Notice2024-06852
Increase in the NEXUS Application Fee and Change in the NEXUS Application Fee for Certain Minors
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 2, 2024
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
In this document, CBP is announcing an increase in the application fee for the NEXUS program and a change in the NEXUS application fee for certain minors. This change to the NEXUS program is being made simultaneously with changes to the Global Entry and Secure Electronic Network for Travelers Rapid Inspection (SENTRI) programs in order to harmonize the fees, application procedures and standard for exempting minors from payment of the application fee. CBP is simultaneously issuing a separate final rule updating the Global Entry and SENTRI regulations to be consistent with the changes herein.
Full Text
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<title>Federal Register, Volume 89 Issue 64 (Tuesday, April 2, 2024)</title>
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[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Notices]
[Pages 22733-22736]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-06852]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Increase in the NEXUS Application Fee and Change in the NEXUS
Application Fee for Certain Minors
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: General notice.
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SUMMARY: In this document, CBP is announcing an increase in the
application fee for the NEXUS program and a change in the NEXUS
application fee for certain minors. This change to the NEXUS program is
being made simultaneously with changes to the Global Entry and Secure
Electronic Network for Travelers Rapid Inspection (SENTRI) programs in
order to harmonize the fees, application procedures and standard for
exempting minors from payment of the application fee. CBP is
simultaneously issuing a separate final rule updating the Global Entry
and SENTRI regulations to be consistent with the changes herein.
DATES: New applicants and participants applying for renewal, including
specified minors under the age of 18, who submit applications to the
NEXUS program on or after October 1, 2024, must pay a $120 non-
refundable application fee at the time of the application submission.
FOR FURTHER INFORMATION CONTACT: Rafael E. Henry, Branch Chief, Office
of Field Operations, (202) 344-3251, <a href="/cdn-cgi/l/email-protection#1240737473777e3c573c5a777c606b527170623c767a613c757d64"><span class="__cf_email__" data-cfemail="3f6d5e595e5a53117a11775a514d467f5c5d4f115b574c11585049">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
U.S. Customs and Border Protection (CBP) operates several trusted
traveler programs at land, sea, and air ports of entry that allow
dedicated processing for entry into the United States for certain pre-
approved, low-risk travelers. Three of those programs are the Secure
Electronic Network for Travelers Rapid Inspection (SENTRI) program, the
Global Entry program, and the NEXUS program.\1\ Each of these three
programs originally had different application fees and a different
policy as to whether minors \2\ were charged an application fee. CBP is
now harmonizing the application fees and establishing a uniform
standard for exempting minors from payment of the application fee. In
this document, CBP is announcing that, to harmonize the NEXUS
application fee with the Global Entry and SENTRI application fees, the
NEXUS application fee will be raised to $120 and certain minors, who
are currently exempt from the payment of the application fee, will be
required to pay the application fee. CBP is simultaneously issuing a
separate final rule updating the Global Entry and SENTRI regulations to
make those provisions consistent with the changes herein.\3\
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\1\ 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 Department of Homeland Security
(DHS) trusted traveler program administered by the Transportation
Security Administration (TSA).
\2\ For the purposes of this notice, we use the term ``minor''
to mean a person who is under the age of 18. The choice of this age
range for a minor is based on the standard age of adulthood in the
United States (18) as well as the age previously used and currently
agreed to by Canada concerning exemption of minors from payment of
the NEXUS fee.
\3\ CBP published a notice of proposed rulemaking in the Federal
Register on September 9, 2020, proposing the changes to harmonize
the Global Entry and SENTRI application fees and fees for minors
consistent with the changes herein. See 85 FR 55597. After review of
comments received on that NPRM, CBP is publishing a final rule
implementing those proposed changes concurrent with this notice.
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Overview of the NEXUS Program
The NEXUS program is a joint trusted traveler program between U.S.
Customs and Border Protection (CBP) and the Canada Border Services
Agency (CBSA) that allows certain pre-approved, low-risk travelers
dedicated processing by both U.S. and Canadian officials at designated
lanes at certain northern land border ports of entry, at automated
kiosks at Canadian preclearance airports, and at NEXUS marine reporting
locations.
An individual is eligible to apply for the NEXUS program if he or
she is a citizen or lawful permanent resident of the United States or
Canada or is a qualified Mexican national.\4\ Reasons
[[Page 22734]]
why an applicant may not qualify for participation include, but are not
limited to:
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\4\ Pursuant to a Memorandum of Understanding between the
Department of Public Safety of Canada, the Secretariat of Governance
of the United Mexican States, and the U.S. Department of Homeland
Security, Mexican nationals who are members of the Mexican Trusted
Traveler Program ``Viajero Confiable'' are eligible to apply for
NEXUS membership. CBP and CBSA will continue to make all eligibility
and membership determinations.
