Collection of Advance Information From Certain Undocumented Individuals on the Land Border, 73304-73306 [2021-28005]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• U.S. Customs and Border Protection

[Federal Register Volume 86, Number 245 (Monday, December 27, 2021)]
[Notices]
[Pages 73304-73306]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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 www.reginfo.gov/public/do/PRAMain. 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 
[email protected]. 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 https://www.cbp.gov/.

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]
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