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

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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 the program to persons Systems) website, https:// a reasonable portion of costs associated traveling to U.S. territories and being ttp.cbp.dhs.gov, formerly the Global with application processing for these processed at preclearance facilities Online Enrollment System (GOES) three CBP trusted traveler programs.1 In located outside the United States. The website, https://goes-app.cbp.dhs.gov.3 this document, CBP is proposing a $120 current regulation sets forth the arrival CBP uses the same pre-screening application fee for the Global Entry and procedures for persons being processed process to vet an applicant regardless of SENTRI programs. CBP intends to upon arrival in the United States. Due whether he or she is applying to the to the success of the Global Entry publish a separate Federal Register Global Entry, SENTRI, or NEXUS program, CBP is continually expanding notice that addresses the NEXUS program. CBP officers review the Global Entry at preclearance facilities application fee (which will be applicant’s information during the and certain U.S. territories. consistent with the fees proposed here application processing to ensure that the for Global Entry and SENTRI). With Finally, this document proposes to eliminate the regulation specifying the applicant is in compliance with U.S. respect to the application fee paid by customs, immigration and agriculture minors, CBP is proposing in this amount for the dedicated commuter lane systems cost fee (DCL fee). SENTRI laws and regulations, and compare the document that, for the Global Entry and information against various government SENTRI programs, minors under age 18 is the only program for which CBP charges the DCL fee. If the changes criminal, antiterrorism, and other would be exempt from the application databases. If the applicant meets the fee if they applied concurrently with a proposed in this document are implemented, all the relevant fees eligibility criteria of the relevant parent or legal guardian or if their program then the applicant will be parent or legal guardian is already a pertaining to SENTRI would be included in the SENTRI regulations. notified via TTP Systems that he or she member of the same program to which is conditionally approved and can the minor is applying. Otherwise, the III. Background schedule a personal interview with a minor would be required to pay the Members of CBP trusted traveler CBP officer at a CBP enrollment center $120 fee. programs are vetted travelers who have In addition to the changes discussed voluntarily applied for membership, 2 The Free and Secure Trade (FAST) program is above, this document also proposes to paid a fee, and provided personal data another CBP trusted traveler program that allows add a section in Part 235 of title 8 of the pre-approved commercial truck drivers dedicated to CBP. Travelers who are active Code of Federal Regulations (CFR) (8 processing at select commercial ports of entry at the members in a CBP trusted traveler CFR part 235) that specifically covers northern and southern land borders. This program program are considered lower risk than has different vetting standards, is offered to a the SENTRI program. The SENTRI other travelers because CBP conducts different type of traveler, and does not have the same benefits as the Global Entry, SENTRI, and 1 It should be noted that the NEXUS fee is split vetting both when the participant NEXUS programs. TSA Precheck is a DHS trusted between the United States and Canada. As a result, applies to the program and on an on- traveler program administered by the the United States will only receive part of the going basis after the participant becomes Transportation Security Administration (TSA). revenue necessary to recover its costs for the a member. By segregating the processing 3 Alternatively, SENTRI applicants may currently NEXUS program. Please see the fee study entitled submit a paper application, Form 823S, via mail or ‘‘CBP Trusted Traveler Programs Fee Study’’ of previously screened travelers, CBP in person at the enrollment center, and NEXUS included in the docket for this rulemaking (docket can focus its attention and resources on applicants may submit a paper application to the number USCBP–2020–0035), for additional details. higher-risk travelers. Three of these CBP Canada Border Services Agency.

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or (for Global Entry only) at a specified A. Global Entry Program—Current refundable $100 fee. An individual is ‘‘Enrollment on Arrival’’ airport. Requirements ineligible to participate in the Global An applicant is notified via TTP Section 7208(k) of the Intelligence Entry program if CBP, in its sole Systems if the application is denied. An Reform and Terrorism Prevention Act of discretion, determines that the individual presents a potential risk for applicant can contest his or her denial 2004 (IRTPA), 118 Stat. 3638, as terrorism, criminality (such as or removal from a CBP trusted traveler amended by section 565 of the Consolidated Appropriations Act, 2008, smuggling), or CBP is unable to program by initiating the redress establish that the applicant can be process through the DHS Traveler 121 Stat. 1844, codified at 8 U.S.C. 1365b, authorized the Secretary of considered low-risk. Reasons why an Redress Inquiry Program (DHS TRIP), applicant may not qualify for https://www.dhs.gov/dhs-trip, or by Homeland Security to promulgate regulations creating a program to participation include, but are not contacting the Trusted Traveler expedite the processing of pre-approved limited to: Ombudsman via a reconsideration • travelers across the borders of the The applicant provides false or request filed through TTP Systems, United States. CBP first established the incomplete information on the https://ttp.cbp.dhs.gov. If the applicant Global Entry program as a pilot program application; • The applicant has been arrested for, is accepted into the Global Entry, in 2008.5 On February 6, 2012, CBP or convicted of, any criminal offense or SENTRI, or NEXUS program, CBP mails published a final rule in the Federal has pending criminal charges or the applicant his or her Western Register (77 FR 5681) to establish the Hemisphere Travel Initiative (WHTI)- outstanding warrants in any country; Global Entry program as an ongoing • The applicant has been found in approved Radio Frequency voluntary trusted traveler program. A violation of any customs, immigration, Identification (RFID) trusted traveler new section 235.12 of title 8 of the CFR or agriculture regulations, procedures, card.4 (8 CFR 235.12) was added that includes or laws in any country; The Global Entry, SENTRI, and a detailed description of the program, • The applicant is the subject of an NEXUS programs have a five-year the eligibility criteria, the application investigation by any federal, state, or membership period. During this five- process, arrival procedures, the reasons local law enforcement agency in any year membership period, CBP an applicant or participant may be country; denied, removed or suspended from the • The applicant is inadmissible to the continually vets participants to ensure 6 program, and the redress procedures. United States under applicable that the individuals comply with the The Global Entry program allows pre- immigration laws or has, at any time, program requirements. approved travelers dedicated CBP been granted a waiver of inadmissibility Currently, the fees, the fee charged to processing at designated airports, or parole; certain minors, the fee payment currently through the use of automated • The applicant is known or schedule, and the application process kiosks. Eligibility for participation in suspected of being or having been for the Global Entry, SENTRI, and Global Entry is limited to U.S. citizens, engaged in conduct constituting, in NEXUS programs vary. CBP would like U.S. lawful permanent residents, U.S. 7 preparation for, in aid of, or related to to harmonize the fee and application nationals, and certain nonimmigrant terrorism; or procedures for these programs. This aliens from countries that have entered • The applicant cannot satisfy CBP of proposed rule describes in detail the into arrangements with CBP concerning his or her low-risk status or meet other SENTRI and Global Entry programs and international trusted traveler programs. program requirements. the proposed regulatory changes to both When citizens or nationals of a foreign After completion of the application programs to achieve such country become eligible to apply for and submission of the fee, an applicant harmonization. Pursuant to 8 U.S.C. Global Entry, CBP publishes a notice in will be notified if he or she is 1753(c), fee setting for services and the Federal Register announcing the conditionally approved or denied other administrative requirements expansion of Global Entry to that foreign acceptance into the Global Entry relating to joint U.S.-Canadian projects country. To participate in the Global program. If the applicant is denied Entry program, individuals must apply such as the NEXUS program are exempt acceptance into the program, he or she and pay a non-refundable $100 fee via from the requirements of the may choose one of the methods of the TTP Systems website, https:// Administrative Procedure Act and the redress described in 8 CFR 235.12(k). If ttp.cbp.dhs.gov.8 Global Entry Paperwork Reduction Act, but fees and the applicant is conditionally accepted membership is for five years and into the Global Entry program, then he forms established for such projects shall participants may apply for renewal. be published as a notice in the Federal or she will be notified via TTP Systems Renewal of the Global Entry program that he or she needs to appear for a Register. As a result, CBP will be requires the submission of a new issuing a separate Federal Register personal interview. The applicant may application, and payment of the non- either schedule an interview at a CBP notice regarding the changes to the trusted traveler enrollment center or NEXUS fee. 5 See 73 FR 19861 (April 11, 2008). present himself or herself for an 6 CBP no longer uses a suspension procedure. interview upon arrival in the United 4 WHTI implements a statutory mandate to Therefore, this notice of proposed rulemaking require all travelers to present a passport or other proposes to revise section 235.12 to reflect the States at a participating ‘‘Enrollment on document that denotes identity and citizenship current procedures. Arrival’’ airport. The second option is when entering the United States. See Intelligence 7 U.S. nationals include certain individuals who available to an applicant who arrives in Reform and Terrorism Prevention Act of 2004, are not U.S. citizens. See Sections 101 and 308 of the United States on an international Public Law 108–458, 7209, 118. Stat. 3638, 3823, the Immigration and Nationality Act. as amended. The goal of WHTI is to facilitate entry 8 TTP Systems is the replacement system for flight. A list of CBP enrollment centers for U.S. citizens and legitimate foreign visitors GOES, which was previously available at the is available at http://www.cbp.gov/ while strengthening U.S. border security by following website: https://goes-app.cbp.dhs.gov. global-entry/enrollment-centers. A list providing standardized documentation that enables TTP Systems online payments are secured through of ‘‘Enrollment on Arrival’’ airports is CBP to quickly and reliably identify a traveler. the Federal Government’s online payment system WHTI-compliant documents include valid U.S. Pay.gov. Pay.gov is a system by which parties can available at https://www.cbp.gov/travel/ passports, passport cards, trusted traveler program make secure electronic payments to many Federal trusted-traveler-programs/global-entry/ cards, and others. Government agencies. enrollment-arrival.

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Minors under the age of 18 who meet automated air kiosks, NEXUS lanes or process, requirements and benefits the general eligibility criteria and have NEXUS marine reporting locations.13 In closely align with those for the Global the consent of a parent or legal guardian order to obtain dedicated processing Entry and NEXUS trusted traveler are eligible to participate in Global into Canada, an individual must programs. The details of the current Entry. Minors under the age of 18 must separately apply to the NEXUS program, SENTRI program are set forth below and complete the application and pay the undergo Canadian vetting, be are also available at http://www.cbp.gov/ non-refundable $100 fee. As is the case interviewed by the CBSA and pay the travel/trusted-traveler-programs/sentri. for all applicants, CBP must be able to $50 NEXUS application fee. 1. General Requirements conduct the requisite vetting of the B. SENTRI Program—Current applicant, including collection of the SENTRI participants have access to Requirements required fingerprints needed to conduct specific, dedicated primary lanes into the biometric-based background checks. The SENTRI program allows the United States from Mexico. An RFID For minors under the age of 18, a parent dedicated processing at specified land card is required for a participant to or legal guardian must be present at the border ports along the U.S.-Mexico access the dedicated SENTRI lanes. time of the interview. border for pre-approved travelers. As Upon acceptance into the SENTRI NEXUS participants, and SENTRI described in the Executive Summary, program, a participant is issued a participants who are U.S. citizens and the SENTRI program was developed by SENTRI RFID card at no additional cost. U.S. lawful permanent residents may the legacy INS as part of a series of A $25 fee is charged to replace the RFID utilize the Global Entry kiosks as a programs collectively referred to as card if lost. When a replacement card is benefit of their NEXUS or SENTRI PORTPASS. PORTPASS was a series of requested, the original RFID card is membership. Mexican nationals who are programs designed to identify pre- deactivated and is no longer functional. SENTRI participants may only utilize registered, low-risk travelers and permit SENTRI membership is for five years. SENTRI participants may apply for the Global Entry kiosks upon successful them to enter the United States within renewal. Renewal of the SENTRI completion of a thorough risk predictable wait times by reducing the program requires the submission of a assessment by the Mexican interaction between the traveler and the new application, and payment of the Government.9 A list of the select inspector. One of the main purposes of SENTRI fee. Just as with the Global airports that currently offer Global Entry the PORTPASS programs was to ease Entry program, an individual is arrival processing is available at https:// commuter traffic at land ports of entry ineligible to participate in the SENTRI www.cbp.gov/travel/trusted-traveler- by providing dedicated commuter lanes program if CBP, at its sole discretion, programs/global-entry/locations. (DCLs) to facilitate the rapid passage of low-risk, frequent travelers. When the determines that the individual presents As a benefit of Global Entry a potential risk for terrorism, criminality PORTPASS programs were transferred membership, a Global Entry participant (such as smuggling), or CBP is unable to from the legacy INS to DHS,14 several of may utilize the SENTRI lanes at the establish that the applicant can be 10 the programs that collectively operated U.S.-Mexico border and may enter the considered low-risk. The specific as PORTPASS ceased operations United States at the northern border reasons why an applicant may not 11 (though some, including the Free and using the NEXUS lanes and the qualify for participation in the SENTRI Secure Trade (FAST) program for NEXUS marine reporting locations. To program are the same as for the Global access the SENTRI lanes, the NEXUS commercial vehicles, are still operating 15 Entry program. lanes and the NEXUS marine reporting under PORTPASS ). With the transfer Although most of the PORTPASS locations, an RFID card is needed.12 of functions from the INS to DHS and procedures no longer apply to the New and renewing Global Entry advances in technology, most of the SENTRI program, SENTRI applicants participants are automatically issued a procedures set forth in the PORTPASS still pay fees based on the PORTPASS Global Entry RFID card at no additional regulation, 8 CFR 235.7, are no longer fee provisions. The current SENTRI fee cost. A $25 fee is charged for a applicable to SENTRI applicants and is $122.25 and is comprised of three replacement RFID card. When a participants. The current SENTRI separate payments that the applicant replacement card is requested, the eligibility requirements, application pays at various stages in the application original RFID card is deactivated and is procedures, and redress methods have process. The fee is comprised of a $25 no longer functional. A Global Entry been developed by CBP over time to application fee, an $82.75 DCL fee and RFID card does not allow a participant reflect the establishment of the GOES a $14.50 Federal Bureau of Investigation dedicated processing into Canada at the website (now TTP Systems), the (FBI) fingerprinting fee. Pursuant to 8 creation of the CBP trusted traveler CFR 103.7(b)(1)(ii)(G), the application 9 See Utilization of Global Entry Kiosks by enrollment centers, the modernizing of fee is payable before the application is NEXUS and SENTRI Participants Federal Register the DCL lanes, and the creation of the processed. Section 103.7(b)(1)(ii)(G) also notice, December 29, 2010 (75 FR 82202), for Global Entry and NEXUS programs. The further information. authorizes the collection of an FBI 10 A Global Entry participant with an RFID card current SENTRI program’s application fingerprinting fee, if required. Section may travel as a passenger in a vehicle utilizing the 103.7(b)(1)(ii)(A) requires the DCL SENTRI lanes. However, a Global Entry participant 13 Note that Global Entry RFID cards are only may not drive a vehicle into the United States using used for entry into the United States at NEXUS and systems costs fee. Applicants may apply the SENTRI lanes unless that vehicle has been SENTRI dedicated lanes at land borders. Global for the SENTRI program online via the approved by CBP for use in the SENTRI lanes. More Entry kiosks at airports accept only passports and TTP Systems website, https:// information about this process is in Section III.B. permanent resident cards for entry into the United ttp.cbp.dhs.gov, or via the paper SENTRI Program. States. application, Form 823S. The paper 11 It is not necessary to register a vehicle to utilize 14 The Homeland Security Act of 2002, Public the NEXUS lanes. If an individual is a NEXUS, Law 107–296, transferred the functions of the INS application and fee can be mailed to SENTRI or Global Entry participant with an RFID to DHS. CBP or submitted in person at the card then that individual may utilize the NEXUS 15 PORTPASS is still used as the basis for a enrollment center. lanes into the United States either as a passenger portion of the FAST program. FAST is primarily a If the applicant wishes to drive his or or driving a vehicle. commercial cargo clearance program, but the 12 For more details about the benefits provided to drivers must be separately screened for security her vehicle into the United States using Global Entry, NEXUS and SENTRI participants, risk. This security screening takes place pursuant to the SENTRI lanes, the applicant must please see http://www.cbp.gov/global-entry/faqs. PORTPASS. register the vehicle by providing

