35088 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

[USCBP–2007–0061] 

RIN 1651–AA69 

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 Portsof-Entry From Within the Western 

Hemisphere 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security; Bureau of Consular Affairs, 

Department of State. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Intelligence Reform and 

Terrorism Prevention Act of 2004 

(IRTPA), as amended, provides that 

upon full implementation, U.S. citizens 

and certain classes of nonimmigrant 

aliens may enter the United States only 

with passports or such alternative 

documents as the Secretary of 

Homeland Security designates as 

satisfactorily establishing identity and 

citizenship. This notice of proposed 

rulemaking (NPRM) is the second phase 

of a joint Department of Homeland 

Security (DHS) and Department of State 

(DOS) plan, known as the Western 

Hemisphere Travel Initiative, to 

implement these new requirements. 

This NPRM proposes the specific 

documents that, as early as January 

2008, and no sooner than 60 days from 

publication of the final rule, U.S. 

citizens and nonimmigrant aliens from 

Canada, Bermuda, and Mexico will be 

required to present when entering the 

United States at sea and land ports-ofentry from Western Hemisphere 

countries. 

DATES: Written comments must be 

submitted on or before August 27, 2007. 

ADDRESSES: Comments, identified by 

docket number USCBP–2007–0061, may 

be submitted by one of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Comments by mail are to be 

addressed to U.S. Customs and Border 

Protection, Office of International Trade, 

Office of Regulations and Rulings, 

Border Security Regulations Branch, 

1300 Pennsylvania Avenue, NW. (Mint 

Annex), Washington, DC 20229. 

Submitted comments by mail may be 

inspected at the U.S. Customs and 

Border Protection at 799 9th Street, 

NW., Washington, DC. To inspect 

comments, please call (202) 572–8768 to 

arrange for an appointment. 

Instructions: All submissions 

regarding the proposed rule and 

regulatory assessment must include the 

agency name and docket number 

USCBP–2007–0061. All comments will 

be posted without change to http:// 

www.regulations.gov, including any 

personal information sent with each 

comment. For detailed instructions on 

submitting comments and additional 

information on the rulemaking process, 

see the ‘‘Public Participation’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

submitted comments, go to http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Department of Homeland Security: 

Colleen Manaher, WHTI, Office of 

Field Operations, U.S. Customs and 

Border Protection, 1300 Pennsylvania 

Avenue, NW., Washington, DC 20229, 

telephone number (202) 344–3003. 

