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

Published date09 September 2020
Citation85 FR 55597
Record Number2020-16369
SectionProposed rules
CourtHomeland Security Department
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
Proposed Rules Federal Register
55597
Vol. 85, No. 175
Wednesday, September 9, 2020
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 103 and 235
[Docket No. USCBP–2020–0035]
RIN 1651–AB94
Harmonization of the Fees and
Application Procedures for the Global
Entry and SENTRI Programs and Other
Changes
AGENCY
: U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION
: Notice of proposed rulemaking.
SUMMARY
: U.S. Customs and Border
Protection (CBP) operates several
trusted traveler programs at land, sea
and air ports of entry into the United
States that allow certain pre-approved
travelers dedicated processing into the
United States, including the Secure
Electronic Network for Travelers Rapid
Inspection (SENTRI) program, the
Global Entry program, and the NEXUS
program. CBP seeks to harmonize the
fees and application procedures for
these three programs. In this document,
CBP proposes to change the Global
Entry and SENTRI application fees to a
uniform amount, provide a uniform
standard regarding the payment of the
Global Entry and SENTRI application
fees for minors, change the fee payment
schedule and certain aspects of the
application process for the SENTRI
program, and incorporate the SENTRI
program into the Department of
Homeland Security (DHS) regulations.
CBP also proposes to make changes to
the Global Entry regulations that are
consistent with the program’s expansion
to certain U.S. territories and
preclearance facilities. Finally, CBP
proposes to eliminate the separate
dedicated commuter lane systems costs
fee (DCL fee) currently applicable only
to approved SENTRI participants. CBP
will be issuing a separate notice in the
Federal Register regarding changes to
the NEXUS fee.
DATES
: Comments must be received on
or before November 9, 2020.
ADDRESSES
: Comments may be
submitted, identified by docket number
USCBP–2020–0035, by the following
method:
DFederal eRulemaking Portal: http://
www.regulations.gov. Follow the
instructions for submitting comments.
Due to COVID–19-related restrictions,
CBP has temporarily suspended its
ability to receive public comments by
mail.
Instructions: All submissions received
must include the agency name and
docket title for this rulemaking, and
must reference docket number USCBP–
2020–0035. All comments received will
be posted without change to http://
www.regulations.gov, including any
personal information provided. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Participation’’ heading of the
SUPPLEMENTARY INFORMATION
section of
this document.
Docket: For access to the docket to
read background documents or
comments received, go to: https://
www.regulations.gov. Due to relevant
COVID–19-related restrictions, CBP has
temporarily suspended its on-site public
inspection of submitted comments.
FOR FURTHER INFORMATION CONTACT
:
Rafael E. Henry, Branch Chief, Office of
Field Operations, (202) 344–3251,
Rafael.E.Henry@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION
:
Table of Contents
I. Public Participation
II. Executive Summary
III. Background
A. Global Entry Program—Current
Requirements
B. SENTRI Program—Current
Requirements
1. General Requirements
2. SENTRI Family Option Plans
C. NEXUS Program—Current Requirements
D. Summary of Benefits for the NEXUS,
SENTRI and Global Entry Programs
IV. Proposed Changes to Global Entry and
SENTRI Programs
A. Harmonizing the CBP Trusted Traveler
Programs
1. Proposal To Harmonize the Global Entry
and SENTRI Fees
2. Proposal To Exempt Certain Minors
From Payment of the Application Fee
B. Proposal To Establish a New Regulation
for the SENTRI Program
C. Additional Proposed Changes to the
SENTRI Program
1. Proposal To Change the Fee Payment
Schedule for the SENTRI Program
2. Proposal To Mandate Electronic
Submission of the SENTRI Program
Application and Payment of Fees
D. Additional Proposed Changes to the
Global Entry Program
1. 8 CFR 235.12(g)
2. 8 CFR 235.12(h)
3. Other Amendments to 8 CFR 235.12
E. Proposed Conforming Amendment to 8
CFR 103.7
V. Statutory and Regulatory Requirements
A. Executive Order 13563, Executive Order
12866 and Executive Order 13771
1. Purpose of the Rule
2. Background
3. Costs
4. Benefits
5. Distributional Impacts
6. Total Monetized Decrease in Transfer
Payments to U.S. Government
7. Total Monetized Increase in Transfer
Payments to U.S. Government
8. Net Transfer Payments to U.S.
Government
9. Breakeven Analysis
B. Regulatory Flexibility Act
C. Unfunded Mandates Reform Act of 1995
D. Executive Order 13132
E. Paperwork Reduction Act
F. Privacy
VI. List of Subjects
VII. Proposed Amendments to Regulations
I. Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects on the
proposed rule. CBP also invites
comments that relate to the economic or
federalism effects that might result from
this proposed rule. Comments that will
provide the most assistance to CBP in
developing the procedures related to the
subject matter of this rulemaking will
reference a specific portion of the
proposed rule, explain the reason for
any recommended change, and include
data, information, or authority that
support such recommended change.
II. Executive Summary
CBP operates several voluntary
trusted traveler programs that provide
dedicated processing travel privileges
for pre-approved travelers. Three of
CBP’s trusted traveler programs are the
Global Entry, NEXUS, and Secure
Electronic Network for Travelers Rapid
Inspection (SENTRI) programs. The
Global Entry program allows pre-
approved travelers dedicated CBP
processing at designated airports,
currently through the use of automated
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1
It should be noted that the NEXUS fee is split
between the United States and Canada. As a result,
the United States will only receive part of the
revenue necessary to recover its costs for the
NEXUS program. Please see the fee study entitled
‘‘CBP Trusted Traveler Programs Fee Study’’
included in the docket for this rulemaking (docket
number USCBP–2020–0035), for additional details.
2
The Free and Secure Trade (FAST) program is
another CBP trusted traveler program that allows
pre-approved commercial truck drivers dedicated
processing at select commercial ports of entry at the
northern and southern land borders. This program
has different vetting standards, is offered to a
different type of traveler, and does not have the
same benefits as the Global Entry, SENTRI, and
NEXUS programs. TSA Precheck is a DHS trusted
traveler program administered by the
Transportation Security Administration (TSA).
3
Alternatively, SENTRI applicants may currently
submit a paper application, Form 823S, via mail or
in person at the enrollment center, and NEXUS
applicants may submit a paper application to the
Canada Border Services Agency.
kiosks. The NEXUS program is a joint
trusted traveler program between the
United States and Canada that allows
pre-approved travelers dedicated
processing by U.S. and Canadian
officials, respectively, at designated
lanes at certain northern border ports of
entry, currently at automated kiosks at
Canadian preclearance airports and at
NEXUS marine reporting locations. The
SENTRI program allows pre-approved
travelers dedicated CBP processing at
specified land border ports along the
U.S.-Mexico border. Despite the fact that
these three CBP trusted traveler
programs have developed many
commonalities over recent years, the
Global Entry, SENTRI, and NEXUS
programs have retained their own fees,
fee payment schedules, application
processes, and rules regarding the
payment of the application fee by
minors. CBP is of the view that the
different fees and application processes
are no longer warranted.
Moreover, the current fees are no
longer sufficient to recover CBP’s costs
to administer the programs. CBP has
performed a fee study entitled ‘‘CBP
Trusted Traveler Programs Fee Study’’
and determined that a uniform $120 fee
is appropriate and necessary to recover
a reasonable portion of costs associated
with application processing for these
three CBP trusted traveler programs.
1
In
this document, CBP is proposing a $120
application fee for the Global Entry and
SENTRI programs. CBP intends to
publish a separate Federal Register
notice that addresses the NEXUS
application fee (which will be
consistent with the fees proposed here
for Global Entry and SENTRI). With
respect to the application fee paid by
minors, CBP is proposing in this
document that, for the Global Entry and
SENTRI programs, minors under age 18
would be exempt from the application
fee if they applied concurrently with a
parent or legal guardian or if their
parent or legal guardian is already a
member of the same program to which
the minor is applying. Otherwise, the
minor would be required to pay the
$120 fee.
In addition to the changes discussed
above, this document also proposes to
add a section in Part 235 of title 8 of the
Code of Federal Regulations (CFR) (8
CFR part 235) that specifically covers
the SENTRI program. The SENTRI
program was developed by the legacy
Immigration and Naturalization Service
(INS) as part of a series of programs
referred to as Port Passenger Accelerated
Service System (PORTPASS). The INS
established PORTPASS to preserve
border security while allowing low-risk
travelers to move quickly and safely
through the inspection process. With
the transfer of functions from the legacy
INS to DHS, and advances in
technology, there have been significant
changes to the SENTRI application
procedures that are not reflected in the
PORTPASS regulation. CBP has also
modernized other aspects of the SENTRI
program and established new
procedures and requirements to align
the SENTRI program with the Global
Entry and NEXUS programs. As a result,
CBP is proposing to add a new section
235.14 to title 8 of the CFR (8 CFR
235.14) for the SENTRI program
modeled after the Global Entry
regulations, 8 CFR 235.12, that would
incorporate the current parameters,
requirements and application
procedures of the SENTRI program.
Additionally, this document proposes
regulatory changes to the Global Entry
program that are consistent with CBP’s
expansion of the program to persons
traveling to U.S. territories and being
processed at preclearance facilities
located outside the United States. The
current regulation sets forth the arrival
procedures for persons being processed
upon arrival in the United States. Due
to the success of the Global Entry
program, CBP is continually expanding
Global Entry at preclearance facilities
and certain U.S. territories.
Finally, this document proposes to
eliminate the regulation specifying the
amount for the dedicated commuter
lane systems cost fee (DCL fee). SENTRI
is the only program for which CBP
charges the DCL fee. If the changes
proposed in this document are
implemented, all the relevant fees
pertaining to SENTRI would be
included in the SENTRI regulations.
III. Background
Members of CBP trusted traveler
programs are vetted travelers who have
voluntarily applied for membership,
paid a fee, and provided personal data
to CBP. Travelers who are active
members in a CBP trusted traveler
program are considered lower risk than
other travelers because CBP conducts
vetting both when the participant
applies to the program and on an on-
going basis after the participant becomes
a member. By segregating the processing
of previously screened travelers, CBP
can focus its attention and resources on
higher-risk travelers. Three of these CBP
trusted traveler programs are the Global
Entry, NEXUS, and SENTRI programs.
2
The Global Entry program allows pre-
approved travelers dedicated CBP
processing at designated airports,
currently through the use of automated
kiosks. The SENTRI program allows
dedicated processing at specified land
border ports along the U.S.-Mexico
border for pre-approved travelers. The
NEXUS program is a joint trusted
traveler program between the United
States and Canada, the details of which
can be found at http://www.cbp.gov/
travel/trusted-traveler-programs/nexus.
When the Global Entry, NEXUS, and
SENTRI programs were established,
each had a separate application process
and the information pertaining to
participants of each program were
contained in separate databases. Over
time, due to advances in technology,
security concerns, and the expansion of
the programs, CBP created a more
unified application process and a
centralized database. Currently, the
Global Entry, SENTRI, and NEXUS
programs use the same application. The
application is typically submitted
electronically through the Trusted
Traveler Program Systems (TTP
Systems) website, https://
ttp.cbp.dhs.gov, formerly the Global
Online Enrollment System (GOES)
website, https://goes-app.cbp.dhs.gov.
3
CBP uses the same pre-screening
process to vet an applicant regardless of
whether he or she is applying to the
Global Entry, SENTRI, or NEXUS
program. CBP officers review the
applicant’s information during the
application processing to ensure that the
applicant is in compliance with U.S.
customs, immigration and agriculture
laws and regulations, and compare the
information against various government
criminal, antiterrorism, and other
databases. If the applicant meets the
eligibility criteria of the relevant
program then the applicant will be
notified via TTP Systems that he or she
is conditionally approved and can
schedule a personal interview with a
CBP officer at a CBP enrollment center
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4
WHTI implements a statutory mandate to
require all travelers to present a passport or other
document that denotes identity and citizenship
when entering the United States. See Intelligence
Reform and Terrorism Prevention Act of 2004,
Public Law 108–458, 7209, 118. Stat. 3638, 3823,
as amended. The goal of WHTI is to facilitate entry
for U.S. citizens and legitimate foreign visitors
while strengthening U.S. border security by
providing standardized documentation that enables
CBP to quickly and reliably identify a traveler.
WHTI-compliant documents include valid U.S.
passports, passport cards, trusted traveler program
cards, and others.
5
See 73 FR 19861 (April 11, 2008).
6
CBP no longer uses a suspension procedure.
Therefore, this notice of proposed rulemaking
proposes to revise section 235.12 to reflect the
current procedures.
7
U.S. nationals include certain individuals who
are not U.S. citizens. See Sections 101 and 308 of
the Immigration and Nationality Act.
8
TTP Systems is the replacement system for
GOES, which was previously available at the
following website: https://goes-app.cbp.dhs.gov.
TTP Systems online payments are secured through
the Federal Government’s online payment system
Pay.gov. Pay.gov is a system by which parties can
make secure electronic payments to many Federal
Government agencies.
or (for Global Entry only) at a specified
‘‘Enrollment on Arrival’’ airport.
An applicant is notified via TTP
Systems if the application is denied. An
applicant can contest his or her denial
or removal from a CBP trusted traveler
program by initiating the redress
process through the DHS Traveler
Redress Inquiry Program (DHS TRIP),
https://www.dhs.gov/dhs-trip, or by
contacting the Trusted Traveler
Ombudsman via a reconsideration
request filed through TTP Systems,
https://ttp.cbp.dhs.gov. If the applicant
is accepted into the Global Entry,
SENTRI, or NEXUS program, CBP mails
the applicant his or her Western
Hemisphere Travel Initiative (WHTI)-
approved Radio Frequency
Identification (RFID) trusted traveler
card.
4
The Global Entry, SENTRI, and
NEXUS programs have a five-year
membership period. During this five-
year membership period, CBP
continually vets participants to ensure
that the individuals comply with the
program requirements.
Currently, the fees, the fee charged to
certain minors, the fee payment
schedule, and the application process
for the Global Entry, SENTRI, and
NEXUS programs vary. CBP would like
to harmonize the fee and application
procedures for these programs. This
proposed rule describes in detail the
SENTRI and Global Entry programs and
the proposed regulatory changes to both
programs to achieve such
harmonization. Pursuant to 8 U.S.C.
1753(c), fee setting for services and
other administrative requirements
relating to joint U.S.-Canadian projects
such as the NEXUS program are exempt
from the requirements of the
Administrative Procedure Act and the
Paperwork Reduction Act, but fees and
forms established for such projects shall
be published as a notice in the Federal
Register. As a result, CBP will be
issuing a separate Federal Register
notice regarding the changes to the
NEXUS fee.
A. Global Entry Program—Current
Requirements
Section 7208(k) of the Intelligence
Reform and Terrorism Prevention Act of
2004 (IRTPA), 118 Stat. 3638, as
amended by section 565 of the
Consolidated Appropriations Act, 2008,
121 Stat. 1844, codified at 8 U.S.C.
1365b, authorized the Secretary of
Homeland Security to promulgate
regulations creating a program to
expedite the processing of pre-approved
travelers across the borders of the
United States. CBP first established the
Global Entry program as a pilot program
in 2008.
5
On February 6, 2012, CBP
published a final rule in the Federal
Register (77 FR 5681) to establish the
Global Entry program as an ongoing
voluntary trusted traveler program. A
new section 235.12 of title 8 of the CFR
(8 CFR 235.12) was added that includes
a detailed description of the program,
the eligibility criteria, the application
process, arrival procedures, the reasons
an applicant or participant may be
denied, removed or suspended from the
program, and the redress procedures.