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information about the vehicle on the via the TTP Systems or in person at the the entire family. The DCL fee is $82.75 application and CBP will determine enrollment center. The list of CBP per individual if not applying as a whether to approve the vehicle. The enrollment centers is available at family unit. There is also a family cap approved vehicle will be subject to an https://www.cbp.gov/travel/trusted- set for the application fee. While the inspection when the vehicle enters the traveler-programs/sentri/enrollment- application fee for an individual is $25 United States at the U.S.-Mexico border centers. per applicant, the maximum amount crossing. This inspection will occur at As a benefit of SENTRI membership, payable by a family is $50. This $50 secondary inspection during one of the a SENTRI participant who is a U.S. family cap is set forth in the PORTPASS vehicle’s crossings into the United citizen or a U.S. lawful permanent fee regulation, 8 CFR 103.7(b)(1)(ii)(G). States at CBP’s discretion.16 It is within resident may also utilize the Global When a family applies to the SENTRI CBP’s sole discretion whether to Entry kiosk. Mexican nationals who are program, each individual family approve a vehicle for the SENTRI SENTRI participants may only utilize member is charged the $25 application program. CBP reserves the right to the Global Entry kiosks upon successful fee until the $50 family cap is reached. revoke the approval at the time of completion of a thorough risk There are no family caps with respect to inspection if, in its discretion, it finds assessment by the Mexican the FBI fingerprinting fee. The FBI any reason the vehicle should not be Government.18 Additionally, SENTRI fingerprinting fee is currently approved. CBP no longer issues vehicle participants may utilize the NEXUS dependent on the age of the applicant. decals or transponders for vehicles lanes and NEXUS marine reporting All applicants 14 years of age and older using the SENTRI lanes since this locations to enter the United States. are required to pay the FBI technology is obsolete. When a SENTRI, However, in order to obtain dedicated fingerprinting fee. Applicants under 14 NEXUS or Global Entry participant with processing into Canada using the years of age are exempt from the FBI an RFID card approaches the border in NEXUS lanes, automated air kiosks and fingerprinting fee. the SENTRI lane, the system NEXUS marine reporting locations, a Whether or not minors pay a fee to automatically identifies the vehicle and SENTRI participant must separately apply for the SENTRI program, all the identity of the occupants of the apply to the NEXUS program, undergo minors need to have the consent of a vehicle. An individual may have a Canadian vetting, be interviewed by the maximum of four approved vehicles for CBSA, and pay the $50 NEXUS parent or legal guardian to be eligible to use in the SENTRI lanes. One vehicle application fee. participate, must complete the application, and are subject to the may be registered for approval during 2. SENTRI Family Option Plans the application or renewal process at no requisite vetting, including the additional charge. The fee to register The SENTRI program includes family collection of fingerprints. For minors additional vehicles or to register the first option plans that cap the amount that a under the age of 18, a parent or legal vehicle after the initial application or family is required to pay to apply to the guardian must be present at the time of renewal process is $42 per vehicle. This SENTRI program. The SENTRI program the interview. fee is charged per vehicle registered, uses the fee caps specified in the C. NEXUS Program—Current regardless of whether that vehicle is PORTPASS fee regulations. The Requirements ultimately approved for use in the PORTPASS regulations define ‘‘family’’ SENTRI lanes. The additional vehicle narrowly and traditionally as ‘‘husband, The NEXUS program is a joint trusted fee may be paid online via the TTP wife, and minor children under 18 years traveler program between the United Systems or in person at the enrollment of age.’’ For purposes of the SENTRI States and Canada that allows pre- center. program, CBP considers a ‘‘family’’ to be approved travelers dedicated processing After completion of the application a mother, father and minors under the by both U.S. and Canadian officials at and submission of the application and age of 18. This includes single parents. specified locations. Currently, the non- FBI fingerprinting fees, an applicant The maximum DCL fee a family must refundable application fee is $50. will be notified if he or she is pay is $165.50.19 When a family applies Minors under the age of 18 are exempt conditionally approved or denied to the SENTRI program each individual from payment of the application fee. acceptance into the SENTRI program. family member is charged the $82.75 DCL fee until the $165.50 family cap is As a benefit of NEXUS membership, An applicant who is denied may seek NEXUS participants may utilize the 17 reached. For example, a mother redress. If the applicant is Global Entry kiosks.20 Additionally, conditionally accepted, he or she will be currently applying to the SENTRI program with her three minor children NEXUS participants may utilize the notified to schedule an interview at a 21 will be charged a $165.50 DCL fee for SENTRI lanes. Information about the SENTRI enrollment center. Before the NEXUS procedures, fees, and other start of the interview, the SENTRI information about the NEXUS program applicant must pay the DCL fee either 18 See Utilization of Global Entry Kiosks by NEXUS and SENTRI Participants Federal Register are available at http://www.cbp.gov/ notice, December 29, 2010 (75 FR 82202) for further travel/trusted-traveler-programs/nexus. 16 In accordance with the United States information. Government Accountability Office (GAO)’s 19 Prior to October 2012, the FBI fingerprinting fee 20 recommendation regarding its recent review was $17.25. At that time, the total SENTRI fee of CBP must collect the individual’s fingerprints conducted of the CBP trusted traveler programs and $122.25 was broken down as follows: $25 and have the most recent passport information CBP’s goal of harmonizing the three CBP trusted application fee, $17.25 FBI fingerprinting fee, and submitted on TTP Systems in order for these traveler programs, CBP has eliminated the $80 DCL systems cost fee (as per 8 CFR participants to utilize the Global Entry kiosks. See requirement for vehicle inspections at the 103.7(b)(1)(ii)(A)). Pursuant to a Federal Register Utilization of Global Entry Kiosks by NEXUS and enrollment center. See GAO Report 14–483, Trusted Notice published by the FBI on December 20, 2011 SENTRI Participants Federal Register notice, Travelers: Programs Provide Benefits, but (76 FR 78950), the FBI fingerprinting fee decreased December 29, 2010 (75 FR 82202), for further Enrollment Processes Could be Strengthened (May to $14.50. In October 2012, CBP changed its internal information. 2014), available at: http://www.gao.gov/products/ accounting regarding the allocation of the total 21 A NEXUS participant may travel as a passenger GAO-14-483. $122.25 SENTRI fee. Specifically, CBP reallocated in a vehicle using the SENTRI lanes. However, a 17 As stated earlier in the background section, the $2.75 from the decreased FBI fingerprinting fee NEXUS participant may not drive a vehicle into the currently, an applicant who is denied may seek to the DCL systems cost fee, bringing the DCL United States using the SENTRI lanes unless that redress through DHS TRIP or by contacting the systems cost fee to $82.75. Due to this change in vehicle has been approved by CBP for use in the Trusted Traveler Ombudsman via a reconsideration the individual DCL fee, the family maximum also SENTRI lanes. More information about this process request filed through TTP Systems. increased to $165.50 (from $160). is in Section III. B. SENTRI Program.

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D. Summary of Benefits for the NEXUS, participant can take advantage of certain Sections III. A., III. B., and III. C. for SENTRI and Global Entry Programs benefits of the other two CBP trusted more details about these benefits. As summarized in the chart below, a traveler programs. Please refer to Global Entry, SENTRI, or NEXUS

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 Locations (into U.S.) ...... X X X NEXUS Lanes (into Canada) ...... X NEXUS Marine Reporting Locations (into Canada) ...... X Automated Air Kiosks (into Canada) ...... X * SENTRI participants who are U.S. citizens and lawful permanent residents may use the Global Entry kiosks. SENTRI participants who are Mexican nationals may only use this benefit upon successful completion of a thorough risk assessment by the Mexican government.

IV. Proposed Changes to the Global below, these non-refundable fees would legal guardian application and if his or Entry and SENTRI Programs be paid to CBP at the time of the her parent or legal guardian is not application through the TTP Systems. already a participant in the same A. Harmonizing the CBP Trusted These fees would be reflected in the program to which the minor is applying, Traveler Programs Global Entry fee provision in 8 CFR the minor would be charged the full CBP would like to harmonize the 103.7, a proposed SENTRI fee provision application fee of $120. This exemption application fee, the application fee paid in 8 CFR 103.7, in the Global Entry for minors would minimize the costs for by minors, the fee payment schedule program regulation, 8 CFR 235.12, and families enrolling in the Global Entry, and the application processes for the the SENTRI program proposed SENTRI, and NEXUS programs. NEXUS, SENTRI and Global Entry regulation, 8 CFR 235.14. 22 All minors applying to the Global programs. Also, the current fees are no Entry, SENTRI, or NEXUS programs, longer sufficient to recover CBP’s costs 2. Proposal To Exempt Certain Minors including those who are exempt from to administer the programs. The From Payment of the Application Fee payment of the application fee, must proposed changes to the Global Entry The Global Entry, SENTRI, and have the consent of a parent or legal and SENTRI programs are described NEXUS programs are not aligned with guardian to be eligible to participate, below. respect to whether minors are charged must complete the application, and an application fee. The SENTRI program 1. Proposal To Harmonize the Global would be subject to the requisite vetting, has a complex family option plan, the Entry and SENTRI Fees including the collection of fingerprints. Global Entry program charges minors For minors under the age of 18, a parent CBP has performed a fee study the full application fee and the NEXUS or legal guardian must be present at the entitled ‘‘CBP Trusted Traveler program exempts all minors from Programs Fee Study’’ to determine the payment of the application fee. This time of the interview with a CBP officer. amount of the fee that is necessary to disparity results in families choosing a In order to incorporate this fee recover the costs associated with program based on financial exemption for certain minors, CBP is application processing for the Global considerations instead of choosing a proposing several regulatory Entry, SENTRI, and NEXUS programs. program based on the features and amendments. With respect to the Global CBP determined that, in making the fee benefits of the program. To eliminate Entry program, CBP is proposing to uniform across the programs, a fee of this disparity and to reflect the costs to amend the fee provision, 8 CFR $120 is appropriate and necessary to CBP to operate these programs, CBP 103.7(b)(1)(ii)(M), and the Global Entry recover a reasonable portion of these seeks to create a uniform fee and a program regulation, 8 CFR 235.12(d)(2). costs.23 The SENTRI fee would be uniform fee charged to minors. To align SENTRI with the other decreased from its current fee of $122.25 In this document, CBP is proposing to programs, CBP is proposing to eliminate to $120. The Global Entry fee would be exempt a minor under the age of 18 who the SENTRI family option plans increased from its current fee of $100 to applies to the Global Entry or SENTRI described above. The family option $120. The proposed $120 application program from payment of the plans offer minor children discounted fee would apply to new applicants and application fee if the minor’s parent or rates or even free enrollment based on to participants renewing their legal guardian applies concurrently with their parent(s)’ application to the memberships in both the SENTRI and the minor or if the parent or legal SENTRI program. Family option plans Global Entry programs. As described guardian is an existing member of the are overly complex, do not provide same program to which the minor is options for minors with legal guardians 22 Any changes to the NEXUS fee will be applying. If the minor’s parent or legal and make arbitrary age distinctions that announced in a separate Federal Register notice. guardian is already an existing member, are no longer used by CBP. The SENTRI 23 The NEXUS fee is split between the United States and Canada. As a result, the United States the minor would be required to enter family option plans would be replaced will only receive part of the revenue necessary to the parent or legal guardian’s name and by new provisions regarding the recover its costs for the NEXUS program. Please see trusted traveler number to allow CBP to SENTRI fee in 8 CFR 103.7(b)(1)(ii)(P) the fee study entitled ‘‘CBP Trusted Traveler verify this information. If a minor and proposed 8 CFR 235.14(c)(3). These Programs Fee Study’’, included in the docket of this rulemaking (docket number USCBP–2020–0035) for applies to the Global Entry or SENTRI provisions would incorporate the additional details. program without a concurrent parent or proposed SENTRI application fee and

