Tuesday, June 26, 2007

Part II

Department of Homeland Security 8 CFR Parts 212 and 235 Department of State 22 CFR Parts 41 and 53 Documents Required for Travelers Departing From or Arriving in the United States at Sea and Land Ports-of-Entry From Within the Western Hemisphere; Proposed Rule

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DEPARTMENT OF HOMELAND Border Protection at 799 9th Street, 1. Canadians SECURITY NW., Washington, DC. To inspect 2. Bermudians comments, please call (202) 572–8768 to C. Mexican Nationals Arriving by Sea or [USCBP–2007–0061] arrange for an appointment. Land RIN 1651–AA69 Instructions: All submissions 1. Border Crossing Card (BCC) regarding the proposed rule and 2. Trusted Traveler Program Use 8 CFR Parts 212 and 235 regulatory assessment must include the 3. Elimination of Passport Waiver to Obtain Documents at Mexican Consulate in agency name and docket number DEPARTMENT OF STATE United States USCBP–2007–0061. All comments will D. Other Approved Documents be posted without change to http:// E. Timing of Changes and Effective Date for 22 CFR Parts 41 and 53 www.regulations.gov, including any Final Rule personal information sent with each 1. Satisfactory Evidence of Citizenship Documents Required for Travelers comment. For detailed instructions on 2. Implementation and Effective Date of Departing From or Arriving in the submitting comments and additional Final Rule United States at Sea and Land Ports- information on the rulemaking process, V. Special Rules for Specific Groups of of-Entry From Within the Western see the ‘‘Public Participation’’ heading Travelers Permitted to Present Other Hemisphere of the SUPPLEMENTARY INFORMATION Documents A. U.S. Citizen Cruise Ship Passengers AGENCY: U.S. Customs and Border section of this document. Docket: For access to the docket to B. U.S. and Canadian Citizen Children Protection, Department of Homeland 1. Children Under Age 16 Security; Bureau of Consular Affairs, read background documents or submitted comments, go to http:// 2. Children in Groups Under Age 19 Department of State. 3. Alternative Approach for Children; www.regulations.gov. ACTION: Notice of proposed rulemaking. Parental Consent FOR FURTHER INFORMATION CONTACT: C. Lawful Permanent Residents SUMMARY: The Intelligence Reform and Department of Homeland Security: D. Alien Members of the U.S. Armed Terrorism Prevention Act of 2004 Colleen Manaher, WHTI, Office of Forces (IRTPA), as amended, provides that Field Operations, U.S. Customs and E. Members of NATO Armed Forces upon full implementation, U.S. citizens Border Protection, 1300 Pennsylvania F. American Indian Card Holders From and certain classes of nonimmigrant Avenue, NW., Washington, DC 20229, Kickapoo Band of Texas and Tribe of aliens may enter the United States only telephone number (202) 344–3003. Oklahoma with passports or such alternative Department of State: Consuelo Pachon, G. Members of United States Native documents as the Secretary of Office of Passport Policy, Planning American Tribes Homeland Security designates as and Advisory Services, Bureau of 1. Proposed Acceptance of Satisfactory satisfactorily establishing identity and Tribal Enrollment Documents at Consular Affairs, telephone number Traditional Border Crossing Points for citizenship. This notice of proposed (202) 663–2662. Tribes Who Continue Traditional Land rulemaking (NPRM) is the second phase SUPPLEMENTARY INFORMATION: Border Crossings of a joint Department of Homeland Table of Contents 2. Possible Alternative Treatment of United Security (DHS) and Department of State States Native Americans (DOS) plan, known as the Western I. Public Participation H. Canadian Indians Hemisphere Travel Initiative, to II. Background I. Sea Travel From Territories Subject to implement these new requirements. A. Current Document Requirements for the Jurisdiction of the United States U.S. Citizens Arriving by Sea or Land This NPRM proposes the specific J. Outer Continental Shelf Employees B. Current Document Requirements for K. International Boundary and Water documents that, as early as January Nonimmigrant Aliens Arriving by Sea or Commission Employees 2008, and no sooner than 60 days from Land L. Individual Cases of Passport Waivers publication of the final rule, U.S. 1. Canadian Citizens and Citizens of the citizens and nonimmigrant aliens from British Overseas Territory of Bermuda M. Summary of Document Requirements VI. Section-By-Section Discussion of Canada, Bermuda, and Mexico will be 2. Mexican Nationals C. Statutory and Regulatory History Proposed Amendments required to present when entering the VII. Regulatory Analyses United States at sea and land ports-of- 1. Intelligence Reform and Terrorism Prevention Act of 2004 A. Executive Order 12866: Regulatory entry from Western Hemisphere 2. Advance Notice of Proposed Rulemaking Planning and Review countries. 3. Rules for Air Travel from within the B. Regulatory Flexibility Act DATES: Written comments must be Western Hemisphere C. Executive Order 13132: Federalism submitted on or before August 27, 2007. 4. Amendment to Section 7209 of IRTPA D. Unfunded Mandates Reform Act 5. Passport Card NPRM Assessment ADDRESSES: Comments, identified by 6. Certifications to Congress E. National Environmental Policy Act of docket number USCBP–2007–0061, may III. Security and Operational Considerations 1969 be submitted by one of the following at the U.S. Border F. Paperwork Reduction Act methods: IV. Proposed WHTI Document Requirements G. Privacy Statement • Federal eRulemaking Portal: http:// for U.S. Citizens and Nonimmigrant List of Subjects www.regulations.gov. Follow the Aliens Abbreviations and Terms Used in This A. U.S. Citizens Arriving by Sea or Land instructions for submitting comments. Document • Mail: Comments by mail are to be 1. Passport Book addressed to U.S. Customs and Border 2. Passport Card ANPRM—Advance Notice of Proposed Protection, Office of International Trade, 3. Trusted Traveler Program Documents Rulemaking BCC—Form DSP–150, B–1/B–2 Visa and Office of Regulations and Rulings, a. NEXUS Program b. FAST Program Border Crossing Card Border Security Regulations Branch, c. SENTRI Program CBP—U.S. Customs and Border Protection 1300 Pennsylvania Avenue, NW. (Mint 4. Merchant Mariner Document (MMD) CBSA—Canadian Border Services Agency Annex), Washington, DC 20229. 5. United States Military Identification DHS—Department of Homeland Security Submitted comments by mail may be B. Canadian Citizens and Citizens of DOS—Department of State inspected at the U.S. Customs and Bermuda Arriving by Sea or Land FAST—Free and Secure Trade

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FBI—Federal Bureau of Investigation an overview of the current document B. Current Document Requirements for IBWC—International Boundary and Water requirements for citizens of the United Nonimmigrant Aliens Arriving by Sea Commission States, Canada, British Overseas or Land INA—Immigration and Nationality Act IRTPA—Intelligence Reform and Terrorism Territory of Bermuda, and Mexico who Currently, each nonimmigrant alien Prevention Act of 2004 enter the United States at sea or land arriving in the United States must LPR—Lawful Permanent Resident ports-of-entry. The requirements present to the CBP Officer at the port- MMD—Merchant Mariner Document discussed in this section are the subject of-entry a valid passport issued by his MODU—Mobile Offshore Drilling Unit of proposed changes under this NPRM. or her country of citizenship and a valid MRZ—Machine Readable Zone visa issued by a U.S. embassy or A. Current Document Requirements for NATO—North Atlantic Treaty Organization consulate abroad, unless one or both NEPA—National Environmental Policy Act U.S. Citizens Arriving by Sea or Land 5 of 1969 requirements have been waived. NPRM—Notice of Proposed Rulemaking In general, under Federal law it is Nonimmigrant aliens applying for entry OARS—Outlying Area Reporting System ‘‘unlawful for any citizen of the United to the United States must also satisfy OCS—Outer Continental Shelf States to depart from or enter * * * the any other applicable entry requirements PEA—Programmatic Environmental United States unless he bears a valid (e.g., U.S. Visitor and Immigrant Status Assessment 2 Indicator Technology Program (US– SENTRI—Secure Electronic Network for United States passport.’’ However, the statutory passport requirement has been VISIT)) and overcome all grounds of Travelers Rapid Inspection inadmissibility before being admitted to TBKA—Texas Band of Kickapoo Act waived in the past for U.S. citizens UMRA—Unfunded Mandates Reform Act traveling between the United States and the United States. For nonimmigrant USCIS—U.S. Citizenship and Immigration locations within the Western aliens arriving in the United States at Services Hemisphere by land or sea, other than sea or land ports-of-entry, the only US—VISIT–United States Visitor and from Cuba.3 Currently, a U.S. citizen current waiver to the passport Immigrant Status Indicator Technology entering the United States by land or sea requirement applies to (1) Citizens of Program Canada and Bermuda arriving from from within the Western Hemisphere is WHTI—Western Hemisphere Travel within the Western Hemisphere, and (2) inspected by a Customs and Border Initiative Mexican nationals with a Border Protection (CBP) Officer. To enter the Crossing Card (BCC) arriving from a I. Public Partication United States in conformance with the contiguous territory.6 Interested persons are invited to Immigration and Nationality Act (INA), participate in this rulemaking by these U.S. citizens must satisfy the CBP 1. Canadian Citizens and Citizens of the submitting written data, views, or Officer of their citizenship.4 In addition British Overseas Territory of Bermuda arguments on all aspects of the to assessing the verbal declaration and In most cases, Canadian citizens and proposed rule. DHS and DOS also invite examining whatever documentation a citizens of the British Overseas Territory comments that relate to the economic traveler may present initially, the CBP of Bermuda (Bermuda) are not currently effects or the federalism implications Officer may ask for additional required to present a passport and visa 7 that might result from this proposed identification and proof of citizenship when entering the United States by sea rule. Comments that will provide the until such time as the CBP Officer is or land as nonimmigrant visitors from most assistance to DHS and DOS in satisfied that the traveler seeking entry countries in the Western Hemisphere. developing these procedures will into the United States is a U.S. citizen. These travelers must nevertheless reference a specific portion of the U.S. citizens arriving at sea or land satisfy the inspecting CBP Officer of proposed rule, explain the reason for their identity, citizenship, and any recommended change, and include ports-of-entry from within the Western Hemisphere, other than Cuba, can admissibility at the time of their data, information, or authority that application for admission. The support such recommended change. currently present to CBP Officers a wide variety of documents to establish their applicant may present any proof of This notice includes proposed citizenship in his or her possession. An regulatory text that represents the initial right to enter the United States. A driver’s license issued by a state motor individual who initially fails to satisfy preference of DHS and DOS unless the inspecting CBP Officer that he or she otherwise identified, but the vehicle administration or other competent state government authority is is a Canadian or Bermudian citizen may Departments also seek comment on then be required by CBP to provide proposals and ideas discussed in the the most common form of identity document now provided to CBP at the further identification and proof of preamble, but not contained in the citizenship such as a birth certificate, border even though such documents do regulatory text because the Departments passport, or citizenship card. are interested in comments on these not denote citizenship. Documents alternative approaches and may include currently used at these ports-of-entry 2. Mexican Nationals these alternatives in the final rule. See also include birth certificates issued by Mexican nationals arriving in the ADDRESSES above for information on a U.S. jurisdiction, Consular Reports of United States are generally required to how to submit comments. Birth Abroad, Certificates of present a passport and visa when Naturalization, and Certificates of II. Background applying for entry to the United States. Citizenship. However, Mexican nationals who The current document requirements for travelers entering the United States Central America, and associated islands and waters. 5 See section 212(a)(7)(B)(i) of the INA, 8 U.S.C. by sea or land generally depend on the Adjacent islands are understood to mean Bermuda 1182(a)(7)(B)(i). nationality of the traveler and whether and the islands located in the Caribbean Sea, except 6 Mexican nationals arriving in the United States or not the traveler is entering the United Cuba. who possess a Form DSP–150, B–1/B–2 Visa and 2 See section 215(b) of the Immigration and Border Crossing Card (BCC) may be admitted States from a country within the Nationality Act (INA), 8 U.S.C. 1185(b). without presenting a valid passport when coming 1 Western Hemisphere. The following is 3 See 22 CFR 53.2(b), which waives the passport from contiguous territory. See 8 CFR 212.1(c)(1). requirement pursuant to section 215(b) of the INA, 7 See 8 CFR 212.1(a)(1) (Canadian citizens) and 8 1 For purposes of this proposed rule, the Western 8 U.S.C. 1185(b). CFR 212.1(a)(2) (Citizens of Bermuda). See also 22 Hemisphere is understood to be North, South or 4 See 8 CFR 235.1(b). CFR 41.2.

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possess a Form DSP–150, B–1/B–2 Visa applicable documentation requirements the United States by air and sea from and Border Crossing Card (BCC) after the complete implementation of within the Western Hemisphere and the currently may be admitted at sea and the plan required by IRTPA. With second stage would have addressed land ports-of-entry without presenting a respect to non-immigrant aliens travelers arriving by land. The two-stage passport when arriving in the United currently granted a passport waiver approach was intended to ensure an States from contiguous territory.8 A BCC under section 212(d)(4)(B) of the INA orderly transition, provide affected is a machine-readable, biometric card, (i.e., nationals of contiguous territory or persons with adequate notice to obtain issued by the U.S. Department of State, adjacent islands), the President may not necessary documents, and ensure that Bureau of Consular Affairs. waive the document requirement adequate resources were available to issue additional passports or other C. Statutory and Regulatory History imposed by IRTPA. With respect to U.S. citizens, once WHTI is completely authorized documents. This NPRM is the second phase of a implemented, the President may waive In the ANPRM, DHS and DOS sought joint DHS and DOS plan, known as the the new documentation requirements public comment to assist the Secretary Western Hemisphere Travel Initiative for departing or entering the United of Homeland Security to make a final (WHTI), to implement section 7209 of States only in three specific determination of which documents or the Intelligence Reform and Terrorism circumstances: (1) When the Secretary combination of documents other than Prevention Act of 2004, as amended of Homeland Security determines that passports would be accepted at ports-of- 9 (hereinafter IRTPA). A brief discussion ‘‘alternative documentation’’ that is the entry to satisfy section 7209. DHS and of IRTPA and related regulatory efforts basis of the waiver is sufficient to DOS also solicited public comments follows. denote identity and citizenship; (2) in regarding the economic impact of 1. Intelligence Reform and Terrorism an individual case of an unforeseen implementing section 7209, the costs Prevention Act of 2004 emergency; or (3) in an individual case anticipated to be incurred by U.S. citizens and others as a result of new Section 7209 of IRTPA requires that based on ‘‘humanitarian or national interest reasons.’’ 12 document requirements, potential the Secretary of Homeland Security, in benefits of the rulemaking, alternative consultation with the Secretary of State, Accordingly, U.S. citizens and those nonimmigrant aliens who currently are methods of complying with the develop and implement a plan to legislation, and the proposed stages for require travelers entering the United not required to present passports, pursuant to sections 215(b) and implementation. In addition to receiving States to present a passport, other written comments, DHS and DOS document, or combination of 212(d)(4)(B) of the INA respectively, will be required to present a passport or representatives attended listening documents, that are ‘‘deemed by the sessions and town hall meetings across Secretary of Homeland Security to be other acceptable document that establishes identity and citizenship the country and met with community sufficient to denote identity and leaders and stakeholders to discuss the citizenship.’’ Section 7209 expressly deemed sufficient by the Secretary of Homeland Security when entering the initiative. provides that U.S. citizens and nationals DHS and DOS received 2,062 written United States from any location, for whom documentation requirements comments in response to the ANPRM. including from countries within the have previously been waived on the Comments were received from a wide Western Hemisphere. The principal basis of reciprocity under section range of U.S. and Canadian sources groups affected by this provision of 212(d)(4)(B) of the INA (8 U.S.C including: Private citizens; businesses IRPTA are citizens of the United States, 1182(d)(4)(B)) (i.e., citizens of Canada, and associations; local, State, Federal, Canada, and Bermuda entering the Mexico, and Bermuda) will be required and tribal governments; and members of 10 United States from within the Western to comply. the U.S. Congress and Canadian Hemisphere and Mexican nationals in Section 7209 limits the President’s Parliament. The majority of the 11 possession of a BCC entering the United authority to waive generally comments (1,910) addressed potential States from contiguous territory.13 changes to the documentation 8 See 8 CFR 212.1(c)(1)(i). See also 22 CFR 41.2(g). requirements at land border ports-of- Mexican BCC holders traveling for less than 72 2. Advance Notice of Proposed hours within a certain geographic area along the Rulemaking entry. One hundred and fifty-two (152) United States’ border with Mexico: usually up to 25 comments addressed changes to the On September 1, 2005, DHS and DOS miles from the border but within 75 miles under the documentation requirements for persons published in the Federal Register an exception for Tucson, Arizona, do not need to arriving at air or sea ports-of-entry. The obtain a form I–94. If they travel outside of that advance notice of proposed rulemaking comments related to air travel were geographic area and/or period of time, they must (ANPRM), at 70 FR 52037, announcing obtain an I–94 from CBP at the port-of-entry. 8 CFR addressed separately in the air final a joint DHS and DOS plan to amend 235.1(h)(1). rule, which is discussed below.14 9 their respective regulations to Pub. L. 108–458, as amended, 118 Stat. 3638 Complete responses to the comments (Dec. 17, 2004). implement section 7209 of IRTPA. The 10 Section 7209 does not apply to Lawful ANPRM announced that DHS and DOS from the ANPRM related to sea and land Permanent Residents, who will continue to be able anticipated implementing the arrivals will be presented in the final to enter the United States upon presentation of a WHTI sea and land rule. valid Form I–551, Permanent Resident Card, or documentation requirements of section other valid evidence of permanent resident status. 7209 in two stages. The first stage would 3. Rules for Air Travel From Within the See section 211(b) of the INA, 8 U.S.C. 1181(b). It have affected those travelers entering Western Hemisphere also does not apply to alien members of the United States Armed Forces traveling under official orders On August 11, 2006, DHS and DOS who present military identification. See section 284 U.S.C. 1185(b) (delegated to the Secretaries of State published an NPRM for air and sea of the INA, 8 U.S.C. 1354. Additionally, section and Homeland Security under Executive Order 7209 does not apply to nonimmigrant aliens from 13323, 69 FR 241 (Dec. 30, 2003)). arrivals. The NPRM proposed that, anywhere other than Canada, Mexico, or Bermuda. 12 See section 7209(c)(2) of IRTPA. subject to certain narrow exceptions, See section 212(d)(4)(B) of the INA, 8 U.S.C 13 These groups of individuals are currently beginning January 2007, all U.S. citizens 1182(d)(4)(B). Such nonimmigrant aliens are exempt from the general passport requirement and nonimmigrant aliens, including currently required to show a passport for admission when entering the United States. See 8 CFR into the United States. 212.1(a)(1) (Canadian citizens), 8 CFR 212.1(c)(1)(i) those from Canada, Bermuda, and 11 See section 212(d)(4)(B) of the INA, 8 U.S.C. (Mexican citizens), and 8 CFR 212.1(a)(2) 1182(d)(4)(B), and section 215(b) of the INA, 8 (Bermudian citizens). 14 See 71 FR 68412 (Nov. 24, 2006).

