate in the Application and Payment of Fees rule making prior to the adoption of the final USCBP–2020–0035, by the following D. Additional Proposed Changes to the rules. method: Global Entry Program D Federal eRulemaking Portal: http:// 1. 8 CFR 235.12(g) www.regulations.gov. Follow the 2. 8 CFR 235.12(h) DEPARTMENT OF HOMELAND instructions for submitting comments. 3. Other Amendments to 8 CFR 235.12 SECURITY Due to COVID–19-related restrictions, E. Proposed Conforming Amendment to 8 CBP has temporarily suspended its CFR 103.7 8 CFR Parts 103 and 235 ability to receive public comments by V. Statutory and Regulatory Requirements mail. A. Executive Order 13563, Executive Order 12866 and Executive Order 13771 [Docket No. USCBP–2020–0035] Instructions: All submissions received 1. Purpose of the Rule must include the agency name and 2. Background RIN 1651–AB94 docket title for this rulemaking, and 3. Costs must reference docket number USCBP– 4. Benefits Harmonization of the Fees and 2020–0035. All comments received will 5. Distributional Impacts Application Procedures for the Global be posted without change to http:// 6. Total Monetized Decrease in Transfer Entry and SENTRI Programs and Other www.regulations.gov, including any Payments to U.S. Government Changes personal information provided. For 7. Total Monetized Increase in Transfer detailed instructions on submitting Payments to U.S. Government AGENCY: U.S. Customs and Border 8. Net Transfer Payments to U.S. Protection, Department of Homeland comments and additional information Government Security. on the rulemaking process, see the 9. Breakeven Analysis ‘‘Public Participation’’ heading of the ACTION: Notice of proposed rulemaking. B. Regulatory Flexibility Act SUPPLEMENTARY INFORMATION section of C. Unfunded Mandates Reform Act of 1995 SUMMARY: U.S. Customs and Border this document. D. Executive Order 13132 Protection (CBP) operates several Docket: For access to the docket to E. Paperwork Reduction Act trusted traveler programs at land, sea read background documents or F. Privacy comments received, go to: https:// VI. List of Subjects and air ports of entry into the United VII. Proposed Amendments to Regulations States that allow certain pre-approved www.regulations.gov. Due to relevant travelers dedicated processing into the COVID–19-related restrictions, CBP has I. Public Participation temporarily suspended its on-site public United States, including the Secure Interested persons are invited to inspection of submitted comments. Electronic Network for Travelers Rapid participate in this rulemaking by Inspection (SENTRI) program, the FOR FURTHER INFORMATION CONTACT: submitting written data, views, or Global Entry program, and the NEXUS Rafael E. Henry, Branch Chief, Office of arguments on all aspects on the program. CBP seeks to harmonize the Field Operations, (202) 344–3251, proposed rule. CBP also invites fees and application procedures for [email protected]. comments that relate to the economic or these three programs. In this document, SUPPLEMENTARY INFORMATION: federalism effects that might result from CBP proposes to change the Global Table of Contents this proposed rule. Comments that will Entry and SENTRI application fees to a provide the most assistance to CBP in uniform amount, provide a uniform I. Public Participation developing the procedures related to the standard regarding the payment of the II. Executive Summary III. Background subject matter of this rulemaking will Global Entry and SENTRI application A. Global Entry Program—Current reference a specific portion of the fees for minors, change the fee payment Requirements proposed rule, explain the reason for schedule and certain aspects of the B. SENTRI Program—Current any recommended change, and include application process for the SENTRI Requirements data, information, or authority that program, and incorporate the SENTRI 1. General Requirements support such recommended change. program into the Department of 2. SENTRI Family Option Plans Homeland Security (DHS) regulations. C. NEXUS Program—Current Requirements II. Executive Summary CBP also proposes to make changes to D. Summary of Benefits for the NEXUS, CBP operates several voluntary SENTRI and Global Entry Programs the Global Entry regulations that are IV. Proposed Changes to Global Entry and trusted traveler programs that provide consistent with the program’s expansion SENTRI Programs dedicated processing travel privileges to certain U.S. territories and A. Harmonizing the CBP Trusted