6
The Global Entry program allows pre-
approved travelers dedicated CBP
processing at designated airports,
currently through the use of automated
kiosks. Eligibility for participation in
Global Entry is limited to U.S. citizens,
U.S. lawful permanent residents, U.S.
nationals,
7
and certain nonimmigrant
aliens from countries that have entered
into arrangements with CBP concerning
international trusted traveler programs.
When citizens or nationals of a foreign
country become eligible to apply for
Global Entry, CBP publishes a notice in
the Federal Register announcing the
expansion of Global Entry to that foreign
country. To participate in the Global
Entry program, individuals must apply
and pay a non-refundable $100 fee via
the TTP Systems website, https://
ttp.cbp.dhs.gov.
8
Global Entry
membership is for five years and
participants may apply for renewal.
Renewal of the Global Entry program
requires the submission of a new
application, and payment of the non-
refundable $100 fee. An individual is
ineligible to participate in the Global
Entry program if CBP, in its sole
discretion, determines that the
individual presents a potential risk for
terrorism, criminality (such as
smuggling), or CBP is unable to
establish that the applicant can be
considered low-risk. Reasons why an
applicant may not qualify for
participation include, but are not
limited to:
The applicant provides false or
incomplete information on the
application;
The applicant has been arrested for,
or convicted of, any criminal offense or
has pending criminal charges or
outstanding warrants in any country;
The applicant has been found in
violation of any customs, immigration,
or agriculture regulations, procedures,
or laws in any country;
The applicant is the subject of an
investigation by any federal, state, or
local law enforcement agency in any
country;
The applicant is inadmissible to the
United States under applicable
immigration laws or has, at any time,
been granted a waiver of inadmissibility
or parole;
The applicant is known or
suspected of being or having been
engaged in conduct constituting, in
preparation for, in aid of, or related to
terrorism; or
The applicant cannot satisfy CBP of
his or her low-risk status or meet other
program requirements.
After completion of the application
and submission of the fee, an applicant
will be notified if he or she is
conditionally approved or denied
acceptance into the Global Entry
program. If the applicant is denied
acceptance into the program, he or she
may choose one of the methods of
redress described in 8 CFR 235.12(k). If
the applicant is conditionally accepted
into the Global Entry program, then he
or she will be notified via TTP Systems
that he or she needs to appear for a
personal interview. The applicant may
either schedule an interview at a CBP
trusted traveler enrollment center or
present himself or herself for an
interview upon arrival in the United
States at a participating ‘‘Enrollment on
Arrival’’ airport. The second option is
available to an applicant who arrives in
the United States on an international
flight. A list of CBP enrollment centers
is available at http://www.cbp.gov/
global-entry/enrollment-centers. A list
of ‘‘Enrollment on Arrival’’ airports is
available at https://www.cbp.gov/travel/
trusted-traveler-programs/global-entry/
enrollment-arrival.
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9
See Utilization of Global Entry Kiosks by
NEXUS and SENTRI Participants Federal Register
notice, December 29, 2010 (75 FR 82202), for
further information.
10
A Global Entry participant with an RFID card
may travel as a passenger in a vehicle utilizing the
SENTRI lanes. However, a Global Entry participant
may not drive a vehicle into the United States using
the SENTRI lanes unless that vehicle has been
approved by CBP for use in the SENTRI lanes. More
information about this process is in Section III.B.
SENTRI Program.
11
It is not necessary to register a vehicle to utilize
the NEXUS lanes. If an individual is a NEXUS,
SENTRI or Global Entry participant with an RFID
card then that individual may utilize the NEXUS
lanes into the United States either as a passenger
or driving a vehicle.
12
For more details about the benefits provided to
Global Entry, NEXUS and SENTRI participants,
please see http://www.cbp.gov/global-entry/faqs.
13
Note that Global Entry RFID cards are only
used for entry into the United States at NEXUS and
SENTRI dedicated lanes at land borders. Global
Entry kiosks at airports accept only passports and
permanent resident cards for entry into the United
States.
14
The Homeland Security Act of 2002, Public
Law 107–296, transferred the functions of the INS
to DHS.
15
PORTPASS is still used as the basis for a
portion of the FAST program. FAST is primarily a
commercial cargo clearance program, but the
drivers must be separately screened for security
risk. This security screening takes place pursuant to
PORTPASS.
Minors under the age of 18 who meet
the general eligibility criteria and have
the consent of a parent or legal guardian
are eligible to participate in Global
Entry. Minors under the age of 18 must
complete the application and pay the
non-refundable $100 fee. As is the case
for all applicants, CBP must be able to
conduct the requisite vetting of the
applicant, including collection of the
required fingerprints needed to conduct
the biometric-based background checks.
For minors under the age of 18, a parent
or legal guardian must be present at the
time of the interview.
NEXUS participants, and SENTRI
participants who are U.S. citizens and
U.S. lawful permanent residents may
utilize the Global Entry kiosks as a
benefit of their NEXUS or SENTRI
membership. Mexican nationals who are
SENTRI participants may only utilize
the Global Entry kiosks upon successful
completion of a thorough risk
assessment by the Mexican
Government.
9
A list of the select
airports that currently offer Global Entry
arrival processing is available at https://
www.cbp.gov/travel/trusted-traveler-
programs/global-entry/locations.
As a benefit of Global Entry
membership, a Global Entry participant
may utilize the SENTRI lanes at the
U.S.-Mexico border
10
and may enter the
United States at the northern border
using the NEXUS lanes
11
and the
NEXUS marine reporting locations. To
access the SENTRI lanes, the NEXUS
lanes and the NEXUS marine reporting
locations, an RFID card is needed.
12
New and renewing Global Entry
participants are automatically issued a
Global Entry RFID card at no additional
cost. A $25 fee is charged for a
replacement RFID card. When a
replacement card is requested, the
original RFID card is deactivated and is
no longer functional. A Global Entry
RFID card does not allow a participant
dedicated processing into Canada at the
automated air kiosks, NEXUS lanes or
NEXUS marine reporting locations.
13
In
order to obtain dedicated processing
into Canada, an individual must
separately apply to the NEXUS program,
undergo Canadian vetting, be
interviewed by the CBSA and pay the
$50 NEXUS application fee.
B. SENTRI Program—Current
Requirements
The SENTRI program allows
dedicated processing at specified land
border ports along the U.S.-Mexico
border for pre-approved travelers. As
described in the Executive Summary,
the SENTRI program was developed by
the legacy INS as part of a series of
programs collectively referred to as
PORTPASS. PORTPASS was a series of
programs designed to identify pre-
registered, low-risk travelers and permit
them to enter the United States within
predictable wait times by reducing the
interaction between the traveler and the
inspector. One of the main purposes of
the PORTPASS programs was to ease
commuter traffic at land ports of entry
by providing dedicated commuter lanes
(DCLs) to facilitate the rapid passage of
low-risk, frequent travelers. When the
PORTPASS programs were transferred
from the legacy INS to DHS,
14
several of
the programs that collectively operated
as PORTPASS ceased operations
(though some, including the Free and
Secure Trade (FAST) program for
commercial vehicles, are still operating
under PORTPASS
15
). With the transfer
of functions from the INS to DHS and
advances in technology, most of the
procedures set forth in the PORTPASS
regulation, 8 CFR 235.7, are no longer
applicable to SENTRI applicants and
participants. The current SENTRI
eligibility requirements, application
procedures, and redress methods have
been developed by CBP over time to
reflect the establishment of the GOES
website (now TTP Systems), the
creation of the CBP trusted traveler
enrollment centers, the modernizing of
the DCL lanes, and the creation of the
Global Entry and NEXUS programs. The
current SENTRI program’s application
process, requirements and benefits
closely align with those for the Global
Entry and NEXUS trusted traveler
programs. The details of the current
SENTRI program are set forth below and
are also available at http://www.cbp.gov/
travel/trusted-traveler-programs/sentri.
1. General Requirements
SENTRI participants have access to
specific, dedicated primary lanes into
the United States from Mexico. An RFID
card is required for a participant to
access the dedicated SENTRI lanes.
Upon acceptance into the SENTRI
program, a participant is issued a
SENTRI RFID card at no additional cost.
A $25 fee is charged to replace the RFID
card if lost. When a replacement card is
requested, the original RFID card is
deactivated and is no longer functional.
SENTRI membership is for five years.
SENTRI participants may apply for
renewal. Renewal of the SENTRI
program requires the submission of a
new application, and payment of the
SENTRI fee. Just as with the Global
Entry program, an individual is
ineligible to participate in the SENTRI
program if CBP, at its sole discretion,
determines that the individual presents
a potential risk for terrorism, criminality
(such as smuggling), or CBP is unable to
establish that the applicant can be
considered low-risk. The specific
reasons why an applicant may not
qualify for participation in the SENTRI
program are the same as for the Global
Entry program.
Although most of the PORTPASS
procedures no longer apply to the
SENTRI program, SENTRI applicants
still pay fees based on the PORTPASS
fee provisions. The current SENTRI fee
is $122.25 and is comprised of three
separate payments that the applicant
pays at various stages in the application
process. The fee is comprised of a $25
application fee, an $82.75 DCL fee and
a $14.50 Federal Bureau of Investigation
(FBI) fingerprinting fee. Pursuant to 8
CFR 103.7(b)(1)(ii)(G), the application
fee is payable before the application is
processed. Section 103.7(b)(1)(ii)(G) also
authorizes the collection of an FBI
fingerprinting fee, if required. Section
103.7(b)(1)(ii)(A) requires the DCL
systems costs fee. Applicants may apply
for the SENTRI program online via the
TTP Systems website, https://
ttp.cbp.dhs.gov, or via the paper
application, Form 823S. The paper
application and fee can be mailed to
CBP or submitted in person at the
enrollment center.
If the applicant wishes to drive his or
her vehicle into the United States using
the SENTRI lanes, the applicant must
register the vehicle by providing
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In accordance with the United States
Government Accountability Office (GAO)’s
recommendation regarding its recent review
conducted of the CBP trusted traveler programs and
CBP’s goal of harmonizing the three CBP trusted
traveler programs, CBP has eliminated the
requirement for vehicle inspections at the
enrollment center. See GAO Report 14–483, Trusted
Travelers: Programs Provide Benefits, but
Enrollment Processes Could be Strengthened (May
2014), available at: http://www.gao.gov/products/
GAO-14-483.
17
As stated earlier in the background section,
currently, an applicant who is denied may seek
redress through DHS TRIP or by contacting the
Trusted Traveler Ombudsman via a reconsideration
request filed through TTP Systems.
18
See Utilization of Global Entry Kiosks by
NEXUS and SENTRI Participants Federal Register
notice, December 29, 2010 (75 FR 82202) for further
information.
19
Prior to October 2012, the FBI fingerprinting fee
was $17.25. At that time, the total SENTRI fee of
$122.25 was broken down as follows: $25
application fee, $17.25 FBI fingerprinting fee, and
$80 DCL systems cost fee (as per 8 CFR
103.7(b)(1)(ii)(A)). Pursuant to a Federal Register
Notice published by the FBI on December 20, 2011
(76 FR 78950), the FBI fingerprinting fee decreased
to $14.50. In October 2012, CBP changed its internal
accounting regarding the allocation of the total
$122.25 SENTRI fee. Specifically, CBP reallocated
the $2.75 from the decreased FBI fingerprinting fee
to the DCL systems cost fee, bringing the DCL
systems cost fee to $82.75. Due to this change in
the individual DCL fee, the family maximum also
increased to $165.50 (from $160).
20
CBP must collect the individual’s fingerprints
and have the most recent passport information
submitted on TTP Systems in order for these
participants to utilize the Global Entry kiosks. See
Utilization of Global Entry Kiosks by NEXUS and
SENTRI Participants Federal Register notice,
December 29, 2010 (75 FR 82202), for further
information.
21
A NEXUS participant may travel as a passenger
in a vehicle using the SENTRI lanes. However, a
NEXUS participant may not drive a vehicle into the
United States using the SENTRI lanes unless that
vehicle has been approved by CBP for use in the
SENTRI lanes. More information about this process
is in Section III. B. SENTRI Program.
information about the vehicle on the
application and CBP will determine
whether to approve the vehicle. The
approved vehicle will be subject to an
inspection when the vehicle enters the
United States at the U.S.-Mexico border
crossing. This inspection will occur at
secondary inspection during one of the
vehicle’s crossings into the United
States at CBP’s discretion.
16
It is within
CBP’s sole discretion whether to
approve a vehicle for the SENTRI
program. CBP reserves the right to
revoke the approval at the time of
inspection if, in its discretion, it finds
any reason the vehicle should not be
approved. CBP no longer issues vehicle
decals or transponders for vehicles
using the SENTRI lanes since this
technology is obsolete. When a SENTRI,
NEXUS or Global Entry participant with
an RFID card approaches the border in
the SENTRI lane, the system
automatically identifies the vehicle and
the identity of the occupants of the
vehicle. An individual may have a
maximum of four approved vehicles for
use in the SENTRI lanes. One vehicle
may be registered for approval during
the application or renewal process at no
additional charge. The fee to register
additional vehicles or to register the first
vehicle after the initial application or
renewal process is $42 per vehicle. This
fee is charged per vehicle registered,
regardless of whether that vehicle is
ultimately approved for use in the
SENTRI lanes. The additional vehicle
fee may be paid online via the TTP
Systems or in person at the enrollment
center.
After completion of the application
and submission of the application and
FBI fingerprinting fees, an applicant
will be notified if he or she is
conditionally approved or denied
acceptance into the SENTRI program.
An applicant who is denied may seek
redress.
17
If the applicant is
conditionally accepted, he or she will be
notified to schedule an interview at a
SENTRI enrollment center. Before the
start of the interview, the SENTRI
applicant must pay the DCL fee either
via the TTP Systems or in person at the
enrollment center. The list of CBP
enrollment centers is available at
https://www.cbp.gov/travel/trusted-
traveler-programs/sentri/enrollment-
centers.
As a benefit of SENTRI membership,
a SENTRI participant who is a U.S.
citizen or a U.S. lawful permanent
resident may also utilize the Global
Entry kiosk. Mexican nationals who are
SENTRI participants may only utilize
the Global Entry kiosks upon successful
completion of a thorough risk
assessment by the Mexican
Government.
18
Additionally, SENTRI
participants may utilize the NEXUS
lanes and NEXUS marine reporting
locations to enter the United States.
However, in order to obtain dedicated
processing into Canada using the
NEXUS lanes, automated air kiosks and
NEXUS marine reporting locations, a
SENTRI participant must separately
apply to the NEXUS program, undergo
Canadian vetting, be interviewed by the
CBSA, and pay the $50 NEXUS
application fee.
2. SENTRI Family Option Plans
The SENTRI program includes family
option plans that cap the amount that a
family is required to pay to apply to the
SENTRI program. The SENTRI program
uses the fee caps specified in the
PORTPASS fee regulations. The
PORTPASS regulations define ‘‘family’’
narrowly and traditionally as ‘‘husband,
wife, and minor children under 18 years
of age.’’ For purposes of the SENTRI
program, CBP considers a ‘‘family’’ to be
a mother, father and minors under the
age of 18. This includes single parents.
The maximum DCL fee a family must
pay is $165.50.
19
When a family applies
to the SENTRI program each individual
family member is charged the $82.75
DCL fee until the $165.50 family cap is
reached. For example, a mother
currently applying to the SENTRI
program with her three minor children
will be charged a $165.50 DCL fee for
the entire family. The DCL fee is $82.75
per individual if not applying as a
family unit. There is also a family cap
set for the application fee. While the
application fee for an individual is $25
per applicant, the maximum amount
payable by a family is $50. This $50
family cap is set forth in the PORTPASS
fee regulation, 8 CFR 103.7(b)(1)(ii)(G).
When a family applies to the SENTRI
program, each individual family
member is charged the $25 application
fee until the $50 family cap is reached.