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Mexico, entering the United States by later than the earlier of two dates, June protection of personal identification air and sea would be required to present 1, 2009, or three months after the documents. a valid passport, NEXUS Air card, or Secretaries of Homeland Security and On May 1, 2007, NIST certified that Merchant Mariner Document (MMD). State certify that certain criteria have the proposed card architecture of the The NPRM provided that the been met. The section requires passport card meets or exceeds the requirements would not apply to ‘‘expeditious[]’’ action and states that relevant standard and best practices, as members of the United States Armed requirements must be satisfied by the specified in the statute. Forces. For a detailed discussion of ‘‘earlier’’ of the dates identified. By 2. Technology Sharing. Certify that what was proposed for air and sea using this language, the drafters passport card technology has been arrivals, please see the NPRM at 71 FR expressed an intention for rapid shared with Canada and Mexico. 41655. action.18 Congress also expressed an DHS and DOS have been sharing Based on the DOS proposal to allow interest in having the requirements for information and meeting regularly with use of a passport card in the sea sea and land implemented at the same both Mexican and Canadian officials, environment discussed below, time and having alternative procedures including the decision to select RFID Congressional intent with respect to for groups of children traveling under technology for the passport card. land and sea travel also discussed adult supervision.19 3. Postal Service Fee Agreement. below, and the public comments, DHS Certify that an agreement has been and DOS deferred until this rulemaking 5. Passport Card NPRM reached and reported to Congress on the decision on the document requirements On October 17, 2006, to meet the fee collected by the U.S. Postal Service for arrivals by sea. Complete responses documentary requirements of WHTI and for acceptance agent services. DOS is working with the Postal to the comments relating to sea travel to facilitate the frequent travel of Service to memorialize their agreement that were submitted in response to the persons living in border communities, including the proposed new fees to be air and sea NPRM will be presented in DOS, in consultation with DHS, set by DOS so that the appropriate the final sea and land rule. proposed to develop a card-format The final rule for travelers entering or certification can be made and the passport for international travel by departing the United States at air ports- detailed justification submitted. United States citizens through land and of-entry (Air Rule) was published in the 4. Groups of Children. Certify that an sea ports of entry between the United Federal Register on November 24, 2006. alternative procedure has been States, Canada, Mexico, or the Beginning January 23, 2007,15 U.S. developed for border crossings by Caribbean and Bermuda.20 citizens and nonimmigrant aliens from groups of children. Canada, Bermuda, and Mexico entering The passport card would contain This NPRM contains an alternative and departing the United States at air security features similar to the procedure for groups of children ports-of-entry from within the Western traditional passport book. The passport traveling across an international border Hemisphere are generally required to card would be particularly useful for under adult supervision with parental present a valid passport. The main citizens in border communities who consent. exceptions to this requirement are for regularly cross the border and would be 5. Infrastructure. Certify that the U.S. citizens who present a valid, considerably less expensive than a necessary passport card infrastructure unexpired Merchant Mariner Document traditional passport. DOS anticipates the has been installed and employees have traveling in conjunction with maritime validity period for the passport card to been trained. business and U.S. and Canadian citizens be the same as for the traditional DHS anticipates using existing who present a NEXUS Air card for use passport—ten years for adults and five equipment along with the deployment at a NEXUS Air kiosk.16 The Air Rule years for minors under age 16. Please of new technology. CBP has technology made no changes to the requirements for see the Passport Card NPRM at 71 FR currently in place at all ports-of-entry to members of the United States Armed 60298, for a full discussion of the read any travel document with a Forces. Please see the Air Rule at 71 FR background and details of the proposed machine-readable zone, including 68412 for a full discussion of the air passport card. DOS will issue a final passports and the new passport card. requirements. rule prior to making passport cards All CBP Officers at ports-of-entry are available to the public. currently trained in the use of this 4. Amendment to Section 7209 of technology. Depending upon the results IRTPA 6. Certifications to Congress of our environmental analysis, CBP will On October 4, 2006, the President In Section 546 of the DHS deploy an integrated RFID technical signed into law the Department of Appropriations Act of 2007, Congress infrastructure to support advanced Homeland Security Appropriations Act called for DHS and DOS to make certain identity verification in incremental of 2007 (DHS Appropriations Act of certifications before completing the deployment phases. RFID technology 2007).17 Section 546 of the DHS implementation of the WHTI plan. The training plans and requirements are Appropriations Act of 2007 amended Departments have been working toward currently being developed with initial section 7209 of IRTPA by stressing the making these certifications since training to be completed by November need for DHS and DOS to expeditiously October 2006 and have made great 2007. implement the WHTI requirements no progress in meeting them. The 6. Passport Card Issuance. Certify that Departments are instructed to certify to: the passport card is available to U.S. 15 DHS and DOS determined that delaying the 1. NIST Certification. National citizens. effective date of the Air Rule to January 23, 2007, DOS has developed an ambitious and was appropriate for air travel because of operational Institute of Standards and Technology considerations and available resources. See id. (‘‘NIST’’) certification concerning aggressive schedule to develop the 16 Under the Air Rule, Lawful Permanent security standards and best practices for passport card and is making progress Residents of the United States continue to need to toward that goal. The Request for carry their I–551 cards, and permanent residents of Procurement (RFP) to potential Canada continue to be required to present a 18 Id. at 546. See Congressional Record, 109th passport and a visa, if necessary, as they did before Cong., 2nd Sess., September 29, 2006 at H7964. contractors was issued on May 25, 2007. the rule came into effect. 19 Id. DOS expects to begin testing product 17 Pub. L. 109–295, 120 Stat. 1355 (Oct. 4, 2006). 20 71 FR 60928. samples in the summer. In accordance

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with testing requirements established in across our northern and southern United States in the land border the certification by NIST, DOS will borders has resulted in the current environment would enhance our conduct the full range of security, situation, where a multiplicity of national security and secure and durability and privacy tests on the documents can be presented at ports-of- facilitate the entry process into the passport card and protective sleeve to entry by Canadian and U.S. travelers. As United States. Limiting the number of ensure that a high-quality, secure card is a result, those individuals who seek to acceptable, secure documents would issued to the American public. DOS is enter the United States or Canada allow border security officials to planning to issue a final rule in the near illegally or who pose a potential threat quickly, efficiently, accurately, and future. could falsely declare themselves as U.S. reliably review documentation, identify 7. Common Land and Sea or Canadian citizens. They can do this persons of concern to national security, Implementation. Certify to one through several methods: presenting and determine eligibility for entry of implementation date. fraudulent documents that cannot be legitimate travelers without disrupting This NPRM sets forth one validated; presenting facially valid the critically important movement of implementation date for land and sea documentation that cannot be validated people and goods across our land travel. against the identity of the holder 21; borders. Standardizing travel documents The Departments have worked very assuming the identity of the legitimate for citizens of the United States, Canada, closely to update the appropriate authentic document holder; or Bermuda, and Mexico entering the congressional committees on the status undocumented false claims. These same United States in the land border of these certifications and will continue vulnerabilities exist for individuals environment would also reduce to do so until final certifications are purporting to be U.S. citizens crossing confusion for the travel industry and made. DOS and DHS believe that these back and forth across the southern make the entry process more efficient certifications will be made well in border with Mexico. for CBP officers and the public alike. advance of the June 1, 2009 deadline for U.S. travel document requirements for Originally, DHS and DOS proposed to implementation. Mexican nationals already addressed implement new documentation DOS and DHS are planning to most of these vulnerabilities prior to the requirements for those travelers by air conduct a robust public outreach passage of the IRTPA. Generally, and most sea travel in the first phase of program to the traveling public, which Mexican nationals are required to the WHTI plan. However, for the will include a more targeted effort in present either a Mexican passport with reasons described above, the border communities. a visa or a biometric BCC 22 when Departments decided to delay new We anticipate that RFID infrastructure entering the United States. Mexican requirements for sea travel until the will be rolled out to cover the top 39 nationals can also apply for membership passport card would be available for use ports-of-entry (in terms of number of in DHS Trusted Traveler Programs such in the sea environment. The travelers) through which 95 percent of as FAST and SENTRI.23 the land traffic enters the United States. The current documents presented by Departments also believed it would be The remaining land and all sea ports-of- U.S., Canadian, and Bermudian citizens less confusing to the public if sea and entry would utilize existing machine- arriving from within the Western land requirements, both of which would readable zone technology to read the Hemisphere vary widely in terms of the accept the passport card, were travel documents. Machine-readable security and reliability as evidence of implemented at the same time. Thus, zone technology is currently in place in identity, status, and nationality. This documentation requirements for sea variety poses challenges for accurate travelers were deferred to this all air, sea, and land ports-of-entry. 24 identity and admissibility rulemaking. III. Security and Operational determinations by border officials and Considerations at the U.S. Border IV. Proposed WHTI Document has been identified as a security Requirements for U.S. Citizens and WHTI will reduce vulnerabilities vulnerability for cross-border travel Nonimmigrant Aliens identified in the final report of the between these countries. It is recognized National Commission on Terrorist that national passports of Canada, This NPRM proposes new Attacks Upon the United States, also Mexico, Bermuda (whether Bermudian documentation requirements for U.S. known as the 9/11 Commission. WHTI or British passports) and the United citizens and nonimmigrant aliens from is intended not only to enhance security States do currently, and will continue Canada, Bermuda, and Mexico entering efforts at the borders, but is also to, provide reliable evidence of identity the United States by land from Canada intended to expedite the movement of and nationality for the purposes of and Mexico, or by sea 25 from within the legitimate travel within the Western cross-border travel. Western Hemisphere. A discussion of Hemisphere. Standardizing documentation the proposed requirements for most U.S. The land border, in particular, requirements for travelers entering the citizens, Canadians, Bermudians, and presents complex operational Mexican nationals follows in Section IV. challenges, in that a tremendous amount 21 This refers to individuals who obtain valid In Section V., we explain the special of traffic must be processed in a short documents through malfeasance. In such cases, the circumstances under which specific individual uses fraudulently obtained source/feeder amount of time. For example, there are documents to impersonate the U.S. or Canadian groups or persons may present other often several passengers in a vehicle, citizen in order to obtain the new document (i.e., documents for entry into the United and multiple vehicles arriving at one identity theft). States by sea or land, such as U.S. and time at each land border port-of-entry. 22 Development of the biometric BCC was a joint Canadian citizen children and U.S. Many of the people encountered effort of DOS and U.S. Citizenship and Immigration citizens traveling on cruise ships. Services (USCIS) to comply with Section 104 of the crossing at the land border ports-of- Illegal Immigration Reform and Immigrant entry are repeat crossers, who travel Responsibility Act of 1996 (IIRIRIA) Pub. L. 104– 24 Please see the Air Rule for a full discussion of back and forth across the border 208, Div. C, 110 Stat. 3009–546. the reasons that the sea regulations were deferred, numerous times a day. 23 Additionally, Mexican nationals who at 71 FR 68412. temporarily reside lawfully in Canada or the United 25 In some circumstances under this rule, it is The historical absence of standard States during the term of the NEXUS membership important to distinguish between types of sea travel document requirements for the and pass an Interpol criminal history check may travel. Those circumstances are so noted in the travel of Canadian and U.S. citizens also be eligible to participate in NEXUS. discussion of the proposed requirements.

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A. U.S. Citizens Arriving by Sea or the holder, and would be readily their arrival to CBP by telephone. Land authenticated and validated at the Otherwise, these pleasure vessel Under this proposed rule, most U.S. border. The passport card will contain travelers would be required to report in citizens entering the United States at all a radio frequency identification (RFID) person to a port-of-entry in order to 29 sea or land ports-of-entry would be chip, which will link the card, via a enter the United States. required to have either (1) A U.S. manufacturer-generated reference a. NEXUS Program passport; (2) a U.S. passport card; (3) a number, to a stored record in secure The NEXUS program is implemented trusted traveler card (NEXUS, FAST, or government databases. Unlike the by CBP and the Canadian Border SENTRI); 26 (4) a valid MMD when e-passport, which contains personal Services Agency (CBSA), pursuant to traveling in conjunction with official data on the RFID chip, there will be no the Shared Border Accord and Smart maritime business; or (5) a valid U.S. personal information stored on the Border Declaration between the United Military identification card when passport card’s RFID chip. The passport States and Canada.30 NEXUS traveling on official orders or permit. card would be particularly useful for citizens in border communities who streamlines border inspection for pre- 1. Passport Book cross the land border every day. The screened, low-risk travelers by utilizing U.S. passports are internationally passport card would satisfy the one application form, a joint enrollment recognized, secure documents that definition of a passport, and, therefore, process, bi-national security screening, demonstrate the individual’s identity it would be specifically authorized in and one card for expedited entry to both and citizenship and continue to be section 7209 of IRTPA. Canada and the United States for air, specifically authorized for all border- land and sea travel.31 3. Trusted Traveler Program Documents crossing purposes. Traditional U.S. Applicants for NEXUS complete a passport books contain security features Under the proposed rule, U.S. citizens joint U.S./Canada NEXUS Application. including digitized photographs, would be permitted to present cards The application is then reviewed by embossed seals, watermarks, ultraviolet issued for certain DHS Trusted Traveler both CBP and the CBSA. Once approved and fluorescent light verification Programs, such as NEXUS, Free and by both countries, the applicant reports features, security laminations, micro- Secure Trade (FAST), and Secure to a joint CBP/CBSA enrollment center printing, holograms, and pages for visas Electronic Network for Travelers Rapid where the applicant is interviewed and and stamps. Inspection (SENTRI), at all lanes at all fingerprinted by CBP and CBSA. U.S. electronic passports or land and sea ports-of-entry when Applicants who are deemed low-risk e-passports, which DOS has issued to traveling from contiguous territory or and are approved for the program are the public since August 2006, are the adjacent islands. then issued a NEXUS Identification same as traditional passports with the These trusted traveler cards contain Card. addition of a small contactless numerous security features, are issued b. FAST Program integrated circuit (computer chip) by either U.S. or Canadian border embedded in the back cover. The chip security agencies, contain biographical The Free and Secure Trade (FAST) securely stores the same data visually information about the holder, and are program is designed to enhance the displayed on the photo page of the readily authenticated and validated at security and safety along both the passport, and will additionally include the border. These programs are northern and southern land borders of a digital photograph. The inclusion of implemented in partnership with the the United States, while also enhancing the digital photograph will enable Governments of Canada and Mexico, the economic prosperity of the United biometric comparison, through the use and many citizens of these countries States, Canada, and Mexico, by of facial recognition technology at participate in the programs. coordinating, to the maximum extent international borders. The U.S. Under the proposed rule, U.S. citizens possible, their customs commercial programs. The program accomplishes ‘‘e-passport’’ incorporates additional who arrive by pleasure vessel 28 from 27 this by allowing member commercial anti-fraud and security features. contiguous territory would be permitted to show the trusted traveler cards, 2. Passport Card 29 See 8 CFR 235.1(g). U.S. citizen holders of a among other documents, at all ports of Canadian Border Boat Landing Permit (Form I–68) DOS published an NPRM announcing entry. Additionally, U.S. citizens who the development and issuance of a card- would be required to possess a passport, passport have been pre-screened as part of the card, or other document specified in this NPRM format passport on October 17, 2006 (71 NEXUS or Canadian Border Boat when arriving in the United States in combination FR 60928), which would be a secure with the Form I–68 and would be required to show Landing Program who arrive by pleasure citizenship and identity document that this documentation when applying for or renewing vessel from Canada would be permitted carries most of the rights and privileges the Form I–68. Participants would continue to to report their arrival by telephone or by benefit from entering the United States from time of a traditional U.S. passport, but with remote video inspection, respectively. to time without having to wait for a physical validity limited to international travel inspection, subject to the applicable regulations. U.S. citizens who arrive by pleasure by land and sea between the United More information on the Canadian Border Boat vessel from Canada would be permitted States and Canada, Mexico, the Landing Program (I–68 Permit Program) is available to show the NEXUS card in lieu of a on the CBP Web site at http://www.cbp.gov. Caribbean or Bermuda. 30 passport or passport card along the On December 14, 2006, CBP announced that The passport card would contain northern border under the auspices of the NEXUS air, highway, and marine modes had security features similar to the passport been integrated into one program. This integration the remote inspection system for book, would be issued by DOS, would means that there will be one application form and pleasure vessels, such as the Outlying fee to participate in all three modes of the NEXUS contain biographical information about Area Reporting System (OARS). program. CBP also announced that NEXUS would expand the number of processing locations at 26 Currently, U.S. citizens can show a NEXUS, Currently, as NEXUS members, U.S. Canadian airports in 2007. More information on the SENTRI, or FAST card for entry into the United citizen recreational boaters can report NEXUS program is available on the CBP Web site States only at dedicated lanes at designated land at http://www.cbp.gov. border ports-of-entry. 28 For purposes of this rule, a pleasure vessel is 31 Lawful Permanent Residents of the United 27 More information about e-passports is available a vessel that is used exclusively for recreational or States would continue to be required to carry I–551 at http://www.state.gov. See also, 70 FR 61553 (Oct. personal purposes and not to transport passengers Permanent Resident cards while they are traveling 25, 2005)(final rule for e-passports). or property for hire. under the NEXUS program.