Traveler for pre-approved travelers. Three of preclearance facilities. Finally, CBP Programs CBP’s trusted traveler programs are the proposes to eliminate the separate 1. Proposal To Harmonize the Global Entry Global Entry, NEXUS, and Secure dedicated commuter lane systems costs and SENTRI Fees Electronic Network for Travelers Rapid fee (DCL fee) currently applicable only 2. Proposal To Exempt Certain Minors Inspection (SENTRI) programs. The From Payment of the Application Fee to approved SENTRI participants. CBP B. Proposal To Establish a New Regulation Global Entry program allows pre- will be issuing a separate notice in the for the SENTRI Program approved travelers dedicated CBP Federal Register regarding changes to C. Additional Proposed Changes to the processing at designated airports, the NEXUS fee. SENTRI Program currently through the use of automated VerDate Sep<11>2014 16:26 Sep 08, 2020 Jkt 250001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\09SEP1.SGM 09SEP1 55598 Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Proposed Rules kiosks. The NEXUS program is a joint program was developed by the legacy trusted traveler programs are the Global trusted traveler program between the Immigration and Naturalization Service Entry, NEXUS, and SENTRI programs.2 United States and Canada that allows (INS) as part of a series of programs The Global Entry program allows pre- pre-approved travelers dedicated referred to as Port Passenger Accelerated approved travelers dedicated CBP processing by U.S. and Canadian Service System (PORTPASS). The INS processing at designated airports, officials, respectively, at designated established PORTPASS to preserve currently through the use of automated lanes at certain northern border ports of border security while allowing low-risk kiosks. The SENTRI program allows entry, currently at automated kiosks at travelers to move quickly and safely dedicated processing at specified land Canadian preclearance airports and at through the inspection process. With border ports along the U.S.-Mexico NEXUS marine reporting locations. The the transfer of functions from the legacy border for pre-approved travelers. The SENTRI program allows pre-approved INS to DHS, and advances in NEXUS program is a joint trusted travelers dedicated CBP processing at technology, there have been significant traveler program between the United specified land border ports along the changes to the SENTRI application States and Canada, the details of which U.S.-Mexico border. Despite the fact that procedures that are not reflected in the can be found at http://www.cbp.gov/ these three CBP trusted traveler PORTPASS regulation. CBP has also travel/trusted-traveler-programs/nexus. programs have developed many modernized other aspects of the SENTRI When the Global Entry, NEXUS, and commonalities over recent years, the program and established new SENTRI programs were established, Global Entry, SENTRI, and NEXUS procedures and requirements to align each had a separate application process programs have retained their own fees, the SENTRI program with the Global and the information pertaining to fee payment schedules, application Entry and NEXUS programs. As a result, participants of each program were processes, and rules regarding the CBP is proposing to add a new section contained in separate databases. Over payment of the application fee by 235.14 to title 8 of the CFR (8 CFR time, due to advances in technology, minors. CBP is of the view that the 235.14) for the SENTRI program security concerns, and the expansion of different fees and application processes modeled after the Global Entry the programs, CBP created a more are no longer warranted. regulations, 8 CFR 235.12, that would unified application process and a Moreover, the current fees are no incorporate the current parameters, centralized database. Currently, the longer sufficient to recover CBP’s costs requirements and application Global Entry, SENTRI, and NEXUS to administer the programs. CBP has procedures of the SENTRI program. programs use the same application. The performed a fee study entitled ‘‘CBP Additionally, this document proposes application is typically submitted Trusted Traveler Programs Fee Study’’ regulatory changes to the Global Entry electronically through the Trusted and determined that a uniform $120 fee program that are consistent with CBP’s Traveler Program Systems (TTP is appropriate and necessary to recover expansion of
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