There are no family caps with respect to
the FBI fingerprinting fee. The FBI
fingerprinting fee is currently
dependent on the age of the applicant.
All applicants 14 years of age and older
are required to pay the FBI
fingerprinting fee. Applicants under 14
years of age are exempt from the FBI
fingerprinting fee.
Whether or not minors pay a fee to
apply for the SENTRI program, all
minors need to have the consent of a
parent or legal guardian to be eligible to
participate, must complete the
application, and are subject to the
requisite vetting, including the
collection of fingerprints. For minors
under the age of 18, a parent or legal
guardian must be present at the time of
the interview.
C. NEXUS Program—Current
Requirements
The NEXUS program is a joint trusted
traveler program between the United
States and Canada that allows pre-
approved travelers dedicated processing
by both U.S. and Canadian officials at
specified locations. Currently, the non-
refundable application fee is $50.
Minors under the age of 18 are exempt
from payment of the application fee.
As a benefit of NEXUS membership,
NEXUS participants may utilize the
Global Entry kiosks.
20
Additionally,
NEXUS participants may utilize the
SENTRI lanes.
21
Information about the
NEXUS procedures, fees, and other
information about the NEXUS program
are available at http://www.cbp.gov/
travel/trusted-traveler-programs/nexus.
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Any changes to the NEXUS fee will be
announced in a separate Federal Register notice.
23
The NEXUS fee is split between the United
States and Canada. As a result, the United States
will only receive part of the revenue necessary to
recover its costs for the NEXUS program. Please see
the fee study entitled ‘‘CBP Trusted Traveler
Programs Fee Study’’, included in the docket of this
rulemaking (docket number USCBP–2020–0035) for
additional details.
D. Summary of Benefits for the NEXUS,
SENTRI and Global Entry Programs
As summarized in the chart below, a
Global Entry, SENTRI, or NEXUS
participant can take advantage of certain
benefits of the other two CBP trusted
traveler programs. Please refer to
Sections III. A., III. B., and III. C. for
more details about these benefits.
T
ABLE
1—T
RUSTED
T
RAVELER
P
ROGRAMS
S
HARED
B
ENEFITS
Dedicated processing through: Trusted traveler program
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
Entry and SENTRI Programs
A. Harmonizing the CBP Trusted
Traveler Programs
CBP would like to harmonize the
application fee, the application fee paid
by minors, the fee payment schedule
and the application processes for the
NEXUS, SENTRI and Global Entry
programs.
22
Also, the current fees are no
longer sufficient to recover CBP’s costs
to administer the programs. The
proposed changes to the Global Entry
and SENTRI programs are described
below.
1. Proposal To Harmonize the Global
Entry and SENTRI Fees
CBP has performed a fee study
entitled ‘‘CBP Trusted Traveler
Programs Fee Study’’ to determine the
amount of the fee that is necessary to
recover the costs associated with
application processing for the Global
Entry, SENTRI, and NEXUS programs.
CBP determined that, in making the fee
uniform across the programs, a fee of
$120 is appropriate and necessary to
recover a reasonable portion of these
costs.
23
The SENTRI fee would be
decreased from its current fee of $122.25
to $120. The Global Entry fee would be
increased from its current fee of $100 to
$120. The proposed $120 application
fee would apply to new applicants and
to participants renewing their
memberships in both the SENTRI and
Global Entry programs. As described
below, these non-refundable fees would
be paid to CBP at the time of the
application through the TTP Systems.
These fees would be reflected in the
Global Entry fee provision in 8 CFR
103.7, a proposed SENTRI fee provision
in 8 CFR 103.7, in the Global Entry
program regulation, 8 CFR 235.12, and
the SENTRI program proposed
regulation, 8 CFR 235.14.
2. Proposal To Exempt Certain Minors
From Payment of the Application Fee
The Global Entry, SENTRI, and
NEXUS programs are not aligned with
respect to whether minors are charged
an application fee. The SENTRI program
has a complex family option plan, the
Global Entry program charges minors
the full application fee and the NEXUS
program exempts all minors from
payment of the application fee. This
disparity results in families choosing a
program based on financial
considerations instead of choosing a
program based on the features and
benefits of the program. To eliminate
this disparity and to reflect the costs to
CBP to operate these programs, CBP
seeks to create a uniform fee and a
uniform fee charged to minors.
In this document, CBP is proposing to
exempt a minor under the age of 18 who
applies to the Global Entry or SENTRI
program from payment of the
application fee if the minor’s parent or
legal guardian applies concurrently with
the minor or if the parent or legal
guardian is an existing member of the
same program to which the minor is
applying. If the minor’s parent or legal
guardian is already an existing member,
the minor would be required to enter
the parent or legal guardian’s name and
trusted traveler number to allow CBP to
verify this information. If a minor
applies to the Global Entry or SENTRI
program without a concurrent parent or
legal guardian application and if his or
her parent or legal guardian is not
already a participant in the same
program to which the minor is applying,
the minor would be charged the full
application fee of $120. This exemption
for minors would minimize the costs for
families enrolling in the Global Entry,
SENTRI, and NEXUS programs.
All minors applying to the Global
Entry, SENTRI, or NEXUS programs,
including those who are exempt from
payment of the application fee, must
have the consent of a parent or legal
guardian to be eligible to participate,
must complete the application, and
would be subject to the requisite vetting,
including the collection of fingerprints.
For minors under the age of 18, a parent
or legal guardian must be present at the
time of the interview with a CBP officer.
In order to incorporate this fee
exemption for certain minors, CBP is
proposing several regulatory
amendments. With respect to the Global
Entry program, CBP is proposing to
amend the fee provision, 8 CFR
103.7(b)(1)(ii)(M), and the Global Entry
program regulation, 8 CFR 235.12(d)(2).
To align SENTRI with the other
programs, CBP is proposing to eliminate
the SENTRI family option plans
described above. The family option
plans offer minor children discounted
rates or even free enrollment based on
their parent(s)’ application to the
SENTRI program. Family option plans
are overly complex, do not provide
options for minors with legal guardians
and make arbitrary age distinctions that
are no longer used by CBP. The SENTRI
family option plans would be replaced
by new provisions regarding the
SENTRI fee in 8 CFR 103.7(b)(1)(ii)(P)
and proposed 8 CFR 235.14(c)(3). These
provisions would incorporate the
proposed SENTRI application fee and
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There are minor differences regarding the two
provisions. First, proposed 8 CFR 235.14 has a
provision about denial and removal from the
program whereas the current Global Entry
regulation covers denial, removal and suspension
from the program (emphasis added). Second, the
redress provision in proposed 8 CFR 235.14
specifies two possible methods of redress for
individuals whose application is denied or whose
participation is terminated whereas the current
Global Entry regulation specifies the same two
possible methods of redress for individuals whose
applications are denied, or whose participation is
suspended or terminated (emphasis added). This
notice of proposed rulemaking proposes to revise
the Global Entry regulations to remove all
references to suspensions because CBP no longer
uses the suspension procedure. Additionally, the
current Global Entry regulation allows an applicant
to seek redress by writing to the enrollment center
where his or her interview was conducted. This
redress process is no longer used. This notice of
proposed rulemaking proposes to revise the Global
Entry regulations to reflect the current process.
the fee exemption for certain minors
under 18.
B. Proposal To Establish a New
Regulation for the SENTRI Program
As discussed previously, when the
legacy INS developed the SENTRI
program as part of a series of programs
referred to as PORTPASS, the
requirements and procedures that
govern the PORTPASS program set forth
in 8 CFR 235.7 were applicable to the
SENTRI program. With the transfer of
functions from the INS to DHS,
advancing technology and the
expansion of the CBP trusted traveler
programs, the SENTRI program has
evolved, and its requirements and
procedures have changed. The vast
majority of SENTRI applicants apply via
the TTP Systems website using an
application that is common to all the
CBP trusted traveler programs. These
application procedures are not reflected
in the PORTPASS regulation, 8 CFR
235.7. Additionally, CBP has
established CBP trusted traveler
enrollment centers, modernized the
DCLs utilized by SENTRI participants,
and established common methods of
redress for all three CBP trusted traveler
programs. The requirement for a
personal interview at the enrollment
center, the updates to the DCLs, and the
redress methods are also not reflected in
the PORTPASS regulations, 8 CFR
235.7.
This document proposes to add a new
section 8 CFR 235.14, modeled after the
Global Entry regulation, 8 CFR 235.12,
that would incorporate the current
parameters, requirements and
application procedures of the SENTRI
program and supersede 8 CFR 235.7 for
purposes of the SENTRI program.
Proposed 8 CFR 235.14 includes a
general description of the SENTRI
program, the eligibility requirements,
application procedures, redress
procedures, and the requirement to pay
an application fee as specified in a new
fee section, 8 CFR 103.7(b)(1)(ii)(P).
Except for the provisions concerning the
eligibility requirements, the registration
of vehicles and the use of special lanes
for approved vehicles, the other
provisions (i.e., the disqualifying
criteria, application procedures, and the
available redress procedures) are
essentially the same as in the Global
Entry regulation.
24
The provisions that
apply only to the SENTRI program are
described in the next paragraph.
The current eligibility criteria for the
SENTRI program are set forth in
proposed section 235.14(b)(1). Any
individual of any nationality is eligible
to apply for the SENTRI program.
Proposed section 235.14(c) sets forth the
application procedures including that a
vehicle must be approved by CBP to
utilize the SENTRI lanes. Proposed
section 235.14(e) states that a SENTRI
participant will be issued an RFID or
other CBP approved document that
grants the participant access to specific,
dedicated primary lanes into the United
States. The proposed regulation
provides the website where the SENTRI
lanes are identified and informs the
SENTRI participant that a vehicle must
be approved by CBP to utilize the
dedicated SENTRI lanes.
The proposed regulation also sets
forth the new fee payment schedule,
and the new fee exemption for certain
minors. This document also proposes to
add a new provision, 8 CFR
103.7(b)(1)(ii)(P), which sets forth the
new fee, the new fee charged to minors,
and all relevant fee details for the
SENTRI program.
C. Additional Proposed Changes to the
SENTRI Program
1. Proposal To Change the Fee Payment
Schedule for the SENTRI Program
CBP is proposing to change the
current SENTRI fee payment schedule.
As discussed above, currently, the
SENTRI fee is comprised of three
separate amounts (an application fee, a
DCL fee, and an FBI fingerprinting fee)
that the applicant pays at various stages
in the application process. CBP is
proposing to require instead that the
SENTRI applicant pay a non-refundable
application fee of $120 at the time the
applicant submits the application via
TTP Systems.
As discussed earlier, CBP performed a
new fee study of the Global Entry,
SENTRI, and NEXUS programs and has
determined that a uniform fee of $120
is appropriate and necessary to recover
a reasonable portion of the costs
associated with application processing
for these programs. This fee study was
necessary to reevaluate the fees due to
the expansion of the programs, advances
in technology, and the shared benefits
across the programs. For example, as
technology has advanced, the
technology deployed and costs
associated with the creation of
dedicated commuter only lanes is no
longer necessary. CBP is capable of
converting any crossing lane into a lane
that may be used for trusted travelers.
Due to this advancement, CBP has
determined that the fee for the Global
Entry, SENTRI, and NEXUS programs
should only incorporate those costs
associated with the application process.
The costs of processing the application
include the cost of TTP Systems, the FBI
fingerprinting fee, the enrollment
centers, the vetting and other relevant
costs. The new fee does not include any
costs related to DCLs. See the CBP
Trusted Traveler Programs Fee Study for
the entire breakdown of the proposed
fee. Therefore, CBP has determined that
it is no longer appropriate to charge
SENTRI applicants the three separate
payments under the current fee payment
schedule.
CBP is also proposing to change the
fee payment schedule for the SENTRI
program in order to align the SENTRI
application process with the application
process for the Global Entry and NEXUS
programs. The Global Entry and NEXUS
programs have a single application fee
that is payable in full at the time the
applicant submits the application via
TTP Systems whereas SENTRI
applicants pay only a portion of the
SENTRI fee when the application is
submitted and other portions later in the
process. CBP is proposing to change the
fee payment schedule for the SENTRI
program to similarly require a single
application fee be paid in full at the
time the applicant submits the
application.
Thus, CBP is proposing to add section
8 CFR 103.7(b)(1)(ii)(P) to reflect that
the $120 fee encapsulates the entire
SENTRI fee and is payable at
application submission. Proposed
section 8 CFR 235.14(c)(3) would state
that the $120 non-refundable SENTRI
fee must be paid to CBP at the time of
the application submission through TTP
Systems or other CBP-approved process.
2. Proposal To Mandate Electronic
Submission of the SENTRI Program
Application and Payment of Fees
Currently, an applicant to the SENTRI
program may apply online via the TTP
Systems website or by submitting a
paper application, Form 823S. If the
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A NEXUS applicant may submit a paper
application to apply to the NEXUS program. This
is a CBSA form, not a CBP form. As such, the paper
NEXUS application is sent to CBSA, processed and
inputted by CBSA. CBP’s NEXUS application and
application submission are completely electronic.
26
Section 101.5 of title 19 of the CFR (19 CFR
101.5) sets forth a list of CBP preclearance offices
in foreign locations. Section 162.8 of title 19 of the
CFR (19 CFR 162.8) permits CBP officers stationed
in a foreign country at a preclearance facility to
exercise such functions and perform such duties as
may be permitted by treaty, agreement or law of the
country in which the officer is stationed.
applicant chooses to submit a paper
application, the application fee can
either be mailed to CBP or submitted in
person at an enrollment center. CBP is
proposing to eliminate the paper
application as an option for SENTRI
applicants. SENTRI applicants would be
required to apply to the SENTRI
program online via the TTP Systems
website, https://ttp.cbp.dhs.gov.
Eliminating the paper SENTRI
application would complete the
harmonization of the application
submission process for the three
programs,
25
streamline the application
process, reduce the burden on CBP
officers, and expedite the application
process.
Additionally, CBP is proposing to
require applicants to pay the SENTRI
application fee through the TTP
Systems website at the time of online
application and not at the enrollment
center. The proposed elimination of the
paper SENTRI application makes this
change possible.
CBP is also proposing changes to the
procedures for paying the additional
vehicle fee. Although there is no fee for
a SENTRI applicant to register one
vehicle for use in the SENTRI lanes
during the initial application or renewal
process, there is a $42 fee to register
each additional vehicle and to register
the first vehicle after the initial
application or renewal process. This
proposed rule does not change the
amount of the additional vehicle fee.
However, this proposed rule would
change the way the fee is paid.
Currently, a SENTRI applicant or
participant may pay this fee
electronically via TTP Systems or in
person at the enrollment center. CBP is
proposing to require payment of the
additional vehicle fee electronically via
TTP Systems. This is because the
vehicle inspection is no longer
performed at the enrollment center. As
discussed above, if CBP approves the
vehicle for use in the SENTRI lanes, the
vehicle is subject to a vehicle inspection
at secondary inspection during one of
the vehicle’s crossings into the United
States. Requiring an applicant or
participant to pay the additional vehicle
fee online via TTP Systems ensures that
there is an electronic record of the
payment when the vehicle arrives at
secondary inspection. It also further
harmonizes the Global Entry, SENTRI,
and NEXUS programs. Global Entry and
NEXUS participants who wish to
register their vehicle for use in the
SENTRI lanes after the initial
application or renewal process would
continue to pay the additional vehicle
fee online via TTP Systems. These
SENTRI application procedures are
included in proposed 8 CFR 235.14(c).