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the fee exemption for certain minors apply only to the SENTRI program are a reasonable portion of the costs under 18. described in the next paragraph. associated with application processing The current eligibility criteria for the for these programs. This fee study was B. Proposal To Establish a New SENTRI program are set forth in necessary to reevaluate the fees due to Regulation for the SENTRI Program proposed section 235.14(b)(1). Any the expansion of the programs, advances As discussed previously, when the individual of any nationality is eligible in technology, and the shared benefits legacy INS developed the SENTRI to apply for the SENTRI program. across the programs. For example, as program as part of a series of programs Proposed section 235.14(c) sets forth the technology has advanced, the referred to as PORTPASS, the application procedures including that a technology deployed and costs requirements and procedures that vehicle must be approved by CBP to associated with the creation of govern the PORTPASS program set forth utilize the SENTRI lanes. Proposed dedicated commuter only lanes is no in 8 CFR 235.7 were applicable to the section 235.14(e) states that a SENTRI longer necessary. CBP is capable of SENTRI program. With the transfer of participant will be issued an RFID or converting any crossing lane into a lane functions from the INS to DHS, other CBP approved document that that may be used for trusted travelers. advancing technology and the grants the participant access to specific, Due to this advancement, CBP has expansion of the CBP trusted traveler dedicated primary lanes into the United determined that the fee for the Global programs, the SENTRI program has States. The proposed regulation Entry, SENTRI, and NEXUS programs evolved, and its requirements and provides the website where the SENTRI should only incorporate those costs procedures have changed. The vast lanes are identified and informs the associated with the application process. majority of SENTRI applicants apply via SENTRI participant that a vehicle must The costs of processing the application the TTP Systems website using an be approved by CBP to utilize the include the cost of TTP Systems, the FBI application that is common to all the dedicated SENTRI lanes. fingerprinting fee, the enrollment CBP trusted traveler programs. These The proposed regulation also sets centers, the vetting and other relevant application procedures are not reflected forth the new fee payment schedule, costs. The new fee does not include any in the PORTPASS regulation, 8 CFR and the new fee exemption for certain costs related to DCLs. See the CBP 235.7. Additionally, CBP has minors. This document also proposes to Trusted Traveler Programs Fee Study for established CBP trusted traveler add a new provision, 8 CFR the entire breakdown of the proposed enrollment centers, modernized the 103.7(b)(1)(ii)(P), which sets forth the fee. Therefore, CBP has determined that DCLs utilized by SENTRI participants, new fee, the new fee charged to minors, it is no longer appropriate to charge and established common methods of and all relevant fee details for the SENTRI applicants the three separate redress for all three CBP trusted traveler SENTRI program. payments under the current fee payment programs. The requirement for a schedule. personal interview at the enrollment C. Additional Proposed Changes to the CBP is also proposing to change the center, the updates to the DCLs, and the SENTRI Program fee payment schedule for the SENTRI redress methods are also not reflected in 1. Proposal To Change the Fee Payment program in order to align the SENTRI the PORTPASS regulations, 8 CFR Schedule for the SENTRI Program application process with the application 235.7. process for the Global Entry and NEXUS This document proposes to add a new CBP is proposing to change the programs. The Global Entry and NEXUS section 8 CFR 235.14, modeled after the current SENTRI fee payment schedule. programs have a single application fee Global Entry regulation, 8 CFR 235.12, As discussed above, currently, the that is payable in full at the time the that would incorporate the current SENTRI fee is comprised of three applicant submits the application via parameters, requirements and separate amounts (an application fee, a TTP Systems whereas SENTRI application procedures of the SENTRI DCL fee, and an FBI fingerprinting fee) applicants pay only a portion of the program and supersede 8 CFR 235.7 for that the applicant pays at various stages SENTRI fee when the application is purposes of the SENTRI program. in the application process. CBP is submitted and other portions later in the Proposed 8 CFR 235.14 includes a proposing to require instead that the process. CBP is proposing to change the general description of the SENTRI SENTRI applicant pay a non-refundable fee payment schedule for the SENTRI program, the eligibility requirements, application fee of $120 at the time the program to similarly require a single application procedures, redress applicant submits the application via application fee be paid in full at the procedures, and the requirement to pay TTP Systems. time the applicant submits the an application fee as specified in a new As discussed earlier, CBP performed a application. fee section, 8 CFR 103.7(b)(1)(ii)(P). new fee study of the Global Entry, Thus, CBP is proposing to add section Except for the provisions concerning the SENTRI, and NEXUS programs and has 8 CFR 103.7(b)(1)(ii)(P) to reflect that eligibility requirements, the registration determined that a uniform fee of $120 the $120 fee encapsulates the entire of vehicles and the use of special lanes is appropriate and necessary to recover SENTRI fee and is payable at for approved vehicles, the other application submission. Proposed individuals whose application is denied or whose section 8 CFR 235.14(c)(3) would state provisions (i.e., the disqualifying participation is terminated whereas the current criteria, application procedures, and the Global Entry regulation specifies the same two that the $120 non-refundable SENTRI available redress procedures) are possible methods of redress for individuals whose fee must be paid to CBP at the time of essentially the same as in the Global applications are denied, or whose participation is the application submission through TTP 24 suspended or terminated (emphasis added). This Systems or other CBP-approved process. Entry regulation. The provisions that notice of proposed rulemaking proposes to revise the Global Entry regulations to remove all 2. Proposal To Mandate Electronic 24 There are minor differences regarding the two references to suspensions because CBP no longer Submission of the SENTRI Program provisions. First, proposed 8 CFR 235.14 has a uses the suspension procedure. Additionally, the provision about denial and removal from the current Global Entry regulation allows an applicant Application and Payment of Fees program whereas the current Global Entry to seek redress by writing to the enrollment center Currently, an applicant to the SENTRI regulation covers denial, removal and suspension where his or her interview was conducted. This from the program (emphasis added). Second, the redress process is no longer used. This notice of program may apply online via the TTP redress provision in proposed 8 CFR 235.14 proposed rulemaking proposes to revise the Global Systems website or by submitting a specifies two possible methods of redress for Entry regulations to reflect the current process. paper application, Form 823S. If the

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applicant chooses to submit a paper register their vehicle for use in the provide dedicated CBP processing for application, the application fee can SENTRI lanes after the initial Global Entry, NEXUS and qualified either be mailed to CBP or submitted in application or renewal process would SENTRI participants on direct outbound person at an enrollment center. CBP is continue to pay the additional vehicle flights to the United States.26 proposing to eliminate the paper fee online via TTP Systems. These Preclearance facilities are staffed with application as an option for SENTRI SENTRI application procedures are CBP officers responsible for conducting applicants. SENTRI applicants would be included in proposed 8 CFR 235.14(c). customs, immigration, and agricultural required to apply to the SENTRI inspections of passengers, crew, and D. Additional Proposed Changes to the program online via the TTP Systems their goods bound for the United States. Global Entry Program website, https://ttp.cbp.dhs.gov. Generally, travelers who are inspected Eliminating the paper SENTRI 1. 8 CFR 235.12(g) at a preclearance facility are permitted application would complete the Under the current regulation, a Global to arrive at a U.S. domestic facility and harmonization of the application Entry participant must follow certain either exit the U.S. domestic terminal submission process for the three procedures upon arrival in the United upon landing or connect directly to a programs,25 streamline the application States. These arrival procedures are set U.S. domestic flight without further CBP process, reduce the burden on CBP forth in 8 CFR 235.12(g). They include processing. Because the Global Entry officers, and expedite the application proceeding to the Global Entry kiosk, processing occurs at a point prior to the process. following the on-screen instructions, traveler’s arrival in the United States, Additionally, CBP is proposing to CBP is proposing to amend 8 CFR require applicants to pay the SENTRI and declaring all articles brought into the United States. For the reasons 235.12(g), as set forth below and in application fee through the TTP section VII of this NPRM, to eliminate Systems website at the time of online discussed below, CBP is proposing to revise this paragraph to eliminate the the phrase ‘‘upon arrival in the United application and not at the enrollment States’’. center. The proposed elimination of the reference to ‘‘arrival in the United paper SENTRI application makes this States’’. CBP is also proposing to remove 2. 8 CFR 235.12(h) the reference, throughout the regulation, change possible. Section 235.12(h) addresses certain to Global Entry ‘‘kiosks’’ and replace it CBP is also proposing changes to the examination and inspection issues with the phrase ‘‘Global Entry procedures for paying the additional related to the use of Global Entry. Processing’’ to allow for the applicable vehicle fee. Although there is no fee for Among other things, it specifies that facilities and technology to evolve a SENTRI applicant to register one pursuant to the enforcement provisions without need to revise the regulations. vehicle for use in the SENTRI lanes of 19 CFR part 162, Global Entry For this same reason, CBP is also during the initial application or renewal participants may be subject to further proposing to remove the phrase ‘‘on- process, there is a $42 fee to register CBP examination and inspection at any screen’’ from the phrase concerning each additional vehicle and to register time during the arrival process. As following instructions and instead state the first vehicle after the initial noted above, CBP does not have that the participant must ‘‘follow all application or renewal process. This customs responsibilities at all Global CBP instructions.’’ proposed rule does not change the Entry locations. For this reason, CBP is When the regulation was first issued, amount of the additional vehicle fee. proposing to amend 8 CFR 235.12(h) to CBP did not offer Global Entry at However, this proposed rule would eliminate the reference to 19 CFR part airports located in the U.S. territories or change the way the fee is paid. 162. Part 162 concerns, in relevant part, at preclearance facilities in foreign Currently, a SENTRI applicant or inspections within the customs territory countries. Due to the success of the participant may pay this fee of the United States. Reference to 19 Global Entry program and to facilitate electronically via TTP Systems or in CFR part 162 is not needed in 8 CFR the travel of additional Global Entry, person at the enrollment center. CBP is 235.12(h) because the purpose of the NEXUS and qualified SENTRI proposing to require payment of the paragraph regarding successful use of participants, CBP now offers Global additional vehicle fee electronically via Global Entry at any location can be more Entry in certain U.S. territories as well TTP Systems. This is because the clearly and accurately stated without as at preclearance facilities in foreign vehicle inspection is no longer specific reference to 19 CFR part 162. performed at the enrollment center. As countries. discussed above, if CBP approves the The expansion of Global Entry to U.S. 3. Other Amendments to 8 CFR 235.12 vehicle for use in the SENTRI lanes, the territories allows dedicated CBP CBP is also proposing several vehicle is subject to a vehicle inspection processing of Global Entry, NEXUS and additional minor changes to 8 CFR at secondary inspection during one of qualified SENTRI participants into these 235.12. First, CBP is proposing some the vehicle’s crossings into the United territories. However, pursuant to 19 CFR language changes to reflect the States. Requiring an applicant or 7.2(b), CBP does not perform a customs expansion of Global Entry to participant to pay the additional vehicle function in certain U.S. territories. preclearance facilities at foreign fee online via TTP Systems ensures that Accordingly, CBP does not collect locations. Because Global Entry now there is an electronic record of the customs declarations in those territories. operates in some U.S. territories and payment when the vehicle arrives at As the customs declaration does not preclearance facilities outside the secondary inspection. It also further apply in all Global Entry locations, CBP United States, CBP is proposing to harmonizes the Global Entry, SENTRI, is proposing to amend 8 CFR 235.12(g) remove references to ‘‘expedited entry and NEXUS programs. Global Entry and as set forth in section VII of this Notice NEXUS participants who wish to of Proposed Rulemaking (NPRM), to 26 Section 101.5 of title 19 of the CFR (19 CFR eliminate the reference to customs 101.5) sets forth a list of CBP preclearance offices 25 A NEXUS applicant may submit a paper declarations. in foreign locations. Section 162.8 of title 19 of the application to apply to the NEXUS program. This The expansion of Global Entry to CFR (19 CFR 162.8) permits CBP officers stationed is a CBSA form, not a CBP form. As such, the paper in a foreign country at a preclearance facility to NEXUS application is sent to CBSA, processed and preclearance facilities in foreign exercise such functions and perform such duties as inputted by CBSA. CBP’s NEXUS application and countries also allows select foreign may be permitted by treaty, agreement or law of the application submission are completely electronic. airports with preclearance facilities to country in which the officer is stationed.