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drivers to cross the border with drug testing program in order to obtain Forces entering under official orders expedited customs and immigration an MMD. and presenting military identification processing and to transport eligible The Air Rule provides that an MMD specifically are not required to present goods for FAST approved carriers along used by U.S. citizens in conjunction a passport and visa.38 Imposing a the northern and southern borders. with maritime business is sufficient to passport requirement on U.S. citizens Commercial drivers applying for the denote identity and citizenship when who are members of the U.S. Armed FAST program on the northern border presented upon arrival at an air port-of- Forces when there is no such complete a U.S./Canada FAST entry. requirement for alien members, would Commercial Driver Application and Under this proposed rule, DHS and not be a desired result of the WHTI send it to the FAST Application DOS propose that U.S. citizen Merchant rulemaking. Processing Center in Canada. The Mariners may present a valid MMD Travel document requirements for application is then reviewed by both when arriving in the United States at sea spouses and dependents of U.S. citizen CBP and CBSA. Once approved by both or land ports-of-entry when traveling in members of the U.S. Armed Forces, as countries, the applicant reports to a conjunction with official maritime well as Department of Defense joint CBP/CBSA enrollment center business. It should be noted that the contractors and civilian employees, will where he or she is interviewed by CBP U.S. Coast Guard has proposed to phase- be subject to the same document and CBSA. out the MMD over the next five years requirements applicable to other arrivals During the application process, a U.S. and streamline all existing Merchant at sea and land ports-of-entry otherwise applicant’s ten fingerprints are taken Mariner credentials.35 DHS and DOS specified in this NPRM. propose to accept the MMD as long as and submitted to the FBI for a records B. Canadian Citizens and Citizens of 32 it is an unexpired document.36 check; identification and immigration Bermuda Arriving by Sea or Land documents are checked for validity; and United States citizen Merchant a digital photograph is taken. Mariners serving on U.S. flag vessels are 1. Canadians eligible for no-fee U.S. passports upon Applicants who are deemed low-risk Canadian citizens entering the United presentation of a letter from the and are approved for the program are States at sea and land ports-of-entry employer and an MMD, in addition to then issued a FAST Commercial Driver would be required to present, in the standard evidence of citizenship and Identification Card (FAST Card). Drivers addition to any applicable visa identity. applying for the FAST program on the requirements: 39 southern border enroll in a similar 5. U.S. Military Identification Card 1. A passport issued by the 40 process where the card applications are Citizens of the United States currently Government of Canada; 2. A valid trusted traveler program reviewed and cards are issued by CBP. are not required to possess a valid card issued by CBSA or DHS as passport to enter or depart the United c. SENTRI Program discussed above in Section III.C.1.c, e.g., States when traveling as a member of SENTRI currently streamlines border FAST, NEXUS, or SENTRI 41; or inspection for pre-approved low-risk the Armed Forces of the United States 3. Alternative Canadian citizenship travelers for expedited entry into the on active duty under 22 CFR 53.2(d). and identity documents hereafter United States for land travel along the Because the military identification card proposed by Canada and accepted by southern border, similar to NEXUS and is issued to U.S. citizens of the Armed DHS and DOS. Forces and because U.S. citizen FAST.33 To enroll in SENTRI a Additionally, Canadian citizens in the members of the U.S. military traveling participant must provide acceptable NEXUS program who arrive by pleasure under military orders are, without proof of citizenship or permanent vessel from Canada would be permitted exception, entitled to be admitted to the resident status in the United States. U.S. to present a NEXUS membership card in United States, the Secretary of citizens and Lawful Permanent lieu of a passport along the northern Homeland Security proposes to Residents must provide an original birth border under the auspices of the remote determine that a military identification certificate with government-issued inspection system for pleasure vessels, card when traveling under official photo identification, a valid passport, or such as the Outlying Area Reporting orders or permit of the U.S. Armed 42 a certificate of naturalization. System (OARS). Currently, as NEXUS Forces would be an acceptable form of members, Canadian recreational boaters 4. Merchant Mariner Document (MMD) alternative documentation when Currently, a Merchant Mariner presented upon arrival at air, sea, and 38 See 8 CFR 235.1(c). Document (MMD) is accepted for U.S. land ports-of-entry. 39 See 8 CFR 212.1(h), (l), and (m) and 22 CFR Allowing members of the U.S. Armed 41.2(k) and (m). citizen Merchant Mariners in lieu of a 40 Foreign passports remain an acceptable border 34 Forces to cross the U.S. borders without passport. U.S. citizen Merchant crossing document under section 7209 of the Mariners must provide proof of their the need to present a passport is IRTPA. U.S. citizenship and undergo an necessary to meet the operational 41 Canadian citizens who demonstrate a need may application process that includes a requirements of the Armed Forces. In enroll in the SENTRI program and currently may use the SENTRI card in lieu of a passport. To enroll fingerprint background check submitted fact, pursuant to Section 284 of the INA,37 alien members of the U.S. Armed in SENTRI, a Canadian participant must present a to the FBI, a National Driver Register valid passport and a valid visa, if required, when check, and a drug test from an applying for SENTRI membership. Other foreign 35 authorized official that administers a See 71 FR 29462 (May 22, 2006) and 72 FR participants in the SENTRI program must present 3605 (Jan. 25, 2007). a valid passport and a valid visa, if required, when 36 On April 24, 2007, the U.S. Coast Guard seeking admission to the United States, in addition 32 For Canadian applicants, fingerprints are published an interim final rule amending Coast to the SENTRI card. This proposed rule does not submitted to Canadian authorities for a records Guard regulations to allow for the issuance of alter the passport and visa requirements for other check. MMDs to certain non-resident aliens for service in foreign enrollees in SENTRI (i.e., other than 33 Enrollment in the program is available to the stewards departments of U.S.-flag large Canadian foreign enrollees). Currently, Canadian Mexican nationals, United States citizens or lawful passenger vessels endorsed for coastwise trade. See citizens can show a SENTRI, NEXUS, or FAST card permanent residents, and a national of any other 72 FR 20278. However, only U.S. citizens may use for entry into the United States only at designated country who demonstrates a need to use the the MMD in lieu of a passport under this proposed lanes at designated land border ports-of-entry. program. rule. 42 Permanent residents of Canada must also carry 34 See 22 CFR 53.2(c). 37 See 8 U.S.C. 1354. a valid passport and valid visa, if required.

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can report their arrival to CBP by C. Mexican Nationals Arriving by Sea or nationals possessing a BCC would also telephone.43 Otherwise, these pleasure Land be required to obtain a Form I–94 from vessel travelers would be required to Under this proposed rule, all Mexican CBP at the POE, as is currently the 46 report in person to a port-of-entry in nationals would be required to present practice. The BCC would not be order to enter the United States.44 either (1) A passport issued by the permitted in lieu of a passport for commercial or other sea arrivals in the Both DHS and DOS have engaged Government of Mexico and a visa when United States. with the Government of Canada and seeking admission to the United States, various provinces in discussions of or (2) a valid Form DSP–150, B–1/B–2 2. Trusted Traveler Program Use laser visa Border Crossing Card (BCC) alternative documents that could be We propose continuing the current when seeking admission to the United considered for border crossing use at practice that Mexican nationals may not States at land ports-of-entry or arriving land and sea ports of entry under this use the FAST or SENTRI card in lieu of by pleasure vessel or by ferry from rule. For instance, one Canadian office, a passport or BCC. These participants, Mexico. Indians and Northern Affairs Canada, is however, would continue to benefit in the process of issuing a card to For purposes of this rule, a pleasure vessel is defined as a vessel that is used from expedited border processing. registered Indians. This alternative Mexican nationals applying for the exclusively for recreational or personal document and any other alternative FAST program on the southern border purposes and not to transport identity and citizenship document and applying for the SENTRI program passengers or property for hire. A ferry issued by the Government of Canada must present a valid passport and valid is defined as any vessel: (1) Operating will be considered, as appropriate, in visa or valid laser visa/BCC when on a pre-determined fixed schedule; (2) applying to CBP for membership. CBP the course of this rulemaking. While we providing transportation only between are not in a position to propose a then reviews the applications and issues places that are no more than 300 miles the cards. complete list of alternative Canadian apart; and (3) transporting passengers, documents we will continue to engage vehicles, and/or railroad cars. We note 3. Elimination of Passport Waiver to in discussions of alternatives and that ferries are subject to land border- Obtain Documents at Mexican welcome comments suggesting type entry processing on arrival from, or Consulate in United States alternative Canadian documents. departure to, a foreign port or place. Mexican nationals who enter the In fact, various Canadian provinces Arrivals aboard all vessels other than United States from Mexico solely to have indicated their interest or intention ferries and pleasure vessels would be apply for a Mexican passport or other in pursuing pilots of enhanced driver’s treated as sea arrivals.45 ‘‘official Mexican document’’ at a licenses similar to the Washington State 1. Border Crossing Card (BCC) Mexican consulate in the United States and DHS pilot (described below). located directly adjacent to a land port- Because documents accepted for border DOS issues BCCs to Mexican of-entry currently are not required to crossing under WHTI must denote nationals who come to the United States present a valid passport. This type of citizenship, the participation of the on a regular basis. Since 1998, every entry generally occurs at land borders.47 Government of Canada in new BCC contains a biometric identifier, There is no basis under section 7209, as determinations of citizenship on behalf such as a fingerprint, and a machine- amended, to exempt Mexican nationals of its citizens, and recognition of this readable zone (MRZ). In order to obtain coming to the United States to apply for determination, is a strong consideration a new BCC, a Mexican traveler must a passport from the general by the United States in the acceptance have a passport. Because the BCC is a requirements of WHTI. This proposed of documents by Canadian citizens. B–1/B–2 visa, the State Department rule would eliminate this exception to Therefore, at this time, DHS and DOS issuance process is nearly identical to the passport requirement for Mexican are not proposing to accept documents that of other visas, with the attendant nationals. Under the proposed rule, all background checks and interviews from Canadian citizens other than those Mexican nationals will be required to necessary for security purposes. described above. We will, however, have a passport with a visa or a BCC to Mexican nationals who hold a BCC enter the United States. consider other documents, as described will be allowed to use their BCC for above and in Section IV.D., as entry at the land border and when D. Other Approved Documents appropriate. arriving by ferry or pleasure vessel in DHS and DOS remain committed to 2. Bermudians lieu of a passport for travel within 25 considering travel documents developed miles of the border with Mexico (75 by the various U.S. States and the Under this proposed rule, all miles for the Tucson, Arizona region) Governments of Canada and Mexico in Bermudian citizens would be required and no longer than a 30-day stay in the the future that would denote identity to present a passport issued by the United States. For travel outside of these and citizenship and would also satisfy Government of Bermuda or the United geographical limits or a stay over 30 section 7209 of IRTPA. Kingdom when seeking admission to the days, under the proposed rule, Mexican Under this proposed rule, DHS United States at all sea or land ports-of- proposes to consider as appropriate, entry, including travel from within the 45 For example, commercial vessels would be documents such as State driver’s Western Hemisphere. treated as arrivals at sea ports-of-entry. A licenses that satisfy the WHTI commercial vessel is any civilian vessel being used to transport persons or property for compensation 43 Remote pleasure vessel inspection locations are or hire to or from any port or place. A charter vessel 46 See 8 CFR 212.1(c)(1)(i); also 22 CFR 41.2 (g). only located on the northern border. that is leased or contracted to transport persons or If Mexicans are only traveling within a certain 44 See 8 CFR 235.1(g). Canadian holders of a property for compensation or hire to or from any geographic area along the United States’ border Canadian Border Boat Landing Permit (Form I–68) port or place would be considered an arrival by sea with Mexico: usually up to 25 miles from the border would be required to possess a passport, passport under this rule. Arrivals by travelers on fishing but within 75 miles under the exception for Tucson, card, or other document specified in this NPRM vessels, research or seismic vessels, other service- Arizona, they do not need to obtain a form I–94. If when arriving in the United States in combination type vessels (such as salvage, cable layers, etc.), or they travel outside of that geographic area, they with the Form I–68 and would be required to show humanitarian service vessels (such as rescue vessels must obtain an I–94 from CBP at the port-of-entry. this documentation when applying for or renewing or hospital ships) would all be considered as 8 CFR 235.1(h)(1). the Form I–68. arrivals by sea. 47 See 8 CFR 212.1(c)(1)(ii).

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requirements by denoting identity and request additional documentation when the foregoing special circumstances are citizenship. These documents could be warranted and to make individual also explained below. from a State, tribe, band, province, exceptions in extraordinary A. U.S. Citizen Cruise Ship Passengers territory, or foreign government if circumstances when oral declarations developed in accordance with pilot alone or with other alternative Because of the nature of round trip program agreements between those documents may be accepted. Beginning cruise ship travel, DHS has determined entities and DHS. In addition to January 31, 2008, DHS will expect the that when U.S. citizens depart from and denoting identity and citizenship, these satisfactory evidence of U.S. or reenter the United States on board the documents will have compatible Canadian citizenship to include either same cruise ship, they pose a low technology, security criteria, and of the following documents or groups of security risk in contrast to cruise ship respond to CBP’s operational concerns. documents: (1) A document specified in passengers who embark in foreign ports. These documents would be this NPRM as WHTI-compliant for that announced and updated by publishing a individual’s entry; or (2) a government- Although round trip cruises may stop notice in the Federal Register. A list of issued photo identification document in foreign ports (e.g., some east coast such programs and documents would presented with a birth certificate.50 CBP cruises stop in the Caribbean and some also be maintained on the CBP Web site. will also act according to the procedures cruises in the Pacific Northwest may It is anticipated that the Secretary of for children outlined in Sections V.B.1. include land excursions in Canada), Homeland Security would designate and V.B.2 beginning January 31, 2008. there are reasons why U.S. citizens successful pilot program documents that aboard these cruises pose a low security satisfy section 7209 and the technology, 2. Implementation and Effective Date of risk. First, on round trip cruises, security, and operational concerns Final Rule passengers who depart from the United discussed above as documents At a date to be determined by the States would have their documents acceptable for travel under section 7209. Secretary of Homeland Security, in checked both when they depart from the At the completion of a successful pilot, consultation with the Secretary of State, United States and when they return to the Department would designate a the Departments will implement the full the United States. Under current document by rulemaking. requirements of the land and sea phase Advanced Passenger Information For example, the State of Washington of WHTI. The implementation date will System (APIS) requirements,51 the (Washington) has begun a voluntary be determined based on a number of cruise lines are required to check the program to develop an ‘‘enhanced factors, including the progress of actions accuracy of the travel documents for all driver’s license’’ and identification card undertaken by the Department of departing passengers. The passenger that would denote identity and Homeland Security to implement the information is transmitted to CBP well citizenship. On March 23, 2007, the WHTI requirements and the availability before the return of the cruise ship. Secretary of Homeland Security and the of WHTI compliant documents on both While on the voyage, the cruise lines Governor of Washington signed a sides of the border. also check the identity of passengers as Memorandum of Agreement to develop, DHS and DOS expect the date of full they return to the ship at various ports issue, test and evaluate an enhanced WHTI implementation to be in the of call along the voyage. CBP has driver’s license and identification card summer of 2008. The precise worked with the cruise lines to establish with facilitative technology to be used implementation date will be published proper security protocols for these for border crossing purposes.48 in the Final Rule or will separately be voyages and will continue to work with On March 9, 2007, DHS published in published, with at least 60 days notice, the cruise lines on security protocols in the Federal Register an NPRM in the Federal Register. the future. concerning minimum standards for V. Special Rules for Specific Groups of State-issued driver’s licenses and When the cruise ships return to the Travelers Permitted To Use Other identification cards that can be accepted United States, CBP officers examine the Alternative Documents for official purposes in accordance with documents of the incoming passengers the REAL ID Act.49 DHS encourages Even though DHS and DOS have as they would for other cruise States interested in developing driver’s presented generally applicable passengers. Because of the advanced licenses that will meet both the REAL ID document requirements above, in passenger information supplied to CBP and WHTI requirements to work closely reviewing the security and travel upon departure and because of CBP’s with DHS to that end. considerations for the sea and land ability to check this passenger data environments, the Departments believe against the information supplied by E. Timing of Changes and Effective Date there are certain special circumstances passengers upon return to the United for Final Rule for specific groups of travelers that States, the security risks associated with 1. Satisfactory Evidence of Citizenship warrant permitting use of other allowing U.S. citizens to use the documents. For these specific groups of documents described below are low. Reducing the well-known travelers, within these limited vulnerability posed by those who might Accordingly, and in response to circumstances, the Secretary of illegally purport to be U.S. or foreign public comments, DHS and DOS Homeland Security proposes that the citizens trying to enter the U.S. by land propose the following alternative delineated documents be accepted for or sea on a mere oral declaration is document requirement for U.S. cruise travel as discussed. ship passengers. For purposes of the imperative. As we move towards WHTI There are other groups of travelers implementation, it is the intention of proposed rule, a cruise ship is defined that fall outside the scope of section as a passenger vessel over 100 gross DHS to end the routine practice of 7209 and are therefore not subject to accepting oral declarations alone tons, carrying more than 12 passengers these requirements. The documents for hire, making a voyage lasting more starting January 31, 2008. CBP will permitted for these populations under retain its discretionary authority to than 24 hours any part of which is on the high seas, and for which passengers 50 For U.S. citizens, a government-issued photo 48 For more information on this pilot program, see identification combined with a Consular Report of http://www.dhs.gov. Birth Abroad or a Certificate of Naturalization could 51 See 19 CFR 4.7b (vessel arrivals) and 19 CFR 49 See REAL ID NPRM at 72 FR 10819. also be presented. 4.64 (vessel departures).

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are embarked or disembarked in the international borders, primarily in the requirements specified below or United States or its territories.52 land environment. otherwise specified in this NPRM. U.S. cruise ship passengers traveling Because DHS and DOS believe that In order to facilitate law enforcement within the Western Hemisphere would these children traveling in the sea and functions, DHS and DOS recommend be permitted to present a government land environments pose a low security that those attempting to enter the United issued photo identification document in risk, DHS, in consultation with DOS, States with children under the age of 16 combination with either (1) An original proposes the procedures below. have verbal or written evidence of or a certified copy of a birth certificate, Mexican children are currently parental consent for the child to travel (2) a Consular Report of Birth Abroad required to present either a passport and internationally. For example, both issued by DOS, or (3) a Certificate of visa or BCC upon arrival in the United parents or legal guardians, or one parent Naturalization issued by U.S. States, as discussed above. DHS and or guardian with sole custody, may Citizenship and Immigration Services DOS do not propose to change the provide written consent for a child’s (USCIS), when returning to the United current document requirements for international travel with an adult who is States, under certain conditions: Mexican children entering the United not that child’s parent or guardian. • States because Mexican children must The passengers must board the 2. Groups of Children Under Age 19 cruise ship at a port or place within the now present either a passport and visa United States; and or BCC upon arrival in the United States In Section 546 of the DHS • The passengers must return on the from contiguous territory. As discussed Appropriations Act of 2007, Congress same ship to the same U.S. port or place above, IRTPA directs DHS to implement expressed an interest that an alternative from where they originally departed. a plan to require documents for citizens procedure be developed for groups of All passengers arriving on a cruise for whom the general passport children traveling across an ship that originated at a foreign port or requirements have previously been international border under adult place would have to present travel waived, not to eliminate document supervision with parental consent. documents that comply with applicable requirements currently in place. Under this proposed rule, U.S. and Canadian citizen children under age 19, document requirements otherwise 1. Children Under Age 16 specified in this NPRM when arriving in who are traveling with public or private the United States. For voyages where Under the proposed rule, all U.S. school groups, religious groups, social the cruise ship originated in the United citizen children under the age of 16 or cultural organizations, or teams States, if any new passengers board the would be permitted to present either (1) associated with youth sport ship at a foreign port or place, the new An original or a certified copy of a birth organizations that arrive at U.S. sea or passengers would have to present travel certificate; (2) a Consular Report of Birth land ports-of-entry from contiguous Abroad issued by DOS; or (3) a territory, would be permitted to present documents that comply with applicable Certificate of Naturalization issued by either (1) An original or a certified copy document requirements otherwise USCIS at all sea and land ports-of-entry of a birth certificate; (2) a Consular specified in this NPRM when arriving in when arriving from contiguous territory. Report of Birth Abroad issued by DOS; the United States. U.S. citizen cruise Canadian citizen children under the age or (3) a Certificate of Naturalization ship passengers that would fall under of 16 would be permitted to present an issued by USCIS, when the groups are this alternative document requirement original or a certified copy of a birth under the supervision of an adult are reminded to carry appropriate travel certificate at all sea and land ports-of- affiliated with the organization documentation to enter any foreign entry when arriving from contiguous (including a parent of one of the countries or stops on the cruise. territory. accompanied children who is only B. U.S. and Canadian Citizen Children DHS and DOS have determined that affiliated with the organization for 16 is the most appropriate age to begin The U.S. government currently purposes of a particular trip) and when the requirement to present a passport, requires all children arriving from all the children have parental or legal passport card (for U.S. citizens), or other countries outside the Western guardian consent to travel. For purposes approved document because at that age Hemisphere to present a passport when of this alternative procedure, an adult most states begin issuing photo entering the United States. Currently, would be considered to be a person age identification to children, such as a children (like adults) from the United 19 or older, and a group would consist driver’s license, and at that point, the States, Canada, and Bermuda are not of two or more people. child would consequently, have a The group, organization, or team required to present a passport when known and established identity that would be required to contact CBP upon entering the United States from could be readily accessed by border crossing the border at the port-of-entry contiguous territory or adjacent islands security and law enforcement where it will cross and provide on by sea or land, excluding Cuba. Mexican personnel. CBP officers at the border organizational letterhead: (1) The name children are currently required to could more easily determine if the of the group, organization or team and present either a passport and visa or traveler was wanted for a federal crime, the name of the supervising adult; (2) a BCC upon arrival in the United States, or if the person had been listed as list of the children on the trip; (3) for as discussed above. missing in a Federal database. Also, age each child, the primary address, DHS and DOS considered extending 16 is the age that DOS begins to issue primary phone number, date of birth, this passport requirement to all U.S. and adult passports, valid for 10 years place of birth, and name of at least one Canadian children entering the United instead of 5 years for children. DHS and parent or legal guardian; and (4) the States by sea or land from within the DOS also recognize that it is difficult for signature of the supervising adult Western Hemisphere as well; however, the majority of children under 16 to certifying that he or she has obtained many public comments have expressed obtain a form of government-issued parental or legal guardian consent for a desire for an exception to be made for photo identification other than a each participating child. The group, these children traveling across passport or passport card. U.S. and organization, or team would be able to 52 For this proposed rule, DHS proposes to adopt Canadian children age 16 and over who demonstrate parental or legal guardian the definition of a cruise ship used by the U.S. arrive from contiguous territory would consent by having the adult leading the Coast Guard. See 33 CFR 101.105. be subject to the WHTI document group sign and certify in writing that he