D. Additional Proposed Changes to the
Global Entry Program
1. 8 CFR 235.12(g)
Under the current regulation, a Global
Entry participant must follow certain
procedures upon arrival in the United
States. These arrival procedures are set
forth in 8 CFR 235.12(g). They include
proceeding to the Global Entry kiosk,
following the on-screen instructions,
and declaring all articles brought into
the United States. For the reasons
discussed below, CBP is proposing to
revise this paragraph to eliminate the
reference to ‘‘arrival in the United
States’’. CBP is also proposing to remove
the reference, throughout the regulation,
to Global Entry ‘‘kiosks’’ and replace it
with the phrase ‘‘Global Entry
Processing’’ to allow for the applicable
facilities and technology to evolve
without need to revise the regulations.
For this same reason, CBP is also
proposing to remove the phrase ‘‘on-
screen’’ from the phrase concerning
following instructions and instead state
that the participant must ‘‘follow all
CBP instructions.’’
When the regulation was first issued,
CBP did not offer Global Entry at
airports located in the U.S. territories or
at preclearance facilities in foreign
countries. Due to the success of the
Global Entry program and to facilitate
the travel of additional Global Entry,
NEXUS and qualified SENTRI
participants, CBP now offers Global
Entry in certain U.S. territories as well
as at preclearance facilities in foreign
countries.
The expansion of Global Entry to U.S.
territories allows dedicated CBP
processing of Global Entry, NEXUS and
qualified SENTRI participants into these
territories. However, pursuant to 19 CFR
7.2(b), CBP does not perform a customs
function in certain U.S. territories.
Accordingly, CBP does not collect
customs declarations in those territories.
As the customs declaration does not
apply in all Global Entry locations, CBP
is proposing to amend 8 CFR 235.12(g)
as set forth in section VII of this Notice
of Proposed Rulemaking (NPRM), to
eliminate the reference to customs
declarations.
The expansion of Global Entry to
preclearance facilities in foreign
countries also allows select foreign
airports with preclearance facilities to
provide dedicated CBP processing for
Global Entry, NEXUS and qualified
SENTRI participants on direct outbound
flights to the United States.
26
Preclearance facilities are staffed with
CBP officers responsible for conducting
customs, immigration, and agricultural
inspections of passengers, crew, and
their goods bound for the United States.
Generally, travelers who are inspected
at a preclearance facility are permitted
to arrive at a U.S. domestic facility and
either exit the U.S. domestic terminal
upon landing or connect directly to a
U.S. domestic flight without further CBP
processing. Because the Global Entry
processing occurs at a point prior to the
traveler’s arrival in the United States,
CBP is proposing to amend 8 CFR
235.12(g), as set forth below and in
section VII of this NPRM, to eliminate
the phrase ‘‘upon arrival in the United
States’’.
2. 8 CFR 235.12(h)
Section 235.12(h) addresses certain
examination and inspection issues
related to the use of Global Entry.
Among other things, it specifies that
pursuant to the enforcement provisions
of 19 CFR part 162, Global Entry
participants may be subject to further
CBP examination and inspection at any
time during the arrival process. As
noted above, CBP does not have
customs responsibilities at all Global
Entry locations. For this reason, CBP is
proposing to amend 8 CFR 235.12(h) to
eliminate the reference to 19 CFR part
162. Part 162 concerns, in relevant part,
inspections within the customs territory
of the United States. Reference to 19
CFR part 162 is not needed in 8 CFR
235.12(h) because the purpose of the
paragraph regarding successful use of
Global Entry at any location can be more
clearly and accurately stated without
specific reference to 19 CFR part 162.
3. Other Amendments to 8 CFR 235.12
CBP is also proposing several
additional minor changes to 8 CFR
235.12. First, CBP is proposing some
language changes to reflect the
expansion of Global Entry to
preclearance facilities at foreign
locations. Because Global Entry now
operates in some U.S. territories and
preclearance facilities outside the
United States, CBP is proposing to
remove references to ‘‘expedited entry
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into the United States’’ and replace
them with ‘‘dedicated CBP processing.’’
In addition, CBP no longer refers to
members of trusted traveler programs as
‘‘low-risk travelers’’ preferring, instead,
the term ‘‘pre-approved travelers.’’
Accordingly, CBP is proposing to
update the language in sections
235.12(a), 235.12(b)(2) and 235.12(c) to
reflect the above changes.
Additionally, the interview
procedures for the Global Entry program
have changed slightly. Although section
235.12(e)(1) states that the Global Entry
applicant must schedule his or her
interview at a Global Entry enrollment
center, Global Entry applicants now
have another personal interview option.
They can also have their personal
interview at certain participating
airports referred to as ‘‘Enrollment on
Arrival’’ airports. The locations of the
participating airports can be found at
https://www.cbp.gov/travel/trusted-
traveler-programs/global-entry/
enrollment-arrival. The applicant does
not need to schedule the interview in
advance, but may only use this option
if arriving in the United States on an
international flight at one of the
‘‘Enrollment on Arrival’’ airports. CBP is
proposing to update the language in 8
CFR 235.12(e)(1) to eliminate the
specific reference to Global Entry
enrollment centers.
Finally, CBP no longer suspends
Global Entry membership. CBP either
denies an applicant participation under
the disqualifying factors in 8 CFR
235.12(b)(2) or a Global Entry
participant is removed from the program
if CBP determines under 8 CFR
235.12(j)(2) that such action is
necessary. To reflect this change, CBP is
proposing to remove all references to
‘‘suspend’’, ‘‘suspension’’ and
‘‘suspended’’ from sections 235.12(d)(3),
235.12(j) and (k).
E. Proposed Conforming Amendment to
8 CFR 103.7
The current regulations include a
provision, 8 CFR 103.7(b)(1)(ii)(A), that
specifies the amount of the DCL system
costs fee. This fee is for use of DCLs
located at specific ports of entry for
approved PORTPASS participants in
designated vehicles. As discussed
above, this fee is one element of the
current SENTRI program fee. SENTRI is
the only PORTPASS program where
CBP charges the DCL fee. If the fee
changes proposed in this NPRM are
implemented, the entire SENTRI fee
will be specified in 8 CFR
103.7(b)(1)(ii)(P). Since CBP would no
longer have any other programs which
charge the DCL fee, this paragraph
(b)(1)(ii)(A) would be unnecessary.
Therefore, CBP is proposing to remove
and reserve 8 CFR 103.7(b)(1)(ii)(A).
V. Statutory and Regulatory
Requirements
A. Executive Orders 13563, 12866, and
13771
Executive Orders 13563 and 12866
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. Executive
Order 13771 directs agencies to reduce
regulation and control regulatory costs,
and provides that ‘‘for every one new
regulation issued, at least two prior
regulations be identified for elimination,
and that the cost of planned regulations
be prudently managed and controlled
through a budgeting process.’’
The Office of Management and Budget
(OMB) has not designated this rule a
‘‘significant regulatory action,’’ under
section 3(f) of Executive Order 12866.
Accordingly, OMB has not reviewed it.
As this rule is not a significant
regulatory action, this rule is exempt
from the requirements of Executive
Order 13771. See OMB’s Memorandum
‘‘Guidance Implementing Executive
Order 13771, Titled ‘Reducing
Regulation and Controlling Regulatory
Costs’’’ (April 5, 2017). CBP has
prepared the following analysis to help
inform stakeholders of the impacts of
this proposed rule.
1. Purpose of the Rule
CBP operates several voluntary
trusted traveler programs that afford
pre-approved travelers with dedicated
processing travel privileges into the
United States. These programs are the
Secure Electronic Network for Travelers
Rapid Inspection (SENTRI) program,
Global Entry program, and NEXUS
program. When originally developed,
each program had its own application
process and participants in one program
could not take advantage of the benefits
of other programs. As the programs
expanded, CBP determined that it was
necessary to unify certain aspects of the
three trusted traveler programs.
Currently, the programs have a nearly
identical application process and
participants in any one of the programs
can enjoy nearly all the benefits of the
other two trusted traveler programs.
However, regulatory changes are needed
to unify certain aspects of the programs.
Although the trusted traveler
programs all offer nearly reciprocal
benefits with each other, the current
SENTRI, Global Entry, and NEXUS fees
are $122.25, $100, and $50, respectively.
In addition to leading to potential
confusion and charging different prices
for nearly the same product for
prospective and renewing trusted
traveler program members, these fees
are no longer sufficient to recover CBP’s
costs to administer the programs.
Instead, all unreimbursed costs are
currently covered by appropriated
funds. As discussed below, CBP has
determined that a harmonized fee of
$120 is appropriate and necessary to
recover a reasonable portion of the costs
associated with application processing
for these trusted traveler programs.
In addition to ensuring that the
trusted traveler programs are better
funded, CBP is proposing to revise the
SENTRI fee payment schedule; exempt
certain minors from payment of the
harmonized fee for membership in the
SENTRI or Global Entry programs;
change certain aspects of the SENTRI
program application process; and
eliminate the dedicated commuter lane
systems cost fee (‘‘DCL fee’’) currently
applicable only to approved SENTRI
members.
2. Background
When originally developed, the
SENTRI, Global Entry, and NEXUS
programs each had its own application
process and participants in one program
could not take advantage of the benefits
of other programs. As the programs
expanded, CBP determined that it was
necessary to unify certain aspects of the
three trusted traveler programs.
Currently, the programs have a nearly
identical application process and
participants in any one of the programs
can enjoy nearly all the benefits of the
other two trusted traveler programs. As
shown in Table 1 below, NEXUS and
certain SENTRI participants are eligible
to use Global Entry kiosks and Global
Entry participants are eligible to use
NEXUS lanes and marine reporting
locations when entering the United
States and SENTRI lanes. Additionally,
SENTRI participants are permitted to
use NEXUS lanes and marine reporting
locations when entering the United
States and NEXUS participants are
permitted to use SENTRI lanes.
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27
CBP notes that 2/3 of the revenue from NEXUS
applicants goes to the United States government
and the remaining 1/3 of revenue from NEXUS
applicants goes to the Canadian government.
Therefore, even though the fee calculated below is
set to recover the costs of the program, the United
States will only receive 2/3 of the revenue
necessary to cover its costs of the NEXUS program.
CBP considers the revenue to be sufficient to cover
a reasonable portion of the costs. CBP has not
adjusted the fee higher to account for this because
doing so would cause applicants to SENTRI and
Global Entry to subsidize the costs of the NEXUS
program.
28
Source: Email correspondence with CBP’s
Office of Field Operations on May 23, 2018. Also,
on March 19, 2012, the FBI fingerprinting fee
decreased from $17.25 to $14.50 (76 FR 78950).
T
ABLE
1—T
RUSTED
T
RAVELER
P
ROGRAMS
’ S
HARED
B
ENEFITS
Dedicated processing through: Trusted traveler program
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
application process and the nearly
reciprocal benefits each program has
with one another, each of these trusted
traveler programs still has its own fee.
As such, CBP is proposing to harmonize
the application fee for these trusted
traveler programs. CBP has determined
that a fee of $120 is necessary in order
to recover a reasonable portion of the
costs associated with application
processing for the SENTRI, Global
Entry, and NEXUS trusted traveler
programs.
27
A fee study documenting
the proposed fee change, entitled CBP
Trusted Traveler Programs Fee Study,
has been included in the docket of this
rulemaking (docket number USCBP–
2020–0035). Table 2 presents the
components of the proposed fee. In
addition to the proposed fee changes,
CBP is proposing to revise the SENTRI
fee payment schedule; exempt all
minors under 18 years of age from the
fee when a parent or legal guardian is
already a member of or concurrently
applying for SENTRI or Global Entry;
require all SENTRI program applicants
to apply and pay electronically; require
that additional SENTRI program vehicle
registrations are paid for electronically;
and eliminate the DCL fee currently
applicable only to approved SENTRI
members.
T
ABLE
2—P
ROPOSED
T
RUSTED
T
RAVELER
P
ROGRAMS
F
EE
(1) TTP Systems/GES .............. $17.17
(2) FBI Fingerprinting ............... 14.50
(3) Enrollment Center ............... 52.54
(4) Vetting Center ..................... 14.47
(5) RFID Card ........................... 15.87
(6) HQ Staff, Call Center, and
Miscellaneous ....................... 2.54
Sum ....................................... 117.09
Calculated Fee, rounded up to
the nearest $5.00 .................. 120.00
Although CBP intends to harmonize
the fee for the NEXUS, SENTRI, and
Global Entry trusted traveler programs,
this proposed rule only concerns
changes to the fee for the SENTRI and
Global Entry trusted traveler programs.
Pursuant to 8 U.S.C. 1753(c), the fee
setting of a joint U.S.-Canada project,
such as the NEXUS program, is exempt
from the Administrative Procedure Act.
Accordingly, any changes to the NEXUS
fee will be announced in a Federal
Register notice.
Below are brief descriptions of the
Global Entry and SENTRI trusted
traveler programs and an explanation of
their current fee structures (for details
regarding the NEXUS trusted traveler
program, please refer to the NEXUS
website at http://www.cbp.gov/travel/
trusted-traveler-programs/nexus):
a. SENTRI
The SENTRI program allows pre-
approved travelers dedicated CBP
processing at specified land border ports
along the U.S.-Mexico border. The
SENTRI program currently has a fee of
$122.25. This fee is comprised of three
parts: A $25 application fee, an $82.75
DCL fee, and a $14.50 FBI fingerprinting
fee for applicants 14 years of age or
older.
28
Unlike NEXUS and Global
Entry, SENTRI applicants do not pay the
entire fee when submitting their
application. Initially, a SENTRI
applicant is only required to pay the $25
application fee and the $14.50 FBI
fingerprinting fee. Payment of the
$82.75 DCL fee is only required if a
SENTRI applicant is conditionally
approved for membership in the
program.
In order to lessen the financial burden
for families applying to the SENTRI
trusted traveler program, CBP places a
cap on the maximum amount that a
family is required to pay for the
application and DCL components of the
SENTRI program fee. As shown in Table
3, these caps are $50 and $165.50,
respectively, or the rough equivalent to
the cost of two applicants. For the
purposes of the SENTRI program, CBP
considers a family to be a father,
mother, and minors under 18 years of
age.
T
ABLE
3—SENTRI F
EE
F
AMILY
O
PTION
P
LAN
Fee component Family member Cost
Application ....................................... Father ............................................
Mother ............................................
Minors 14–17 years of age ...........
Minors under 14 years of age .......
$25 per person until the maximum family cap of $50 is reached.
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29
Source: Email correspondence with CBP’s
Office of Field Operations on August 2, 2019.
30
Source: Email correspondence with CBP’s
Office of Field Operations on August 2, 2019.
31
OMB Circular A–4: https://
www.whitehouse.gov/sites/whitehouse.gov/files/
omb/circulars/A4/a-4.pdf.
32
Regulatory Impact Analysis: Frequently Asked
Questions (FAQ): https://www.whitehouse.gov/
sites/whitehouse.gov/files/omb/assets/OMB/
circulars/a004/a-4_FAQ.pdf and OMB Circular A–
4: https://www.whitehouse.gov/sites/
whitehouse.gov/files/omb/circulars/A4/a-4.pdf.
33
CBP notes, however, that this proposal does not
propose changes to the vehicle fee and each
SENTRI participant will continue to receive one
vehicle registration for no additional cost when
either renewing or applying to the SENTRI program.
34
A NEXUS applicant may submit a paper
application to apply to the NEXUS program. This
is a CBSA form, not a CBP form. As such, the paper
NEXUS application is sent to CBSA, processed and
inputted by CBSA. CBP’s NEXUS application and
application submission are completely electronic.
35
Source: Email correspondence with CBP’s
Office of Field Operations on May 31, 2018.
T
ABLE
3—SENTRI F
EE
F
AMILY
O
PTION
P
LAN
—Continued
Fee component Family member Cost
DCL ................................................. Father ............................................
Mother ............................................
Minors 14–17 years of age ...........