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into the United States’’ and replace charge the DCL fee, this paragraph participants in any one of the programs them with ‘‘dedicated CBP processing.’’ (b)(1)(ii)(A) would be unnecessary. can enjoy nearly all the benefits of the In addition, CBP no longer refers to Therefore, CBP is proposing to remove other two trusted traveler programs. members of trusted traveler programs as and reserve 8 CFR 103.7(b)(1)(ii)(A). However, regulatory changes are needed to unify certain aspects of the programs. ‘‘low-risk travelers’’ preferring, instead, V. Statutory and Regulatory the term ‘‘pre-approved travelers.’’ Requirements Although the trusted traveler Accordingly, CBP is proposing to programs all offer nearly reciprocal update the language in sections A. Executive Orders 13563, 12866, and benefits with each other, the current 235.12(a), 235.12(b)(2) and 235.12(c) to 13771 SENTRI, Global Entry, and NEXUS fees reflect the above changes. Executive Orders 13563 and 12866 are $122.25, $100, and $50, respectively. Additionally, the interview direct agencies to assess the costs and In addition to leading to potential procedures for the Global Entry program benefits of available regulatory confusion and charging different prices have changed slightly. Although section alternatives and, if regulation is for nearly the same product for 235.12(e)(1) states that the Global Entry necessary, to select regulatory prospective and renewing trusted applicant must schedule his or her approaches that maximize net benefits traveler program members, these fees interview at a Global Entry enrollment (including potential economic, are no longer sufficient to recover CBP’s center, Global Entry applicants now environmental, public health and safety costs to administer the programs. have another personal interview option. effects, distributive impacts, and Instead, all unreimbursed costs are They can also have their personal equity). Executive Order 13563 currently covered by appropriated interview at certain participating emphasizes the importance of funds. As discussed below, CBP has airports referred to as ‘‘Enrollment on quantifying both costs and benefits, of determined that a harmonized fee of Arrival’’ airports. The locations of the reducing costs, of harmonizing rules, $120 is appropriate and necessary to participating airports can be found at and of promoting flexibility. Executive recover a reasonable portion of the costs https://www.cbp.gov/travel/trusted- Order 13771 directs agencies to reduce associated with application processing traveler-programs/global-entry/ regulation and control regulatory costs, for these trusted traveler programs. enrollment-arrival. The applicant does and provides that ‘‘for every one new In addition to ensuring that the not need to schedule the interview in regulation issued, at least two prior trusted traveler programs are better advance, but may only use this option regulations be identified for elimination, funded, CBP is proposing to revise the if arriving in the United States on an and that the cost of planned regulations SENTRI fee payment schedule; exempt international flight at one of the be prudently managed and controlled certain minors from payment of the ‘‘Enrollment on Arrival’’ airports. CBP is through a budgeting process.’’ proposing to update the language in 8 The Office of Management and Budget harmonized fee for membership in the CFR 235.12(e)(1) to eliminate the (OMB) has not designated this rule a SENTRI or Global Entry programs; specific reference to Global Entry ‘‘significant regulatory action,’’ under change certain aspects of the SENTRI enrollment centers. section 3(f) of Executive Order 12866. program application process; and Finally, CBP no longer suspends Accordingly, OMB has not reviewed it. eliminate the dedicated commuter lane Global Entry membership. CBP either As this rule is not a significant systems cost fee (‘‘DCL fee’’) currently denies an applicant participation under regulatory action, this rule is exempt applicable only to approved SENTRI the disqualifying factors in 8 CFR from the requirements of Executive members. 235.12(b)(2) or a Global Entry Order 13771. See OMB’s Memorandum 2. Background participant is removed from the program ‘‘Guidance Implementing Executive if CBP determines under 8 CFR Order 13771, Titled ‘Reducing When originally developed, the 235.12(j)(2) that such action is Regulation and Controlling Regulatory SENTRI, Global Entry, and NEXUS necessary. To reflect this change, CBP is Costs’’’ (April 5, 2017). CBP has programs each had its own application proposing to remove all references to prepared the following analysis to help process and participants in one program ‘‘suspend’’, ‘‘suspension’’ and inform stakeholders of the impacts of could not take advantage of the benefits ‘‘suspended’’ from sections 235.12(d)(3), this proposed rule. of other programs. As the programs 235.12(j) and (k). expanded, CBP determined that it was 1. Purpose of the Rule necessary to unify certain aspects of the E. Proposed Conforming Amendment to CBP operates several voluntary three trusted traveler programs. 8 CFR 103.7 trusted traveler programs that afford Currently, the programs have a nearly The current regulations include a pre-approved travelers with dedicated identical application process and provision, 8 CFR 103.7(b)(1)(ii)(A), that processing travel privileges into the participants in any one of the programs specifies the amount of the DCL system United States. These programs are the can enjoy nearly all the benefits of the costs fee. This fee is for use of DCLs Secure Electronic Network for Travelers other two trusted traveler programs. As located at specific ports of entry for Rapid Inspection (SENTRI) program, shown in Table 1 below, NEXUS and approved PORTPASS participants in Global Entry program, and NEXUS certain SENTRI participants are eligible designated vehicles. As discussed program. When originally developed, to use Global Entry kiosks and Global above, this fee is one element of the each program had its own application Entry participants are eligible to use current SENTRI program fee. SENTRI is process and participants in one program NEXUS lanes and marine reporting the only PORTPASS program where could not take advantage of the benefits locations when entering the United CBP charges the DCL fee. If the fee of other programs. As the programs States and SENTRI lanes. Additionally, changes proposed in this NPRM are expanded, CBP determined that it was SENTRI participants are permitted to implemented, the entire SENTRI fee necessary to unify certain aspects of the use NEXUS lanes and marine reporting will be specified in 8 CFR three trusted traveler programs. locations when entering the United 103.7(b)(1)(ii)(P). Since CBP would no Currently, the programs have a nearly States and NEXUS participants are longer have any other programs which identical application process and permitted to use SENTRI lanes.

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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.

Despite the nearly identical TABLE 2—PROPOSED TRUSTED a. SENTRI application process and the nearly TRAVELER PROGRAMS FEE The SENTRI program allows pre- reciprocal benefits each program has approved travelers dedicated CBP with one another, each of these trusted (1) TTP Systems/GES ...... $17.17 processing at specified land border ports traveler programs still has its own fee. (2) FBI Fingerprinting ...... 14.50 along the U.S.-Mexico border. The As such, CBP is proposing to harmonize (3) Enrollment Center ...... 52.54 SENTRI program currently has a fee of the application fee for these trusted (4) Vetting Center ...... 14.47 (5) RFID Card ...... 15.87 $122.25. This fee is comprised of three traveler programs. CBP has determined (6) HQ Staff, Call Center, and parts: A $25 application fee, an $82.75 that a fee of $120 is necessary in order Miscellaneous ...... 2.54 DCL fee, and a $14.50 FBI fingerprinting to recover a reasonable portion of the fee for applicants 14 years of age or costs associated with application Sum ...... 117.09 older.28 Unlike NEXUS and Global processing for the SENTRI, Global Calculated Fee, rounded up to Entry, SENTRI applicants do not pay the Entry, and NEXUS trusted traveler the nearest $5.00 ...... 120.00 entire fee when submitting their programs.27 A fee study documenting application. Initially, a SENTRI the proposed fee change, entitled CBP Although CBP intends to harmonize applicant is only required to pay the $25 Trusted Traveler Programs Fee Study, the fee for the NEXUS, SENTRI, and application fee and the $14.50 FBI has been included in the docket of this Global Entry trusted traveler programs, fingerprinting fee. Payment of the this proposed rule only concerns rulemaking (docket number USCBP– $82.75 DCL fee is only required if a changes to the fee for the SENTRI and 2020–0035). Table 2 presents the SENTRI applicant is conditionally Global Entry trusted traveler programs. components of the proposed fee. In approved for membership in the Pursuant to 8 U.S.C. 1753(c), the fee program. addition to the proposed fee changes, setting of a joint U.S.-Canada project, CBP is proposing to revise the SENTRI In order to lessen the financial burden such as the NEXUS program, is exempt for families applying to the SENTRI fee payment schedule; exempt all from the Administrative Procedure Act. trusted traveler program, CBP places a minors under 18 years of age from the Accordingly, any changes to the NEXUS cap on the maximum amount that a fee when a parent or legal guardian is fee will be announced in a Federal family is required to pay for the already a member of or concurrently Register notice. application and DCL components of the applying for SENTRI or Global Entry; Below are brief descriptions of the SENTRI program fee. As shown in Table require all SENTRI program applicants Global Entry and SENTRI trusted 3, these caps are $50 and $165.50, to apply and pay electronically; require traveler programs and an explanation of respectively, or the rough equivalent to that additional SENTRI program vehicle their current fee structures (for details the cost of two applicants. For the registrations are paid for electronically; regarding the NEXUS trusted traveler purposes of the SENTRI program, CBP and eliminate the DCL fee currently program, please refer to the NEXUS considers a family to be a father, applicable only to approved SENTRI website at http://www.cbp.gov/travel/ mother, and minors under 18 years of members. trusted-traveler-programs/nexus): age.

TABLE 3—SENTRI FEE FAMILY OPTION PLAN

Fee component Family member Cost

Application ...... Father ...... $25 per person until the maximum family cap of $50 is reached. Mother ...... Minors 14–17 years of age ...... Minors under 14 years of age ......

27 CBP notes that 2/3 of the revenue from NEXUS States will only receive 2/3 of the revenue Global Entry to subsidize the costs of the NEXUS applicants goes to the United States government necessary to cover its costs of the NEXUS program. program. and the remaining 1/3 of revenue from NEXUS CBP considers the revenue to be sufficient to cover 28 Source: Email correspondence with CBP’s applicants goes to the Canadian government. a reasonable portion of the costs. CBP has not Office of Field Operations on May 23, 2018. Also, Therefore, even though the fee calculated below is adjusted the fee higher to account for this because on March 19, 2012, the FBI fingerprinting fee set to recover the costs of the program, the United doing so would cause applicants to SENTRI and decreased from $17.25 to $14.50 (76 FR 78950).

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TABLE 3—SENTRI FEE FAMILY OPTION PLAN—Continued

Fee component Family member Cost

DCL ...... Father ...... $82.75 per person until the maximum family cap of $165.50 is Mother ...... reached. Minors 14–17 years of age ...... Minors under 14 years of age ...... FBI Fingerprinting ...... Father ...... $14.50. Mother ...... $14.50. Minors 14–17 years of age ...... $14.50. Minors under 14 years of age ...... $0.

In addition to requiring individuals to the DCL fee currently applicable to only pay the requisite application fee apply to the SENTRI program, CBP approved SENTRI members. electronically and pay the vehicle requires that vehicles be approved by When assessing costs of proposed registration fee electronically.33 CBP CBP for use in SENTRI lanes. The rules, agencies must take care to not estimates that it takes the same amount SENTRI program fee includes the include transfer payments in their cost of time to complete the electronic registration of one vehicle during the analysis. As described in OMB Circular SENTRI application and make an initial application or renewal process. A A–4, transfer payments occur when electronic payment for the application fee of $42 is required for any additional ‘‘. . . monetary payments from one and registration fee as it does to vehicle to be registered for use in group [are made] to another [group] that complete a paper SENTRI application SENTRI lanes (maximum of four do not affect total resources available to and vehicle registration and make a vehicles) or for the participant to society.’’ 31 Examples of transfer payment by cash or check at an register his or her first vehicle after the payments include payments for enrollment center. CBP believes that initial application or renewal process. In insurance and fees paid to a government requiring an electronic application and fiscal year (FY) 2018, CBP received $1.8 agency for services that an agency payment is necessary to increase million in SENTRI fee revenue.29 already provides.32 The SENTRI and efficiency of the SENTRI program Global Entry trusted traveler programs b. Global Entry application and SENTRI vehicle are established programs that already registration process. Additionally, this The Global Entry program allows pre- require a fee in order to participate. would further harmonize the three approved travelers dedicated CBP Current fees do not cover the entire trusted traveler programs because processing at designated airports, costs to CBP for administering these electronic applications and payments currently through the use of automated programs and unreimbursed costs are are a current CBP requirement for the kiosks at designated airports. The Global covered by appropriated funds. Global Entry and NEXUS programs.34 Entry program currently has a fee of Accordingly, the proposed fee changes, CBP recognizes that applying and $100. In FY 2018, CBP received $142.7 including changes in who is exempt, to paying for the SENTRI program and 30 million in Global Entry fee revenue. the trusted traveler programs do not vehicle registrations electronically 3. Costs increase overall costs to society as these requires internet access and those unreimbursed costs are already being without readily available internet access This proposed rule would harmonize paid by appropriated funds. As such, a the fee that is required to be paid when would have to visit a facility that change to the fee associated with each provides internet access to the public applying for membership in the SENTRI program is considered a transfer and Global Entry trusted traveler (e.g., a library). However, in 2017, CBP payment. CBP does recognize, however, received 138,515 SENTRI applications programs. The SENTRI and Global Entry that the proposed fee changes may have programs currently have fees of $122.25 and 56,285 SENTRI vehicle enrollment a distributional impact on individuals applications, all of which were and $100, respectively. As discussed and families applying or renewing their 35 above, CBP has determined that a fee of submitted electronically. Applicants membership in either the SENTRI or would not likely opt to file $120 is necessary in order to recover a Global Entry trusted traveler program. In reasonable portion of the costs electronically if it were more order to inform stakeholders of all burdensome to do so. For this reason, associated with application processing potential effects of the proposed rule, for CBP’s trusted traveler programs. In CBP assumes that no applicants would CBP has analyzed the distributional need to travel to access the internet for addition to the proposed fee changes, effects of the proposed rule below in the purpose of paying the required fees. CBP is proposing to revise the SENTRI section ‘‘V. A. 4. Distributional To the extent that someone does need to fee payment schedule; to exempt all Impacts.’’ minors under the age of 18 years of age In addition to adjusting the fees travel, he or she would incur small from paying the fee when a parent or required for membership in the SENTRI opportunity and transportation costs. legal guardian is already a member of or and Global Entry trusted traveler concurrently applying for SENTRI or programs, CBP is proposing to require 33 CBP notes, however, that this proposal does not propose changes to the vehicle fee and each Global Entry; require all SENTRI that all SENTRI applicants apply and SENTRI participant will continue to receive one applicants to apply and pay vehicle registration for no additional cost when electronically; require that additional 31 OMB Circular A–4: https:// either renewing or applying to the SENTRI program. SENTRI program vehicle registrations be www.whitehouse.gov/sites/whitehouse.gov/files/ 34 A NEXUS applicant may submit a paper paid for electronically; and eliminate omb/circulars/A4/a-4.pdf. application to apply to the NEXUS program. This 32 Regulatory Impact Analysis: Frequently Asked is a CBSA form, not a CBP form. As such, the paper Questions (FAQ): https://www.whitehouse.gov/ NEXUS application is sent to CBSA, processed and 29 Source: Email correspondence with CBP’s sites/whitehouse.gov/files/omb/assets/OMB/ inputted by CBSA. CBP’s NEXUS application and Office of Field Operations on August 2, 2019. circulars/a004/a-4_FAQ.pdf and OMB Circular A– application submission are completely electronic. 30 Source: Email correspondence with CBP’s 4: https://www.whitehouse.gov/sites/ 35 Source: Email correspondence with CBP’s Office of Field Operations on August 2, 2019. whitehouse.gov/files/omb/circulars/A4/a-4.pdf. Office of Field Operations on May 31, 2018.