Department of State: Consuelo Pachon, 

Office of Passport Policy, Planning 

and Advisory Services, Bureau of 

Consular Affairs, telephone number 

(202) 663–2662. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation 

II. Background 

A. Current Document Requirements for 

U.S. Citizens Arriving by Sea or Land 

B. Current Document Requirements for 

Nonimmigrant Aliens Arriving by Sea or 

Land 

1. Canadian Citizens and Citizens of the 

British Overseas Territory of Bermuda 

2. Mexican Nationals 

C. Statutory and Regulatory History 

1. Intelligence Reform and Terrorism 

Prevention Act of 2004 

2. Advance Notice of Proposed Rulemaking 

3. Rules for Air Travel from within the 

Western Hemisphere 

4. Amendment to Section 7209 of IRTPA 

5. Passport Card NPRM 

6. Certifications to Congress 

III. Security and Operational Considerations 

at the U.S. Border 

IV. Proposed WHTI Document Requirements 

for U.S. Citizens and Nonimmigrant 

Aliens 

A. U.S. Citizens Arriving by Sea or Land 

1. Passport Book 

2. Passport Card 

3. Trusted Traveler Program Documents 

a. NEXUS Program 

b. FAST Program 

c. SENTRI Program 

4. Merchant Mariner Document (MMD) 

5. United States Military Identification 

B. Canadian Citizens and Citizens of 

Bermuda Arriving by Sea or Land 

1. Canadians 

2. Bermudians 

C. Mexican Nationals Arriving by Sea or 

Land 

1. Border Crossing Card (BCC) 

2. Trusted Traveler Program Use 

3. Elimination of Passport Waiver to Obtain 

Documents at Mexican Consulate in 

United States 

D. Other Approved Documents 

E. Timing of Changes and Effective Date for 

Final Rule 

1. Satisfactory Evidence of Citizenship 

2. Implementation and Effective Date of 

Final Rule 

V. Special Rules for Specific Groups of 

Travelers Permitted to Present Other 

Documents 

A. U.S. Citizen Cruise Ship Passengers 

B. U.S. and Canadian Citizen Children 

1. Children Under Age 16 

2. Children in Groups Under Age 19 

3. Alternative Approach for Children; 

Parental Consent 

C. Lawful Permanent Residents 

D. Alien Members of the U.S. Armed 

Forces 

E. Members of NATO Armed Forces 

F. American Indian Card Holders From 

Kickapoo Band of Texas and Tribe of 

Oklahoma 

G. Members of United States Native 

American Tribes 

1. Proposed Acceptance of Satisfactory 

Tribal Enrollment Documents at 

Traditional Border Crossing Points for 

Tribes Who Continue Traditional Land 

Border Crossings 

2. Possible Alternative Treatment of United 

States Native Americans 

H. Canadian Indians 

I. Sea Travel From Territories Subject to 

the Jurisdiction of the United States 

J. Outer Continental Shelf Employees 

K. International Boundary and Water 

Commission Employees 

L. Individual Cases of Passport Waivers 

M. Summary of Document Requirements 

VI. Section-By-Section Discussion of 

Proposed Amendments 

VII. Regulatory Analyses 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Regulatory Flexibility Act 

C. Executive Order 13132: Federalism 

D. Unfunded Mandates Reform Act 

Assessment 

E. National Environmental Policy Act of 

1969 

F. Paperwork Reduction Act 

G. Privacy Statement 

List of Subjects 

Abbreviations and Terms Used in This 

Document 

ANPRM—Advance Notice of Proposed 

Rulemaking 

BCC—Form DSP–150, B–1/B–2 Visa and 

Border Crossing Card 

CBP—U.S. Customs and Border Protection 

CBSA—Canadian Border Services Agency 

DHS—Department of Homeland Security 

DOS—Department of State 

FAST—Free and Secure Trade 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35089 

1For purposes of this proposed rule, the Western 

Hemisphere is understood to be North, South or 

Central America, and associated islands and waters. 

Adjacent islands are understood to mean Bermuda 

and the islands located in the Caribbean Sea, except 

Cuba. 

2See section 215(b) of the Immigration and 

Nationality Act (INA), 8 U.S.C. 1185(b). 

3See 22 CFR 53.2(b), which waives the passport 

requirement pursuant to section 215(b) of the INA, 

8 U.S.C. 1185(b). 

4See 8 CFR 235.1(b). 

5See section 212(a)(7)(B)(i) of the INA, 8 U.S.C. 

1182(a)(7)(B)(i). 

6Mexican nationals arriving in the United States 

who possess a Form DSP–150, B–1/B–2 Visa and 

Border Crossing Card (BCC) may be admitted 

without presenting a valid passport when coming 

from contiguous territory. See 8 CFR 212.1(c)(1). 

7See 8 CFR 212.1(a)(1) (Canadian citizens) and 8 

CFR 212.1(a)(2) (Citizens of Bermuda). See also 22 

CFR 41.2. 