Minors under 14 years of age .......
$82.75 per person until the maximum family cap of $165.50 is
reached.
FBI Fingerprinting ............................ Father ............................................
Mother ............................................
Minors 14–17 years of age ...........
Minors under 14 years of age .......
$14.50.
$14.50.
$14.50.
$0.
In addition to requiring individuals to
apply to the SENTRI program, CBP
requires that vehicles be approved by
CBP for use in SENTRI lanes. The
SENTRI program fee includes the
registration of one vehicle during the
initial application or renewal process. A
fee of $42 is required for any additional
vehicle to be registered for use in
SENTRI lanes (maximum of four
vehicles) or for the participant to
register his or her first vehicle after the
initial application or renewal process. In
fiscal year (FY) 2018, CBP received $1.8
million in SENTRI fee revenue.
29
b. Global Entry
The Global Entry program allows pre-
approved travelers dedicated CBP
processing at designated airports,
currently through the use of automated
kiosks at designated airports. The Global
Entry program currently has a fee of
$100. In FY 2018, CBP received $142.7
million in Global Entry fee revenue.
30
3. Costs
This proposed rule would harmonize
the fee that is required to be paid when
applying for membership in the SENTRI
and Global Entry trusted traveler
programs. The SENTRI and Global Entry
programs currently have fees of $122.25
and $100, respectively. As discussed
above, CBP has determined that a fee of
$120 is necessary in order to recover a
reasonable portion of the costs
associated with application processing
for CBP’s trusted traveler programs. In
addition to the proposed fee changes,
CBP is proposing to revise the SENTRI
fee payment schedule; to exempt all
minors under the age of 18 years of age
from paying the fee when a parent or
legal guardian is already a member of or
concurrently applying for SENTRI or
Global Entry; require all SENTRI
applicants to apply and pay
electronically; require that additional
SENTRI program vehicle registrations be
paid for electronically; and eliminate
the DCL fee currently applicable to only
approved SENTRI members.
When assessing costs of proposed
rules, agencies must take care to not
include transfer payments in their cost
analysis. As described in OMB Circular
A–4, transfer payments occur when
‘‘. . . monetary payments from one
group [are made] to another [group] that
do not affect total resources available to
society.’’
31
Examples of transfer
payments include payments for
insurance and fees paid to a government
agency for services that an agency
already provides.
32
The SENTRI and
Global Entry trusted traveler programs
are established programs that already
require a fee in order to participate.
Current fees do not cover the entire
costs to CBP for administering these
programs and unreimbursed costs are
covered by appropriated funds.
Accordingly, the proposed fee changes,
including changes in who is exempt, to
the trusted traveler programs do not
increase overall costs to society as these
unreimbursed costs are already being
paid by appropriated funds. As such, a
change to the fee associated with each
program is considered a transfer
payment. CBP does recognize, however,
that the proposed fee changes may have
a distributional impact on individuals
and families applying or renewing their
membership in either the SENTRI or
Global Entry trusted traveler program. In
order to inform stakeholders of all
potential effects of the proposed rule,
CBP has analyzed the distributional
effects of the proposed rule below in
section ‘‘V. A. 4. Distributional
Impacts.’’
In addition to adjusting the fees
required for membership in the SENTRI
and Global Entry trusted traveler
programs, CBP is proposing to require
that all SENTRI applicants apply and
pay the requisite application fee
electronically and pay the vehicle
registration fee electronically.
33
CBP
estimates that it takes the same amount
of time to complete the electronic
SENTRI application and make an
electronic payment for the application
and registration fee as it does to
complete a paper SENTRI application
and vehicle registration and make a
payment by cash or check at an
enrollment center. CBP believes that
requiring an electronic application and
payment is necessary to increase
efficiency of the SENTRI program
application and SENTRI vehicle
registration process. Additionally, this
would further harmonize the three
trusted traveler programs because
electronic applications and payments
are a current CBP requirement for the
Global Entry and NEXUS programs.
34
CBP recognizes that applying and
paying for the SENTRI program and
vehicle registrations electronically
requires internet access and those
without readily available internet access
would have to visit a facility that
provides internet access to the public
(e.g., a library). However, in 2017, CBP
received 138,515 SENTRI applications
and 56,285 SENTRI vehicle enrollment
applications, all of which were
submitted electronically.
35
Applicants
would not likely opt to file
electronically if it were more
burdensome to do so. For this reason,
CBP assumes that no applicants would
need to travel to access the internet for
the purpose of paying the required fees.
To the extent that someone does need to
travel, he or she would incur small
opportunity and transportation costs.
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36
Source: Email correspondence with CBP’s
Office of Field Operation on May 23, 2018.
CBP notes that the SENTRI program is
a voluntary program and that all
individuals must determine if the
benefits of receiving dedicated CBP
processing either meet or exceed the
costs of joining the SENTRI program.
In addition to proposing that the
applications and vehicle registrations be
electronic, CBP is proposing to codify
SENTRI vehicle inspection changes that
have previously been implemented.
Formerly, the SENTRI vehicle
inspection took place at the enrollment
center. On November 17, 2015, CBP
changed this inspection process and
notified impacted applicants and
SENTRI members of the new process by
email. Under the new vehicle inspection
process, which is still in effect, a vehicle
must be approved by CBP for use in the
SENTRI lanes and subsequently
inspected at secondary inspection
during one of the vehicle’s crossings
into the United States. Despite not
having an inspection at the time of
enrollment, vehicles remain subject to
inspections at the time of crossing
through random inspection. This rule’s
proposed SENTRI vehicle inspection
changes would not result in additional
benefits or costs to CBP trusted traveler
program participants because they are
already operational, because the
inspection takes the same amount of
time, and because no additional trip is
needed for the inspection.
Along with the proposed regulatory
changes discussed above, CBP is
proposing changes to the information
collection associated with the trusted
traveler programs (OMB control number
1651–0121). The proposed change
would require a minor under 18 years
of age applying for membership in
either the SENTRI or Global Entry
trusted traveler program whose parent
or legal guardian is already a member of
the same program to submit his or her
parent’s or legal guardian’s name and
trusted traveler number. As discussed
below, in section ‘‘V. E. Paperwork
Reduction Act,’’ CBP estimates that this
proposed information collection would
take approximately two minutes (0.0333
hours). CBP’s trusted traveler databases
do not track which minors concurrently
apply to a trusted traveler program with
a parent or legal guardian and which
minors apply after a parent or legal
guardian joined a trusted traveler
program. CBP subject matter experts,
however, estimate that two percent of
minors (or parents/legal guardians
acting on their behalf) apply for
membership in a trusted traveler
program after a parent or legal guardian
has already joined a trusted traveler
program and, as such, would be subject
to the proposed information collection.
Table 4 shows historical data on the
number of minor applicants that
enrolled in SENTRI and Global Entry
from 2013 to 2018, while Table 5 shows
the estimated number of minor SENTRI
and Global Entry applications over the
period of analysis spanning from 2019
to 2023.
36
CBP notes that the data
presented in Table 4 for 2018 is a
projection and not actual data. CBP
based the 2018 through 2023 minor
SENTRI enrollment application figures
shown in Table 4 and Table 5 on the
compound annual growth rate (CAGR)
of minor SENTRI enrollment
applications between 2013 and 2017,
which is equal to six percent, applied to
the number of minor SENTRI
applications in each prior year. To
estimate the 2018 through 2023 minor
Global Entry enrollment applications,
CBP applied the 2013 to 2017 CAGR of
minor Global Entry enrollment
applications of 31 percent to the number
of minor Global Entry enrollment
applications in each prior year.
T
ABLE
4—H
ISTORICAL
M
INOR
E
NROLLMENT
A
PPLICATIONS FOR
SENTRI
AND
G
LOBAL
E
NTRY
, 2013–2018
Year
Total minor
SENTRI
enrollment
applications
Total minor
Global Entry
enrollment
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.
T
ABLE
5—E
STIMATED
M
INOR
SENTRI
AND
G
LOBAL
E
NTRY
E
NROLLMENT
A
PPLICATIONS
, 2019–2023
Year
Total minor
SENTRI
enrollment
applications
Total minor
Global Entry
enrollment
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.
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37
$20.40 hourly time value for SENTRI
applicants x 0.0333-hour time burden to complete
new information collection = $0.68 (rounded);
$47.10 hourly time value for Global Entry
applicants x 0.0333-hour time burden to complete
new information collection = $1.57 (rounded).
38
CBP bases the $20.40 hourly time value for
SENTRI applicants on the U.S. Department of
Transportation’s (DOT) hourly time value of $20.40
for all-purpose, intercity travel by surface modes
(except high-speed rail). CBP used this hourly time
value for all-purpose, intercity travel by surface
modes for SENTRI applicants because SENTRI
members use the program to travel to the United
States by land. CBP bases the $47.10 hourly time
value for Global Entry applicants on the DOT’s
hourly time value of $47.10 for all-purpose,
intercity travel by air and high-speed rail. CBP used
this hourly time value for all-purpose, intercity
travel by air and high-speed rail for Global Entry
applicants because Global Entry members primarily
use the program to travel to the United States by
air. Source: U.S. Department of Transportation,
Office of Transportation Policy. The Value of Travel
Time Savings: Departmental Guidance for
Conducting Economic Evaluations Revision 2 (2016
Update). ‘‘Table 4 (Revision 2—2016 Update):
Recommended Hourly Values of Travel Time
Savings.’’ September 27, 2016. Available at https://
www.transportation.gov/sites/dot.gov/files/docs/
2016%20Revised%20Value%20of
%20Travel%20Time%20Guidance.pdf. Accessed
August 14, 2019.
39
Source: Email correspondence with CBP’s
Office of Field Operation on May 23, 2018. CBP
notes that the data presented in Table 8 for 2018
is a projection and not actual data.
As previously stated, CBP subject
matter experts estimate that two percent
of minors (or parents/legal guardians
acting on their behalf) apply for
membership in a trusted traveler
program after a parent or legal guardian
has already joined a trusted traveler
program. As such, CBP estimates that
only two percent of the projected minor
SENTRI and Global Entry applicants
shown in Table 5 would be subject to
the rule’s proposed application
information collection requiring the
submission of the name and trusted
traveler number of an applicant’s parent
or legal guardian. These applicants
would incur a two-minute (0.0333-hour)
time burden to submit this information,
at a time cost of $0.68 for SENTRI
applicants and $1.57 for Global Entry
applicants based on their respective
hourly time values of $20.40 and
$47.10.
37 38
Using the projected number
of minor SENTRI and Global Entry
applicants subject to the new
information collection and the
estimated time costs to complete the
new information collection, CBP
estimates that it would cost minors (or
parents/legal guardians acting on their
behalf) $52,307 in opportunity (or time)
costs to complete the proposed
information collection over the five-year
period of analysis. In the first year
(2019), CBP estimates that this rule’s
new information collection would cost
minors (or parents/legal guardians
acting on their behalf) $5,881. Table 6
shows the number of minor SENTRI and
Global Entry applicants required to
submit the name and trusted traveler
number of their parents or legal
guardians and their annual cost to
complete this proposed information
collection.
T
ABLE
6—T
OTAL
C
OST TO
C
OMPLETE THE
P
ROPOSED
I
NFORMATION
C
OLLECTION FOR
M
INORS
, 2019–2023
[Undiscounted 2019 U.S. Dollars]
Year 2% of minor
SENTRI
applicants
2% of minor
Global Entry
applicants
Cost to minor
SENTRI
applicants
Cost to minor
Global Entry
applicants
Total cost to
minor SENTRI
and Global
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 summarizes the costs of this
rule for minors to apply to the SENTRI
and Global Entry programs after their
parent or legal guardian has already
done so. Altogether, this rule would
impose a total discounted cost on
minors from 2019 to 2023 of $44,356 in
present value and $10,110 on an
annualized basis (using a 7 percent
discount rate and 2019 U.S. dollars).
T
ABLE
7—T
OTAL
M
ONETIZED
P
RESENT
V
ALUE AND
A
NNUALIZED
C
OSTS OF
R
ULE
, 2019–2023
[2019 U.S. dollars]
3%
Discount
rate
7%
Discount
rate
Present Value
Cost ............... $48,620 $44,356
T
ABLE
7—T
OTAL
M
ONETIZED
P
RESENT
V
ALUE AND
A
NNUALIZED
C
OSTS OF
R
ULE
, 2019–2023—Continued
[2019 U.S. dollars]
3%
Discount
rate
7%
Discount
rate
Annualized Cost 10,307 10,110
Note: The estimates in this table are contin-
gent upon CBP’s projections as well as the
discount rates applied.
4. Distributional Impacts
a. SENTRI
Under the proposed rule, the SENTRI
fee would decrease from $122.25 to
$120, the entire SENTRI fee would be
required to be paid when submitting a
SENTRI program application, and all
minors under the age of 18 would be
exempt from the SENTRI program fee
when a parent or legal guardian is either
a member of or concurrently applying
for SENTRI. Table 8 shows the historical
approved adult SENTRI applicants from
2013 to 2018.
39
CBP notes that the data
presented in Table 8 for 2018 is a
projection and not actual data. CBP
based the 2018 approved adult SENTRI
applications figure on the CAGR of
approved adult SENTRI applications
between 2013 and 2017, which is equal
to nine percent, applied to the actual
number of approved adult SENTRI
applications in 2017.
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40
Source: Email correspondence with CBP’s
Office of Field Operations on May 23, 2018.
T
ABLE
8—H
ISTORICAL
A
PPROVED
A
DULT
SENTRI A
PPLICANTS
, 2013–
2018
Year
Total SENTRI
enrollment
applications
approved
applicants age
18 or older
2013 ................................ 65,489
2014 ................................ 61,982
2015 ................................ 55,209
2016 ................................ 88,163
2017 ................................ 91,468
2018 * .............................. 99,700
Total ............................ 462,011
* Projection.
The proposed SENTRI program fee
decrease would save individuals 18
years of age or older $2.25 over a five-
year period (an average of $0.45 per
year) when they either apply for
SENTRI for the first time or renew their
SENTRI membership. Using the above
historical data in Table 8 and the nine
percent CAGR of approved adult
SENTRI applications between 2013 and
2017, CBP estimates that over the five-
year period of analysis from 2019 to
2023, 650,378 adults (130,076 adults per
year on average) would either join the
SENTRI program or renew their
memberships. Based on these projected
memberships, CBP estimates that the
proposed fee decrease would result in
decreased transfer payments from
SENTRI applicants to the U.S.
Government of approximately
$1,463,351 ($292,670 per year on
average) over the five-year period of
analysis (650,378 estimated SENTRI
applications * $2.25 proposed fee
decrease = $1,463,351). This is shown in
Table 9 below. CBP notes that the
SENTRI program is a voluntary program
and each renewing or prospective
participant must determine if the
benefits of dedicated CBP processing
into the United States would equal or
exceed the costs of the program. CBP
compares these benefits and costs below
in section ‘‘V. A. 8. Benefits and
Breakeven Analysis.’’
T
ABLE
9—D
ECREASE IN
T
RANSFER
P
AYMENTS FROM
A
DULT
SENTRI A
PPLICANTS TO
CBP
AS A
R
ESULT OF THE
R
ULE
,
2019–2023
[Undiscounted 2019 U.S. dollars]
Year
Approved
adult SENTRI
enrollment
applications
Transfers
based on
current fee of
$122.25
Transfers
based on
proposed fee
of $120
Decrease in
transfers from
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
the SENTRI program, CBP is proposing
to require that the entire fee be paid
when submitting an application.
Currently, renewing and prospective
SENTRI participants are only required
to pay a $25 application fee and a
$14.50 FBI fingerprinting fee, for a total
of $39.50, when submitting a SENTRI
program application and an applicant is
not responsible for the remaining fee
component ($82.75 DCL fee) if he or she
does not receive a conditional approval.