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<bullet> The applicant is inadmissible to the United States or
Canada under applicable immigration laws;
<bullet> The applicant provides false or incomplete information on
their application;
<bullet> The applicant has been convicted of a criminal offense in
any country;
<bullet> The applicant has been found in violation of customs,
agriculture, or immigration law; or
<bullet> The applicant fails to meet other requirements of the
NEXUS program.
All applicants must undergo a thorough background check against
criminal, law enforcement, customs, immigration, and terrorist
databases by U.S. and Canadian authorities, a 10-fingerprint law
enforcement check, and a personal interview with both a CBP officer and
a CBSA officer. Minors are eligible to apply to the NEXUS program with
the consent of a parent or legal guardian. Such minors are subject to
the same background checks and interview process as all other
applicants. Additionally, for minors, a parent or legal guardian must
be present at the time of the interview with CBP and CBSA. To be
accepted into the NEXUS program, both the United States and Canada must
approve the person's application.
Individuals can apply to the NEXUS program via the Trusted Traveler
Program Systems (TTP System) website at <a href="https://ttp.cbp.dhs.gov">https://ttp.cbp.dhs.gov</a>
(formerly Global Online Enrollment System (GOES): website, <a href="https://goes-app.cbp.dhs.gov">https://goes-app.cbp.dhs.gov</a>).
Prior to the effective date of this notice, a non-refundable $50
application fee was required with the submission of the application and
minors were exempt from payment of an application fee. Pursuant to this
notice and as described in further detail below, the fee for NEXUS will
be raised to $120 for adult applicants and certain minors. A minor
applying concurrently with a parent or legal guardian or whose parent
or legal guardian is already a NEXUS member will be exempt from payment
of the fee. If applicable, the applicant must pay the non-refundable
fee through the TTP System at the time he or she submits the
application.
After the applicant completes the application and submits the
application fee, the TTP System will send an automatic notification to
the applicant regarding whether they are conditionally approved or
denied acceptance into the NEXUS program. If the applicant is
conditionally accepted into the program, CBP will notify them via the
TTP System that they are to schedule a personal interview with both CBP
and CBSA. The information regarding the interview process and locations
will be included with the notification to schedule an interview and is
provided on: <a href="https://www.cbp.gov/travel/trusted-traveler-programs/nexus/nexus-enrollment-centers">https://www.cbp.gov/travel/trusted-traveler-programs/nexus/nexus-enrollment-centers</a>.
If either the United States or Canada denies an application, the
applicant cannot be accepted into the NEXUS program, as membership
requires approval by both countries. If CBP denies an application or
terminates a participant's membership, there are two methods of redress
available. These two methods of redress are: initiating the redress
process through the DHS Traveler Redress Inquiry Program (DHS TRIP) at
<a href="http://www.dhs.gov/trip">www.dhs.gov/trip</a> or contacting the CBP Trusted Traveler Ombudsman via a
reconsideration request filed through the TTP System at <a href="https://ttp.cbp.dhs.gov">https://ttp.cbp.dhs.gov</a>. If CBSA denies an application or terminates a
participant's membership, the applicant or member will be directed to
contact CBSA regarding the denial or termination.
Once an individual is accepted into the NEXUS program, CBP will
issue a NEXUS Western Hemisphere Travel Initiative (WHTI)-approved \5\
Radio Frequency Identification (RFID) card. CBP will charge a $25 fee
for any replacement RFID card, for example if the card is lost or
stolen or the member needs to update their name. When a replacement
card is requested, CBP will deactivate the original RFID card and the
original card will no longer function. This NEXUS RFID card allows a
participant to receive dedicated processing at NEXUS designated lanes
at certain northern border land ports of entry, at automated kiosks at
Canadian preclearance airports, and at NEXUS marine reporting locations
in the United States and Canada. As a benefit of NEXUS membership, a
NEXUS participant may also utilize Global Entry processes for dedicated
CBP processing at participating airports, as well as SENTRI lanes
subject to certain limitations as described further below.
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\5\ 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, section
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 identify a traveler quickly and
reliably. WHTI-compliant documents include valid U.S. passports,
passport cards, trusted traveler program cards, and others.
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NEXUS membership is valid for five years. During this five-year
membership period, CBP continually vets NEXUS participants through law
enforcement databases to ensure that they comply with the program
requirements. At the end of the five-year membership period, NEXUS
members may apply to renew their memberships by submitting a new
application and non-refundable application fee.