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CBP notes that the SENTRI program is already operational, because the membership in a trusted traveler a voluntary program and that all inspection takes the same amount of program after a parent or legal guardian individuals must determine if the time, and because no additional trip is has already joined a trusted traveler benefits of receiving dedicated CBP needed for the inspection. program and, as such, would be subject processing either meet or exceed the Along with the proposed regulatory to the proposed information collection. changes discussed above, CBP is costs of joining the SENTRI program. Table 4 shows historical data on the In addition to proposing that the proposing changes to the information applications and vehicle registrations be collection associated with the trusted number of minor applicants that electronic, CBP is proposing to codify traveler programs (OMB control number enrolled in SENTRI and Global Entry SENTRI vehicle inspection changes that 1651–0121). The proposed change from 2013 to 2018, while Table 5 shows have previously been implemented. would require a minor under 18 years the estimated number of minor SENTRI Formerly, the SENTRI vehicle of age applying for membership in and Global Entry applications over the inspection took place at the enrollment either the SENTRI or Global Entry period of analysis spanning from 2019 center. On November 17, 2015, CBP trusted traveler program whose parent to 2023.36 CBP notes that the data changed this inspection process and or legal guardian is already a member of presented in Table 4 for 2018 is a notified impacted applicants and the same program to submit his or her projection and not actual data. CBP SENTRI members of the new process by parent’s or legal guardian’s name and based the 2018 through 2023 minor email. Under the new vehicle inspection trusted traveler number. As discussed SENTRI enrollment application figures process, which is still in effect, a vehicle below, in section ‘‘V. E. Paperwork shown in Table 4 and Table 5 on the must be approved by CBP for use in the Reduction Act,’’ CBP estimates that this compound annual growth rate (CAGR) SENTRI lanes and subsequently proposed information collection would of minor SENTRI enrollment inspected at secondary inspection take approximately two minutes (0.0333 applications between 2013 and 2017, during one of the vehicle’s crossings hours). CBP’s trusted traveler databases which is equal to six percent, applied to into the United States. Despite not do not track which minors concurrently the number of minor SENTRI having an inspection at the time of apply to a trusted traveler program with applications in each prior year. To enrollment, vehicles remain subject to a parent or legal guardian and which estimate the 2018 through 2023 minor inspections at the time of crossing minors apply after a parent or legal Global Entry enrollment applications, through random inspection. This rule’s guardian joined a trusted traveler CBP applied the 2013 to 2017 CAGR of proposed SENTRI vehicle inspection program. CBP subject matter experts, minor Global Entry enrollment changes would not result in additional however, estimate that two percent of applications of 31 percent to the number benefits or costs to CBP trusted traveler minors (or parents/legal guardians of minor Global Entry enrollment program participants because they are acting on their behalf) apply for applications in each prior year.

TABLE 4—HISTORICAL MINOR ENROLLMENT APPLICATIONS FOR SENTRI AND GLOBAL ENTRY, 2013–2018

Total minor Total minor SENTRI Global Entry Year enrollment enrollment applications applications

2013 ...... 27,665 33,712 2014 ...... 25,013 48,287 2015 ...... 25,003 59,670 2016 ...... 37,102 94,631 2017 ...... 34,924 99,232 2018 * ...... 37,019 129,994

Total ...... 186,726 465,526 * Projection. Note: Totals may not sum due to rounding.

TABLE 5—ESTIMATED MINOR SENTRI AND GLOBAL ENTRY ENROLLMENT APPLICATIONS, 2019–2023

Total minor Total minor SENTRI Global Entry Year enrollment enrollment applications applications

2019 ...... 39,241 170,292 2020 ...... 41,595 223,083 2021 ...... 44,091 292,238 2022 ...... 46,736 382,832 2023 ...... 49,540 501,510

Total ...... 221,203 1,569,955 Note: Totals may not sum due to rounding.

36 Source: Email correspondence with CBP’s Office of Field Operation on May 23, 2018.

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As previously stated, CBP subject or legal guardian. These applicants behalf) $52,307 in opportunity (or time) matter experts estimate that two percent would incur a two-minute (0.0333-hour) costs to complete the proposed of minors (or parents/legal guardians time burden to submit this information, information collection over the five-year acting on their behalf) apply for at a time cost of $0.68 for SENTRI period of analysis. In the first year membership in a trusted traveler applicants and $1.57 for Global Entry (2019), CBP estimates that this rule’s program after a parent or legal guardian applicants based on their respective new information collection would cost has already joined a trusted traveler hourly time values of $20.40 and minors (or parents/legal guardians program. As such, CBP estimates that $47.10.37 38 Using the projected number acting on their behalf) $5,881. Table 6 only two percent of the projected minor of minor SENTRI and Global Entry shows the number of minor SENTRI and SENTRI and Global Entry applicants applicants subject to the new Global Entry applicants required to shown in Table 5 would be subject to information collection and the submit the name and trusted traveler the rule’s proposed application estimated time costs to complete the number of their parents or legal information collection requiring the new information collection, CBP guardians and their annual cost to submission of the name and trusted estimates that it would cost minors (or complete this proposed information traveler number of an applicant’s parent parents/legal guardians acting on their collection.

TABLE 6—TOTAL COST TO COMPLETE THE PROPOSED INFORMATION COLLECTION FOR MINORS, 2019–2023 [Undiscounted 2019 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

2019 ...... 785 3,406 $534 $5,347 $5,881 2020 ...... 832 4,462 566 7,005 7,571 2021 ...... 882 5,845 600 9,177 9,776 2022 ...... 935 7,657 636 12,021 12,657 2023 ...... 991 10,030 674 15,747 16,421

Total ...... 4,425 31,400 3,009 49,298 52,307 Note: Totals may not sum due to rounding.

Total Costs TABLE 7—TOTAL MONETIZED PRESENT when a parent or legal guardian is either VALUE AND ANNUALIZED COSTS OF a member of or concurrently applying Table 7 summarizes the costs of this for SENTRI. Table 8 shows the historical rule for minors to apply to the SENTRI RULE, 2019–2023—Continued [2019 U.S. dollars] approved adult SENTRI applicants from and Global Entry programs after their 2013 to 2018.39 CBP notes that the data parent or legal guardian has already presented in Table 8 for 2018 is a done so. Altogether, this rule would 3% 7% Discount Discount projection and not actual data. CBP impose a total discounted cost on rate rate minors from 2019 to 2023 of $44,356 in based the 2018 approved adult SENTRI present value and $10,110 on an Annualized Cost 10,307 10,110 applications figure on the CAGR of annualized basis (using a 7 percent approved adult SENTRI applications Note: The estimates in this table are contin- between 2013 and 2017, which is equal discount rate and 2019 U.S. dollars). gent upon CBP’s projections as well as the discount rates applied. to nine percent, applied to the actual TABLE 7—TOTAL MONETIZED PRESENT number of approved adult SENTRI 4. Distributional Impacts VALUE AND ANNUALIZED COSTS OF applications in 2017. RULE, 2019–2023 a. SENTRI [2019 U.S. dollars] Under the proposed rule, the SENTRI fee would decrease from $122.25 to 3% 7% $120, the entire SENTRI fee would be Discount Discount rate rate required to be paid when submitting a SENTRI program application, and all Present Value minors under the age of 18 would be Cost ...... $48,620 $44,356 exempt from the SENTRI program fee

37 $20.40 hourly time value for SENTRI modes for SENTRI applicants because SENTRI Conducting Economic Evaluations Revision 2 (2016 applicants x 0.0333-hour time burden to complete members use the program to travel to the United Update). ‘‘Table 4 (Revision 2—2016 Update): new information collection = $0.68 (rounded); States by land. CBP bases the $47.10 hourly time Recommended Hourly Values of Travel Time $47.10 hourly time value for Global Entry value for Global Entry applicants on the DOT’s Savings.’’ September 27, 2016. Available at https:// applicants x 0.0333-hour time burden to complete hourly time value of $47.10 for all-purpose, www.transportation.gov/sites/dot.gov/files/docs/ intercity travel by air and high-speed rail. CBP used new information collection = $1.57 (rounded). 2016%20Revised%20Value%20of this hourly time value for all-purpose, intercity 38 %20Travel%20Time%20Guidance.pdf. Accessed CBP bases the $20.40 hourly time value for travel by air and high-speed rail for Global Entry SENTRI applicants on the U.S. Department of applicants because Global Entry members primarily August 14, 2019. Transportation’s (DOT) hourly time value of $20.40 use the program to travel to the United States by 39 Source: Email correspondence with CBP’s for all-purpose, intercity travel by surface modes air. Source: U.S. Department of Transportation, Office of Field Operation on May 23, 2018. CBP (except high-speed rail). CBP used this hourly time Office of Transportation Policy. The Value of Travel notes that the data presented in Table 8 for 2018 value for all-purpose, intercity travel by surface Time Savings: Departmental Guidance for is a projection and not actual data.

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TABLE 8—HISTORICAL APPROVED The proposed SENTRI program fee decreased transfer payments from ADULT SENTRI APPLICANTS, 2013– decrease would save individuals 18 SENTRI applicants to the U.S. 2018 years of age or older $2.25 over a five- Government of approximately year period (an average of $0.45 per $1,463,351 ($292,670 per year on Total SENTRI year) when they either apply for average) over the five-year period of enrollment SENTRI for the first time or renew their analysis (650,378 estimated SENTRI applications Year approved SENTRI membership. Using the above applications * $2.25 proposed fee applicants age historical data in Table 8 and the nine decrease = $1,463,351). This is shown in 18 or older percent CAGR of approved adult Table 9 below. CBP notes that the SENTRI applications between 2013 and SENTRI program is a voluntary program 2013 ...... 65,489 2014 ...... 61,982 2017, CBP estimates that over the five- and each renewing or prospective 2015 ...... 55,209 year period of analysis from 2019 to participant must determine if the 2016 ...... 88,163 2023, 650,378 adults (130,076 adults per benefits of dedicated CBP processing 2017 ...... 91,468 year on average) would either join the into the United States would equal or 2018 * ...... 99,700 SENTRI program or renew their exceed the costs of the program. CBP memberships. Based on these projected compares these benefits and costs below Total ...... 462,011 memberships, CBP estimates that the in section ‘‘V. A. 8. Benefits and * Projection. proposed fee decrease would result in Breakeven Analysis.’’

TABLE 9—DECREASE IN TRANSFER PAYMENTS FROM ADULT SENTRI APPLICANTS TO CBP AS A RESULT OF THE RULE, 2019–2023 [Undiscounted 2019 U.S. dollars]

Approved Transfers Transfers adult SENTRI based on based on Decrease in Year enrollment current fee of proposed fee transfers from applications $122.25 of $120 applicants

2019 ...... 108,673 $13,285,274 $13,040,760 $244,514 2020 ...... 118,454 14,481,002 14,214,480 266,522 2021 ...... 129,115 15,784,309 15,493,800 290,509 2022 ...... 140,735 17,204,854 16,888,200 316,654 2023 ...... 153,401 18,753,272 18,408,120 345,152

Total ...... 650,378 79,508,711 78,045,360 1,463,351 Note: Totals may not sum due to rounding.

In addition to decreasing the fee for conditional approval would see an annual average over the last 10 years as the SENTRI program, CBP is proposing $80.50 increase in price ([$120 proposed a projection of SENTRI applicants who to require that the entire fee be paid SENTRI fee—$39.50 current SENTRI would not receive a conditional when submitting an application. application fee] = $80.50). As previously approval over the period of analysis, Currently, renewing and prospective mentioned, this new fee does not and assuming that these applicants are SENTRI participants are only required include any costs related to DCLs adults, CBP estimates that SENTRI to pay a $25 application fee and a because the technology deployed and applicants who do not receive a $14.50 FBI fingerprinting fee, for a total costs associated with the creation of conditional approval would transfer up of $39.50, when submitting a SENTRI DCLs is no longer necessary and CBP to an additional $1,891,750 to the U.S. program application and an applicant is plans to eliminate the fee with this rule. Government with this rule between not responsible for the remaining fee CBP estimates that over the last 10 2019 and 2023, or $378,350 per year component ($82.75 DCL fee) if he or she years, an average of approximately 4,700 (4,700 SENTRI applicants not receiving does not receive a conditional approval. individuals per year did not receive a a conditional approval * $80.50 = Under the proposed rule, a SENTRI conditional approval when applying for $378,350 * 5 years = $1,891,750). This applicant who does not receive a the SENTRI program.40 Using this is shown in Table 10 below.

40 Source: Email correspondence with CBP’s Office of Field Operations on May 23, 2018.

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TABLE 10—POTENTIAL INCREASE IN TRANSFER PAYMENTS FROM ADULT SENTRI APPLICANTS TO CBP AS A RESULT OF THE RULE, 2019–2023 [Undiscounted 2019 U.S. dollars] *

Transfer Transfer SENTRIapplications based on based on Increase in Year without conditional current fee of proposed fee transfers from approval $39.50 of $120 applicants

2019 ...... 4,700 $185,650 $564,000 $378,350 2020 ...... 4,700 185,650 564,000 378,350 2021 ...... 4,700 185,650 564,000 378,350 2022 ...... 4,700 185,650 564,000 378,350 2023 ...... 4,700 185,650 564,000 378,350

Total ...... 23,500 928,250 2,820,000 1,891,750 * 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 proposes to exempt all would exempt all minors under 18 years SENTRI applicants under 18 years of minors under 18 years of age from of age from the SENTRI fee as long as age would largely be exempt from the paying the SENTRI fee when a parent or one parent or legal guardian is a SENTRI fee because of the existing legal guardian is a member of or member of or concurrently applying for SENTRI fee exemptions for minors, this concurrently applies for SENTRI. As SENTRI. CBP’s SENTRI database does rule’s fee exemption for minors would shown in Table 3, CBP currently places not track which participants have family have no impact on transfer payments a cap on the maximum amount a family members that also participate in the between minor SENTRI applicants and is required to pay for the application program. As such, CBP is unable to CBP during the period of analysis. CBP and DCL components of the SENTRI determine how many families would presents two examples below in Table program fee. For the purposes of the benefit, or the extent to which they 11 to illustrate the possible savings that SENTRI program, a family is considered would benefit, from the proposed a family may receive under the to be a father, mother, and minors under change. However, assuming that in the proposed rule. 18 years of age. This proposed rule absence of this rulemaking, future

TABLE 11—ILLUSTRATIVE EXAMPLES OF THE PROPOSED SENTRI PROGRAM SAVINGS

Change from current Example Fee structure Cost fee structure

A mother and one 14-year-old minor child apply Current ...... $244.50 ...... No change. for the SENTRI program. ([2 individuals * $25 application fee = $50] + [2 individuals * $82.75 DCL fee = $165.50 ] + [2 individuals * $14.50 FBI fingerprinting fee = $29] = $244.50). Proposed ..... $120 ...... Savings of $124.50 ([1 adult * $120 proposed SENTRI program fee] ($244.50¥$120 = + [1 minor under 18 years of age * $0 pro- $124.50). posed SENTRI program fee] = $120). A family of four comprising a mother, father, and Current ...... $273.50 ...... No change. two 14-year-old minor children apply for the ([4 individuals * $25 application fee = $50 family SENTRI program. cap] + [4 individuals * $82.75 DCL fee = $165.50 family cap] + [4 individuals * $14.50 FBI fingerprinting fee = $58] = $273.50). Proposed ..... $240 ...... Savings of $28 ([2 adult * $120 proposed SENTRI program fee] ($268¥$240 = $28). + [2 minors under 18 years of age * $0 pro- posed SENTRI program fee] = $240).