Under the proposed rule, a SENTRI
applicant who does not receive a
conditional approval would see an
$80.50 increase in price ([$120 proposed
SENTRI fee—$39.50 current SENTRI
application fee] = $80.50). As previously
mentioned, this new fee does not
include any costs related to DCLs
because the technology deployed and
costs associated with the creation of
DCLs is no longer necessary and CBP
plans to eliminate the fee with this rule.
CBP estimates that over the last 10
years, an average of approximately 4,700
individuals per year did not receive a
conditional approval when applying for
the SENTRI program.
40
Using this
annual average over the last 10 years as
a projection of SENTRI applicants who
would not receive a conditional
approval over the period of analysis,
and assuming that these applicants are
adults, CBP estimates that SENTRI
applicants who do not receive a
conditional approval would transfer up
to an additional $1,891,750 to the U.S.
Government with this rule between
2019 and 2023, or $378,350 per year
(4,700 SENTRI applicants not receiving
a conditional approval * $80.50 =
$378,350 * 5 years = $1,891,750). This
is shown in Table 10 below.
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T
ABLE
10—P
OTENTIAL
I
NCREASE IN
T
RANSFER
P
AYMENTS
F
ROM
A
DULT
SENTRI A
PPLICANTS TO
CBP
AS A
R
ESULT OF
THE
R
ULE
, 2019–2023
[Undiscounted 2019 U.S. dollars] *
Year SENTRIapplications
without conditional
approval
Transfer
based on
current fee of
$39.50
Transfer
based on
proposed fee
of $120
Increase in
transfers from
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
minors under 18 years of age from
paying the SENTRI fee when a parent or
legal guardian is a member of or
concurrently applies for SENTRI. As
shown in Table 3, CBP currently places
a cap on the maximum amount a family
is required to pay for the application
and DCL components of the SENTRI
program fee. For the purposes of the
SENTRI program, a family is considered
to be a father, mother, and minors under
18 years of age. This proposed rule
would exempt all minors under 18 years
of age from the SENTRI fee as long as
one parent or legal guardian is a
member of or concurrently applying for
SENTRI. CBP’s SENTRI database does
not track which participants have family
members that also participate in the
program. As such, CBP is unable to
determine how many families would
benefit, or the extent to which they
would benefit, from the proposed
change. However, assuming that in the
absence of this rulemaking, future
SENTRI applicants under 18 years of
age would largely be exempt from the
SENTRI fee because of the existing
SENTRI fee exemptions for minors, this
rule’s fee exemption for minors would
have no impact on transfer payments
between minor SENTRI applicants and
CBP during the period of analysis. CBP
presents two examples below in Table
11 to illustrate the possible savings that
a family may receive under the
proposed rule.
T
ABLE
11—I
LLUSTRATIVE
E
XAMPLES OF THE
P
ROPOSED
SENTRI P
ROGRAM
S
AVINGS
Example Fee structure Cost Change from current
fee structure
A mother and one 14-year-old minor child apply
for the SENTRI program. Current ........ $244.50 ..................................................................
([2 individuals * $25 application fee = $50] + [2
individuals * $82.75 DCL fee = $165.50 ] + [2
individuals * $14.50 FBI fingerprinting fee =
$29] = $244.50).
No change.
Proposed ..... $120 .......................................................................
([1 adult * $120 proposed SENTRI program fee]
+ [1 minor under 18 years of age * $0 pro-
posed SENTRI program fee] = $120).
Savings of $124.50
($244.50¥$120 =
$124.50).
A family of four comprising a mother, father, and
two 14-year-old minor children apply for the
SENTRI program.
Current ........ $273.50 ..................................................................
([4 individuals * $25 application fee = $50 family
cap] + [4 individuals * $82.75 DCL fee =
$165.50 family cap] + [4 individuals * $14.50
FBI fingerprinting fee = $58] = $273.50).
No change.
Proposed ..... $240 .......................................................................
([2 adult * $120 proposed SENTRI program fee]
+ [2 minors under 18 years of age * $0 pro-
posed SENTRI program fee] = $240).
Savings of $28
($268¥$240 = $28).
b. Global Entry
Under the proposed rule, the Global
Entry program fee would increase from
$100 to $120 and all minors under 18
years of age would be exempt from the
Global Entry program fee when a parent
or legal guardian is either a member of
or is concurrently applying for Global
Entry. Table 12 below details the
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41
Source: Email correspondence with CBP’s
Office of Field Operation on May 23, 2018. CBP
notes that the data presented in Table 12 for 2018
is a projection and not actual data. CBP based the
2018 approved adult Global Entry applications
figure on the CAGR of approved adult Global Entry
applications between 2013 and 2017, which is
equal to 23 percent, applied to the actual number
of approved adult Global Entry applications in
2017.
historical approved adult Global Entry
applications from 2013 to 2018.
41
T
ABLE
12—H
ISTORICAL
A
PPROVED
A
DULT
G
LOBAL
E
NTRY
A
PPLICA
-
TIONS
, 2013–2018
Year
Total approved
adult GE
enrollment
applications
2013 ...................................... 566,180
2014 ...................................... 732,145
2015 ...................................... 769,785
2016 ...................................... 1,153,818
2017 ...................................... 1,306,617
2018 * .................................... 1,607,139
Total .................................. 6,135,684
* Projection.
The proposed Global Entry program
fee increase would cost individuals 18
years of age or older an additional $20
over a five-year period (an additional $4
per year) when they either apply for the
Global Entry trusted traveler program
for the first time or renew their Global
Entry membership. Considering the
above historical data in Table 12 and the
23 percent CAGR of approved adult
Global Entry applications between 2013
and 2017, CBP estimates that 15,602,006
adults (3,120,401 adults per year) would
either renew or apply to join the Global
Entry program over the period of
analysis. Using this figure, CBP
estimates that the proposed fee increase
would result in an increased transfer
payment from Global Entry applicants
to the U.S. Government (namely, CBP)
of $312,040,120 from 2019 to 2023
(15,602,006 estimated Global Entry
applicants * $20 proposed fee increase
= $312,040,120). In 2019, the proposed
fee increase would result in an
increased transfer payment of
$39,535,620. This is shown in Table 13
below. CBP notes that the Global Entry
program is a voluntary program and
each renewing or prospective
participant must determine if the
benefits of dedicated CBP processing
into the United States would equal or
exceed the costs of the program. CBP
compares these benefits and costs below
in section ‘‘V. A. 8. Benefits and
Breakeven Analysis.’’
T
ABLE
13—I
NCREASE IN
T
RANSFER
P
AYMENTS
F
ROM
A
DULT
G
LOBAL
E
NTRY
A
PPLICANTS TO
CBP
AS A
R
ESULT OF THE
R
ULE
, 2019–2023
[Undiscounted 2019 U.S. dollars]
Year
Approved
adult Global
Entry
applications
Transfer
based on
current fee of
$100
Transfer
based on
proposed fee
of $120
Increase in
transfers from
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
minors under 18 years of age from the
Global Entry fee when a parent or legal
guardian is a participant in or
concurrently applies for Global Entry.
Currently, all Global Entry applicants
are required to pay the full $100 fee.
CBP’s Global Entry database does not
track which participants have family
members that also participate in the
program. As such, CBP is unable to
determine how many families would
benefit, or the extent to which they
would benefit, from the proposed
change. However, assuming that all
minor Global Entry applicants would be
exempt from the applicant fee based on
their parent or legal guardian’s
concurrent application or membership,
this fee change would affect up to
1,569,955 minor Global Entry applicants
(see Table 5) and result in a maximum
of $156,995,500 in fee savings to these
applicants (and their respective
families). CBP presents the example
below in Table 14 to illustrate the
possible savings that a family may
receive under the proposed rule. Table
15 shows the potential decrease in
transfer payments from minor Global
Entry applicants to CBP as a result of
this rule under the assumption that all
minor Global Entry applicants would be
exempt from the applicant fee with this
rule based on their parent or legal
guardian’s concurrent Global Entry
application or membership.
T
ABLE
14—I
LLUSTRATIVE
E
XAMPLE OF THE
P
ROPOSED
G
LOBAL
E
NTRY
P
ROGRAM
S
AVINGS
Example Fee structure Cost Change from current
fee structure
A mother and one 14-year-old minor child apply
for the Global Entry program. Current ........ $200 .......................................................................
([1 adult * $100 current Global Entry program
fee] + [1 minor under 18 years of age * $100
current Global Entry program fee] = $200).
No change.
Proposed ..... $120 .......................................................................
([1 adult * $120 proposed Global Entry program
fee] + [1 minor under 18 years of age * $0 pro-
posed Global Entry program fee] = $120).
Savings of $80
($200¥$120 = $80).
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T
ABLE
14—I
LLUSTRATIVE
E
XAMPLE OF THE
P
ROPOSED
G
LOBAL
E
NTRY
P
ROGRAM
S
AVINGS
—Continued
Example Fee structure Cost Change from current
fee structure
A family of four comprising two adults and two
minor children under 18 years of age apply for
the Global Entry program.
Current ........ $400 .......................................................................
([2 adults * $100 current Global Entry program
fee] + [2 minors under 18 years of age * $100
current Global Entry program fee] = $400).
No change.
Proposed ..... $240 .......................................................................
([2 adults * $120 proposed Global Entry program
fee] + [2 minors under 18 years of age * $0
proposed Global Entry program fee] = $240).
Savings of $160
($400¥$240 = $160).
T
ABLE
15—P
OTENTIAL
D
ECREASE IN
T
RANSFER
P
AYMENTS
F
ROM
M
INOR
G
LOBAL
E
NTRY
A
PPLICANTS TO
CBP
AS A
R
ESULT OF THE
R
ULE
, 2019–2023
[Undiscounted 2019 U.S. dollars]
Year Minor Global
Entry
applicants
Transfer
based on
current fee of
$100
Transfer
based on
proposed fee
of $0
Potential
decrease in
transfers from
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
Payments to U.S. Government
Table 16 summarizes the total
monetized decrease in transfer
payments from the SENTRI and Global
Entry applicants to CBP as a result of
this proposed rule (see Table 9 and
Table 15). Altogether, this rule could
result in a total discounted decrease in
monetized transfer payments from
SENTRI and Global Entry applicants to
the U.S. Government from 2019 to 2023
ranging from $134.2 million to $147.2
million in present value and $30.6
million to $31.2 million on an
annualized basis, depending on the
discount rate used.
T
ABLE
16—T
OTAL
P
OTENTIAL
M
ONETIZED
P
RESENT
V
ALUE AND
A
NNUALIZED
D
ECREASE IN
T
RANSFER
P
AYMENT
F
ROM
A
PPLICANTS TO
CBP
AS A
R
ESULT OF THE
R
ULE
, 2019–2023
[2019 U.S. dollars]
3% Discount
rate 7% Discount
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
Payments to U.S. Government
Alternatively, Table 17 summarizes
the total monetized increase in transfer
payments from the SENTRI and Global
Entry applicants to CBP as a result of
this proposed rule. Altogether, this rule
could result in a total discounted
increase in monetized transfer payments
from SENTRI and Global Entry
applicants to the U.S. Government from
2019 to 2023 (see Table 10 and Table
13) ranging from $268.0 million to
$292.6 million in present value and
$61.1 million to $62.0 million on an
annualized basis, depending on the
discount rate used.
T
ABLE
17—T
OTAL
P
OTENTIAL
M
ONETIZED
P
RESENT
V
ALUE AND
A
NNUALIZED
I
NCREASE IN
T
RANSFER
P
AYMENTS
F
ROM
A
PPLICANTS TO
CBP
AS A
R
ESULT OF THE
R
ULE
, 2019—2023
[2019 U.S. dollars]
3% Discount
rate 7% Discount
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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42
As discussed above, CBP will be issuing a
separate Federal Register notice to change the
NEXUS fee to $120.
43
Trusted Travelers: Programs Provide Benefits,
but Enrollment Processes Could Be Strengthened;
available at: http://www.gao.gov/products/GAO-14-
483.
44
This document does not propose changes to the
current application and the interview process.
Accordingly, these estimates do not account for the
opportunity cost associated with applying and
interviewing for the SENTRI trusted traveler
program.
7. Net Transfer Payments to U.S.
Government
Table 18 illustrates the potential
monetized net transfer payments of this
rule from SENTRI and Global Entry
applicants to the U.S. Government
(namely, CBP). As shown, the total
monetized present value net transfer
payment of this rule from applicants to
the U.S. Government over the five-year
period of analysis from 2019 to 2023
could range from approximately $133.8
million to $145.4 million. The
annualized net transfer payment could
measure between $30.5 million and
$30.8 million over the period of
analysis.
T
ABLE
18—T
OTAL
P
OTENTIAL
M
ONETIZED
P
RESENT
V
ALUE AND
A
NNUALIZED
N
ET
T
RANSFER
P
AYMENTS OF
R
ULE
, 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
CBP is proposing to exempt all minors
under 18 years of age from paying the
trusted traveler program fee when a
parent or legal guardian is a member of
or concurrently applying for
membership in the same program to
which the minor is applying. Currently,
minors applying for the Global Entry
program are required to pay the full
$100 program fee. Minors applying for
the SENTRI program, however, may be
exempt from certain SENTRI fee
components (see Table 3). In addition,
to lessen the financial burden for
families applying to the SENTRI trusted
traveler program, CBP currently places a
cap on the maximum amount that a
family is required to pay for the
application and DCL components of the
SENTRI program fee. The maximum
caps are $50 and $165.50, respectively.
For the purposes of the SENTRI
program, CBP considers a family to be
a father, mother, and minors under 18
years of age.
This proposed fee exemption for
minors is a reduction in a transfer
payment. As such, this proposal is not
considered a benefit of this rule to
society. CBP does recognize, however,
that the proposed fee changes may have
a positive distributional impact on
individuals and families applying or
renewing their membership in either the
SENTRI or Global Entry trusted traveler
program. In order to inform stakeholders
of all potential effects of the proposed
rule, CBP has analyzed the
distributional effects of the proposed
rule in section ‘‘V. A. 4. Distributional
Impacts.’’
With this rule, CBP is also proposing
to codify Global Entry benefits that have
previously been implemented. These
benefits allow the use of Global Entry in
U.S. territories and preclearance
facilities. These proposed changes,
however, would not confer additional
benefits to trusted traveler program
participants because they are currently
operational. As such, these proposed
changes are not analyzed in this
analysis.
Lastly, CBP is proposing a
harmonized membership fee of $120 for
the SENTRI, Global Entry, and NEXUS
trusted traveler programs.
42
Although
the trusted traveler programs all offer
nearly reciprocal benefits with each
other, the current SENTRI, Global Entry,
and NEXUS fees are $122.25, $100, and
$50, respectively. In addition to leading
to potential confusion and charging of
different prices for nearly the same
product for prospective and renewing
trusted traveler program members, these
different fees are no longer sufficient to
recover CBP’s costs to administer the
programs. While not easily quantifiable,
if finalized, the proposed fee
harmonization would allow individuals
to choose the trusted traveler program
that meets their travel needs best rather
than choosing a program based on the
cost. Additionally, the harmonized fee
would ensure that a reasonable portion
of the CBP costs are recovered and that
costs are more equitably distributed
between all the trusted traveler program
participants now that each program has
nearly reciprocal benefits with the other
programs.
The U.S. Government Accountability
Office (GAO) conducted a review of the
SENTRI, NEXUS, and Global Entry
trusted traveler programs.