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or she has obtained parental or legal minor under the age of 16.53 United States at sea and land ports-of- guardian consent for each participating Furthermore, parents are making use of entry. Accordingly, under this NPRM, child. the DOS Children’s Passport Issuance alien members of the U.S. Armed Forces For Canadian children, in addition to Alert System. Under this system, DOS traveling under official orders or permit the information indicated above, a trip notifies a parent or court ordered legal of the Armed Forces would be permitted itinerary, including the stated purpose guardian, when requested, before to present those orders and a military of the trip, the location of the issuing a U.S. passport for his or her identification card in lieu of a passport destination, and the length of stay child. when entering the United States at air, would be required. DOS and DHS are soliciting sea, and land ports-of-entry. However, As it is structured, we believe most of comments on whether a traditional spouses and dependents of military the groups utilizing this alternative passport or a passport card should be members are not covered by the procedure would be high school groups required for any child under 16 entering exemption set forth in section 284 of the or groups containing children aged 16 to the United States not in a group without INA.59 Under this proposed rule, 18. Based on experience, there is little, his/her parents. DOS and DHS are also spouses and dependents of these alien if any, risk of child trafficking or soliciting comments on what would be military members, unless they are LPRs, parental abduction in the group travel the advantages and disadvantages to will be subject to the same document context. To avoid delays upon arrival at requiring a traditional passport or a requirements as other sea and land a port-of-entry, CBP would recommend passport card, and not allowing child border arrivals otherwise specified in that the group, organization, or team travelers in such circumstances to rely this NPRM or the INA. provide this information well in upon a birth certificate, Consular Record E. Members of NATO Armed Forces advance of arrival, and would of Birth Abroad, or Certificate of recommend that each participant Naturalization. Pursuant to Article III of the traveling on an original or certified copy Agreement Between the Parties to the C. Lawful Permanent Residents of the of a birth certificate, Consular Report of North Atlantic Treaty Regarding the United States 60 Birth Abroad, or Certificate of Status of Their Forces, June 19, 1951, Naturalization carry a government or Section 7209 of IRTPA does not apply North Atlantic Treaty Organization school issued photo identification to Lawful Permanent Residents (LPRs), (NATO) military personnel on official document, if available. Travelers with because LPRs are immigrant aliens duty are normally exempt from passport the group who are age 19 and over exempted from the requirement to and visa regulations and immigration would be subject to the generally present a passport under section 211(b) inspection on entering and leaving the applicable travel document of the INA. LPRs will continue to be territory of a NATO party, but, if asked, requirements specified in 8 CFR parts able to enter the United States upon must present a personal identification 211, 212 or 235 and 22 CFR parts 41 or presentation of a valid Form I–551, card issued by their NATO party of 53. Permanent Resident Card 54 or other nationality and official orders from an evidence of permanent resident status.55 appropriate agency of that country or 3. Alternative Approach for Children; We note that DHS published a notice from NATO.61 Because their exemption Parental Consent of proposed rulemaking in the Federal from the passport requirement is based DOS and DHS also seek comments Register on July 27, 2006, that proposes on the NATO Status of Forces regarding approaches to ensuring proper to collect and verify the identity of LPRs Agreement rather than a waiver under documentation to address concerns arriving at air and sea ports-of-entry, or section 212(d)(4)(B), they are not subject about child abduction, parental requiring secondary inspection at land to section 7209 of IRTPA. Therefore, kidnapping, and trafficking in children ports-of-entry, through US–VISIT.56 notwithstanding this proposed rule, across U.S. borders. CBP Trusted Traveler program members NATO military personnel would not be DOS’s Office to Monitor and Combat (FAST, SENTRI or NEXUS) who are subject to the requirement to present a Trafficking in Persons estimates that LPRs must always carry their Form passport when arriving in the United approximately half the victims of I–551 cards in addition to their States at sea and land ports-of-entry. trafficking who enter the United States membership card. F. American Indian Card Holders From are minors. At any one time, there are D. Alien Members of the U.S. Armed Kickapoo Band of Texas and Tribe of approximately 700 open cases of Forces Oklahoma parental child abduction across the U.S. Citizenship and Immigration United States borders with Canada and Pursuant to Section 284 of the INA,57 Services (USCIS) issues American Mexico. alien members of the U.S. Armed Forces Indian Cards (Form I–872) to members In light of concerns about the safety entering under official orders presenting of the Kickapoo Band of Texas and of children, the American public military identification are not required Tribe of Oklahoma to document their supported changes in passport to present a passport and visa.58 status. The American Indian Card is processing beginning in 1999 to require Because this statutory exemption does issued pursuant to the Texas Band of evidence of parental consent. Currently, not fall within the scope of section 7209 of IRTPA, under this proposed rule, DOS requires the execution of a 59 alien members of the U.S. Armed Forces See 8 U.S.C. 1354. passport application by both parents or 60 Agreement Between the Parties to the North legal guardian(s) before the passport traveling under orders would continue Atlantic Treaty Regarding the Status of Their agent or passport acceptance agent as a to be exempt from the requirement to Forces, June 19, 1951, [1953, pt.2] 4 U.S.T. 1792, precondition to the issuance of a present a passport when arriving in the T.I.A.S. No. 2846 (effective Aug. 23, 1953). NATO member countries are: Belgium, Bulgaria, Canada, passport to a child under 14. On March the Czech Republic, Denmark, Estonia, France, 53 See 72 FR 10095. 7, 2007, DOS published for public Germany, Greece, Hungary, Iceland, Italy, Latvia, 54 comment a rule proposing to require the See Section 211(b) of the INA, 8 U.S.C. 1181(b). Lithuania, Luxembourg, the Netherlands, Norway, 55 See 8 CFR 211.1. execution of a passport application by Poland, Portugal, Romania, Slovakia, Slovenia, 56 See 71 FR 42605. Spain, Turkey, the United Kingdom of Great Britain both parents or legal guardian(s) for a 57 See 8 U.S.C. 1354. and Northern Ireland, and the United States. passport application pertaining to a 58 See 8 CFR 235.1(c). 61 See 8 CFR 235.1(c).

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Kickapoo Act of 1983 (TBKA), 25 U.S.C. American tribes have emphasized the acceptance of its tribal enrollment card 1300b–13. There are two versions of the particular impact which a new as an alternative for its members. All American Indian Card: (1) For document requirement may have on such comments should explain fully Kickapoos who opted to become U.S. Native Americans belonging to United why the proposed tribal enrollment card citizens under the TBKA (the filing States tribes who continue to cross the should be an acceptable alternative deadline for this benefit closed in 1989) land borders for traditional historic, document for its members. and (2) for Kickapoos who opted not to religious, and other cultural purposes. A Each comment should explain the become U.S. citizens, but instead were number of border tribes are particularly traditional border crossings of that tribe afforded ‘‘pass/repass’’ status. concerned that their members will be by: We note that by Federal law, all of the required to obtain a passport card or a. Specifically identifying the Kickapoo Indians described above, other alternative document to maintain federally recognized tribe; whether or not they are U.S. citizens, contact with ethnically related b. Indicating the traditional may ‘‘pass the borders’’ between Mexico communities, including, for some tribes, destination or destinations across the and the United States,62 which has members who live on traditional land in border that are visited by members of historically applied to land border Mexico or Canada. the tribe; c. Explaining in detail the purpose or crossings. We propose to continue the 1. Proposed Acceptance of Satisfactory current practice of allowing U.S. citizen purposes of all such travel; Tribal Enrollment Documents at d. Relating all such travel to and Mexican national Kickapoo Indians Traditional Border Crossing Points for to enter and exit the United States using traditional ethnic, religious, cultural or Tribes Who Continue Traditional Land other activities of the tribe; their American Indian Cards, issued by Border Crossings USCIS, as an alternative to the e. Indicating the frequency of the traditional passport or passport card at DHS and DOS do not propose to travel; and f. Specifying the border crossing point all sea and land border ports-of-entry. accept any particular tribal enrollment Under the proposed rule, U.S. citizen documents as part of this NPRM. DHS or points which are generally utilized to members of the Kickapoo Band of Texas and DOS do propose, however, to travel to each destination. If the cross-border travel is and Tribe of Oklahoma would be consider such documents for the final reciprocated by a tribe, community, or permitted to present the Form I–872 rule as discussed below. Documents that band from Canada or Mexico, the American Indian Card in lieu of a may be found acceptable and so United States tribe should also fully passport or passport card at all sea and designated in the final rule must explain the connection with Canadian land ports of entry when arriving from establish the identity and citizenship of or Mexican Native Americans including contiguous territory or adjacent islands. members of United States tribes. DHS a complete description of all such travel Mexican national members of the and DOS propose to accept such tribal into the United States by individuals Kickapoo Band of Texas and Tribe of enrollment documents only if members from the related Native American Oklahoma would be permitted to of the issuing tribe continue to cross the land border of the United States for a community. present the I–872 in lieu of either a The record of the rulemaking will passport and visa or BCC at sea and land historic, religious or other cultural purpose.67 The tribal enrollment card need to detail the enrollment ports-of-entry when arriving from qualifications employed by each United contiguous territory or adjacent islands. must be satisfactory to CBP, may only be used at that tribe’s traditional border States tribe in order to propose the G. Members of United States Native crossing points and will only be acceptance of the tribe’s enrollment American Tribes accepted so long as that tribe cooperates document. All qualifications for IRTPA expressly applies to all United with the verification and validation of membership in any such tribe should be States citizens. Federal statutes apply to the document. These tribes must also fully described in the comments as well Native Americans born in the United cooperate with CBP on the enhancement as whether, and in what circumstances, States 63 absent some clear indication of their documents in the future as a spouses, children or others may be that Congress did not intend the statute condition for the continued acceptance ‘‘adopted’’ into the tribe. In addition, to apply.64 However, the United States of the document. each tribe should indicate the relevant has a special relationship, founded in DHS and DOS invite comments from categories of information from its the Constitution, with its Native those United States tribes that enroll enrollment records that support the American tribes.65 This relationship members who continue to cross the acceptance of its tribal enrollment permits special rules for Native border for a traditional purpose. Any document as an acceptable citizenship tribe that wishes to propose its tribal American members of federally and identity document. Such comments enrollment card as an acceptable recognized United States tribes.66 should explain and document the Comments on the ANPRM and alternative document at one or more reliability of each tribe’s records. For consultations with United States Native traditional border crossing points that reason, tribes interested in pursuing should submit comments supporting this option should indicate the 62 See Texas Band of Kickapoo Act, Pub. L. 97– information that it is willing to make 67 429, 96 Stat. 2269 (1983). From our consultations with Native American available to CBP from tribal enrollment communities, DHS understands that members of a 63 In 1924, Congress conferred United States records. At a minimum, CBP will need number of federally recognized tribes maintain citizenship on all Native Americans born in the contact with ethnically related people across our to verify the names, residences, and United States. Act of June 2, 1924, ch. 233, 43 Stat. land border. For example, the Kumeyaay of birthplaces of enrolled tribal members, 253, codified as INA § 301(b), 8 U.S.C. 1401(b). California, Tohono O’odham of Arizona, Kickapoo 64 the identity of the parents of enrolled See Federal Power Commission v. Tuscarora of Texas, Oklahoma and Kansas, and Indian Nation, 362 U.S. 99, 120 (1960); Taylor v. Haudenosaunee or Six Nations of the New York tribal members who were not born in Ala. Intertribal Council Title IV J.T.P.A., 261 F.3d State area maintain contact with ethnically related the United States, and the procedures 1032, 1034–1035 (11th Cir. 2001). people on the other side of border. We also have followed by each tribe to document all 65 See Constitution, I, § 8, cl.3; Cherokee Nation been told that the three Kickapoo bands in the such information contained in its v. Georgia, 30 U.S. 1, 17 (1831); Worcester v. United States all lay their dead to rest in a Georgia, 31 U.S. 515, 561 (1832); U.S. v. Sandoval, traditional cemetery in Mexico. Traditional border enrollment records. 231 U.S. 28, 46–47 (1913). crossings may continue for these and similar DHS and DOS also welcome 66 Morton v. Mancari, 417 U.S. 535, 551–55. historic, religious and cultural purposes. comments concerning the determination

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of which cards are satisfactory as well members of the federally recognized United States, as defined in section as information concerning the specific Kickapoo Tribes or a similar card. 215(c) of the INA, without touching at features of each tribal enrollment card • Accept tribal enrollment cards from a foreign port or place. used by tribal members who continue to tribes whose members continue J. Outer Continental Shelf Employees cross the land border for a traditional traditional border crossings without any purpose. All biometric and other limitation on the border crossing point In response to comments received to security features on each card should be or points where each such tribal the ANPRM and Air/Sea NPRM, DHS described in full in the comments and enrollment card is accepted. and DOS are clarifying that offshore a life size image of both sides of a • Accept all tribal enrollment cards workers who work aboard Mobile sample card should be submitted for the from all federally recognized Native Offshore Drilling Units (MODUs) record with each set of comments. American tribes at some or all border attached to the United States Outer Comments must also include a crossing points. Continental Shelf (OCS), and who travel description of the issuance process used DHS and DOS specifically request to and from MODUs, would not need to by the tribe to physically issue the tribal comments on these alternatives and possess a passport or other designated enrollment document. DHS and DOS are suggestions for any other alternatives for document to re-enter the United States particularly interested in the materials U.S. Native Americans. if they do not enter a foreign port or and techniques used to ensure that the H. Canadian Indians place. Upon return to the United States tribal enrollment document cannot be from a MODU, such an individual obtained improperly. This description Section 289 of the INA 68 refers to the would not be considered an applicant must also include a description of the ‘‘right’’ of Native Americans born in for admission for inspection purposes physical security features utilized to Canada to ‘‘pass the borders of the under 8 CFR 235.1. Therefore, this ensure that documents are not issued to United States,’’ provided they possess at individual would not need to possess a individuals who are not qualified to least 50 percent of Native American passport or other designated document receive such documents. blood. Under this proposed rule, when returning to the United States. A tribe that issues an acceptable tribal Canadian members of First Nations or However, an individual who travels to enrollment document may be asked to ‘‘bands’’ would be permitted to enter the a MODU from outside of the United regularly provide CBP with an United States at traditional border States and, therefore, has not been electronic copy of current relevant crossing points with tribal membership previously inspected and admitted to information from its tribal enrollment documents subject to the same the United States, would be required to roles for purposes of verifying and conditions applicable to United States possess a passport and visa, if required, validating tribal enrollment documents. Native Americans. Canadian First or other designated document when Comments should indicate whether the Nations or bands who seek to have their arriving at the U.S. port-of-entry. tribe is willing and able to provide this tribal enrollment cards accepted for DHS and DOS note that for information on an ongoing basis. border crossing purposes should submit immigration purposes offshore DHS and DOS are also sensitive to the comments for the record which contain employees on MODUs underway, which privacy of tribal enrollment records not the information requested in subsection are not considered attached, would not related to the establishment of identity G for comparable federally recognized need to present a passport or other and citizenship such as alternative tribal U.S. tribes. designated document for re-entry to the names. Comments explaining specific As previously noted, the new Indian United States mainland or other privacy and other concerns related to and Northern Affairs Canada card may territory if they do not enter a foreign the sharing of tribal enrollment also be accepted as satisfactory evidence port or place during transit. However, information are particularly encouraged. of the citizenship and identity of an individual who travels to a MODU Each tribe which proposes a tribal registered Canadian Indians. from outside the United States OCS and, enrollment card as an alternative border I. Sea Travel From Territories Subject to therefore, has not been previously crossing document should indicate the Jurisdiction of the United States inspected and admitted to the United whether the tribe is willing to cooperate States, would be required to possess a As we stated in the Air Rule, for with CBP on the enhancement of the passport and visa or other designated purposes of the passport requirement of document in the future. document when arriving at the United section 215(c) of the INA,69 the term Tribes will only have the opportunity States port-of-entry by sea. to participate in the shaping of the ‘‘United States’’ includes all territory standards for tribal documents through and waters, continental or insular, K. International Boundary and Water this rulemaking. Therefore any tribe that subject to the jurisdiction of the United Commission Employees is considering submitting the States. The United States, for purposes Alien direct and indirect employees information outlined above must do so of section 215 of the INA and section of the International Boundary and Water through this rulemaking process, as 7209 of the IRTPA, includes Guam, Commission (IBWC) are not required to outlined in this NPRM. Puerto Rico, the U.S. Virgin Islands, present a passport and visa when American Samoa, Swains Island, and 2. Possible Alternative Treatment of seeking admission to the United States the Commonwealth of the Northern temporarily in connection with their United States Native Americans Mariana Islands.70 Because section employment.71 Instead, these employees DHS and DOS are also considering 7209, applies only to persons traveling usually present IBWC identification alternative approaches and invite between the United States and foreign cards. The exemption is pursuant to comments on the following approaches: countries, these requirements to carry treaty and thus not affected by IRPTA. • Make no special provision for U.S. specified documents will not apply to Accordingly, there is no substantive Native Americans because they have an United States citizens and nationals equal opportunity to obtain the same who travel directly between parts of the documents that are available to all other 71 Article 20 of the 1944 Treaty Between the United States and Mexico (regarding division of U.S. citizens. 68 See 8 U.S.C. 1359. • boundary water and the functions of International Consider broader issuance of the 69 See 8 U.S.C. 1185(c). Boundary and Water Commission), TS 922, Bevan American Indian Card now issued to 70 See 8 CFR 215.1(e) and 22 CFR 50.1. 1166, 59 Stat. 1219; 8 CFR 212.1(c)(5).