b. Global Entry $100 to $120 and all minors under 18 or is concurrently applying for Global Under the proposed rule, the Global years of age would be exempt from the Entry. Table 12 below details the Entry program fee would increase from Global Entry program fee when a parent or legal guardian is either a member of

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historical approved adult Global Entry The proposed Global Entry program of $312,040,120 from 2019 to 2023 applications from 2013 to 2018.41 fee increase would cost individuals 18 (15,602,006 estimated Global Entry years of age or older an additional $20 applicants * $20 proposed fee increase TABLE 12—HISTORICAL APPROVED over a five-year period (an additional $4 = $312,040,120). In 2019, the proposed ADULT GLOBAL ENTRY APPLICA- per year) when they either apply for the fee increase would result in an TIONS, 2013–2018 Global Entry trusted traveler program increased transfer payment of for the first time or renew their Global $39,535,620. This is shown in Table 13 Total approved Entry membership. Considering the below. CBP notes that the Global Entry adult GE Year above historical data in Table 12 and the program is a voluntary program and enrollment 23 percent CAGR of approved adult applications each renewing or prospective Global Entry applications between 2013 participant must determine if the and 2017, CBP estimates that 15,602,006 2013 ...... 566,180 benefits of dedicated CBP processing 2014 ...... 732,145 adults (3,120,401 adults per year) would 2015 ...... 769,785 either renew or apply to join the Global into the United States would equal or 2016 ...... 1,153,818 Entry program over the period of exceed the costs of the program. CBP 2017 ...... 1,306,617 analysis. Using this figure, CBP compares these benefits and costs below 2018 * ...... 1,607,139 estimates that the proposed fee increase in section ‘‘V. A. 8. Benefits and would result in an increased transfer Breakeven Analysis.’’ Total ...... 6,135,684 payment from Global Entry applicants * Projection. to the U.S. Government (namely, CBP)

TABLE 13—INCREASE IN TRANSFER PAYMENTS FROM ADULT GLOBAL ENTRY APPLICANTS TO CBP AS A RESULT OF THE RULE, 2019–2023 [Undiscounted 2019 U.S. dollars]

Approved Transfer Transfer adult Global based on based on Increase in Year Entry current fee of proposed fee transfers from applications $100 of $120 applicants

2019 ...... 1,976,781 $197,678,100 $237,213,720 $39,535,620 2020 ...... 2,431,440 243,144,000 291,772,800 48,628,800 2021 ...... 2,990,672 299,067,200 358,880,640 59,813,440 2022 ...... 3,678,526 367,852,600 441,423,120 73,570,520 2023 ...... 4,524,587 452,458,700 542,950,440 90,491,740 Total ...... 15,602,006 1,560,200,600 1,872,240,720 312,040,120 Note: Totals may not sum due to rounding.

This rule also proposes to exempt all would benefit, from the proposed possible savings that a family may minors under 18 years of age from the change. However, assuming that all receive under the proposed rule. Table Global Entry fee when a parent or legal minor Global Entry applicants would be 15 shows the potential decrease in guardian is a participant in or exempt from the applicant fee based on transfer payments from minor Global concurrently applies for Global Entry. their parent or legal guardian’s Entry applicants to CBP as a result of Currently, all Global Entry applicants concurrent application or membership, this rule under the assumption that all are required to pay the full $100 fee. this fee change would affect up to minor Global Entry applicants would be CBP’s Global Entry database does not 1,569,955 minor Global Entry applicants exempt from the applicant fee with this track which participants have family (see Table 5) and result in a maximum rule based on their parent or legal members that also participate in the of $156,995,500 in fee savings to these guardian’s concurrent Global Entry program. As such, CBP is unable to applicants (and their respective application or membership. determine how many families would families). CBP presents the example benefit, or the extent to which they below in Table 14 to illustrate the

TABLE 14—ILLUSTRATIVE EXAMPLE OF THE PROPOSED GLOBAL ENTRY PROGRAM SAVINGS

Change from current Example Fee structure Cost fee structure

A mother and one 14-year-old minor child apply Current ...... $200 ...... No change. for the Global Entry program. ([1 adult * $100 current Global Entry program fee] + [1 minor under 18 years of age * $100 current Global Entry program fee] = $200). Proposed ..... $120 ...... Savings of $80 ([1 adult * $120 proposed Global Entry program ($200¥$120 = $80). fee] + [1 minor under 18 years of age * $0 pro- posed Global Entry program fee] = $120).

41 Source: Email correspondence with CBP’s 2018 approved adult Global Entry applications of approved adult Global Entry applications in Office of Field Operation on May 23, 2018. CBP figure on the CAGR of approved adult Global Entry 2017. notes that the data presented in Table 12 for 2018 applications between 2013 and 2017, which is is a projection and not actual data. CBP based the equal to 23 percent, applied to the actual number

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TABLE 14—ILLUSTRATIVE EXAMPLE OF THE PROPOSED GLOBAL ENTRY PROGRAM SAVINGS—Continued

Change from current Example Fee structure Cost fee structure

A family of four comprising two adults and two Current ...... $400 ...... No change. minor children under 18 years of age apply for ([2 adults * $100 current Global Entry program the Global Entry program. fee] + [2 minors under 18 years of age * $100 current Global Entry program fee] = $400). Proposed ..... $240 ...... Savings of $160 ([2 adults * $120 proposed Global Entry program ($400¥$240 = $160). fee] + [2 minors under 18 years of age * $0 proposed 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, 2019–2023 [Undiscounted 2019 U.S. dollars]

Transfer Transfer Potential Minor Global based on based on decrease in Year Entry current fee of proposed fee transfers from applicants $100 of $0 applicants

2019 ...... 170,292 $17,029,200 $0 $17,029,200 2020 ...... 223,083 22,308,300 0 22,308,300 2021 ...... 292,238 29,223,800 0 29,223,800 2022 ...... 382,832 38,283,200 0 38,283,200 2023 ...... 501,510 50,151,000 0 50,151,000 Total ...... 1,569,955 156,995,500 0 156,995,500 Note: Totals may not sum due to rounding.

5. Total Monetized Decrease in Transfer Entry applicants to CBP as a result of the U.S. Government from 2019 to 2023 Payments to U.S. Government this proposed rule (see Table 9 and ranging from $134.2 million to $147.2 Table 15). Altogether, this rule could million in present value and $30.6 Table 16 summarizes the total result in a total discounted decrease in million to $31.2 million on an monetized decrease in transfer monetized transfer payments from annualized basis, depending on the payments from the SENTRI and Global SENTRI and Global Entry applicants to 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, 2019–2023 [2019 U.S. dollars]

3% Discount 7% Discount rate rate

Present Value Decrease in Transfer Payment ...... $147,200,595 $134,182,870 Annualized Decrease in Transfer Payment ...... 31,205,750 30,585,003 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 Entry applicants to CBP as a result of 2019 to 2023 (see Table 10 and Table Payments to U.S. Government this proposed rule. Altogether, this rule 13) ranging from $268.0 million to could result in a total discounted $292.6 million in present value and Alternatively, Table 17 summarizes increase in monetized transfer payments $61.1 million to $62.0 million on an the total monetized increase in transfer from SENTRI and Global Entry annualized basis, depending on the payments from the SENTRI and Global applicants to the U.S. Government from 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, 2019—2023 [2019 U.S. dollars]

3% Discount 7% Discount rate rate

Present Value Increase in Transfer Payments ...... $292,640,852 267,977,547 Annualized Increase in Transfer Payments ...... $62,038,318 61,081,523 Note: The estimates in this table are contingent upon CBP’s projections as well as the discount rates applied.

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7. Net Transfer Payments to U.S. applicants to the U.S. Government could range from approximately $133.8 Government (namely, CBP). As shown, the total million to $145.4 million. The monetized present value net transfer annualized net transfer payment could Table 18 illustrates the potential payment of this rule from applicants to measure between $30.5 million and monetized net transfer payments of this the U.S. Government over the five-year $30.8 million over the period of rule from SENTRI and Global Entry period of analysis from 2019 to 2023 analysis.

TABLE 18—TOTAL POTENTIAL MONETIZED PRESENT VALUE AND ANNUALIZED NET TRANSFER PAYMENTS OF RULE, 2019– 2023 [2019 U.S. dollars]

3% Discount rate 7% Discount rate Present value Annualized Present value Annualized

Total Decrease in Transfer Payments from Applicants to CBP ...... $147,200,595 $31,205,750 $134,182,870 $30,585,003 Total Increase in Transfer Payments from Applicants to CBP ...... 292,640,852 62,038,318 267,977,547 61,081,523 Total Net Transfer Payments from Applicants to CBP ...... 145,440,257 30,832,568 133,794,677 30,496,520 Note: The estimates in this table are contingent upon CBP’s projections as well as the discount rates applied.

8. Benefits and Breakeven Analysis however, would not confer additional 14 crossings, GAO observed 11 CBP is proposing to exempt all minors benefits to trusted traveler program crossings where vehicles experienced a under 18 years of age from paying the participants because they are currently time savings of at least 15 minutes (0.25 trusted traveler program fee when a operational. As such, these proposed hours) when crossing the U.S.–Mexico parent or legal guardian is a member of changes are not analyzed in this border compared to vehicles in or concurrently applying for analysis. traditional lanes. Considering these membership in the same program to Lastly, CBP is proposing a observed time savings and the assumed which the minor is applying. Currently, harmonized membership fee of $120 for $20.40 hourly time value for SENTRI minors applying for the Global Entry the SENTRI, Global Entry, and NEXUS applicants, CBP estimates that a SENTRI program are required to pay the full trusted traveler programs.42 Although participant saves approximately $5.10 $100 program fee. Minors applying for the trusted traveler programs all offer per crossing ($20.40 estimated hourly the SENTRI program, however, may be nearly reciprocal benefits with each time value * 0.25 hours of time savings exempt from certain SENTRI fee other, the current SENTRI, Global Entry, = $5.10). Based on these time cost components (see Table 3). In addition, and NEXUS fees are $122.25, $100, and savings per crossing, CBP estimates that to lessen the financial burden for $50, respectively. In addition to leading a SENTRI participant 18 years of age or families applying to the SENTRI trusted to potential confusion and charging of older must make five crossings per year traveler program, CBP currently places a different prices for nearly the same for the benefits of the SENTRI program cap on the maximum amount that a product for prospective and renewing to equal the cost of membership over the family is required to pay for the trusted traveler program members, these five-year period of analysis ($120 application and DCL components of the different fees are no longer sufficient to SENTRI fee ÷ 5 years of membership = SENTRI program fee. The maximum recover CBP’s costs to administer the $24 membership cost per year; $24 caps are $50 and $165.50, respectively. programs. While not easily quantifiable, membership cost per year ÷ $5.10 For the purposes of the SENTRI if finalized, the proposed fee estimated savings per crossing = 5 program, CBP considers a family to be harmonization would allow individuals crossings per year (rounded up)).44 This a father, mother, and minors under 18 to choose the trusted traveler program compares to the five crossings currently years of age. that meets their travel needs best rather required under the baseline ($122.25 This proposed fee exemption for than choosing a program based on the current SENTRI fee ÷ 5 years of minors is a reduction in a transfer cost. Additionally, the harmonized fee membership = $24.45 membership cost payment. As such, this proposal is not would ensure that a reasonable portion per year; $24.45 membership cost per considered a benefit of this rule to of the CBP costs are recovered and that year ÷ $5.10 estimated savings per society. CBP does recognize, however, costs are more equitably distributed arrival = 5 crossings per year (rounded that the proposed fee changes may have between all the trusted traveler program up)). a positive distributional impact on participants now that each program has GAO found that the average time individuals and families applying or nearly reciprocal benefits with the other savings for travelers using Global Entry renewing their membership in either the programs. kiosks is 10 minutes (0.1667 hours) to SENTRI or Global Entry trusted traveler The U.S. Government Accountability 27 minutes (0.45 hours). As referenced program. In order to inform stakeholders Office (GAO) conducted a review of the above, using DOT’s guidance, CBP of all potential effects of the proposed SENTRI, NEXUS, and Global Entry estimates a Global Entry applicant’s rule, CBP has analyzed the trusted traveler programs.43 During this hourly time value to be $47.10 per hour. distributional effects of the proposed review, GAO observed 14 border Using this estimate and the minimum rule in section ‘‘V. A. 4. Distributional crossings with SENTRI lanes. Of these Global Entry time savings identified by Impacts.’’ GAO, CBP estimates that Global Entry With this rule, CBP is also proposing 42 As discussed above, CBP will be issuing a to codify Global Entry benefits that have separate Federal Register notice to change the 44 This document does not propose changes to the previously been implemented. These NEXUS fee to $120. current application and the interview process. 43 Trusted Travelers: Programs Provide Benefits, Accordingly, these estimates do not account for the benefits allow the use of Global Entry in but Enrollment Processes Could Be Strengthened; opportunity cost associated with applying and U.S. territories and preclearance available at: http://www.gao.gov/products/GAO-14- interviewing for the SENTRI trusted traveler facilities. These proposed changes, 483. program.