43
During this
review, GAO observed 14 border
crossings with SENTRI lanes. Of these
14 crossings, GAO observed 11
crossings where vehicles experienced a
time savings of at least 15 minutes (0.25
hours) when crossing the U.S.–Mexico
border compared to vehicles in
traditional lanes. Considering these
observed time savings and the assumed
$20.40 hourly time value for SENTRI
applicants, CBP estimates that a SENTRI
participant saves approximately $5.10
per crossing ($20.40 estimated hourly
time value * 0.25 hours of time savings
= $5.10). Based on these time cost
savings per crossing, CBP estimates that
a SENTRI participant 18 years of age or
older must make five crossings per year
for the benefits of the SENTRI program
to equal the cost of membership over the
five-year period of analysis ($120
SENTRI fee ÷ 5 years of membership =
$24 membership cost per year; $24
membership cost per year ÷ $5.10
estimated savings per crossing = 5
crossings per year (rounded up)).
44
This
compares to the five crossings currently
required under the baseline ($122.25
current SENTRI fee ÷ 5 years of
membership = $24.45 membership cost
per year; $24.45 membership cost per
year ÷ $5.10 estimated savings per
arrival = 5 crossings per year (rounded
up)).
GAO found that the average time
savings for travelers using Global Entry
kiosks is 10 minutes (0.1667 hours) to
27 minutes (0.45 hours). As referenced
above, using DOT’s guidance, CBP
estimates a Global Entry applicant’s
hourly time value to be $47.10 per hour.
Using this estimate and the minimum
Global Entry time savings identified by
GAO, CBP estimates that Global Entry
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45
This document does not propose changes to the
current application and interview process.
Accordingly, these estimates do not account for the
opportunity cost associated with applying and
interviewing for the Global Entry trusted traveler
program.
46
Under the proposed rule, a SENTRI applicant
who does not receive a conditional approval would
see an $80.50 increase in price compared to the
baseline.
47
The changes to the NEXUS program are exempt
from the PRA requirements pursuant to 8 U.S.C.
1753(c).
participants save at least $7.85 per
arrival ($47.10 estimated hourly time
value * 0.1667 hours of minimum time
savings = $7.85). Based on these
minimum time cost savings per arrival,
CBP estimates that a Global Entry
participant 18 years of age or older must
make four arrivals per year for the
benefits of the Global Entry program to
equal the cost of membership ($120
Global Entry fee ÷ 5 years of
membership = $24 membership cost per
year; $24 membership cost per year ÷
$7.85 estimated savings per arrival = 4
arrivals per year (rounded up)).
45
This
compares to the three arrivals currently
required under the baseline ($100
current Global Entry fee ÷ 5 years of
membership = $20 membership cost per
year; $20 membership cost per year ÷
$7.85 estimated savings per arrival = 3
arrivals per year (rounded up)).
B. Regulatory Flexibility Act
This section examines the impact of
the rule on small entities as required by
the Regulatory Flexibility Act (5 U.S.C.
601 et. seq.), as amended by the Small
Business Regulatory Enforcement and
Fairness Act of 1996 (SBREFA). A small
entity may be a small business (defined
as any independently owned and
operated business not dominant in its
field that qualifies as a small business
per the Small Business Act); a small not-
for-profit organization; or a small
governmental jurisdiction (locality with
fewer than 50,000 people).
If finalized, the rule will directly
regulate individuals who are primarily
not considered small entities under the
Regulatory Flexibility Act, as amended
by SBREFA. However, a small number
of individuals may obtain the rule’s
trusted traveler benefit as a sole
proprietor. When choosing to re-enroll
in the SENTRI or Global Entry programs
once this rule is in effect, these sole
proprietors must determine if the
benefit of receiving dedicated CBP
processing still meets or exceeds the
cost of joining one of these programs. If
an individual voluntarily chooses to
join the SENTRI or Global Entry
programs as a sole proprietor under this
rule and he/she is approved for
membership, he/she would incur a
maximum cost of $20 per year (based on
the new Global Entry enrollment fee
change from $100 to $120 for adult
applicants).
46
CBP does not believe that
this cost would result in a significant
economic impact. For these reasons,
CBP certifies that the proposed rule
would not have a significant economic
impact on a substantial number of small
entities.
C. Unfunded Mandates Reform Act of
1995
This rule will not result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year (adjusted for inflation),
and it will not significantly or uniquely
affect small governments. Therefore, no
actions are necessary under the
provisions of the Unfunded Mandates
Reform Act of 1995.
D. Executive Order 13132
The rule will not have substantial
direct effects on the States, on the
relationship between the National
Government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. Therefore, in
accordance with section 6 of Executive
Order 13132, this rule does not have
sufficient federalism implications to
warrant the preparation of a federalism
summary impact statement.
E. Paperwork Reduction Act
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number assigned by OMB. The
collections of information for the
SENTRI and Global Entry applications
are approved by OMB in accordance
with the Paperwork Reduction Act (44
U.S.C. 3507) under control number
1651–0121.
47
The proposals contained
in these regulations under 8 CFR part
235 revise the collection of information
by requiring electronic submission of
the SENTRI application and propose
eliminating paper Form 823S.
Additionally, this proposed regulation
would require a minor under 18 years
of age applying for membership in
either the SENTRI or Global Entry
trusted traveler program whose parent
or legal guardian is already a member of
the same program to submit his or her
parent’s or legal guardian’s name and
trusted traveler number.
OMB approved collection 1651–0121
will be amended to reflect the
additional SENTRI and Global Entry
information collections for minor
applicants under 18 years of age. CBP
estimates that this rule would result in
an additional 2-minute time burden on
minors under 18 years of age applying
for membership in either the SENTRI or
Global Entry trusted traveler program
whose parent or legal guardian is
already a member of the same program
to submit his or her parent’s or legal
guardian’s name and trusted traveler
number. CBP estimates that this would
affect 785 minor SENTRI applicants and
3,406 minor Global Entry applicants
annually and result in an additional 138
burden hours.
This new, proposed information
collection requirement will result in the
following revision of additional burden
hours to the SENTRI information
collection:
Estimated number of respondents
annually: 785.
Estimated average annual burden per
respondent: 0.033 hours.
Estimated total annual reporting
burden: 26.
The addition of these burden hours
will revise the total burden associated
with the SENTRI application to 84,878.
These new, proposed requirements
will result in the following revision of
additional burden hours for the Global
Entry information collection:
Estimated number of respondents
annually: 3,406.
Estimated average annual burden per
respondent: 0.033 hours.
Estimated total annual reporting
burden: 112.
The addition of these burden hours
will revise the total burden associated
with the Global Entry application to
947,782.
These proposed regulations change
the SENTRI fee from $122.25 to $120 for
adults and certain minors and reduce
the fee for minors from the fee currently
applicable under the family option plan
to zero when a parent or legal guardian
is a participant in or concurrently
applying for SENTRI. CBP is also
proposing to require that the entire fee
be paid when submitting an application.
Currently, renewing and prospective
SENTRI participants are only required
to pay a $25 application fee and a
$14.50 FBI fingerprinting fee, for a total
of $39.50, when submitting a SENTRI
program application and an applicant is
not responsible for the remaining fee
component ($82.75 DCL fee) if he or she
does not receive a conditional approval.
Under the proposed rule, a SENTRI
applicant who does not receive a
conditional approval would see an
$80.50 increase in price ([$120 proposed
SENTRI fee—$39.50 current SENTRI
application fee] = $80.50). The total
annual estimated costs associated with
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CBP’s trusted traveler databases do not track
which participants have family members that also
participate in the program and would be exempt
from the fee due to family membership fee caps. As
such, this may not reflect the actual costs of the
SENTRI fee to respondents.
49
CBP’s trusted traveler databases do not track
which participants have family members that also
participate in the program and would be exempt
from the fee due to family membership fee
exemptions. As such, this may not reflect the actual
costs of the Global Entry fee to respondents.
the SENTRI fee that is currently
approved by OMB under control
number 1651–0121 is $15,482,351.
Under these proposed regulations, the
total annual estimated costs associated
with the SENTRI fee could be
$15,616,187, which reflects an increase
of $133,836.
48
These proposed regulations also
change the Global Entry fee from $100
to $120 for adults and certain minors (8
CFR 235.12 and 8 CFR 103.7) and
reduce the fee for certain minors from
$100 to zero when a parent or legal
guardian is a participant in or
concurrently applying for Global Entry
(8 CFR 235.12 and 8 CFR 103.7). The
total annual estimated costs associated
with Global Entry that is currently
approved by OMB under control
number 1651–0121 is $141,443,400.
Under these proposed regulations, the
total annual estimated costs associated
with the Global Entry fee could be
$163,949,820, which reflects an increase
of $22,506,420.
49
Comments concerning the collections
of information should be directed to the
Border Security Regulations Branch,
Regulations and Rulings, U.S. Customs
and Border Protection, 90 K Street, NE
(10th Floor), Washington, DC 20229.
F. Privacy
CBP generally requires travelers to
apply for membership in a CBP trusted
traveler program, such as Global Entry
and NEXUS, through the TTP Systems
website (https://ttp.cbp.dhs.gov/). For
the SENTRI program, CBP accepts
electronic applications through the TTP
Systems website and paper applications
(SENTRI Application, CBP Form 823S).
CBP uses the cloud-based Trusted
Traveler Program (TTP) System for
online application to CBP programs; and
the use of the General Services
Administration (GSA) Login.gov portal
for identity authentication. CBP
maintains trusted traveler information
in the Global Enrollment System (GES),
Trusted Traveler Program (TTP) System,
and DHS Automated Biometric
Identification System (IDENT). The
personally identifiable information
provided by the applicants, including
the fingerprint biometrics taken at the
time of the personal interview, may be
shared with other government and law
enforcement agencies in accordance
with applicable laws and regulations,
including as described in the Privacy
Act system of records notice for GES
(Department of Homeland/U.S. Customs
and Border Protection—002 Global
Enrollment System (GES) System of
Records, 78 FR 3441 (Jan. 16, 2013),
available at http://www.gpo.gov/fdsys/
pkg/FR-2013-01-16/html/2013-
00804.htm and http://www.dhs.gov/
system-records-notices-sorns. CBP
provides additional information about
GES and its CBP trusted traveler
programs in its Privacy Impact
Assessment (PIA) for GES, DHS/CBP/
PIA—002 Global Enrollment System,
and subsequent updates, available at
https://www.dhs.gov/publication/global-
enrollment-system-ges. Applicants’
biometric information (fingerprints,
photographs) submitted as part of a GES
application are stored in the DHS
biometric repository, DHS Automated
Biometric Identification System
(IDENT). DHS has provided information
about IDENT in the Privacy Impact
Assessment for the Automated
Biometric Identification System
(IDENT), DHS/NPPD/PIA—002 (Dec. 7,
2012), and Appendices, available at
https://www.dhs.gov/publication/
dhsnppdpia-002-automated-biometric-
identification-system.
G. Signature
The Acting Secretary of Homeland
Security, Chad F. Wolf, having reviewed
and approved this document, is
delegating the authority to electronically
sign this document to Chad R. Mizelle,
who is the Senior Official Performing
the Duties of the General Counsel for
DHS, for purposes of publication in the
Federal Register.
VI. List of Subjects
8 CFR Part 103
Administrative practice and
procedure, Authority delegations
(Government agencies), Freedom of
information, Immigration, Privacy,
Reporting and recordkeeping
requirements, Surety bonds.
8 CFR Part 235
Administrative practice and
procedure, Aliens, Immigration,
Reporting and recordkeeping
requirements.
VII. Proposed Amendments to the
Regulations
For the reasons set forth in the
preamble, CBP proposes to amend 8
CFR parts 103 and 235 as set forth
below.
PART 103—IMMIGRATION BENEFITS;
BIOMETRIC REQUIREMENTS;
AVAILABILITY OF RECORDS
1. The authority citation for part 103
is revised to read as follows:
Authority: 5 U.S.C. 301, 552, 552a; 8 U.S.C.
1101, 1103, 1304, 1356, 1365b; 1372; 31
U.S.C. 9701; 48 U.S.C. 1806; Public Law 107–
296, 116 Stat. 2135 (6 U.S.C. 1 et seq.), E.O.
12356, 47 FR 14874, 15557, 3 CFR, 1982
Comp., p. 166; 8 CFR part 2, Pub. L. 112–54,
125 Stat 550; 31 CFR part 223.
2. Amend § 103.7 as follows:
a. Removing and reserving paragraph
(b)(1)(ii)(A)
b. Adding a new sentence at the end
of paragraph (b)(1)(ii)(G);
c. Revising paragraph (b)(1)(ii)(M);
d. Adding a new paragraph
(b)(1)(ii)(P).
The additions and revision read as
follows:
§ 103.7 Fees.
* * * * *
(b) * * *
(1) * * *
(ii) * * *
(A) [Reserved].
* * * * *
(G) * * * For the SENTRI program,
see paragraph (b)(1)(ii)(P) of this section.
* * * * *
(M) Global Entry. For filing an
application for Global Entry—$120.
Minors under the age of 18 who apply
to the Global Entry program
concurrently with a parent or legal
guardian, or whose parent or legal
guardian is already a member of Global
Entry, are exempt from payment of the
application fee.
* * * * *
(P) SENTRI program. For filing an
application for the SENTRI program—
$120. Minors under the age of 18 who
apply to the SENTRI program
concurrently with a parent or legal
guardian, or whose parent or legal
guardian is already a member of
SENTRI, are exempt from payment of
the application fee. One vehicle may be
registered for use in the SENTRI lanes
during the initial application or renewal
process at no additional charge. If an
applicant or participant wishes to
register more than one vehicle for use in
the SENTRI lanes, or the participant
registers his or her first vehicle after the
initial application or renewal process,
he or she will be assessed an additional
fee of $42 for each vehicle.
* * * * *
PART 235—INSPECTION OF PERSONS
APPLYING FOR ADMISSION
3. The authority citation for part 235
is revised to read as follows:
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Authority: 6 U.S.C. 218 and note; 8 U.S.C.
1101 and note, 1103, 1158, 1182, 1183, 1185
(pursuant to E.O. 13323, 69 FR 241, 3 CFR,
2004 Comp., p.278), 1185 note, 1201, 1224,
1225, 1226, 1228, 1365a note, 1365b, 1379,
1731–32; 48 U.S.C 1806 and note.4. In
§ 235.7, revise the heading and redesignate
paragraphs (a)(1)(ii) through (iv) as
paragraphs (a)(1)(iii) through (v) and add
paragraph (a)(1)(ii) to read as follows:
§ 235.7 Automated inspection services
(PORTPASS)
(a) * * *
(1) * * *
(i) * * *
(ii) SENTRI program. Although the
SENTRI program is a PORTPASS
program, all the parameters of the
SENTRI program, including the
eligibility requirements, application
procedures, redress procedures,
registration of vehicles, use of dedicated
commuter lanes, and fee requirements
are specified in 8 CFR 235.14. For
purposes of the SENTRI program, 8 CFR
235.14 supersedes the provisions of
section 235.7.
* * * * *
5. Amend § 235.12 by revising
paragraphs (a), (b)(2) introductory text,
(c), (d)(2), (3), (e)(1), (g), (h), (j) and (k)
to read as follows:
§ 235.12 Global Entry program.
(a) Program description. The Global
Entry program is a voluntary
international trusted traveler program
consisting of an integrated passenger
processing system that facilitates the
movement of pre-approved air travelers
into the United States by providing an
alternate inspection process. In order to
participate, a person must meet the
eligibility requirements specified in this
section, apply in advance, undergo pre-
screening by CBP, and be accepted into
the program. The Global Entry program
allows participants dedicated CBP
processing at selected airports identified
by CBP at www.cbp.gov. Participants in
the Global Entry program may also be
able to take advantage of certain benefits
of the Secure Electronic Network for
Travelers Rapid Inspection (SENTRI)
and NEXUS programs. Please see http://
www.cbp.gov for additional information.