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change to the rule regarding alien L. Individual Cases of Passport Waivers vac (land and air ambulance) cases, sick employees of the IBWC. or injured crewmembers, and shipwreck The passport requirement may be or plane crash survivors. A waiver may U.S. citizen direct and indirect waived for U.S. citizens in certain employees of the IBWC who enter the also be granted in other cases of individual cases on a case-by-case humanitarian or national interest.73 United States from Mexico in basis.72 A waiver may be granted in the connection with their IBWC case of an emergency, such as M. Summary of Document Requirements employment would continue to be able individuals in need of emergency The following chart summarizes the to present an IBWC identification card. medical treatment, fire fighters acceptable documents for sea and land responding to a call, emergency workers arrivals from the Western Hemisphere responding to a natural disaster, Medi- under WHTI.

Group/population Acceptable document(s) Land Ferry Pleasure vessel Sea (all other vessels)

All Travelers (U.S., Can., Valid Passport (and valid Yes ...... Yes ...... Yes ...... Yes. Mex., Berm.) at all sea visa, if necessary for and land POEs. foreign travelers). U.S. Citizens at all sea Valid Passport card ...... Yes ...... Yes ...... Yes ...... Yes. and land POEs when arriving from Canada, Mexico, the Caribbean, and Bermuda. Trusted Traveler Members Trusted Traveler Cards Yes* ...... Yes* ...... Yes* ...... Yes.* at all sea and land (NEXUS, FAST, POEs when arriving SENTRI). from contiguous territory or adjacent islands. U.S. Citizen Merchant U.S. Merchant Mariners Yes ...... Yes ...... Yes ...... Yes. Mariner on official mar- Document (MMD). iner business at all sea and land POEs. Mexican Nationals arriving Border Crossing Card Yes** ...... Yes** ...... Yes** ...... No. from Mexico. (BCC). Lawful Permanent Resi- I–551; I–688 with proper Yes ...... Yes ...... Yes ...... Yes. dents (LPRs) at all land stamp; I–327; I–571; I– and sea POE. 512; other evidence of permanent resident status. U.S. Citizen Cruise Ship Government-issued photo N/A ...... N/A ...... N/A ...... Yes—for round trip voyages Passengers on round ID and certified copy of that originate in U.S. trip voyages that begin birth certificate. and end in the same U.S. port. U.S. and Canadian Cit- Certified copy of birth Yes ...... Yes ...... Yes ...... Yes. izen Children Under 16 certificate (government- at all sea and land issued photo ID rec- POEs when arriving ommended, but not or from contiguous territory required). or adjacent islands. U.S. and Canadian Cit- Certified copy of birth Yes ...... Yes ...... Yes ...... Yes. izen Children—Groups certificate and parental/ of Children Under Age guardian consent (gov- 19, under adult super- ernment-issued photo vision with parental/ ID recommended, but guardian consent at all not required.). sea and land POEs when arriving from con- tiguous territory or adja- cent islands. U.S. Citizen/Alien Mem- Military ID and Official Yes ...... Yes ...... Yes ...... Yes. bers of U.S. Armed Orders. Forces traveling under official orders or permit at all air, sea and land POEs. Members of NATO Armed Military ID and Official Yes ...... Yes ...... Yes ...... Yes. Forces at all sea and Orders. land POEs.

72 See 22 CFR 53.2. 73 See section 7209(c)(2) of IRTPA.

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Group/population Acceptable document(s) Land Ferry Pleasure vessel Sea (all other vessels)

U.S. and Mexican Kick- Form I–872 American In- Yes ...... Yes ...... Yes ...... Yes. apoo at all sea and land dian Card. POEs when arriving from contiguous territory and adjacent islands. * Approved for Mexican national members traveling with passport and visa or BCC. ** In conjunction with a valid I–94 for travel outside the 25- or 75-mile geographic limits of the BCC.

VI. Section-by-Section Discussion of conjunction with official maritime program (NEXUS, FAST, or SENTRI) Proposed Amendments business. members; children under age 16; and The amendments would designate children under age 19 traveling in Based on the discussion above, the acceptable alternative documents to the groups. following changes are necessary to the passport for: U.S. citizen members of the The amendments to 22 CFR 41.2(g) regulations. Armed Forces of the United States; would eliminate the passport exceptions 8 CFR 212.0 cruise ship passengers on cruises that for Mexican nationals obtaining a originate and return to the United passport at Mexican consulates in the This amendment would add a new States; children under age 16; children United States and would add a passport section 212.0 that would define the under to age 19 traveling in groups; and exception for Mexican national terms ‘‘adjacent islands’’, ‘‘cruise ship’’, U.S. citizen direct and indirect Kickapoo holders of a Form I–872 ‘‘ferry’’, ‘‘pleasure vessel’’, and ‘‘United employees of the International American Indian Card. States’’ for purposes of § 212.1 and Boundary and Water Commission 22 CFR 53.2 § 235.1 of this subchapter of title 8. traveling in connection with 8 CFR 212.1 Commission employment with proper The proposed amendments to this identification. section would add additional categories The amendments to this section The amendments to this section also of United States citizens who may would revise paragraphs (a)(1) and (a)(2) remove the current paragraph (d) and present alternative documentation in to add a requirement that Canadians and add a new paragraph (d), which lieu of a passport when traveling by citizens of the British Overseas Territory provides that the Secretary of Homeland land and sea. Specifically, the of Bermuda present a passport when Security may designate certain amendments would add passport seeking admission to the United States documents or combinations of exceptions for: U.S. citizen members of at sea or land ports-of-entry, except in documents as sufficient to denote the Armed Forces of the United States; certain enumerated circumstances. The identity and citizenship for certain children under age 16; and children amendment designates acceptable approved pilot programs effective upon under age 19 traveling in groups. alternative documents for trusted publishing notice in the Federal VII. Regulatory Analyses traveler program (NEXUS, FAST, or Register. SENTRI) members; children under age A. Executive Order 12866: Regulatory 16; and children under age 19 traveling 22 CFR Part 41 Planning and Review in groups. The amendments to this part would This rule is considered to be an In addition, the amendments to this add definitions in a new section economically significant regulatory section would revise paragraph (c)(1) by numbered 41.0, delete section 41.1(b) action under Executive Order 12866 deleting the current paragraph (c)(1)(ii), and revise sections 41.2(a), (b), and (g). because it may result in the expenditure which provides a passport exception to These sections currently provide of over $100 million in any one year. Mexican nationals obtaining a passport passport exceptions for Canadian Accordingly, this proposed rule has at Mexican consulates in the United citizens and citizens of the British been reviewed by the Office of States. The amendment would add a Overseas Territory of Bermuda. In the Management and Budget (OMB). The new paragraph (c)(1)(ii), allowing amendments, new language is proposed following summary presents the costs alternative documentation to be that would require a passport when and benefits of the proposed rule plus presented by Mexican national seeking admission to the United States a range of alternatives considered. (The Kickapoo holders of a Form I–872 at sea or land ports-of-entry from ‘‘Regulatory Assessment’’ can be found American Indian Card. contiguous territory within the Western in the docket for this rulemaking: Hemisphere, except in certain 8 CFR 235.1 http://www.regulations.gov; see also enumerated circumstances. The http://www.cbp.gov). There are two The amendment to this section would amendments propose the deletion of documents: one document examines the revise paragraph (b) to provide that section 41.2(b) and the reservation of impacts of WHTI in the cruise ship certain categories of United States that subsection for future rulemaking. environment; the second document citizens may present alternative The visa exception for certain Native examines the impacts on border documentation in lieu of a passport Americans born in Canada is moved to crossings by land, ferry, and pleasure when they enter the United States. The revised section 41.2(a). As outlined in vessels. Comments regarding both of the revised paragraph (b) would list the the preamble, the proposed rule would analyses and the underlying acceptable documentation for each consider designation of a satisfactory assumptions are encouraged and may be category of U.S. citizen when they enter alternative document for Canadian submitted by any of the methods the United States at sea or land ports- Native Americans belonging to a First described under the ADDRESSES section of-entry: a passport; a passport card; a Nation, tribe, or band whose members of this document. trusted traveler card (NEXUS, FAST, or continue traditional border crossings. The regulatory assessments SENTRI); an unexpired MMD for The proposed amendment would add summarized here consider U.S. travelers merchant mariners traveling in passport exceptions for trusted traveler entering the United States via land

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ports-of-entry on the northern and exemptions, a passenger must board the U.S. adult travelers.’’ We then estimate southern borders (including arrivals by cruise ship at a port or place within the the number of travelers without the ferry and pleasure boat) as well as United States and the passenger must documentation this rulemaking certain cruise ship passengers. The return on the same ship to the same U.S. proposes to be required and estimate the impacts to the public due to the port or place from where he or she cost to obtain such documents. The fee requirement to obtain the necessary originally departed. for the passport varies depending on the documentation for air travel were For the summary of the analysis age of the applicant, whether or not the considered in a previous analysis presented here, CBP assumes that only applicant is renewing a passport, examining the implementation of WHTI the passport, trusted traveler cards, and whether or not the applicant is in the air environment (the Regulatory the MMD are available in the first years requesting expedited service, and Assessment for the November 2006 of the analysis (recalling that the period whether or not the applicant obtains a Final Rule for implementation of WHTI of analysis begins in 2005 when passport or a passport card. in the air environment can be found at passport cards and pilot-program Additionally, we consider the amount of http://www.regulations.gov; document documents were not yet available). CBP time required to obtain the document number USCBP–2006–0097–0108). If also assumes that most children under and the value of that time. To estimate travelers have already purchased a 16 will not obtain a passport or passport the value of an applicant’s time in the passport for travel in the air card but will instead use alternative land environment, we conducted new environment, they would not need to documentation (birth certificates). The research that builds on existing purchase a passport for travel in the estimates reflect that CBP trusted estimates from the Department of land or sea environments. We do not traveler cards would be accepted at land Transportation.75 To estimate the value attempt to estimate with any precision and sea ports-of-entry. Finally, CBP of an applicant’s time in the sea the number of travelers who travel in assumes that most of the U.S. cruise environment, we use estimates for air more than one environment, and, passenger population will present travelers’ value of time (recall that air therefore, may have already obtained a alternative documentation (government- and sea travelers share very similar passport due to the air rule and will not issued photo ID and certified copy of characteristics) from the Federal incur any burden due to this birth certificate) because they meet the Aviation Administration (FAA, 2005 rulemaking. To the extent that the three waiver criteria proposed. data). We use the 2005 DOS passport traveling populations overlap in the air, To estimate the costs of the rule, we demand study and CBP statistics on the land, and sea environments, we have follow this general analytical trusted traveler programs to estimate potentially overestimated the direct framework— how many unique U.S. travelers already • Determine the number of U.S. costs of the proposed rule presented hold acceptable documents. here. travelers that will be covered. The period of analysis is 2005–2014 • Determine how many already hold We estimate covered cruise (10 years). We calculate costs beginning acceptable documents. passengers using data from the Maritime • in 2005 because although the full suite Determine how many will opt to Administration (MARAD, 2006 data) of WHTI rules is not yet in place, DOS obtain passports or passport cards, and and itineraries available on the cruise estimate their lost ‘‘consumer surplus.’’ line Web sites (for 2007). The has already seen a dramatic increase in • passport applications since the WHTI Determine how many will forgo overwhelming majority of Western plan was announced in early 2005. We travel instead of obtaining passports or Hemisphere cruise passengers—92 account for those passports obtained passport cards, and estimate their lost percent—would fall under the proposed prior to full implementation to more ‘‘consumer surplus.’’ cruise-passenger waiver. Passengers not accurately estimate the economic We estimate covered land travelers covered by the waiver fall into four impacts of the rule as well as to using multiple sources, including: trade markets—Alaska (72 percent), incorporate the fairly sizable percentage Crossing data from the Bureau of Trans-Panama Canal (16 percent), U.S. of travelers that currently hold passports Transportation Statistics (BTS, 2004 Pacific Coast (8 percent), and Canada/ in anticipation of the new requirements. data), a study of passport demand New England (4 percent). We estimate In addition to the traditional passport conducted by DOS,74 and a host of that these passengers will have to obtain book, the Secretary of Homeland regional studies conducted by State and a passport rather than one of the other Security is designating the passport local governments and academic acceptable documents because these card, CBP trusted traveler cards research centers. travelers will likely have an (NEXUS, SENTRI, FAST), the Merchant Other than the DOS passport demand international flight as part of their cruise Mariner Document, and specified study, no source exists to our vacation, and only the passport is a documents from a DHS-approved WHTI knowledge that has estimated the total globally accepted travel document. We pilot program as generally acceptable number of land entrants nationwide. use a comment to the August 2006 travel documents for U.S. citizens to Researchers almost always count or NPRM for implementation of WHTI in enter the United States at land and sea estimate crossings, not crossers and the air and sea environments (71 FR ports-of-entry. Because DHS and DOS focus on a region or locality, not an 46155) from the International Council of believe that children under the age of 16 entire border. Building on the work Cruise Lines to estimate how many pose a low security threat in the sea and conducted for the DOS passport study, unique U.S. cruise travelers already land environments, U.S. children may we distilled approximately 300 million hold acceptable documentation; present a certified copy of a birth annual crossings into the number of however, we will continue to study this certificate in lieu of the designated frequent (defined as at least once a issue. documents. Additionally, DHS and DOS year), infrequent (once every 3 years), have determined that exempting certain and rare (once every 10 years) ‘‘unique 75 U.S. Department of Transportation, cruise passengers from a passport Departmental Guidance for the Valuation of Travel requirement is the best approach to 74 A Study to Determine the Inaugural and Time in Economic Analysis (Memorandum from Annual Demand for U.S. Passports by U.S. Citizens F.E. Kruesi) (April 1997); and U.S. Department of balance security and travel efficiency Living in and Traveling to Canada, Mexico and the Transportation. Revised Departmental Guidance, considerations in the cruise ship Caribbean (U.S. State Department, Prepared by Valuation of Travel Time in Economic Analysis environment. To meet the cruise Bearing Point Oct. 2005). (Memorandum from E.H. Frankel) (February 2003).

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Based on CBP’s analysis, TABLE A.—FIRST-YEAR ESTIMATES their implied value for access to these approximately 3.2 million U.S. travelers (2005) FOR U.S. ADULT TRAV- countries is less than the cost of are affected by the proposed rule in the ELERS—Continued obtaining a passport card. first year of analysis (2005). Of these, [All estimates in millions] To estimate potential forgone travel in approximately 2.9 million enter through the relatively small number of cruises a land-border crossing (via privately Total ...... 3.0 affected in the sea environment, we use owned vehicle, commercial truck, bus, Total cost of passports: a study from Coleman, Meyer, and Land-border crossers ...... $370.7 train, on foot) and ferry and recreational Scheffman (2003), which described the boat landing sites. An estimated 0.3 Cruise passengers ...... 45.8 Federal Trade Commission investigation million are cruise passengers that do not into potential impacts of two cruise-line meet the waiver criteria in the NPRM Total ...... $416.5 mergers and estimated a demand (note that over 90 percent of U.S. cruise elasticity for cruise travel. We estimate passengers are expected to meet the To estimate potential forgone travel in proposed waiver criteria). CBP estimates the land environment, we derive that the number of travelers decreases that the traveling public acquired traveler demand curves for access to by 24.4 percent, 13.4 percent, 7.0 approximately 3.2 million passports in Mexico and Canada based on survey percent, and 5.6 percent for travelers on the first year of the analysis, in the responses collected in the DOS passport short (1 to 5 nights), medium (6 to 8 anticipation of the passport study. We estimate that when the rule nights), long (9 to 17 nights), and very requirements, at a direct cost of $417 is implemented, the number of unique long cruises (over 17 nights) once the million. These estimates are U.S. travelers to Mexico who are rule is implemented. summarized in Table A. frequent travelers decreases by 6.5 We then estimate total losses in percent, the unique U.S. travelers who consumer surplus. The first figure below TABLE A.—FIRST-YEAR ESTIMATES are infrequent travelers decreases by 7.3 represents U.S. travelers’ willingness to (2005) FOR U.S. ADULT TRAVELERS percent, and the unique U.S. travelers pay (D1) for access to Mexico and [All estimates in millions] who are rare travelers decreases by 17.8 Canada. At price P1, the number of U.S. percent. The number of U.S. travelers travelers without passports currently Affected Travelers: visiting Canada who are frequent making trips to these countries is Land/ferry/pleasure boat cross- travelers decreases by 3.7 percent, the represented by Q1. As seen in the ers ...... 2.9 unique U.S. travelers who are infrequent second figure, if the government Cruise passengers ...... 0.3 travelers decreases by 10.7 percent, and requires travelers to obtain a passport or the unique U.S. travelers who are rare passport card in order to take trips to Total ...... 3.2 travelers decreases by 10.9 percent. Passports demanded: Mexico and Canada, the price of access Land/ferry/pleasure boat cross- These estimates account for the use of increases by the cost of obtaining the ers ...... 2.7 a passport card for those travelers who new document, to P2. As a result, the Cruise passengers ...... 0.3 choose to obtain one. For unique number of travelers making trips to travelers deciding to forgo future visits, these countries decreases to Q2.

All travelers in this figure experience passport or passport card is simply the Costs of the rule (expressed as losses a loss in consumer surplus; the size of cost (P2¥P1) of the passport or passport in consumer surplus) are summed by the surplus loss depends on their card. Travelers whose willingness to year of the analysis. We then add the willingness to pay for access to these pay for access to these countries is less government costs of implementing countries. The lost surplus experienced than the price of the passport or WHTI over the period of analysis. Ten- by travelers whose willingness to pay passport card will experience a loss year costs are $3.3 billion at the 3 exceeds P2 is shown in the dark gray equal to the area of the light gray percent discount rate and $2.8 billion at ¥ 1 rectangle, and is calculated as (P2 P1) triangle, calculated as ⁄2 * (Q1¥Q2) * 7 percent, as shown in Table B. * Q2. In other words, the lost consumer Annualized costs are $384 million at 3 (P2¥P1). surplus of travelers willing to buy the percent and $406 million at 7 percent.