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participants save at least $7.85 per this cost would result in a significant applicants under 18 years of age. CBP arrival ($47.10 estimated hourly time economic impact. For these reasons, estimates that this rule would result in value * 0.1667 hours of minimum time CBP certifies that the proposed rule an additional 2-minute time burden on savings = $7.85). Based on these would not have a significant economic minors under 18 years of age applying minimum time cost savings per arrival, impact on a substantial number of small for membership in either the SENTRI or CBP estimates that a Global Entry entities. Global Entry trusted traveler program participant 18 years of age or older must C. Unfunded Mandates Reform Act of whose parent or legal guardian is make four arrivals per year for the 1995 already a member of the same program benefits of the Global Entry program to to submit his or her parent’s or legal equal the cost of membership ($120 This rule will not result in the guardian’s name and trusted traveler Global Entry fee ÷ 5 years of expenditure by State, local, and tribal number. CBP estimates that this would membership = $24 membership cost per governments, in the aggregate, or by the affect 785 minor SENTRI applicants and year; $24 membership cost per year ÷ private sector, of $100 million or more 3,406 minor Global Entry applicants $7.85 estimated savings per arrival = 4 in any one year (adjusted for inflation), annually and result in an additional 138 arrivals per year (rounded up)).45 This and it will not significantly or uniquely burden hours. compares to the three arrivals currently affect small governments. Therefore, no This new, proposed information required under the baseline ($100 actions are necessary under the collection requirement will result in the current Global Entry fee ÷ 5 years of provisions of the Unfunded Mandates following revision of additional burden membership = $20 membership cost per Reform Act of 1995. hours to the SENTRI information ÷ year; $20 membership cost per year D. Executive Order 13132 collection: $7.85 estimated savings per arrival = 3 Estimated number of respondents arrivals per year (rounded up)). The rule will not have substantial annually: 785. direct effects on the States, on the Estimated average annual burden per B. Regulatory Flexibility Act relationship between the National respondent: 0.033 hours. This section examines the impact of Government and the States, or on the Estimated total annual reporting the rule on small entities as required by distribution of power and burden: 26. the Regulatory Flexibility Act (5 U.S.C. responsibilities among the various The addition of these burden hours 601 et. seq.), as amended by the Small levels of government. Therefore, in will revise the total burden associated Business Regulatory Enforcement and accordance with section 6 of Executive with the SENTRI application to 84,878. Fairness Act of 1996 (SBREFA). A small Order 13132, this rule does not have These new, proposed requirements entity may be a small business (defined sufficient federalism implications to will result in the following revision of as any independently owned and warrant the preparation of a federalism additional burden hours for the Global operated business not dominant in its summary impact statement. Entry information collection: field that qualifies as a small business E. Paperwork Reduction Act Estimated number of respondents per the Small Business Act); a small not- annually: 3,406. An agency may not conduct or for-profit organization; or a small Estimated average annual burden per sponsor, and a person is not required to governmental jurisdiction (locality with respondent: 0.033 hours. respond to, a collection of information Estimated total annual reporting fewer than 50,000 people). unless it displays a valid control If finalized, the rule will directly burden: 112. number assigned by OMB. The regulate individuals who are primarily The addition of these burden hours collections of information for the not considered small entities under the will revise the total burden associated SENTRI and Global Entry applications Regulatory Flexibility Act, as amended with the Global Entry application to are approved by OMB in accordance by SBREFA. However, a small number 947,782. with the Paperwork Reduction Act (44 of individuals may obtain the rule’s These proposed regulations change U.S.C. 3507) under control number trusted traveler benefit as a sole the SENTRI fee from $122.25 to $120 for 1651–0121.47 The proposals contained adults and certain minors and reduce proprietor. When choosing to re-enroll in these regulations under 8 CFR part in the SENTRI or Global Entry programs the fee for minors from the fee currently 235 revise the collection of information applicable under the family option plan once this rule is in effect, these sole by requiring electronic submission of proprietors must determine if the to zero when a parent or legal guardian the SENTRI application and propose is a participant in or concurrently benefit of receiving dedicated CBP eliminating paper Form 823S. processing still meets or exceeds the applying for SENTRI. CBP is also Additionally, this proposed regulation proposing to require that the entire fee cost of joining one of these programs. If would require a minor under 18 years an individual voluntarily chooses to be paid when submitting an application. of age applying for membership in Currently, renewing and prospective join the SENTRI or Global Entry either the SENTRI or Global Entry programs as a sole proprietor under this SENTRI participants are only required trusted traveler program whose parent to pay a $25 application fee and a rule and he/she is approved for or legal guardian is already a member of membership, he/she would incur a $14.50 FBI fingerprinting fee, for a total the same program to submit his or her of $39.50, when submitting a SENTRI maximum cost of $20 per year (based on parent’s or legal guardian’s name and the new Global Entry enrollment fee program application and an applicant is trusted traveler number. not responsible for the remaining fee change from $100 to $120 for adult OMB approved collection 1651–0121 applicants).46 CBP does not believe that component ($82.75 DCL fee) if he or she will be amended to reflect the does not receive a conditional approval. additional SENTRI and Global Entry 45 This document does not propose changes to the Under the proposed rule, a SENTRI current application and interview process. information collections for minor applicant who does not receive a Accordingly, these estimates do not account for the conditional approval would see an opportunity cost associated with applying and see an $80.50 increase in price compared to the $80.50 increase in price ([$120 proposed baseline. interviewing for the Global Entry trusted traveler SENTRI fee—$39.50 current SENTRI program. 47 The changes to the NEXUS program are exempt 46 Under the proposed rule, a SENTRI applicant from the PRA requirements pursuant to 8 U.S.C. application fee] = $80.50). The total who does not receive a conditional approval would 1753(c). annual estimated costs associated with

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the SENTRI fee that is currently shared with other government and law PART 103—IMMIGRATION BENEFITS; approved by OMB under control enforcement agencies in accordance BIOMETRIC REQUIREMENTS; number 1651–0121 is $15,482,351. with applicable laws and regulations, AVAILABILITY OF RECORDS Under these proposed regulations, the including as described in the Privacy total annual estimated costs associated Act system of records notice for GES ■ 1. The authority citation for part 103 with the SENTRI fee could be (Department of Homeland/U.S. Customs is revised to read as follows: $15,616,187, which reflects an increase and Border Protection—002 Global Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C. of $133,836.48 Enrollment System (GES) System of 1101, 1103, 1304, 1356, 1365b; 1372; 31 These proposed regulations also Records, 78 FR 3441 (Jan. 16, 2013), U.S.C. 9701; 48 U.S.C. 1806; Public Law 107– change the Global Entry fee from $100 available at http://www.gpo.gov/fdsys/ 296, 116 Stat. 2135 (6 U.S.C. 1 et seq.), E.O. to $120 for adults and certain minors (8 pkg/FR-2013-01-16/html/2013- 12356, 47 FR 14874, 15557, 3 CFR, 1982 CFR 235.12 and 8 CFR 103.7) and Comp., p. 166; 8 CFR part 2, Pub. L. 112–54, 00804.htm and http://www.dhs.gov/ 125 Stat 550; 31 CFR part 223. reduce the fee for certain minors from system-records-notices-sorns. CBP ■ $100 to zero when a parent or legal provides additional information about 2. Amend § 103.7 as follows: ■ guardian is a participant in or GES and its CBP trusted traveler a. Removing and reserving paragraph concurrently applying for Global Entry programs in its Privacy Impact (b)(1)(ii)(A) ■ b. Adding a new sentence at the end (8 CFR 235.12 and 8 CFR 103.7). The Assessment (PIA) for GES, DHS/CBP/ total annual estimated costs associated of paragraph (b)(1)(ii)(G); PIA—002 Global Enrollment System, ■ with Global Entry that is currently c. Revising paragraph (b)(1)(ii)(M); and subsequent updates, available at ■ d. Adding a new paragraph approved by OMB under control https://www.dhs.gov/publication/global- number 1651–0121 is $141,443,400. (b)(1)(ii)(P). enrollment-system-ges. Applicants’ The additions and revision read as Under these proposed regulations, the biometric information (fingerprints, follows: total annual estimated costs associated photographs) submitted as part of a GES with the Global Entry fee could be application are stored in the DHS § 103.7 Fees. $163,949,820, which reflects an increase biometric repository, DHS Automated * * * * * 49 of $22,506,420. Biometric Identification System (b) * * * Comments concerning the collections (IDENT). DHS has provided information (1) * * * of information should be directed to the about IDENT in the Privacy Impact (ii) * * * Border Security Regulations Branch, Assessment for the Automated (A) [Reserved]. Regulations and Rulings, U.S. Customs Biometric Identification System * * * * * and Border Protection, 90 K Street, NE (IDENT), DHS/NPPD/PIA—002 (Dec. 7, (G) * * * For the SENTRI program, (10th Floor), Washington, DC 20229. 2012), and Appendices, available at see paragraph (b)(1)(ii)(P) of this section. F. Privacy https://www.dhs.gov/publication/ * * * * * (M) Global Entry. For filing an CBP generally requires travelers to dhsnppdpia-002-automated-biometric- application for Global Entry—$120. apply for membership in a CBP trusted identification-system. Minors under the age of 18 who apply traveler program, such as Global Entry G. Signature to the Global Entry program and NEXUS, through the TTP Systems concurrently with a parent or legal website (https://ttp.cbp.dhs.gov/). For The Acting Secretary of Homeland Security, Chad F. Wolf, having reviewed guardian, or whose parent or legal the SENTRI program, CBP accepts guardian is already a member of Global electronic applications through the TTP and approved this document, is delegating the authority to electronically Entry, are exempt from payment of the Systems website and paper applications application fee. (SENTRI Application, CBP Form 823S). sign this document to Chad R. Mizelle, CBP uses the cloud-based Trusted who is the Senior Official Performing * * * * * (P) SENTRI program. For filing an Traveler Program (TTP) System for the Duties of the General Counsel for application for the SENTRI program— online application to CBP programs; and DHS, for purposes of publication in the $120. Minors under the age of 18 who the use of the General Services Federal Register. apply to the SENTRI program Administration (GSA) Login.gov portal VI. List of Subjects concurrently with a parent or legal for identity authentication. CBP guardian, or whose parent or legal maintains trusted traveler information 8 CFR Part 103 guardian is already a member of in the Global Enrollment System (GES), Administrative practice and SENTRI, are exempt from payment of Trusted Traveler Program (TTP) System, procedure, Authority delegations the application fee. One vehicle may be and DHS Automated Biometric (Government agencies), Freedom of registered for use in the SENTRI lanes Identification System (IDENT). The information, Immigration, Privacy, during the initial application or renewal personally identifiable information Reporting and recordkeeping process at no additional charge. If an provided by the applicants, including requirements, Surety bonds. applicant or participant wishes to the fingerprint biometrics taken at the 8 CFR Part 235 register more than one vehicle for use in time of the personal interview, may be the SENTRI lanes, or the participant Administrative practice and registers his or her first vehicle after the 48 CBP’s trusted traveler databases do not track procedure, Aliens, Immigration, which participants have family members that also initial application or renewal process, Reporting and recordkeeping he or she will be assessed an additional participate in the program and would be exempt requirements. from the fee due to family membership fee caps. As fee of $42 for each vehicle. such, this may not reflect the actual costs of the VII. Proposed Amendments to the SENTRI fee to respondents. * * * * * 49 Regulations CBP’s trusted traveler databases do not track PART 235—INSPECTION OF PERSONS which participants have family members that also For the reasons set forth in the participate in the program and would be exempt APPLYING FOR ADMISSION from the fee due to family membership fee preamble, CBP proposes to amend 8 ■ exemptions. As such, this may not reflect the actual CFR parts 103 and 235 as set forth 3. The authority citation for part 235 costs of the Global Entry fee to respondents. below. is revised to read as follows:

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Authority: 6 U.S.C. 218 and note; 8 U.S.C. establish that the applicant can be (1) If an applicant is denied 1101 and note, 1103, 1158, 1182, 1183, 1185 considered low-risk. This risk participation in Global Entry, CBP will (pursuant to E.O. 13323, 69 FR 241, 3 CFR, determination will be based in part notify the applicant of the denial and 2004 Comp., p.278), 1185 note, 1201, 1224, upon an applicant’s ability to the reasons for the denial. CBP will also 1225, 1226, 1228, 1365a note, 1365b, 1379, 1731–32; 48 U.S.C 1806 and note.4. In demonstrate past compliance with laws, provide instructions regarding how to § 235.7, revise the heading and redesignate regulations, and policies. Reasons why proceed if the applicant wishes to seek paragraphs (a)(1)(ii) through (iv) as an applicant may not qualify for additional information as to the reason paragraphs (a)(1)(iii) through (v) and add participation include: for the denial. paragraph (a)(1)(ii) to read as follows: * * * * * (2) A Global Entry participant may be (c) Participating airports. The Global removed from the program for any of the § 235.7 Automated inspection services following reasons: (PORTPASS) Entry program allows participants dedicated CBP processing at the (i) CBP, at its sole discretion, (a) * * * determines that the participant has (1) * * * locations identified at www.cbp.gov. engaged in any disqualifying activities (i) * * * Expansions of the Global Entry program (ii) SENTRI program. Although the to new airports will be announced by under the Global Entry program as SENTRI program is a PORTPASS publication in the Federal Register and outlined in § 235.12(b)(2); program, all the parameters of the at www.cbp.gov. (ii) CBP, at its sole discretion, SENTRI program, including the (d) * * * determines that the participant provided eligibility requirements, application (2) Except for certain minors, all false information in the application and/ procedures, redress procedures, applicants must pay the non-refundable or during the application process; registration of vehicles, use of dedicated fee in the amount set forth at 8 CFR (iii) CBP, at its sole discretion, commuter lanes, and fee requirements 103.7(b)(1)(ii)(M) for ‘‘Global Entry’’. determines that the participant failed to are specified in 8 CFR 235.14. For Minors under the age of 18 who apply follow the terms, conditions, and purposes of the SENTRI program, 8 CFR to the Global Entry program requirements of the program; 235.14 supersedes the provisions of concurrently with a parent or legal (iv) CBP determines that the section 235.7. guardian, or whose parent or legal participant has been arrested or guardian is already a member of Global convicted of a crime or otherwise * * * * * determines, at its sole discretion, that ■ 5. Amend § 235.12 by revising Entry, are exempt from payment of the the participant no longer meets the paragraphs (a), (b)(2) introductory text, applicable fee. The fee is to be paid to program eligibility criteria; or (c), (d)(2), (3), (e)(1), (g), (h), (j) and (k) CBP at the time of application through (v) CBP, at its sole discretion, to read as follows: TTP Systems, https://ttp.cbp.dhs.gov, or other CBP-approved process. determines that such action is otherwise § 235.12 Global Entry program. (3) Every applicant accepted into necessary. (a) Program description. The Global Global Entry is accepted for a period of (3) CBP will notify the participant of Entry program is a voluntary 5 years provided participation is not his or her removal in writing. Such international trusted traveler program terminated by CBP prior to the end of removal is effective immediately. consisting of an integrated passenger the 5-year period. Each applicant may (4) An applicant or participant denied processing system that facilitates the apply to renew participation up to one or removed will not receive a refund, in movement of pre-approved air travelers year prior to the close of the whole or in part, of his or her into the United States by providing an participation period. application processing fee. alternate inspection process. In order to * * * * * (k) Redress. An individual whose participate, a person must meet the (e) * * * application is denied or whose participation is terminated has two eligibility requirements specified in this (1) After submitting the application, possible methods of redress. These section, apply in advance, undergo pre- the applicant will be notified by CBP processes do not create or confer any screening by CBP, and be accepted into that he or she needs to appear for a legal right, privilege or benefit on the the program. The Global Entry program personal interview. allows participants dedicated CBP applicant or participant, and are wholly * * * * * processing at selected airports identified discretionary on the part of CBP. The by CBP at www.cbp.gov. Participants in (g) Arrival Procedures. In order to methods of redress are: the Global Entry program may also be utilize the Global Entry program, each (1) DHS Traveler Redress Inquiry able to take advantage of certain benefits participant must: Program (DHS TRIP). The applicant/ of the Secure Electronic Network for (1) Proceed to Global Entry Processing participant may choose to initiate the Travelers Rapid Inspection (SENTRI) and follow all CBP instructions; and redress process through DHS Traveler and NEXUS programs. Please see http:// (2) Proceed to the nearest open Redress Program (DHS TRIP). An www.cbp.gov for additional information. primary inspection station if CBP applicant/participant seeking redress Participants will be processed through determines it is appropriate. may obtain the necessary forms and the use of CBP-approved technology (h) Application for Entry, information to initiate the process on that will include the use of biometrics Examination and Inspection. Each the DHS TRIP website at www.dhs.gov/ to validate identity and to perform successful use of Global Entry trip, or by contacting DHS TRIP by mail enforcement queries. constitutes a separate and completed at the address on this website. (b) * * * inspection and application for entry by (2) Ombudsman. Applicants (2) Disqualifying factors. An the participant on the date that Global (including applicants who were not individual is ineligible to participate in Entry is used. Global Entry participants scheduled for an interview at an Global Entry if CBP, at its sole may be subject to further CBP enrollment center) and participants may discretion, determines that the examination and inspection at any time contest a denial or removal by individual presents a potential risk for during the arrival process. submitting a reconsideration request to terrorism or criminality (such as * * * * * the CBP Trusted Traveler Ombudsman smuggling), or if CBP is unable to (j) Denial and removal. through TTP Systems, https://

