Notice2021-28005
Collection of Advance Information From Certain Undocumented Individuals on the Land Border
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
December 27, 2021
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Full Text
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<title>Federal Register, Volume 86 Issue 245 (Monday, December 27, 2021)</title>
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[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73304-73306]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-28005]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[1651-0140]
Collection of Advance Information From Certain Undocumented
Individuals on the Land Border
AGENCY: U.S. Customs and Border Protection (CBP), Department of
Homeland Security.
ACTION: 30-Day notice and request for comments; reinstatement with
change of an existing collection of information.
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SUMMARY: The Department of Homeland Security, U.S. Customs and Border
[[Page 73305]]
Protection will be submitting the following information collection
request to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act of 1995 (PRA).
The information collection is published in the Federal Register to
obtain comments from the public and affected agencies.
DATES: Comments are encouraged and must be submitted (no later than
January 26, 2022) to be assured of consideration.
ADDRESSES: Written comments and/or suggestions regarding the item(s)
contained in this notice should be sent within 30 days of publication
of this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
FOR FURTHER INFORMATION CONTACT: Requests for additional PRA
information should be directed to Seth Renkema, Chief, Economic Impact
Analysis Branch, U.S. Customs and Border Protection, Office of Trade,
Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC
20229-1177, Telephone number 202-325-0056 or via email
<a href="/cdn-cgi/l/email-protection#0c4f4e5c535c5e4d4c6f6e7c2268647f226b637a"><span class="__cf_email__" data-cfemail="b2f1f0e2ede2e0f3f2d1d0c29cd6dac19cd5ddc4">[email protected]</span></a>. Please note that the contact information provided
here is solely for questions regarding this notice. Individuals seeking
information about other CBP programs should contact the CBP National
Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP
website at <a href="https://www.cbp.gov/">https://www.cbp.gov/</a>.
SUPPLEMENTARY INFORMATION: CBP invites the general public and other
Federal agencies to comment on the proposed and/or continuing
information collections pursuant to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). This proposed information collection was
previously published in the Federal Register (Volume 86 FR Page 53667)
on September 28, 2021, allowing for a 60-day comment period. This
notice allows for an additional 30 days for public comments. This
process is conducted in accordance with 5 CFR 1320.8. Written comments
and suggestions from the public and affected agencies should address
one or more of the following four points: (1) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (2) the accuracy of the agency's estimate of
the burden of the proposed collection of information, including the
validity of the methodology and assumptions used; (3) suggestions to
enhance the quality, utility, and clarity of the information to be
collected; and (4) suggestions to minimize the burden of the collection
of information on those who are to respond, including through the use
of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses. The
comments that are submitted will be summarized and included in the
request for approval. All comments will become a matter of public
record.
Overview of This Information Collection
Title: Collection of Advance Information from Certain Undocumented
Individuals on the Land Border.
OMB Number: 1651-0140.
Form Number: N/A.
Current Actions: Reinstatement with change.
Type of Review: Reinstatement with change.
Affected Public: Individuals.
Abstract: The Department of Homeland Security (DHS), in
consultation with U.S. Customs and Border Protection (CBP), has
established a process to streamline the processing of undocumented
noncitizens under Title 8 of the United States Code at certain ports of
entry (POEs), as these individuals require secondary processing upon
their arrival, which takes longer than when individuals arrive with
sufficient travel documentation.
CBP is proposing extending and amending this data collection, which
was established on an emergency basis on May 3, 2021. This data
collection expands on the previous collection process for persons who
may warrant an exception to the CDC's Order Suspending the Right To
Introduce Certain Persons from Countries Where a Quarantinable
Communicable Disease Exists (``CDC Order'') (85 FR 65806), to include
undocumented noncitizens who will be processed under Title 8 at the
time they arrive at the POE after the CDC Order is rescinded, in whole
or in part. The purpose is to continue to achieve efficiencies to
process undocumented noncitizens under Title 8 upon their arrival at
the POE, consistent with public health protocols, space limitations,
and other restrictions.
CBP collects certain biographic and biometric information from
undocumented noncitizens prior to their arrival at a POE, to streamline
their processing at the POE. The requested information is that which
CBP would otherwise collect from these individuals during primary and/
or secondary processing. This information is voluntarily provided by
undocumented noncitizens, directly or through non-governmental
organizations (NGOs) and international organizations (IOs). Providing
this information is not a prerequisite for processing under Title 8,
but reduces the amount of data entered by CBP Officers (CBPOs) and the
length of time an undocumented noncitizen remains in CBP custody.
The biographic and biometric information being collected in
advance, that would otherwise be collected during primary and/or
secondary processing at the POEs includes, but is not limited to,
descriptive information such as: Name, Date of Birth, Country of Birth,
City of Birth, Country of Residence, Contact Information, Addresses,
Nationality, Employment history (optional), Travel history, Emergency
Contact (optional), U.S. and foreign addresses, Familial Information
(optional), Marital Status (optional), Identity Document (not a Western
Hemisphere Travel Initiative (WHTI) compliant document) (optional),
Gender, Preferred Language, Height, Weight, Eye color and Photograph.
This information is submitted to CBP by undocumented noncitizens
(directly or through NGOs and IOs) on a voluntary basis, for the
purpose of facilitating and implementing CBP's mission. This collection
is consistent with DHS' and CBP's authorities, including under 6 U.S.C.
202 and 211(c). Pursuant to these sections, DHS and CBP are generally
charged with ``[s]ecuring the borders, territorial waters, ports,
terminals, waterways, and air, land, and sea transportation systems of
the United States,'' and ``implement[ing] screening and targeting
capabilities, including the screening, reviewing, identifying, and
prioritizing of passengers and cargo across all international modes of
transportation, both inbound and outbound.''
Proposed Changes:
This information collection is being changed to require the
submission of the photograph--previously optional--for all who choose
to provide advance information. The submission of a photograph in
advance will provide CBPOs with a mechanism to match a noncitizen who
arrives at the POE with the photograph submitted in advance, therefore
identifying those individuals, and verifying their identity. The
photograph is particularly important for identity verification once
NGOs/IOs are no longer facilitating the presentation of all individuals
for CBP processing (NGOs/IOs will be able to continue
[[Page 73306]]
assisting for some individuals but others will be able to participate
on their own).
CBP will also allow individuals to request to present themselves
for processing at a specific POE on a specific day and time, although
such a request does not guarantee that an individual will be processed
at a given time. Individuals will have the opportunity to modify their
requests within the CBP One\TM\ application to an alternate day or
time. In all cases, CBP will inspect, and process individuals based on
available capacity at the POE. This new functionality does not require
the collection of new Personal Identifiable Information (PII) data
elements.
Type of Information Collection: Advance Information on Undocumented
Travelers.
Estimated Number of Respondents: 91,250.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 91,250.
Estimated Time per Response: 16 minutes.
Estimated Total Annual Burden Hours: 24,333.
Dated: December 21, 2021.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border
Protection.
[FR Doc. 2021-28005 Filed 12-23-21; 8:45 am]
BILLING CODE P
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