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 VerDate Aug<31>2005 17:14 Jun 25, 2007 Jkt 211001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\26JNP2.SGM 26JNP2 rwilkins on PROD1PC63 with PROPOSALS2 35088 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 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 VerDate Aug<31>2005 17:56 Jun 25, 2007 Jkt 211001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\26JNP2.SGM 26JNP2 rwilkins on PROD1PC63 with PROPOSALS2 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35089 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