TABLE B.—TOTAL COSTS FOR U.S. TRAVELERS OVER THE PERIOD OF ANALYSIS [2005–2014, in $Millions]

3% 7% Year Cost discount rate discount rate

2005 ...... $436 $436 $435 2006 ...... 173 168 163

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TABLE B.—TOTAL COSTS FOR U.S. TRAVELERS OVER THE PERIOD OF ANALYSIS—Continued [2005–2014, in $Millions]

3% 7% Year Cost discount rate discount rate

2007 ...... 405 381 357 2008 ...... 603 552 498 2009 ...... 476 423 368 2010 ...... 386 333 280 2011 ...... 297 249 202 2012 ...... 291 236 184 2013 ...... 276 218 163 2014 ...... 361 277 198

Total ...... $3,272 $2,848

The primary analysis for land assigning uncertainty parameters for activities they engage in while cruising. summarized here assumes a constant government costs. We know even less about how they will number of border crossers over the alter their behavior if they do, in fact, period of analysis; in the complete TABLE C.—SUMMARY OF KEY CHAR- forgo obtaining a passport. Ideally, we Regulatory Assessment, we also ACTERISTICS OF PROBABILITY DIS- could model the indirect impacts of the consider scenarios where the number of TRIBUTIONS OF TOTAL WELFARE rule with an input-output model (either border crossers both increases and LOSSES IN THE LAND ENVIRONMENT static or dynamic) that could give us a decreases over the period of analysis. It (2005–2014, IN $BILLIONS), 3 PER- reasonable estimation of the level the is worth noting that border crossings impact, the sectors affected, and CENT DISCOUNT RATE have been mostly decreasing at both the regional impacts. Unfortunately, given northern and southern borders since Statistic Value the dearth of data, the assumptions we 1999. The analysis for sea travel had to make, the small numbers of assumes a 6 percent annual increase in Trials ...... 10,000 travelers who are estimated to forgo passenger counts over the period of Mean ...... $2.1 travel, and the fact that much of their analysis as the Western Hemisphere Median ...... $2.1 travel experience occurs outside the cruise industry continues to experience Std Dev ...... $0.5 United States, using such a model growth. Variance ...... 2.8E+08 would not likely produce meaningful 5th Percentile ...... $1.4 Finally, we conduct a formal 95th Percentile ...... $3.1 results. We recognize, however, that uncertainty (Monte Carlo) analysis to Point Estimate ...... $2.2 multiple industries could be indirectly test our assumptions in the land affected by forgone cruise travel, environment. We first conducted a We then consider the secondary including (but not limited to): Cruise preliminary sensitivity analysis to impacts of forgone travel in the land and lines; cruise terminals and their support identify the variables that have the most sea environments. Forgone travel will services; air carriers and their support significant effect on consumer welfare result in gains and losses in the United services; travel agents; traveler losses. We found that the frequency of States, Canada, and Mexico. For this accommodations; dining services; retail travel (frequent, infrequent, rare), analysis, we made the simplifying shopping; tour operators; scenic and crossings at multiple ports-of-entry, assumption that if U.S. citizens forgo sightseeing transportation; hired future annual affected individuals, and travel to Canada and Mexico, their transportation (taxis, buses); and arts, the amount of time spent applying for expenditures that would have been entertainment, and recreation. documentation were the most sensitive spent outside the country now remain According to the MARAD dataset variables in the analysis. The variables here. In this case, industries receiving used for the sea analysis, there are 17 that did not appear to have an impact the diverted expenditure in the United cruise lines operating in the Western on consumer losses were the estimated States experience a gain, while the Hemisphere, 9 of which are currently number of crossings by Lawful travel and related industries in Canada offering cruises that would be indirectly Permanent Residents (LPRs) or Native and Mexico suffer a loss. Conversely, if affected by a passport requirement. Americans and estimated future timing Canadian and Mexican citizens forgo While we expect that cruise lines will with which travelers will apply for travel to the United States, their be indirectly affected by the rule, how acceptable documentation. After we potential expenditures remain abroad— they will be affected depends on their conducted our formal Monte Carlo we a loss for the travel and related itineraries, the length of their cruises, found that our most sensitive industries in the U.S., but a gain to their current capacity, and future assumptions are: the projected crossing Canada and Mexico. Please note that expansion, as well as by travelers’ growth rate, the frequency of travel, and ‘‘gains’’ and ‘‘losses’’ in this analysis decisions. We expect short cruises (1 to the number of new unique travelers that cannot readily be compared to the costs 5 nights) to be most notably affected enter the population annually. The and benefits of the rulemaking, since because the passport represents a greater results of the Monte Carlo analysis are they represent primarily transfers in and percentage of the overall trip cost, presented in Table C. Note that these out of the U.S. economy. passengers on these cruises are less estimates do not include the For cruise passengers, we have only likely to already hold a passport, and government costs of implementation, rough estimates of where U.S. travel plans for these cruises are estimated at an annualized cost of $100 passengers come from, how they travel frequently made closer to voyage time. million (3 percent discount rate, 10 to and from the ports where they Longer cruises are less likely to be years), because we have no basis for embark, where they go, and the affected because these trips are planned

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well in advance, passengers on these explore the potential impacts of forgone and subsequent years. Because Mexican voyages are more likely to already travel more quantitatively in the land crossers already possess acceptable possess a passport, and the passport cost environment. Using various studies on documentation to enter the United is a smaller fraction of the total trip cost. average spending per trip in the United States (passport or BCC), we do not Because border-crossing activity is States, Canada, and Mexico, we estimate estimate that Mexican travelers will predominantly a localized phenomenon, the net results of changes in expenditure forgo travel to the United States. The and the activities engaged in while flows in 2008 (the presumed first year summary of expenditure flows is visiting the United States are well the requirements will be implemented) presented in Table D. documented in existing studies, we can

TABLE D.—NET EXPENDITURE FLOWS IN NORTH AMERICA, 2008 AND SUBSEQUENT YEARS [$Millions]

2008: Spending by U.S. travelers who forgo travel to Mexico ...... +$440 Spending by Mexican travelers who forgo travel to the United States ...... 0 Spending by U.S. travelers who forgo travel to Canada ...... +170 Spending by Canadian travelers who forgo travel to United States ...... ¥200

Net ...... $410 Subsequent years (annual): Spending by U.S. travelers who forgo travel to Mexico ...... +$310 Spending by Mexican travelers who forgo travel to United States ...... 0 Spending by U.S. travelers who forgo travel to Canada ...... +120 Spending by Canadian travelers who forgo travel to United States ...... ¥200

Net ...... $230

To examine these impacts more given an external stimulus affecting both in terms of output and locally, we conduct eight case studies those activities. In all our case studies employment. The results of these eight using a commonly applied input-output but one, forgone border crossings case studies are presented in Table E. model (IMPLAN), which examines attributable to WHTI have a less-than-1- regional changes in economic activity percent impact on the regional economy

TABLE E.—MODELED DISTRIBUTIONAL EFFECTS IN EIGHT CASE STUDIES

Change as % of total . . . Study area (counties) State Output Employment

San Diego ...... California ...... +0.03 +0.03 Pima, Santa Cruz ...... Arizona ...... +0.03 +0.03 Hidalgo, Cameron ...... Texas ...... +0.22 +0.19 Presidio ...... Texas ...... +0.55 +0.62 Niagara, Erie ...... New York ...... ¥0.06 ¥0.12 Washington ...... Maine ...... ¥0.61 ¥1.41 Macomb, Wayne, Oakland ...... Michigan ...... ¥0.01 ¥0.01 Whatcom ...... Washington ...... ¥0.21 ¥0.53

As shown, we anticipate very small may spend it outside the region, and Finally, because the benefits of net positive changes in the southern- thus outside the model. homeland security regulations cannot border case studies because Mexican As this is one of the first readily be quantified using traditional travelers to the United States use comprehensive attempts by DHS to analytical methods, we conduct a ‘‘breakeven analysis’’ to determine what existing documentation, and their travel develop a model to estimate localized the reduction in risk would have to be is not affected. The net change in cross-border economic impacts due to a given the estimated costs of the regional output and employment is rulemaking, we explicitly seek comment implementation of WHTI (land negative (though still very small) in the on this proposed analysis. Specifically, northern-border case studies because environment only). Using the Risk we may not have captured all of the Management Solutions U.S. Terrorism Canadian travelers forgoing trips changes in local expenditures that may Risk Model (RMS model), we estimated outnumber U.S. travelers staying in the be attributable to the proposed the critical risk reduction that would United States and because Canadian rulemaking. For example, U.S. citizens have to occur in order for the costs of travelers to the United States generally purchasing documentation required for the rule to equal the benefits—or break spend more per trip than U.S. travelers travel to Canada or Mexico will not have even. to Canada. On both borders, those U.S. that money available for other The RMS model has been developed travelers that forgo travel do not consumption. Similarly, Canadian for use by the insurance industry and necessarily spend the money they travelers may spend less in the United provides a comprehensive assessment of would have spent outside the United States on travel to compensate for the the overall terrorism risk from both States in the case-study region; they costs of acquiring documentation. foreign and domestic terrorist

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organizations. The RMS model capabilities. It bases scenario The results in the figure below are for generates a probabilistic estimate of the consequences on physical modeling of the cost estimates presented above and overall terrorism risk from loss attack phenomena and casts target casualty costs based on willingness-to- estimates for dozens of types of characteristics in terms of property pay estimates and a $3 million value of potential attacks against several damage and casualties of interest to a statistical life (VSL). These results thousand potential targets of terrorism insurers. Specifically, property damages show that a decrease in perceived risk across the United States. For each attack include costs of damaged buildings, loss leads to a smaller annualized loss and mode-target pair (constituting an of building contents, and loss from a greater critical risk reduction, and an individual scenario) the model accounts business interruption associated with increase in perceived risk leads to a for the probability that a successful property to which law enforcement greater annualized loss and a smaller attack will occur and the consequences prohibits entry immediately following a critical risk reduction. The total range in of the attack. RMS derives attack terrorist attack. RMS classifies casualties critical risk reduction is a factor of four probabilities from a semi-annual based on injury-severity categories used and ranges from 6.6 to 26 percent, with structured expert elicitation process by the worker compensation insurance a critical risk reduction of 13 percent focusing on terrorists’ intentions and industry. required for the standard risk scenario.

The critical risk reduction for all risk risk, quality-of-life, VSL $6 million) to critical risk reduction estimates levels considered and multiple injury 35 percent (low risk, cost-of-injury, no presented in Table F would not change and fatality estimates are presented in VSL). Note that because the annualized appreciably at the 7 percent rate. Table F. As shown, critical risk costs of the rulemaking are very similar reduction ranges from 3.5 percent (high at the 7 percent discount rate, the

TABLE F.—CRITICAL RISK REDUCTION FOR THE PROPOSED RULE [Standard risk scenario, 3 percent discount rate]

Critical risk reduction (%) Low Standard High

Cost of injury (fatality = $1.1m) ...... 35 17 8.7 Willingness to pay (VSL = $3m) ...... 26 13 6.6 Quality of life (VSL = $3m) ...... 22 11 5.6 Willingness to pay (VSL = $6m) ...... 18 8 .8 4.4 Quality of life (VSL = $6m) ...... 14 6.9 3.5

In addition to the methodology used factors affect the critical risk reduction uncertainty in the risk estimate to value casualties, several other key estimate. These factors include: The produced by the RMS model; the

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potential for other types of baseline 2. Require all U.S. travelers (including age of 16 pose a low security threat in losses not captured in the RMS model; children) to present a valid passport the land and sea environments and will and the size of other non-quantified book, passport card, CBP trusted be permitted to present a certified copy direct and ancillary benefits of the rule. traveler document, MMD, or a specified of a birth certificate when arriving in the The RMS model likely underestimates document from a DHS-approved WHTI United States at all land and sea ports- total baseline terrorism loss because it pilot program upon return to the United of-entry from within the Western only reflects the direct, insurable costs States from countries in the Western Hemisphere. Additionally, DHS and of terrorism. It does not include any Hemisphere. CBP have developed an alternative indirect losses that would result from Calculations of costs for the procedure for children traveling in continued change in consumption alternatives can be found in the two groups. DHS and DOS have also patterns or preferences or that would Regulatory Assessments for the NPRM. determined that exempting certain cruise passengers from a passport result from propagating consequences of Alternative 1: Require All U.S. Travelers requirement is the best approach to interdependent infrastructure systems. (Including Children) to Present a Valid balance security and travel efficiency For example, the RMS model does not Passport Book capture the economic disruption of a considerations in the cruise ship terrorism event beyond the immediate This alternative would require all U.S. environment. insured losses. Furthermore, the model citizens, including minors under 16 and all cruise passengers, to present a valid Alternative 2: Require All U.S. also excludes non-worker casualty Ttravelers (Including All Cchildren) to losses and losses associated with passport book. The passport card, CBP trusted traveler documents, the MMD, Present a Valid Passport Book, Passport government buildings and employees. Card, or Other Approved Document Finally, the model may not capture less- and documents from DHS-approved tangible components of losses that the pilot programs would not be accepted. The second alternative is similar to public wishes to avoid, such as the fear This would be a more stringent the proposed rule, though it includes and anxiety associated with alternative, and it was rejected as children and does not exempt cruise experiencing a terrorist attack. Omission potentially too costly and burdensome passengers. It is again more stringent of these losses will cause us to overstate for low-risk populations of travelers. than the proposed rule. While this the necessary risk reductions. While the traditional passport book will alternative incorporates the low-cost always be an acceptable document for a passport card and CBP trusted traveler Alternatives to the Proposed Rule U.S. citizen to present upon entry to the cards as acceptable travel documents, United States, DHS and DOS believe this alternative was ultimately rejected CBP considered the following that the cost of a traditional passport as potentially too costly and alternatives to the NPRM— book may be too burdensome for some burdensome for low-risk populations of 1. Require all U.S. travelers (including U.S. citizens, particularly those living in travelers (certain cruise passengers and children) to present a valid passport border communities where land-border minors under 16). book upon return to the United States crossings are an integral part of Table G presents a comparison of the from countries in the Western everyday life. As stated previously, DHS costs of the proposed rule and the Hemisphere. and DOS believe that children under the alternatives considered.

TABLE G.—COMPARISON OF REGULATORY ALTERNATIVES [In $Millions]

Cost Alternative 10-year cost compared to Reason rejected (7%) proposed rule

Proposed rule ...... $2,848 n/a 1. Passport book only for all U.S. travelers ...... 5,254 +$2,406 Cost of a passport considered too high for citizens in border communities; low-risk traveling populations (certain cruise passengers, children under 16) un- duly burdened. 2. Passport book, passport card, and other des- 5,448 +2,600 Low-risk traveling populations (certain cruise pas- ignated documents for all U.S. travelers. sengers, children under 16) unduly burdened.

It is important to note that for more over 10 years than alternatives not only to enhance security efforts for scenarios where the passport card is allowing only the passport, which can international land and sea travel acceptable (the proposed rule and be processed with existing readers that between the U.S. and Canada, Mexico, Alternative 2), the estimates include scan the passport’s MRZ. Providing the Caribbean, or Bermuda, but is also government implementation costs for waivers for minors and most cruise intended to assist DHS in expediting the CBP to install the appropriate passengers results in notable cost movement of legitimate travel within technology at land ports-of-entry to read savings over 10 years (about $2.5 billion the Western Hemisphere. RFID-enabled passport cards and the depending on the documents In particular, the land border presents next generation of CBP trusted traveler considered). complex operational challenges, in that documents. These technology The passport card is designed a tremendous amount of traffic must be deployment costs are estimated to be specifically to address the needs and processed in a short amount of time. substantial, particularly in the early travel patterns of those who live in land- There are often several passengers in a phases of implementation. As a result, border communities and frequently vehicle, and multiple vehicles arriving the alternatives allowing more cross the border in their day-to-day at one time at each land border port-of- documents than just the passport cost activities. The passport card is intended entry. Many of the people encountered

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crossing at the land border ports-of- DOS and DHS believe that the most interoperability with the DHS border entry are frequent crossers. However, promising technology is RF technology. management system, and to secure CBP does not receive advance This technology utilizes a passive chip significant travel facilitation advantages, information on these land border deriving its power from the reader that DOS proposed to produce the passport travelers. For these reasons, the communicates with it. We focused on card utilizing RF vicinity read Department of State, in consultation RF vicinity read (GEN 2) technology. technology (see 71 FR 60928 for DOS’s with DHS, agreed to develop a RF vicinity read technology conforms proposed rule, which contains a more technology-based solution. to International Standards Organization detailed discussion of the advantages The data printed on the face of the (ISO) 18000 6–C specifications. Vicinity and disadvantages of different passport card will be the same as that read technology would allow the technology choices). The selection of currently shown on the data page of the passport card data to be read at a vicinity read technology for the passport U.S. passport—bearer’s facial image, full distance of up to 20 feet from the reader. card was made in an effort to ensure a name, date and place of birth, passport The vicinity read chip would contain seamless operational environment with card number, dates of validity and only a unique reference number that DHS, and provide the infrastructure issuing authority. The reverse side of will serve as a link to information support to strengthen our national the passport card will carry a machine- safeguarded in a secure database security at U.S. land borders. DOS readable zone (MRZ) and notation that managed by CBP. In addition to having proposed to produce the card and the card is valid only for international commercial applications, vicinity-read deliver them with a thin protective land and sea travel between the U.S. technology is currently being used in a sleeve, designed to protect the card from and Canada, Mexico, the Caribbean, or number of DHS programs. unauthorized access. The card could be Bermuda. In addition, each passport Operationally, it has similarities to CBP stored in the sleeve and removed only card will utilize Radio Frequency (RF) land border international trusted when needed. technology to store and transmit only a traveler programs, and DHS’s pilot In addition to the State Department’s unique reference number that will serve electronic I–94 program currently in proposed rule referenced above, please as a link to information safeguarded in place at several land border crossings in see the DHS Land border analysis a secure database managed by CBP. This that it will only store and transmit a document for a more detailed reference number will be assigned by unique reference number and no discussion of both the deployment and Department of State at the time the personal or biographic information. other costs of the proposed form of the passport card is issued and no personal Vicinity read technology is similar to passport card, and the advantages to the or biographic information will be stored that used in highway toll systems border management system provided by or transmitted using Radio Frequency throughout the U.S. From an operational the RF vicinity read technology. (RF) technology. Presenting the passport sense, this technology would allow Accounting Statement card will allow the linked information passengers approaching a land crossing to be retrieved from the secure DHS in vehicles to present the passport card As required by OMB Circular A–4, database to allow the CBP officer to to the reader easily from within the CBP has prepared an accounting compare the citizen presenting him or vehicle and these readers could process statement showing the classification of herself for entry into the United States information from up to eight cards at the expenditures associated with this with the original issuance record to one time. In addition, the use of vicinity rule. The table below provides an ensure that it is the same person. This technology would provide information estimate of the dollar amount of these database could include additional to border security personnel further in costs and benefits, expressed in 2005 information, for example, information advance of a traveler’s arrival at an dollars, at 7 percent and 3 percent about the bearer’s membership in one of inspection booth, facilitate a faster discount rates. We estimate that the cost CBP’s trusted traveler programs processing of individuals, and provide of this rule will be approximately $406 (NEXUS, SENTRI, or FAST). more opportunities to leverage existing million annualized (7 percent discount After reviewing a number of options technologies. rate) and approximately $384 million to provide the CBP officer with DHS selected RF vicinity read annualized (3 percent discount rate). appropriate personal information to technology for its border management Non-quantified benefits are enhanced facilitate the processing of travelers, system. To ensure compatibility and security and efficiency.

