[Federal Register Volume 86, Number 185 (Tuesday, September 28, 2021)]
[Notices]
[Pages 53667-53668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-20988]


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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: 60-Day notice and request for comments; revision of an existing 
collection of information.

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SUMMARY: 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.

DATES: Comments are encouraged and must be submitted (no later than 
November 29, 2021) to be assured of consideration.

ADDRESSES: Written comments and/or suggestions regarding the item(s) 
contained in this notice must include the OMB Control Number 1651-0140 
in the subject line and the agency name. Please use the following 
method to submit comments:

    Email. Submit comments to: [email protected].
    Due to COVID-19-related restrictions, CBP has temporarily suspended 
its ability to receive public comments by mail.

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 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: Revision.
    Type of Review: Revision.
    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

[[Page 53668]]

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, Data 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 WHTI 
compliant document) (optional), Gender, Preferred Language, Height, 
Weight, Eye color and Photograph.
    This information is submitted to CBP by undocumented noncitizens 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 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: September 23, 2021.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border 
Protection.
[FR Doc. 2021-20988 Filed 9-27-21; 8:45 am]
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