Participants will be processed through
the use of CBP-approved technology
that will include the use of biometrics
to validate identity and to perform
enforcement queries.
(b) * * *
(2) Disqualifying factors. An
individual is ineligible to participate in
Global Entry if CBP, at its sole
discretion, determines that the
individual presents a potential risk for
terrorism or criminality (such as
smuggling), or if CBP is unable to
establish that the applicant can be
considered low-risk. This risk
determination will be based in part
upon an applicant’s ability to
demonstrate past compliance with laws,
regulations, and policies. Reasons why
an applicant may not qualify for
participation include:
* * * * *
(c) Participating airports. The Global
Entry program allows participants
dedicated CBP processing at the
locations identified at www.cbp.gov.
Expansions of the Global Entry program
to new airports will be announced by
publication in the Federal Register and
at www.cbp.gov.
(d) * * *
(2) Except for certain minors, all
applicants must pay the non-refundable
fee in the amount set forth at 8 CFR
103.7(b)(1)(ii)(M) for ‘‘Global Entry’’.
Minors under the age of 18 who apply
to the Global Entry program
concurrently with a parent or legal
guardian, or whose parent or legal
guardian is already a member of Global
Entry, are exempt from payment of the
applicable fee. The fee is to be paid to
CBP at the time of application through
TTP Systems, https://ttp.cbp.dhs.gov, or
other CBP-approved process.
(3) Every applicant accepted into
Global Entry is accepted for a period of
5 years provided participation is not
terminated by CBP prior to the end of
the 5-year period. Each applicant may
apply to renew participation up to one
year prior to the close of the
participation period.
* * * * *
(e) * * *
(1) After submitting the application,
the applicant will be notified by CBP
that he or she needs to appear for a
personal interview.
* * * * *
(g) Arrival Procedures. In order to
utilize the Global Entry program, each
participant must:
(1) Proceed to Global Entry Processing
and follow all CBP instructions; and
(2) Proceed to the nearest open
primary inspection station if CBP
determines it is appropriate.
(h) Application for Entry,
Examination and Inspection. Each
successful use of Global Entry
constitutes a separate and completed
inspection and application for entry by
the participant on the date that Global
Entry is used. Global Entry participants
may be subject to further CBP
examination and inspection at any time
during the arrival process.
* * * * *
(j) Denial and removal.
(1) If an applicant is denied
participation in Global Entry, CBP will
notify the applicant of the denial and
the reasons for the denial. CBP will also
provide instructions regarding how to
proceed if the applicant wishes to seek
additional information as to the reason
for the denial.
(2) A Global Entry participant may be
removed from the program for any of the
following reasons:
(i) CBP, at its sole discretion,
determines that the participant has
engaged in any disqualifying activities
under the Global Entry program as
outlined in § 235.12(b)(2);
(ii) CBP, at its sole discretion,
determines that the participant provided
false information in the application and/
or during the application process;
(iii) CBP, at its sole discretion,
determines that the participant failed to
follow the terms, conditions, and
requirements of the program;
(iv) CBP determines that the
participant has been arrested or
convicted of a crime or otherwise
determines, at its sole discretion, that
the participant no longer meets the
program eligibility criteria; or
(v) CBP, at its sole discretion,
determines that such action is otherwise
necessary.
(3) CBP will notify the participant of
his or her removal in writing. Such
removal is effective immediately.
(4) An applicant or participant denied
or removed will not receive a refund, in
whole or in part, of his or her
application processing fee.
(k) Redress. An individual whose
application is denied or whose
participation is terminated has two
possible methods of redress. These
processes do not create or confer any
legal right, privilege or benefit on the
applicant or participant, and are wholly
discretionary on the part of CBP. The
methods of redress are:
(1) DHS Traveler Redress Inquiry
Program (DHS TRIP). The applicant/
participant may choose to initiate the
redress process through DHS Traveler
Redress Program (DHS TRIP). An
applicant/participant seeking redress
may obtain the necessary forms and
information to initiate the process on
the DHS TRIP website at www.dhs.gov/
trip, or by contacting DHS TRIP by mail
at the address on this website.
(2) Ombudsman. Applicants
(including applicants who were not
scheduled for an interview at an
enrollment center) and participants may
contest a denial or removal by
submitting a reconsideration request to
the CBP Trusted Traveler Ombudsman
through TTP Systems, https://
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Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Proposed Rules
ttp.cbp.dhs.gov, or other CBP approved
process.
6. Add new § 235.14 to read as
follows:
§ 235.14 SENTRI program.
(a) Program description. The Secure
Electronic Network for Travelers Rapid
Inspection (SENTRI) trusted traveler
program is a voluntary program that
allows certain pre-approved travelers
dedicated processing at specified land
border ports along the U.S.–Mexico
border. In order to participate, a person
must meet the eligibility requirements
specified in this section, apply in
advance, undergo pre-screening by CBP,
and be accepted into the program. A
SENTRI participant will be issued a
Radio Frequency Identification (RFID)
card or other CBP-approved document
that grants the individual access to
specific, dedicated primary lanes
(SENTRI lanes). These lanes are
identified at http://www.cbp.gov. A
SENTRI participant may utilize a
vehicle in the dedicated SENTRI lanes
into the United States from Mexico only
if the vehicle is approved by CBP for
such purpose. Participants in the
SENTRI program may also be able to
take advantage of certain benefits of the
Global Entry and NEXUS programs.
Please see http://www.cbp.gov and
www.cbp.gov for additional information.
(b) Program eligibility criteria.
(1) Eligible individuals. Any
individual may apply to participate in
the SENTRI program absent any of the
disqualifying factors described in
paragraph (b)(2) of this section. Persons
under the age of 18 must have the
consent of a parent or legal guardian to
participate in the SENTRI program and
provide proof of such consent in
accordance with CBP instructions.
(2) Disqualifying factors. An
individual is ineligible to participate in
the SENTRI program if CBP, at its sole
discretion, determines that the
individual presents a potential risk for
terrorism, criminality (such as
smuggling), or CBP is unable to
establish that the applicant can be
considered low-risk. This risk
determination will be based in part
upon an applicant’s ability to
demonstrate past compliance with laws,
regulations, and policies. Reasons why
an applicant may not qualify for
participation include:
(i) The applicant provides false or
incomplete information on his or her
application;
(ii) The applicant has been arrested
for, or convicted of, any criminal offense
or has pending criminal charges or
outstanding warrants in any country;
(iii) The applicant has been found in
violation of any customs, immigration,
or agriculture regulations, procedures,
or laws in any country;
(iv) The applicant is the subject of an
investigation by any federal, state or
local law enforcement agency in any
country;
(v) The applicant is inadmissible to
the United States under applicable
immigration laws or has, at any time,
been granted a waiver of inadmissibility
or parole;
(vi) The applicant is known or
suspected of being or having been
engaged in conduct constituting, in
preparation for, in aid of, or related to
terrorism; or
(vii) The applicant cannot satisfy CBP
of his or her low-risk status or meet
other program requirements.
(c) Program application.
(1) Each applicant must complete and
submit the program application
electronically through an approved
application process as determined by
CBP. The application and application
instructions for the SENTRI program are
available at www.cbp.gov.
(2) During the application process, an
applicant must provide information on
any vehicle that will utilize the SENTRI
lanes. The vehicle must be approved by
CBP to utilize the dedicated SENTRI
lanes. There is no fee to register one
vehicle for use in the SENTRI lanes,
provided the vehicle is registered at the
time of initial application or at renewal.
If the vehicle is registered after the
initial application or renewal is filed, or
if an applicant or participant wishes to
register more than one vehicle for use in
the SENTRI lanes, he or she will be
assessed an additional fee in the amount
set forth at 8 CFR 103.7(b)(1)(ii)(P). The
fee is to be paid to CBP at the time the
vehicle is registered through TTP
Systems, https://ttp.cbp.dhs.gov, or
other CBP-approved process.
(3) Except for certain minors, all other
applicants must pay the non-refundable
fee in the amount set forth at 8 CFR
103.7(b)(1)(ii)(P) for the ‘‘SENTRI
program’’. Minors under the age of 18
who apply concurrently with a parent or
legal guardian, or whose parent or legal
guardian is already a member of
SENTRI, are exempt from payment of
the applicable fee. The fee is to be paid
to CBP at the time of application
through TTP Systems, https://
ttp.cbp.dhs.gov, or other CBP-approved
process.
(4) Every applicant accepted into the
SENTRI program is accepted for a
period of 5 years provided participation
is not terminated by CBP prior to the
end of the 5-year period. Each applicant
may apply to renew participation up to
one year prior to the close of the
participation period.
(5) Each applicant may check the
status of his or her application through
his or her account with the application
system in use for the SENTRI program.
(d) Interview and enrollment.
(1) After submitting the application,
the applicant will be notified by CBP to
schedule a personal interview at an
enrollment center.
(2) Each applicant must bring to the
interview with CBP the original of the
identification document specified in his
or her application. During the interview,
CBP will collect biometric information
from the applicant (e.g., a set of
fingerprints and/or digital photograph)
to conduct background checks or as
otherwise required for participation in
the program.
(3) CBP may provide for alternative
enrollment procedures, as necessary, to
facilitate enrollment and ensure an
applicant’s eligibility for the program.
(e) SENTRI lanes. A SENTRI
participant is issued a Radio Frequency
Identification (RFID) card or other CBP-
approved document. This RFID card or
other CBP-approved document will
grant the participant access to specific,
dedicated primary lanes into the United
States from Mexico (SENTRI lanes).
These lanes are identified at http://
www.cbp.gov. A SENTRI participant
may utilize a vehicle in the dedicated
SENTRI lanes into the United States
from Mexico only if the vehicle is
approved by CBP for such purpose.
(f) Denial and removal.
(1) If an applicant is denied
participation in the SENTRI program, or
an applicant’s or participant’s vehicle is
not approved for use in the SENTRI
lanes, CBP will notify the applicant of
the denial, and the reasons for the
denial. CBP will also provide
instructions regarding how to proceed if
the applicant wishes to seek additional
information as to the reason for the
denial.
(2) A SENTRI participant may be
removed from the program for any of the
following reasons:
(i) CBP, at its sole discretion,
determines that the participant has
engaged in any disqualifying activities
as outlined in § 235.14(b)(2);
(ii) CBP, at its sole discretion,
determines that the participant provided
false information in the application and/
or during the application process;
(iii) CBP, at its sole discretion,
determines that the participant failed to
follow the terms, conditions and
requirements of the program;
(iv) CBP determines that the
participant has been arrested or
convicted of a crime or otherwise
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Federal Register / Vol. 85, No. 175 / Wednesday, September 9, 2020 / Proposed Rules
determines, at its sole discretion, that
the participant no longer meets the
program eligibility criteria; or
(v) CBP, at its sole discretion,
determines that such action is otherwise
necessary.
(3) CBP will notify the participant of
his or her removal in writing. Such
removal is effective immediately.
(4) An applicant or participant denied
or removed will not receive a refund, in
whole or in part, of his or her
application fee.
(g) Redress. An individual whose
application is denied or whose
participation is terminated has two
possible methods for redress. These
processes do not create or confer any
legal right, privilege, or benefit on the
applicant or participant, and are wholly
discretionary on the part of CBP. The
methods of redress are:
(1) DHS Traveler Redress Inquiry
Program (DHS TRIP). The applicant/
participant may choose to initiate the
redress process through DHS TRIP. An
applicant/participant seeking redress
may obtain the necessary forms and
information to initiate the process on
the DHS TRIP website at www.dhs.gov/
trip, or by contacting DHS TRIP by mail
at the address on this website.
(2) Ombudsman. Applicants and
participants may contest a denial or
removal from the program or the denial
or removal of their vehicle(s) for use in
the SENTRI lanes by submitting a
reconsideration request to the CBP
Trusted Traveler Ombudsman through
TTP Systems, https://ttp.cbp.dhs.gov, or
other CBP approved process.
Chad R. Mizelle,
Senior Official Performing the Duties of the
General Counsel, U.S. Department of
Homeland Security.
[FR Doc. 2020–16369 Filed 9–8–20; 8:45 am]
BILLING CODE 9111–14–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2020–0790; Product
Identifier 2020–NM–077–AD]
RIN 2120–AA64
Airworthiness Directives; ATR—GIE
Avions de Transport Re
´gional
Airplanes
AGENCY
: Federal Aviation
Administration (FAA), DOT.
ACTION
: Notice of proposed rulemaking
(NPRM).
SUMMARY
: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain ATR—GIE Avions de Transport
Re
´gional Model ATR42–300, –320, and
–500 airplanes; and all Model ATR72–
101, –102, –201, –202, –211, –212, and
–212A airplanes. This proposed AD was
prompted by reports of defective seat
tracks. This proposed AD would require
a detailed visual inspection of each
affected part for deficiencies (sealant
blockage and out of tolerance
ligaments), and depending on findings,
accomplishment of applicable corrective
actions, as specified in a European
Union Aviation Safety Agency (EASA)
AD, which will be incorporated by
reference. The FAA is proposing this
AD to address the unsafe condition on
these products.
DATES
: The FAA must receive comments
on this proposed AD by October 26,
2020.
ADDRESSES
: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: 202–493–2251.
Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
For material that will be incorporated
by reference (IBR) in this AD, contact
the EASA, Konrad-Adenauer-Ufer 3,
50668 Cologne, Germany; phone: +49
221 8999 000; email: ADs@
easa.europa.eu; internet:
www.easa.europa.eu. You may find this
IBR material on the EASA website at
https://ad.easa.europa.eu. You may
view this IBR material at the FAA,
Airworthiness Products Section,
Operational Safety Branch, 2200 South
216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
It is also available in the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0790.
Examining the AD Docket
You may examine the AD docket on
the internet at https://
www.regulations.gov by searching for
and locating Docket No. FAA–2020–
0790; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this NPRM, any
comments received, and other
information. The street address for
Docket Operations is listed above.
Comments will be available in the AD
docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT
:
Shahram Daneshmandi, Aerospace
Engineer, Large Aircraft Section,
International Validation Branch, FAA,
2200 South 216th St., Des Moines, WA
98198; phone and fax: 206–231–3220;
email: shahram.daneshmandi@faa.gov.
SUPPLEMENTARY INFORMATION
:
Comments Invited
The FAA invites you to participate in
this rulemaking by submitting written
comments, data, or views about this
proposal. The most helpful comments
reference a specific portion of the
proposal, explain the reason for any
recommended change, and include
supporting data. To ensure the docket
does not contain duplicate comments,
commenters should submit only one
copy of the comments. Send your
comments to an address listed under the
ADDRESSES
section. Include ‘‘Docket No.
FAA–2020–0790; Product Identifier
2020–NM–077–AD’’ at the beginning of
your comments. The FAA will consider
all comments received by the closing
date and may amend this NPRM based
on those comments.
Except for Confidential Business
Information (CBI) as described in the
following paragraph, and other
information as described in 14 CFR
11.35, the FAA will post all comments
the FAA receives, without change, to
https://www.regulations.gov, including
any personal information you provide.
The FAA will also post a report
summarizing each substantive verbal
contact the FAA receives about this
NPRM.
Confidential Business Information
CBI is commercial or financial
information that is both customarily and
actually treated as private by its owner.
Under the Freedom of Information Act
(FOIA) (5 U.S.C. 552), CBI is exempt
from public disclosure. If your
comments responsive to this NPRM
contain commercial or financial
information that is customarily treated
as private, that you actually treat as
private, and that is relevant or
responsive to this NPRM, it is important
that you clearly designate the submitted
comments as CBI. Please mark each
page of your submission containing CBI
as ‘‘PROPIN.’’ The FAA will treat such
marked submissions as confidential
under the FOIA, and they will not be
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