ACCOUNTING STATEMENT: CLASSIFICATION OF EXPENDITURES, 2005—2014 [2005 dollars]

3% Discount rate 7% Discount rate

Costs: Annualized monetized costs ...... $384 million ...... $406 million. Annualized quantified, but un-monetized None ...... None. costs. Qualitative (un-quantified) costs ...... Indirect costs to the travel and tourism indus- Indirect costs to the travel and tourism indus- try. try. Benefits: Annualized monetized benefits ...... None quantified ...... None quantified. Annualized, quantified, but un-monetized None quantified ...... None quantified. benefits. Qualitative (un-quantified) benefits ...... Enhanced security and efficiency ...... Enhanced security and efficiency.

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B. Regulatory Flexibility Act Small businesses may be indirectly or on the distribution of power and affected by the proposed rule if responsibilities among the various CBP has prepared this section to international travelers forego travel to levels of government.’’ DHS and DOS examine the impacts of the proposed affected Western Hemisphere countries. have analyzed the proposed rule in rule on small entities as required by the 76 These industry sectors may include (but accordance with the principles and Regulatory Flexibility Act (RFA). A are not limited to): criteria in the Executive Order and have small entity may be a small business determined that it does not have (defined as any independently owned —Manufacturing —Wholesale trade federalism implications or a substantial and operated business not dominant in direct effect on the States. The proposed its field that qualifies as a small —Retail trade —Transportation (including water, air, rule requires U.S. citizens and business per the Small Business Act); a nonimmigrant aliens from Canada, small not-for-profit organization; or a truck, bus, and rail) —Real estate Bermuda and Mexico entering the small governmental jurisdiction United States by land or by sea from (locality with fewer than 50,000 people). —Arts, entertainment, and recreation —Accommodation and food services Western Hemisphere countries to When considering the impacts on present a valid passport or other Because this rule does not directly small entities for the purpose of identified alternative document. States regulate small entities, we do not complying with the RFA, CBP consulted do not conduct activities with which believe that this rule has a significant the Small Business Administration’s this rule would interfere. For these economic impact on a substantial guidance document for conducting reasons, this proposed rule would not number of small entities. The exception regulatory flexibility analysis.77 Per this have sufficient federalism implications could be certain ‘‘sole proprietors’’ who guidance, a regulatory flexibility to warrant the preparation of a could be considered small businesses analysis is required when an agency federalism summary impact statement. determines that the rule will have a and could be directly affected by the significant economic impact on a rule if their occupations required travel D. Unfunded Mandates Reform Act substantial number of small entities that within the Western Hemisphere where a Assessment are subject to the requirements of the passport was not previously required. Title II of the Unfunded Mandates rule.78 This guidance document also The cost to such businesses would be Reform Act of 1995 (UMRA), enacted as includes a good discussion describing only $128 for a first-time passport Public Law 104–4 on March 22, 1995, how direct and indirect costs of a applicant, or $195 if expedited service requires each Federal agency, to the regulation are considered differently for were requested, and would only be extent permitted by law, to prepare a the purposes of the RFA. CBP does not incurred if the individual needed a written assessment of the effects of any believe that small entities are subject to passport. We believe such an expense Federal mandate in a proposed or final the requirements of the proposed rule; would not rise to the level of being a agency rule that may result in the individuals are subject to the ‘‘significant economic impact.’’ We expenditure by State, local, and tribal requirements, and individuals are not welcome comments on our governments, in the aggregate, or by the considered small entities. To wit, ‘‘The assumptions. The most helpful private sector, of $100 million or more courts have held that the RFA requires comments are those that can provide (adjusted annually for inflation) in any an agency to perform a regulatory specific information or examples of a one year. Section 204(a) of the UMRA, flexibility analysis of small entity direct impact on small entities. If we do 2 U.S.C. 1534(a), requires the Federal impacts only when a rule directly not receive comments that demonstrate agency to develop an effective process regulates them.’’ 79 that the rule causes small entities to to permit timely input by elected incur direct costs, we may certify that As described in the Regulatory officers (or their designees) of State, this action does not have a significant Assessment for this rulemaking, CBP local, and tribal governments on a economic impact on a substantial proposed ‘‘significant intergovernmental could not quantify the indirect impacts number of small entities during the final mandate.’’ A ‘‘significant of the proposed rule with any degree of rule. intergovernmental mandate’’ under the certainty; it instead focused the analysis The complete analysis of impacts to UMRA is any provision in a Federal on the direct costs to individuals small entities for this proposed agency regulation that will impose an recognizing that some small entities will rulemaking is available on the CBP Web enforceable duty upon State, local, and face indirect impacts. site at: http://www.regulations.gov; see tribal governments, in the aggregate, of Some of the small entities indirectly also http://www.cbp.gov. Comments $100 million (adjusted annually for affected will be foreign owned and will regarding the analysis and the inflation) in any one year. Section 203 be located outside the United States. underlying assumptions are encouraged of the UMRA, 2 U.S.C. 1533, which Additionally, reductions in and may be submitted by any of the supplements section 204(a), provides international travel that result from the methods described under the ADDRESSES that before establishing any regulatory proposed rule could lead to gains for section of this document. requirements that might significantly or domestic industries. Most travelers are uniquely affect small governments, the C. Executive Order 13132: Federalism expected to eventually obtain passports agency shall have developed a plan that, and continue traveling. Consequently, Executive Order 13132 requires DHS among other things, provides for notice indirect effects are expected to be and DOS to develop a process to ensure to potentially affected small spread over wide swaths of domestic ‘‘meaningful and timely input by State governments, if any, and for a and foreign economies. and local officials in the development of meaningful and timely opportunity to regulatory policies that have federalism provide input in the development of 76 See 5 U.S.C. 601–612. implications.’’ Policies that have regulatory proposals. 77 See Small Business Administration, Office of federalism implications are defined in This proposal would not impose a Advocacy, A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act, May the Executive Order to include rules significant cost or uniquely affect small 2003. that have ‘‘substantial direct effects on governments. The proposal does have 78 See id. at 69. the States, on the relationship between an effect on the private sector of $100 79 See id. at 20. the national government and the States, million or more in any one year. This

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impact is discussed under the Executive passports requires the determination of Comments are invited on: (a) Whether Order 12866 discussion. identity and nationality with reference the collection is necessary for the proper to the provisions of Title III of the performance of the functions of the E. National Environmental Policy Act of Immigration and Nationality Act (8 agency, including whether the 1969 U.S.C. sections 1401–1504), the information will have practical utility; DHS and CBP, in consultation with Fourteenth Amendment to the (b) the accuracy of the agency’s estimate DOS, the Environmental Protection Constitution of the United States, and of the burden of the collection of the Agency and the General Services other applicable treaties and laws. The information; (c) ways to enhance the Administration have been reviewing the primary purpose for soliciting the quality, utility, and clarity of the potential environmental and other information is to establish nationality, information to be collected; (d) ways to impacts of this proposed rule in identity, and entitlement to the issuance minimize the burden of the collection of accordance with the National of a United States passport or related information on respondents, including Environmental Policy Act (NEPA) of service and to properly administer and through the use of automated collection 1969 (42 U.S.C. 4321 et seq.), the enforce the laws pertaining to issuance techniques or other forms of information regulations of the Council on thereof. technology; and (e) estimates of capital Environmental Quality (40 CFR part There are currently two OMB- or startup costs and costs of operations, 1500), and DHS Management Directive approved application forms for maintenance, and purchases of services 5100.1, Environmental Planning passports, the DS–11 Application for a to provide information. U.S. Passport (OMB Approval No. 1405– Program of April 19, 2006. A 2. Groups of Children programmatic environmental 0004) and the DS–82 Application for a assessment (PEA) is being prepared that U.S. Passport by Mail. Applicants for The collection of information examines, among other things, potential the proposed passport cards would use requirements for groups of children alternatives regarding implementation the same application forms (DS–11 and would be contained in 8 CFR 212.1 and of the proposed rule at the various land DS–82). First time applicants must use 235.1. The required information is and sea ports of entry and what, if any, the DS–11. The rule would not create necessary to comply with section 7209 environmental impacts may result from any new collection of information of IRTPA, as amended, to develop an the proposed rule and its requiring OMB approval under the alternative procedure for groups of implementation. The PEA will serve as Paperwork Reduction Act of 1995 (44 children traveling across an the basis for the determination whether U.S.C. 3507). It would result in an international border under adult the proposed rule and its increase in the number of persons filing supervision with parental consent. DHS, implementation will have a significant the DS–11, and a corresponding in consultation with DOS, has impact on the quality of the human increase in the annual reporting and/or developed alternate procedures environment such that it will require record-keeping burden. In conjunction requiring that certain information be further analysis under NEPA. with publication of the final rule, DOS provided to CBP so that these children A Notice of Availability will be will amend the OMB form 83–I would not be required to present a published in the Federal Register, and (Paperwork Reduction Act Submission) passport. Consequently, U.S. and the PEA will be available for viewing relating to the DS–11 to reflect these Canadian citizen children through age and comments on http:// increases. 18, who are traveling with public or www.regulations.gov. The Notice of The collection of information private school groups, religious groups, Availability will also be published in encompassed within this rule has been social or cultural organizations, or teams newspapers, and copies placed in submitted to the OMB for review in associated with youth sport public libraries, in certain border areas. accordance with the Paperwork organizations that arrive at U.S. sea or Additionally, copies of the PEA will be Reduction Act of 1995 (44 U.S.C. 3507). land ports-of-entry, would be permitted posted on the CBP Web site at http:// An agency may not conduct, and a to present a certified copy of a birth www.cbp.gov. The Notice of Availability person is not required to respond to, a certificate (rather than a passport), when the groups are under the supervision of will provide details on how the public collection of information unless the an adult affiliated with the organization may provide comments on the PEA. In collection of information displays a and when all the children have parental addition, copies may be obtained by valid control number assigned by OMB. or legal guardian consent to travel. U.S. writing to: U.S. Customs and Border Estimated annual average reporting citizen children would also be Protection, 1300 Pennsylvania Avenue, and/or recordkeeping burden: 14.7 permitted to present a certification of NW., Room 5.4C, Attn: WHTI million hours. Naturalization or a Consular Report of Environmental Assessment, Estimated annual average number of Birth Abroad. Washington, DC 20229. respondents: 9 million. Estimated average burden per When crossing the border at the port- F. Paperwork Reduction Act respondent: 1 hour 25 minutes. of-entry, the U.S. group, organization, or Estimated frequency of responses: team would be required to provide to 1. Passports/Passport Cards every 10 years (adult passport and CBP on organizational letterhead the The collection of information passport card applications); every 5 following information: (1) The name of requirement for passports is contained years (minor passport and passport card the group; (2) the name of each child on in 22 CFR 51.20 and 51.21. The required applications). the trip; (3) the primary address, information is necessary for DOS Comments on this collection of primary phone number, date of birth, Passport Services to issue a United information should be sent to the Office place of birth, and name of at least one States passport in the exercise of of Management and Budget, Attention: parent or legal guardian for each child authorities granted to the Secretary of Desk Officer of the Department of State, on the trip; (4) the name of the State in 22 U.S.C. Section 211a et seq. Office of Information and Regulatory chaperone or supervising adult; and (5) and Executive Order 11295 (August 5, Affairs, Washington, DC 20503. the signature of the supervising adult 1966) for the issuance of passports to Comments should be submitted within certifying that he or she has obtained United States citizens and non-citizen the time frame that comments are due parental or legal guardian consent for nationals. The issuance of U.S. regarding the substance of the proposal. each child.

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The primary purpose for soliciting the proposed rule in the Federal Register. Title 8—Aliens and Nationality information is to allow groups of The changes proposed in this rule children arriving at the U.S. border involve the removal of an exception for PART 212—DOCUMENTARY under adult supervision with parental U.S. citizens from having to present a REQUIREMENTS; NONIMMIGRANTS; consent to present either an original or passport in connection with Western WAIVERS; ADMISSION OF CERTAIN a certified copy of a birth certificate, Hemisphere travel other than Cuba, INADMISSIBLE ALIENS; PAROLE Consular Report of Birth Abroad, or such that said individuals would now 1. The authority citation for part 212 Certificate of Naturalization, rather than be required to present a passport or is revised to read as follows: a passport, when the requested other identified alternative document information is provided to CBP. This Authority: 8 U.S.C. 1101 and note, 1102, when traveling from points of origin 1103, 1182 and note, 1184, 1187, 1223, 1225, information is necessary for CBP to both within and without of the Western verify that the group of children 1226, 1227, 1359; 8 U.S.C. 1185 note (section Hemisphere. The rule expands the 7209 of Pub. L. 108–458, as amended by entering the United States would be number of individuals submitting section 546 of Pub. L. 109–295). eligible for this alternative procedure so that the children would not be required passport information for travel within 2. A new section 212.0 is added to to present a passport. the Western Hemisphere, but does not read as follows: involve the collection of any new data The collection of information § 212.0 Definitions. encompassed within this proposed rule elements. Presently, CBP collects and has been submitted to the OMB for stores passport information from all For purposes of § 212.1 and § 235.1 of review in accordance with the travelers, required to provide such this chapter: Paperwork Reduction Act of 1995 (44 information pursuant to the Aviation Adjacent islands means Bermuda and U.S.C. 3507). An agency may not and Transportation Security Act of 2001 the islands located in the Caribbean Sea, conduct, and a person is not required to (ATSA) and the Enhanced Border except Cuba. respond to, a collection of information Security and Visa Reform Act of 2002 Cruise ship means a passenger vessel unless the collection of information (EBSA), in the Treasury Enforcement over 100 gross tons, carrying more than 12 passengers for hire, making a voyage displays a valid control number Communications System (TECS) (for lasting more than 24 hours any part of assigned by OMB. which a System of Records Notice is which is on the high seas, and for which Estimated annual reporting and/or published at 66 FR 53029). By removing passengers are embarked or recordkeeping burden: 1,625 hours. the exception for submitting passport Estimated average annual respondent disembarked in the United States or its information from U.S. citizens traveling territories. or recordkeeping burden: 15 minutes. within the Western Hemisphere, DOS Estimated number of respondents Ferry means any vessel operating on and/or recordkeepers: 6,500 and CBP are requiring these individuals a pre-determined fixed schedule and respondents. to comply with the general requirement route, which is being used solely to Estimated annual frequency of to submit passport information when provide transportation between places responses: 6,500 responses. traveling to and from the United States. that are no more than 300 miles apart Comments on this collection of List of Subjects and which is being used to transport information should be sent to the Office passengers, vehicles, and/or railroad of Management and Budget, Attention: 8 CFR Part 212 cars; Desk Officer of the Department of Pleasure vessel means a vessel that is Homeland Security, Office of Administrative practice and used exclusively for recreational or Information and Regulatory Affairs, procedure, Aliens, Immigration, personal purposes and not to transport Washington, DC 20503. Comments Passports and visas, Reporting and passengers or property for hire; and should be submitted within the time recordkeeping requirements. United States means ‘‘United States’’ frame that comments are due regarding 8 CFR Part 235 as defined in section 215(c) of the the substance of the proposal. Immigration and Nationality Act of Comments are invited on: (a) Whether Administrative practice and 1952, as amended (8 U.S.C. 1185(c)). the collection is necessary for the proper procedure, Aliens, Immigration, 3. Section 212.1 is amended by: performance of the functions of the Reporting and recordkeeping a. Revising paragraphs (a)(1) and agency, including whether the requirements. (a)(2); and information will have practical utility; b. Revising paragraph (c)(1). (b) the accuracy of the agency’s estimate 22 CFR Part 41 The revisions read as follows: of the burden of the collection of the information; (c) ways to enhance the Aliens, Nonimmigrants, Passports and § 212.1 Documentary requirements for quality, utility, and clarity of the visas. nonimmigrants. * * * * * information to be collected; (d) ways to 22 CFR Part 53 minimize the burden of the collection of (a) Citizens of Canada or Bermuda, information on respondents, including Passports and visas, Travel Bahamian nationals or British subjects through the use of automated collection restrictions. resident in certain islands—(1) techniques or other forms of information Canadian citizens. A visa is generally technology; and (e) estimates of capital Proposed Amendments to the not required for Canadian citizens, or startup costs and costs of operations, Regulations except those Canadians that fall under nonimmigrant visa categories E, K, S or maintenance, and purchases of services For the reasons stated above, DHS and to provide information. V as provided in paragraphs (h), (l), and DOS propose to amend 8 CFR parts 212 (m) of this section and 22 CFR 41.2. A G. Privacy Statement and 235 and 22 CFR parts 41 and 53 as valid unexpired passport is required for A Privacy Impact Assessment (PIA) is set forth below. Canadian citizens arriving in the United being posted to the DHS Web site in States, except when meeting one of the conjunction with the publication of this following requirements:

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(i) NEXUS Program. A Canadian who is age 19 or older. The following PART 235—INSPECTION OF PERSONS citizen who is traveling as a participant requirements will apply: APPLYING FOR ADMISSION in the NEXUS program may present a (1) The group, organization, or team valid unexpired NEXUS program card 4. The authority citation for part 235 must provide to CBP upon crossing the is revised to read as follows: when using a NEXUS Air kiosk or when border, on organizational letterhead: entering the United States from Authority: 8 U.S.C. 1101 and note, 1103, (i) The name of the group, contiguous territory or adjacent islands 1183, 1185 (pursuant to E.O. 13323, organization or team, and the name of at a sea or land port-of-entry, and who published January 2, 2004), 1201, 1224, 1225, the supervising adult; is not otherwise required to present a 1226, 1228, 1365a note, 1379, 1731–32; 8 passport and visa as provided in (ii) A trip itinerary, including the U.S.C. 1185 note (section 7209 of Pub. L. stated purpose of the trip, the location 108–458, as amended by section 546 of Pub. paragraphs (h), (l), and (m) of this L. 109–295). section and 22 CFR 41.2. A Canadian of the destination, and the length of citizen who enters the United States by stay; 5. Section 235.1 is amended by: pleasure vessel from Canada under the (iii) A list of the children on the trip; a. Revising paragraph (b); and remote inspection system may present a b. Revising paragraph (d). (iv) For each child, the primary The revised text reads as follows: valid unexpired NEXUS program card. address, primary phone number, date of (ii) FAST Program. A Canadian birth, place of birth, and name of a § 235.1 Scope of Examination. citizen who is traveling as a participant parent or legal guardian. * * * * * in the FAST program, and who is not (2) The adult leading the group, (b) U.S. Citizens. A person claiming otherwise required to present a passport organization, or team must demonstrate United States citizenship must establish and visa as provided in paragraphs (h), parental or legal guardian consent by that fact to the examining officer’s (l), and (m) of this section and 22 CFR certifying in the writing submitted in satisfaction and must present a passport 41.2, may present a valid unexpired paragraph (a)(1)(iv)(B)(1) of this section or alternative documentation as FAST card at a sea or land port-of-entry that he or she has obtained for each required by 22 CFR part 53. If such prior to entering the United States from child the consent of at least one parent applicant for admission fails to satisfy contiguous territory or adjacent islands. or legal guardian. the examining immigration officer that (iii) SENTRI Program. A Canadian (3) The inspection procedure he or she is a citizen, he or she shall citizen who is traveling as a participant thereafter be inspected as an alien. A in the SENTRI program, and who is not described in this paragraph is limited to members of the group, organization, or United States citizen must present a otherwise required to present a passport valid unexpired traditional passport and visa as provided in paragraphs (h), team who are under age 19. Other members of the group, organization, or upon entering the United States, unless (l), and (m) of this section and 22 CFR he or she presents one of the following 41.2, may present a valid unexpired team must comply with other applicable document and/or inspection documents: SENTRI card at a sea or land port-of- (1) Passport Card. A United States requirements found in this part or parts entry prior to entering the United States citizen who possesses a valid unexpired 211 or 235 of this subchapter. from contiguous territory or adjacent United States passport card, as defined islands. (2) Citizens of the British Overseas in 22 CFR 53.1, may present the (iv) Children. A child who is a Territory of Bermuda. A visa is passport card when entering the United Canadian citizen arriving from generally not required for Citizens of the States from Canada, Mexico, the contiguous territory may present for British Overseas Territory of Bermuda, Caribbean or Bermuda at sea or land admission to the United States at sea or except those Bermudians that fall under ports-of-entry. land ports-of-entry certain other nonimmigrant visa categories E, K, S or (2) Merchant Mariner Document. A documents if the arrival meets the V as provided in paragraphs (h), (l), and United States citizen who holds a requirements described below. (m) of this section and 22 CFR 41.2. A Merchant Mariner Document (MMD) (A) Children Under Age 16. A passport is required for Citizens of the issued by the U.S. Coast Guard may Canadian citizen who is under the age British Overseas Territory of Bermuda present an unexpired MMD used in of 16 is permitted to present an original arriving in the United States. conjunction with official maritime or certified copy of his or her birth * * * * * business when entering the United certificate when arriving in the United (c) Mexican nationals. (1) A visa and States. States from contiguous territory at sea or a passport are not required of a Mexican (3) Military Identification. Any U.S. land ports-of-entry. national who: citizen member of the U.S. Armed (B) Groups of Children Under Age 19. Forces who is in the uniform of, or bears (i) Is applying for admission as a A Canadian citizen, under age 19 who documents identifying him or her as a temporary visitor for business or is traveling with a public or private member of, such Armed Forces, and pleasure from Mexico at a land port-of- school group, religious group, social or who is coming to or departing from the entry, or arriving by pleasure vessel or cultural organization, or team associated United States under official orders or ferry, if the national is in possession of with a youth sport organization is permit of such Armed Forces, may a Form DSP–150, B–1/B–2 Visa and permitted to present an original or present a military identification card Border Crossing Card, containing a certified copy of his or her birth and the official orders when entering machine-readable biometric identifier, certificate when arriving in the United the United States. issued by the Department of State. States from contiguous territory at sea or (4) Trusted Traveler Programs. A land ports-of-entry, when the group, (ii) Is applying for admission from United States citizen who travels as a organization or team is under the contiguous territory or adjacent islands participant in the NEXUS, FAST or supervision of an adult affiliated with at a sea or land port-of-entry, if the SENTRI programs may present a valid the organization and when the child has national is a member of the Texas Band NEXUS program card when using a parental or legal guardian consent to of Kickapoo who is in possession of a NEXUS Air kiosk or a valid NEXUS, travel. For purposes of this paragraph, Form I–872 American Indian Card. FAST, or SENTRI card at a sea or land an adult is considered to be a person * * * * * port-of-entry prior to entering the

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United States from contiguous territory with the group, organization, or team on the Customs and Border Protection or adjacent islands. A United States and when the child has parental or legal Web site. citizen who enters the United States by guardian consent to travel. For purposes * * * * * pleasure vessel from Canada using the of this paragraph, an adult is considered remote inspection system may present a to be a person age 19 or older. The Title 22—Foreign Relations NEXUS program card. following requirements will apply: PART 41—VISAS: DOCUMENTATION (5) Certain Cruise Ship Passengers. A (A) The group or organization must United States citizen traveling entirely OF NONIMMIGRANTS UNDER THE provide to CBP upon crossing the IMMIGRATION AND NATIONALITY ACT within the Western Hemisphere is border, on organizational letterhead: permitted to present a government- (1) The name of the group, 1. The authority citation for part 41 is issued photo identification document in organization or team, and the name of revised to read as follows: combination with either an original or a the supervising adult; certified copy of his or her birth Authority: 8 U.S.C. 1104; Pub. L. 105–277, 112 Stat. 2681–795 through 2681–801; 8 certificate, a Consular Report of Birth (2) A list of the children on the trip; (3) For each child, the primary U.S.C. 1185 note (section 7209 of Pub. L. Abroad issued by the Department of 108–458, as amended by section 546 of Pub. State, or a Certificate of Naturalization address, primary phone number, date of L. 109–295). issued by U.S. Citizenship and birth, place of birth, and name of a Immigration Services before entering the parent or legal guardian. Subpart A—Passport and Visas Not United States when the United States (B) The adult leading the group, Required for Certain Nonimmigrants citizen: organization, or team must demonstrate (i) Boards a cruise ship at a port or parental or legal guardian consent by 2. A new section 41.0 is added to read place within the United States; and, certifying in the writing submitted in as follows: (ii) Returns on the same cruise ship to paragraph (b)(7)(ii)(A) of this section § 41.0 Definitions. the same United States port or place that he or she has obtained for each from where he or she originally For purposes of this chapter: child the consent of at least one parent Adjacent islands means Bermuda and departed. or legal guardian. (6) Native American Holders of an the islands located in the Caribbean Sea, (C) The inspection procedure except Cuba. American Indian Card. A Native described in this paragraph is limited to American holder of a Form I–872 Cruise ship means a passenger vessel members of the group, organization, or over 100 gross tons, carrying more than American Indian Card arriving from team who are under age 19. Other contiguous territory is permitted to 12 passengers for hire, making a voyage members of the group, organization, or lasting more than 24 hours any part of present the Form I–872 card prior to team must comply with other applicable entering the United States at a land or which is on the high seas, and for which document and/or inspection passengers are embarked or sea port-of-entry. requirements found in this part. (7) Children. A child who is a United disembarked in the United States or its States citizen entering the United States * * * * * territories. from contiguous territory at a sea or (d) Pilot Programs; alternate Ferry means any vessel operating on land ports-of-entry may present certain requirements. For purposes of a pre-determined fixed schedule and other documents, if the arrival meets the conducting a test program or procedure route, which is being used solely to applicable requirements described designed to evaluate the effectiveness of provide transportation between places below. technology or operational procedures that are no more than 300 miles apart (i) Children Under Age 16. A United regarding the suitability of travel and which is being used to transport States citizen who is under the age of 16 documents that denote citizenship and passengers, vehicles, and/or railroad is permitted to present either an original identity, the Secretary of Homeland cars; or a certified copy of his or her birth Security may enter into a voluntary Pleasure vessel means a vessel that is certificate, a Consular Report of Birth pilot program agreement with a State, used exclusively for recreational or Abroad issued by the Department of tribe, province, territory, or foreign personal purposes and not to transport State, or a Certificate of Naturalization government. The Secretary of Homeland passengers or property for hire; and issued by U.S. Citizenship and Security may, by publication of a notice United States means ‘‘United States’’ Immigration Services when entering the in the Federal Register, designate as an as defined in section 215(c) of the United States from contiguous territory acceptable document for travel into the Immigration and Nationality Act of at sea or land ports-of-entry. United States from elsewhere in the 1952, as amended (8 U.S.C. 1185(c)). (ii) Groups of Children Under Age 19. Western Hemisphere, on a temporary § 41.1 [Amended] A United States citizen, who is under basis, a valid and lawfully obtained age 19 and is traveling with a public or document from a State, tribe, province, 3. Section 41.1 is amended by private school group, religious group, territory, or foreign government removing and reserving paragraph (b). social or cultural organization or team developed in accordance with a 4. Section 41.2 is amended by revising associated with a youth sport voluntary pilot program agreement the introductory text and paragraphs (a), organization is permitted to present between that entity and the Department (b), and (g)(1), and adding a paragraph either an original or a certified copy of of Homeland Security. If a pilot program (g)(5) to read as follows: his or her birth certificate, a Consular document is announced in such a § 41.2 Exemption or Waiver by Secretary Report of Birth Abroad issued by the notice, United States citizens or foreign of State and Secretary of Homeland Department of State, or a Certificate of nationals may present these accepted Security of passport and/or visa Naturalization issued by U.S. pilot program documents in lieu of a requirements for certain categories of Citizenship and Immigration Services passport upon entering or seeking nonimmigrants. when arriving from contiguous territory admission to the United States Pursuant to the authority of the at sea or land ports-of-entry, when the according to the terms announced in the Secretary of State and the Secretary of group, organization, or team is under pilot program agreements. A list of such Homeland Security under INA as the supervision of an adult affiliated programs and documents are available amended a passport and/or visa is not

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required for the following categories of private school group, religious group, pilot program document may be nonimmigrants: social or cultural organization, or team presented for remote entry. (a) Canadian citizens. A visa is not associated with a youth sport * * * * * required for an American Indian born in organization may present an original or (b) Citizens of the British Overseas Canada having at least 50 percentum of certified copy of his or her birth Territory of Bermuda. A visa is not blood of the American Indian race. A certificate when applying for admission required, except for Citizens of the visa is not required for other Canadian to the United States from contiguous British Overseas Territory of Bermuda citizens except for those who apply for territory at all sea and land ports-of- who apply for admission in E, K, V, or admission in E, K, V, or S nonimmigrant entry, when the group, organization or S nonimmigrant visa classification as classification as provided in paragraphs team is under the supervision of an provided in paragraphs (k) and (m) of (k) and (m) of this section and 8 CFR adult affiliated with the organization this section and 8 CFR 212.1. A passport 212.1. A passport is required for and when the child has parental or legal is required for Citizens of the British Canadian citizens applying for guardian consent to travel. For purposes Overseas Territory of Bermuda applying admission to the United States, except of this paragraph, an adult is considered for admission to the United States. when one of the following exceptions to be a person who is age 19 or older. * * * * * applies: The following requirements will (g) Mexican nationals. (1) A visa and (1) NEXUS Program. A Canadian apply: citizen who is traveling as a participant (A) The group, organization, or team a passport are not required of a Mexican in the NEXUS program may present a must provide to CBP upon crossing the national who is applying for admission valid NEXUS program card when using border, on organizational letterhead: from Mexico as a temporary visitor for a NEXUS Air kiosk or when entering the (1) The name of the group, business or pleasure at a land port-of- United States from contiguous territory organization or team, and the name of entry, or arriving by pleasure vessel or or adjacent islands at a land or sea port- the supervising adult; ferry, if the national is in possession of of-entry, and who is not otherwise (2) A trip itinerary, including the a Form DSP–150, B–1/B–2 Visa and required to present a passport and visa stated purpose of the trip, the location Border Crossing Card, containing a as provided in paragraphs (k) and (m) of of the destination, and the length of machine-readable biometric identifier, this section and 8 CFR 212.1. A stay; issued by the Department of State. Canadian citizen who enters the United (3) A list of the children on the trip; * * * * * States by pleasure vessel from Canada (4) For each child, the primary (5) A visa and a passport are not under the remote inspection system may address, primary phone number, date of required of a Mexican national who is present a NEXUS program card. birth, place of birth, and the name of at applying for admission from contiguous (2) FAST Program. A Canadian citizen least one parent or legal guardian. territory or adjacent islands at a land or who is traveling as a participant in the (B) The adult leading the group, sea port-of-entry, if the national is a FAST program, and who is not organization, or team must demonstrate member of the Texas Band of Kickapoo otherwise required to present a passport parental or legal guardian consent by who is in possession of a Form I–872 and visa as provided in paragraphs (k) certifying in the writing submitted in American Indian Card issued by U.S. and (m) of this section and 8 CFR 212.1, paragraph (a)(4)(ii)(A) of this section Citizenship and Immigration Services may present a valid FAST card at a sea that he or she has obtained for each (USCIS). or land port-of-entry prior to entering child the consent of at least one parent * * * * * the United States from contiguous or legal guardian. territory or adjacent islands. (C) The procedure described in this PART 53—PASSPORT REQUIREMENT (3) SENTRI Program. A Canadian paragraph is limited to members of the AND EXCEPTIONS citizen who is traveling as a participant group, organization, or team that are in the SENTRI program, and who is not under age 19. Other members of the 5. The authority citation for part 53 otherwise required to present a passport group, organization, or team must continues to read as follows: and visa as provided in paragraphs (k) comply with other applicable document Authority: 8 U.S.C. 1185; 8 U.S.C. 1185 and (m) of this section and 8 CFR 212.1, and/or inspection requirements found note (section 7209 of Pub. L. 108–458); E.O. may present a valid SENTRI card at a in this part and 8 CFR parts 212 and 13323, 69 FR 241 (Dec. 30, 2003). sea or land port-of-entry prior to 235. 6. Section 53.2 is revised to read as entering the United States from (5) Pilot Programs. A Canadian citizen follows: contiguous territory or adjacent islands. who is traveling as a participant in a (4) Children. A child who is a pilot program approved by the Secretary § 53.2 Exceptions. Canadian citizen who is seeking of Homeland Security pursuant to 8 CFR (a) U.S. citizens are not required to admission to the United States when 235.1(d) may present an acceptable bear U.S. passports when traveling arriving from contiguous territory at a alternative document specified for that directly between parts of the United sea or land port-of-entry, may present pilot program when entering the United States as defined in § 50.1 of this certain other documents if the arrival States from contiguous territory or chapter. meets the applicable requirements adjacent islands at a land or sea port-of- (b) A U.S. citizen is not required to described below. entry, and who is not otherwise bear a valid U.S. passport to enter or (i) Children Under Age 16. A required to present a passport and visa depart the United States: Canadian citizen who is under the age as provided in paragraphs (k) and (m) of (1) When traveling as a member of the of 16 is permitted to present an original this section and 8 CFR 212.1. A Armed Forces of the United States on or certified copy of his or her birth Canadian citizen who enters the United active duty and when he or she is in the certificate when arriving in the United States by pleasure vessel from Canada uniform of, or bears documents States from contiguous territory at sea or under the remote inspection system may identifying him or her as a member of, land ports-of-entry. also present an acceptable pilot program such Armed Forces, when under official (ii) Groups of Children Under Age 19. document if the Canadian citizen is orders or permit of such Armed Forces, A Canadian citizen who is under age 19 participating in a pilot program which and when carrying a military and who is traveling with a public or specifically provides that the acceptable identification card; or

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(2) When traveling entirely within the contiguous territory or adjacent islands, school group, religious group, social or Western Hemisphere on a cruise ship, Native American holders of American cultural organization, or team associated when the U.S. citizen boards the cruise Indian Cards (Form I–872) issued by with a youth sport organization may ship at a port or place within the United United States Citizenship and present either an original or certified States, and, returns on the same cruise Immigration Services (USCIS) may copy of his or her birth certificate, a ship to the same United States port or present those cards. Consular Report of Birth Abroad, or a place from where he or she originally (6) When bearing documents or Certificate of Naturalization issued by departed. That U.S. citizen may present combinations of documents the U.S. Citizenship and Immigration a government-issued photo Secretary of Homeland Security has Services when arriving in the United identification document in combination determined under Section 7209(b) of States from contiguous territory at all with either an original or a certified Public Law 108–458 (8 U.S.C. 1185 land or sea ports of entry, when the copy of his or her birth certificate, a note) are sufficient to denote identity group, organization or team is under the Consular Report of Birth Abroad issued and citizenship. supervision of an adult affiliated with by the Department, or a Certificate of (7) When the U.S. citizen is employed the organization and when the child has Naturalization issued by U.S. directly or indirectly on the parental or legal guardian consent to Citizenship and Immigration Services construction, operation, or maintenance travel. For purposes of this paragraph, before entering the United States; or of works undertaken in accordance with an adult is considered to be a person (3) When traveling as a U.S. citizen the treaty concluded on February 3, who is age 19 or older. The following seaman, carrying an unexpired 1944, between the United States and requirements will apply: Merchant Marine Document (MMD) in Mexico regarding the functions of the (A) The group, organization, or team conjunction with maritime business. International Boundary and Water must provide to CBP upon crossing the The MMD is not sufficient to establish Commission (IBWC), TS 994, 9 Bevans border on organizational letterhead: citizenship for purposes of issuance of 1166, 59 Stat. 1219, or other related (1) The name of the group, a United States passport under part 51 agreements, provided that the U.S. organization or team, and the name of of this chapter; or citizen bears an official identification the supervising adult; (4) Trusted Traveler Programs—(i) card issued by the IBWC and is traveling (2) A list of the children on the trip; NEXUS Program. When traveling as a in connection with such employment; and participant in the NEXUS program, he or or she may present a valid NEXUS (8) When the Department of State (3) For each child, the primary program card when using a NEXUS Air waives, pursuant to EO 13323 of address, primary phone number, date of kiosk or when entering the United December 30, 2003, Sec. 2, the birth, place of birth, and the name of at States from contiguous territory or requirement with respect to the U.S. least one parent or legal guardian. adjacent islands at a sea or land port-of- citizen because there is an unforeseen (B) The adult leading the group, entry. A U.S. citizen who enters the emergency; or organization, or team must demonstrate United States by pleasure vessel from (9) When the Department of State parental or legal guardian consent by Canada under the remote inspection waives, pursuant to EO 13323 of providing certifying in the writing system may also present a NEXUS December 30, 2003, Sec. 2, the submitted in paragraph (b)(10)(ii)(A) of program card; requirement with respect to the U.S. this section that he or she has obtained (ii) FAST Program. A U.S. citizen who citizen for humanitarian or national for each child the consent of at least one is traveling as a participant in the FAST interest reasons. parent or legal guardian. program may present a valid FAST card (10) When the U.S. citizen is a child (C) The procedure described in this when entering the United States from under the age of 19 arriving from paragraph is limited to members of the contiguous territory or adjacent islands contiguous territory in the following group, organization, or team who are at a sea or land port-of-entry; circumstances: under age 19. Other members of the (iii) SENTRI Program. A U.S. citizen (i) Children Under Age 16. A United group, organization, or team must who is traveling as a participant in the States citizen who is under the age of 16 comply with other applicable document SENTRI program may present a valid is permitted to present either an original and/or inspection requirements found SENTRI card when entering the United or a certified copy of his or her birth in 8 CFR parts 211, 212 or 235. States from contiguous territory or certificate, a Consular Report of Birth Michael Chertoff, adjacent islands at a sea or land port-of- Abroad, or a Certificate of entry; Naturalization issued by U.S. Secretary of Homeland Security, Department (iv) The NEXUS, FAST, and SENTRI Citizenship and Immigration Services of Homeland Security. cards are not sufficient to establish when entering the United States from Dated: June 19, 2007. citizenship for purposes of issuance of contiguous territory at sea or land ports- Henrietta Fore, a U.S. passport under part 51 of this of-entry. Under Secretary of State for Management, chapter; or (ii) Groups of Children Under Age 19. Department of State. (5) When arriving at land ports of A U.S. citizen who is under age 19 and [FR Doc. 07–3104 Filed 6–21–07; 2:11 pm] entry and sea ports of entry from who is traveling with a public or private BILLING CODE 9111–14–P

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