Additional information regarding the NEXUS program may be found at
<a href="https://www.cbp.gov/travel/trusted-traveler-programs/nexus">https://www.cbp.gov/travel/trusted-traveler-programs/nexus</a>.
Harmonizing the CBP Trusted Traveler Program Fees
The NEXUS program is just one of several voluntary trusted traveler
programs that provide dedicated processing for pre-approved, low-risk
travelers. The Global Entry program allows pre-approved, low-risk
travelers dedicated CBP processing at designated airports. The SENTRI
program allows dedicated processing at specified land border ports
along the United States-Mexico border for pre-approved, low-risk
travelers. When the NEXUS, Global Entry and SENTRI programs were
established, each had a separate application process. The information
about participants of each program were contained in separate
databases, and each program provided its participants with different
benefits. Each program was intended to be used in different geographic
regions for different modes of transportation. The SENTRI program was
created for travelers at the U.S.-Mexico border traveling by vehicle.
The NEXUS program was established for travelers frequently traveling
between the United States and Canada. The Global Entry program was
intended to provide dedicated CBP processing into the United States for
frequent international air travelers. Due to these differences, there
were specific reasons for the programs to have different costs,
procedures, and fees. However, with the expansion of the Global Entry
program, the success of all three programs, and advances in technology,
CBP has since created a uniform application, a centralized database,
and has allowed certain shared benefits across the Global Entry, SENTRI
and NEXUS programs.
The Global Entry, SENTRI, and NEXUS programs now use the same
application on the TTP System website located at <a href="https://ttp.cbp.dhs.gov">https://ttp.cbp.dhs.gov</a>. An applicant to any of the programs can indicate the
trusted traveler programs to which they wish to apply. CBP officers
perform the same application review
[[Page 22735]]
and vetting process on all NEXUS, SENTRI and Global Entry applicants.
All of these applicants must undergo a personal interview and must
submit fingerprints and/or photographic biometrics before acceptance
into any of the programs and are notified of their acceptance or denial
via the TTP System. Applicants or participants can contest their denial
or removal from the NEXUS, Global Entry or SENTRI programs through the
same redress methods, i.e., via DHS TRIP or submitting a
reconsideration request to the CBP Trusted Traveler Ombudsman.
Membership in all three CBP trusted traveler programs is valid for a
five-year membership period. During this five-year membership period
and any subsequent renewal period, CBP performs the same continuous
vetting on all the participants.
In recent years, certain benefits of the programs have been
extended to participants of the other programs. For example,
participants in the NEXUS program and certain participants in the
SENTRI program are permitted to use the Global Entry processing as part
of their membership in those CBP trusted traveler programs.\6\ Global
Entry participants with Global Entry RFID cards may utilize the SENTRI
lanes \7\ and enter the United States via NEXUS lanes, and NEXUS marine
reporting locations. SENTRI participants may enter the United States
via NEXUS lanes, and NEXUS marine reporting locations. NEXUS
participants may utilize the SENTRI lanes.\8\ Despite these
commonalities, each program has retained its own fees and has different
policies regarding whether a minor must pay the application fee. CBP is
now harmonizing the application fees and establishing a uniform
standard for when minors are exempt from payment of the application
fee.
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\6\ See Utilization of Global Entry processing by NEXUS and
SENTRI Participants Federal Register notice, for further information
(75 FR 82202, December 29, 2010). As a benefit of SENTRI membership,
a SENTRI participant who is a U.S. citizen or a U.S. lawful
permanent resident may utilize the Global Entry processing. Mexican
nationals who are SENTRI participants may only utilize the Global
Entry processing upon successful completion of a thorough risk
assessment by the Mexican Government.
\7\ A Global Entry participant with an RFID card may travel as a
passenger in a vehicle using 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. See <a href="https://www.cbp.gov/global-entry/faqs">https://www.cbp.gov/global-entry/faqs</a> for more information.
\8\ A NEXUS participant may travel as a passenger in a vehicle
utilizing 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.
See https://help.cbp.gov/s/article/Article-
227?language=en_US#:~:text=They%20can%20also%20use%20their,not%20for%
20the%20NEXUS%20lanes for more information.
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Increasing the NEXUS Application Fee
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 membership in the Global
Entry, SENTRI and NEXUS programs. CBP determined that a uniform fee of
$120 is appropriate and necessary to recover a reasonable portion of
these costs.\9\ After an examination of CBP's fee study and a series of
joint discussions, CBP and CBSA have mutually agreed to increase the
NEXUS application fee to $120. The $120 application fee will apply to
new applicants and to those members renewing their membership in the
NEXUS program. This non-refundable application fee will continue to be
paid to CBP at the time of the application submission via the TTP
System.