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ttp.cbp.dhs.gov, or other CBP approved (iii) The applicant has been found in one year prior to the close of the process. violation of any customs, immigration, participation period. ■ 6. Add new § 235.14 to read as or agriculture regulations, procedures, (5) Each applicant may check the follows: or laws in any country; status of his or her application through (iv) The applicant is the subject of an his or her account with the application § 235.14 SENTRI program. investigation by any federal, state or system in use for the SENTRI program. (a) Program description. The Secure local law enforcement agency in any (d) Interview and enrollment. Electronic Network for Travelers Rapid country; (1) After submitting the application, Inspection (SENTRI) trusted traveler (v) The applicant is inadmissible to the applicant will be notified by CBP to program is a voluntary program that the United States under applicable schedule a personal interview at an allows certain pre-approved travelers immigration laws or has, at any time, enrollment center. dedicated processing at specified land been granted a waiver of inadmissibility (2) Each applicant must bring to the border ports along the U.S.–Mexico or parole; interview with CBP the original of the border. In order to participate, a person (vi) The applicant is known or identification document specified in his must meet the eligibility requirements suspected of being or having been or her application. During the interview, specified in this section, apply in engaged in conduct constituting, in CBP will collect biometric information advance, undergo pre-screening by CBP, preparation for, in aid of, or related to from the applicant (e.g., a set of and be accepted into the program. A terrorism; or fingerprints and/or digital photograph) SENTRI participant will be issued a (vii) The applicant cannot satisfy CBP to conduct background checks or as Radio Frequency Identification (RFID) of his or her low-risk status or meet otherwise required for participation in card or other CBP-approved document other program requirements. the program. that grants the individual access to (c) Program application. (3) CBP may provide for alternative (1) Each applicant must complete and specific, dedicated primary lanes enrollment procedures, as necessary, to submit the program application (SENTRI lanes). These lanes are facilitate enrollment and ensure an electronically through an approved identified at http://www.cbp.gov. A applicant’s eligibility for the program. application process as determined by SENTRI participant may utilize a (e) SENTRI lanes. A SENTRI CBP. The application and application vehicle in the dedicated SENTRI lanes participant is issued a Radio Frequency instructions for the SENTRI program are into the United States from Mexico only Identification (RFID) card or other CBP- available at www.cbp.gov. if the vehicle is approved by CBP for approved document. This RFID card or (2) During the application process, an other CBP-approved document will such purpose. Participants in the applicant must provide information on SENTRI program may also be able to grant the participant access to specific, any vehicle that will utilize the SENTRI dedicated primary lanes into the United take advantage of certain benefits of the lanes. The vehicle must be approved by Global Entry and NEXUS programs. States from Mexico (SENTRI lanes). CBP to utilize the dedicated SENTRI These lanes are identified at http:// Please see http://www.cbp.gov and lanes. There is no fee to register one www.cbp.gov for additional information. www.cbp.gov. A SENTRI participant vehicle for use in the SENTRI lanes, may utilize a vehicle in the dedicated (b) Program eligibility criteria. provided the vehicle is registered at the (1) Eligible individuals. Any SENTRI lanes into the United States time of initial application or at renewal. from Mexico only if the vehicle is individual may apply to participate in If the vehicle is registered after the the SENTRI program absent any of the approved by CBP for such purpose. initial application or renewal is filed, or (f) Denial and removal. disqualifying factors described in if an applicant or participant wishes to (1) If an applicant is denied paragraph (b)(2) of this section. Persons register more than one vehicle for use in participation in the SENTRI program, or under the age of 18 must have the the SENTRI lanes, he or she will be an applicant’s or participant’s vehicle is consent of a parent or legal guardian to assessed an additional fee in the amount not approved for use in the SENTRI participate in the SENTRI program and set forth at 8 CFR 103.7(b)(1)(ii)(P). The lanes, CBP will notify the applicant of provide proof of such consent in fee is to be paid to CBP at the time the the denial, and the reasons for the accordance with CBP instructions. vehicle is registered through TTP denial. CBP will also provide (2) Disqualifying factors. An Systems, https://ttp.cbp.dhs.gov, or instructions regarding how to proceed if individual is ineligible to participate in other CBP-approved process. the applicant wishes to seek additional the SENTRI program if CBP, at its sole (3) Except for certain minors, all other information as to the reason for the discretion, determines that the applicants must pay the non-refundable denial. individual presents a potential risk for fee in the amount set forth at 8 CFR (2) A SENTRI participant may be terrorism, criminality (such as 103.7(b)(1)(ii)(P) for the ‘‘SENTRI removed from the program for any of the smuggling), or CBP is unable to program’’. Minors under the age of 18 following reasons: establish that the applicant can be who apply concurrently with a parent or (i) CBP, at its sole discretion, considered low-risk. This risk legal guardian, or whose parent or legal determines that the participant has determination will be based in part guardian is already a member of engaged in any disqualifying activities upon an applicant’s ability to SENTRI, are exempt from payment of as outlined in § 235.14(b)(2); demonstrate past compliance with laws, the applicable fee. The fee is to be paid (ii) CBP, at its sole discretion, regulations, and policies. Reasons why to CBP at the time of application determines that the participant provided an applicant may not qualify for through TTP Systems, https:// false information in the application and/ participation include: ttp.cbp.dhs.gov, or other CBP-approved or during the application process; (i) The applicant provides false or process. (iii) CBP, at its sole discretion, incomplete information on his or her (4) Every applicant accepted into the determines that the participant failed to application; SENTRI program is accepted for a follow the terms, conditions and (ii) The applicant has been arrested period of 5 years provided participation requirements of the program; for, or convicted of, any criminal offense is not terminated by CBP prior to the (iv) CBP determines that the or has pending criminal charges or end of the 5-year period. Each applicant participant has been arrested or outstanding warrants in any country; may apply to renew participation up to convicted of a crime or otherwise

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determines, at its sole discretion, that SUMMARY: The FAA proposes to adopt a through Friday, except Federal holidays. the participant no longer meets the new airworthiness directive (AD) for The AD docket contains this NPRM, any program eligibility criteria; or certain ATR—GIE Avions de Transport comments received, and other (v) CBP, at its sole discretion, Re´gional Model ATR42–300, –320, and information. The street address for determines that such action is otherwise –500 airplanes; and all Model ATR72– Docket Operations is listed above. necessary. 101, –102, –201, –202, –211, –212, and Comments will be available in the AD (3) CBP will notify the participant of –212A airplanes. This proposed AD was docket shortly after receipt. his or her removal in writing. Such prompted by reports of defective seat FOR FURTHER INFORMATION CONTACT: removal is effective immediately. tracks. This proposed AD would require Shahram Daneshmandi, Aerospace (4) An applicant or participant denied a detailed visual inspection of each Engineer, Large Aircraft Section, or removed will not receive a refund, in affected part for deficiencies (sealant International Validation Branch, FAA, whole or in part, of his or her blockage and out of tolerance 2200 South 216th St., Des Moines, WA application fee. ligaments), and depending on findings, 98198; phone and fax: 206–231–3220; (g) Redress. An individual whose accomplishment of applicable corrective email: [email protected]. application is denied or whose actions, as specified in a European SUPPLEMENTARY INFORMATION: participation is terminated has two Union Aviation Safety Agency (EASA) possible methods for redress. These AD, which will be incorporated by Comments Invited processes do not create or confer any reference. The FAA is proposing this The FAA invites you to participate in legal right, privilege, or benefit on the AD to address the unsafe condition on this rulemaking by submitting written applicant or participant, and are wholly these products. comments, data, or views about this discretionary on the part of CBP. The DATES: The FAA must receive comments proposal. The most helpful comments methods of redress are: on this proposed AD by October 26, reference a specific portion of the (1) DHS Traveler Redress Inquiry 2020. proposal, explain the reason for any Program (DHS TRIP). The applicant/ ADDRESSES: You may send comments, recommended change, and include participant may choose to initiate the using the procedures found in 14 CFR supporting data. To ensure the docket redress process through DHS TRIP. An 11.43 and 11.45, by any of the following does not contain duplicate comments, applicant/participant seeking redress methods: commenters should submit only one may obtain the necessary forms and • Federal eRulemaking Portal: Go to copy of the comments. Send your information to initiate the process on https://www.regulations.gov. Follow the comments to an address listed under the the DHS TRIP website at www.dhs.gov/ instructions for submitting comments. ADDRESSES section. Include ‘‘Docket No. trip, or by contacting DHS TRIP by mail • Fax: 202–493–2251. FAA–2020–0790; Product Identifier at the address on this website. • Mail: U.S. Department of 2020–NM–077–AD’’ at the beginning of (2) Ombudsman. Applicants and Transportation, Docket Operations, M– your comments. The FAA will consider participants may contest a denial or 30, West Building Ground Floor, Room all comments received by the closing removal from the program or the denial W12–140, 1200 New Jersey Avenue SE, date and may amend this NPRM based or removal of their vehicle(s) for use in Washington, DC 20590. on those comments. the SENTRI lanes by submitting a • Hand Delivery: Deliver to Mail Except for Confidential Business reconsideration request to the CBP address above between 9 a.m. and 5 Information (CBI) as described in the Trusted Traveler Ombudsman through p.m., Monday through Friday, except following paragraph, and other TTP Systems, https://ttp.cbp.dhs.gov, or Federal holidays. information as described in 14 CFR other CBP approved process. For material that will be incorporated 11.35, the FAA will post all comments Chad R. Mizelle, by reference (IBR) in this AD, contact the FAA receives, without change, to Senior Official Performing the Duties of the the EASA, Konrad-Adenauer-Ufer 3, https://www.regulations.gov, including General Counsel, U.S. Department of 50668 Cologne, Germany; phone: +49 any personal information you provide. Homeland Security. 221 8999 000; email: ADs@ The FAA will also post a report [FR Doc. 2020–16369 Filed 9–8–20; 8:45 am] easa.europa.eu; internet: summarizing each substantive verbal BILLING CODE 9111–14–P www.easa.europa.eu. You may find this contact the FAA receives about this IBR material on the EASA website at NPRM. https://ad.easa.europa.eu. You may Confidential Business Information view this IBR material at the FAA, DEPARTMENT OF TRANSPORTATION Airworthiness Products Section, CBI is commercial or financial information that is both customarily and Federal Aviation Administration Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For actually treated as private by its owner. Under the Freedom of Information Act 14 CFR Part 39 information on the availability of this material at the FAA, call 206–231–3195. (FOIA) (5 U.S.C. 552), CBI is exempt [Docket No. FAA–2020–0790; Product It is also available in the AD docket on from public disclosure. If your Identifier 2020–NM–077–AD] the internet at https:// comments responsive to this NPRM www.regulations.gov by searching for contain commercial or financial RIN 2120–AA64 and locating Docket No. FAA–2020– information that is customarily treated 0790. as private, that you actually treat as Airworthiness Directives; ATR—GIE private, and that is relevant or Avions de Transport Re´gional Examining the AD Docket responsive to this NPRM, it is important Airplanes You may examine the AD docket on that you clearly designate the submitted AGENCY: Federal Aviation the internet at https:// comments as CBI. Please mark each Administration (FAA), DOT. www.regulations.gov by searching for page of your submission containing CBI and locating Docket No. FAA–2020– as ‘‘PROPIN.’’ The FAA will treat such ACTION: Notice of proposed rulemaking 0790; or in person at Docket Operations marked submissions as confidential (NPRM). between 9 a.m. and 5 p.m., Monday under the FOIA, and they will not be

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