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\9\ Although the $120 fee is the amount necessary to recover a
reasonable portion of the costs associated with the programs, CBP
will not recover all of its costs for the NEXUS program. 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'' for details.
The fee study can be accessed at <a href="https://www.regulations.assumgov/document/USCBP-2020-0035-0038">https://www.regulations.assumgov/document/USCBP-2020-0035-0038</a>.
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Changing the NEXUS Application Fee for Certain Minors
Prior to the effective date of this notice, the Global Entry,
SENTRI and NEXUS programs were not aligned with respect to whether
minors were charged an application fee. The SENTRI program had a
complex family option plan and the Global Entry program charged minors
the full application fee. Meanwhile, the NEXUS program exempted all
minors from payment of the application fee. This disparity resulted in
families choosing a program based on financial considerations instead
of choosing a program based on the features and benefits of the
program. To eliminate this disparity and to reflect the costs to CBP to
operate these programs, CBP is now harmonizing the fees, including
ensuring that minors applying to the various programs are treated in
the same manner and pay the same fee regardless of the program to which
they apply.
In this document, CBP is announcing that minors who apply to the
NEXUS program or apply for renewal will be exempt 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 NEXUS program. If the minor's parent or legal
guardian is already a member, the minor will be required to enter the
parent or legal guardian's name and trusted traveler number to allow
CBP to verify this information. If a minor applies to the NEXUS program
without a concurrent parent or legal guardian application, and if the
applicant's parent or legal guardian is not already a NEXUS
participant, the minor will be charged the full application fee of
$120. This is a change from the previous policy, as all minors were
exempt from the payment of the NEXUS application fee regardless of
their parent or legal guardian's status prior to the effective date of
this notice. After joint discussions and an examination of CBP's fee
study, CBP and CBSA have mutually concurred with the change in the
NEXUS application fee for the specified minors.
All minors applying to the NEXUS program must 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, a parent or legal guardian
must be present at the time of the interview with a CBP and CBSA
officer.\10\
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\10\ CBSA requires that all custodial parents or legal guardians
be present at the time of the interview. For minors with more than
one custodial parent or legal guardian, if only one parent or legal
guardian is present at the interview, any other custodial parents or
guardians must provide a signed letter of consent. See <a href="https://www.cbsa-asfc.gc.ca/services/travel-voyage/prog/nexus/nexus-5-eng.html#a1">https://www.cbsa-asfc.gc.ca/services/travel-voyage/prog/nexus/nexus-5-eng.html#a1</a>. CBP requires one custodial parent or legal guardian to
be present at the time of the interview.
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All other aspects of the NEXUS program remain in effect.
Authority for Announcing Changes to the NEXUS Program Through a Federal
Register Notice
To harmonize the Global Entry and SENTRI fees with the NEXUS fee,
CBP is simultaneously publishing a separate final rule that changes the
application fee for the Global Entry and SENTRI programs to $120 and
creates a unified application fee for minors.
CBP is announcing the changes to the NEXUS fee through this Federal
Register notice, rather than through rulemaking, pursuant to its
statutory authority. As provided in 8 U.S.C. 1753, U.S. border
inspection agencies acting jointly and in cooperation with Canada, may
conduct joint U.S.-Canada inspection projects on the border. The
[[Page 22736]]
NEXUS program is a joint U.S.-Canada trusted traveler program
established in 2002 as part of the U.S.-Canada Shared Border Accord.
Pursuant to 8 U.S.C. 1753(c), fees for services and forms relating to
such joint U.S.-Canadian projects shall be published as a notice in the
Federal Register. The statute further provides that the Administrative
Procedure Act (5 U.S.C. 553) and the Paperwork Reduction Act (44 U.S.C.
3501-3520) shall not apply to the fee setting for services and other
administrative requirements of such joint U.S.-Canadian projects.
Signing Authority
Troy A. Miller, the Senior Official Performing the Duties of the
Commissioner of U.S. Customs and Border Protection, having reviewed and
approved this document, is delegating the authority to electronically
sign this document to Robert F. Altneu, who is the Director of the
Regulations and Disclosure Law Division for CBP, for purposes of
publication in the Federal Register.
Robert F. Altneu,
Director, Regulations & Disclosure Law Division, Regulations & Rulings.
[FR Doc. 2024-06852 Filed 4-1-24; 8:45 am]
BILLING CODE 9111-14-P
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