FBI—Federal Bureau of Investigation 

IBWC—International Boundary and Water 

Commission 

INA—Immigration and Nationality Act 

IRTPA—Intelligence Reform and Terrorism 

Prevention Act of 2004 

LPR—Lawful Permanent Resident 

MMD—Merchant Mariner Document 

MODU—Mobile Offshore Drilling Unit 

MRZ—Machine Readable Zone 

NATO—North Atlantic Treaty Organization 

NEPA—National Environmental Policy Act 

of 1969 

NPRM—Notice of Proposed Rulemaking 

OARS—Outlying Area Reporting System 

OCS—Outer Continental Shelf 

PEA—Programmatic Environmental 

Assessment 

SENTRI—Secure Electronic Network for 

Travelers Rapid Inspection 

TBKA—Texas Band of Kickapoo Act 

UMRA—Unfunded Mandates Reform Act 

USCIS—U.S. Citizenship and Immigration 

Services 

US—VISIT–United States Visitor and 

Immigrant Status Indicator Technology 

Program 

WHTI—Western Hemisphere Travel 

Initiative 

I. Public Partication 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of the 

proposed rule. DHS and DOS also invite 

comments that relate to the economic 

effects or the federalism implications 

that might result from this proposed 

rule. Comments that will provide the 

most assistance to DHS and DOS in 

developing these procedures will 

reference a specific portion of the 

proposed rule, explain the reason for 

any recommended change, and include 

data, information, or authority that 

support such recommended change. 

This notice includes proposed 

regulatory text that represents the initial 

preference of DHS and DOS unless 

otherwise identified, but the 

Departments also seek comment on 

proposals and ideas discussed in the 

preamble, but not contained in the 

regulatory text because the Departments 

are interested in comments on these 

alternative approaches and may include 

these alternatives in the final rule. See 

ADDRESSES above for information on 

how to submit comments. 

II. Background 

The current document requirements 

for travelers entering the United States 

by sea or land generally depend on the 

nationality of the traveler and whether 

or not the traveler is entering the United 

States from a country within the 

Western Hemisphere.1 The following is 

an overview of the current document 

requirements for citizens of the United 

States, Canada, British Overseas 

Territory of Bermuda, and Mexico who 

enter the United States at sea or land 

ports-of-entry. The requirements 

discussed in this section are the subject 

of proposed changes under this NPRM. 

A. Current Document Requirements for 

U.S. Citizens Arriving by Sea or Land 

In general, under Federal law it is 

‘‘unlawful for any citizen of the United 

States to depart from or enter * * * the 

United States unless he bears a valid 

United States passport.’’ 2 However, the 

statutory passport requirement has been 

waived in the past for U.S. citizens 

traveling between the United States and 

locations within the Western 

Hemisphere by land or sea, other than 

from Cuba.3 Currently, a U.S. citizen 

entering the United States by land or sea 

from within the Western Hemisphere is 

inspected by a Customs and Border 

Protection (CBP) Officer. To enter the 

United States in conformance with the 

Immigration and Nationality Act (INA), 

these U.S. citizens must satisfy the CBP 

Officer of their citizenship.4 In addition 

to assessing the verbal declaration and 

examining whatever documentation a 

traveler may present initially, the CBP 

Officer may ask for additional 

identification and proof of citizenship 

until such time as the CBP Officer is 

satisfied that the traveler seeking entry 

into the United States is a U.S. citizen. 

U.S. citizens arriving at sea or land 

ports-of-entry from within the Western 

Hemisphere, other than Cuba, can 

currently present to CBP Officers a wide 

variety of documents to establish their 

right to enter the United States. A 

driver’s license issued by a state motor 

vehicle administration or other 

competent state government authority is 

the most common form of identity 

document now provided to CBP at the 

border even though such documents do 

not denote citizenship. Documents 

currently used at these ports-of-entry 

also include birth certificates issued by 

a U.S. jurisdiction, Consular Reports of 

Birth Abroad, Certificates of 

Naturalization, and Certificates of 

Citizenship. 

B. Current Document Requirements for 

Nonimmigrant Aliens Arriving by Sea 

or Land 

Currently, each nonimmigrant alien 

arriving in the United States must 

present to the CBP Officer at the portof-entry a valid passport issued by his 

or her country of citizenship and a valid 

visa issued by a U.S. embassy or 

consulate abroad, unless one or both 

requirements have been waived.5

Nonimmigrant aliens applying for entry 

to the United States must also satisfy 

any other applicable entry requirements 

(e.g., U.S. Visitor and Immigrant Status 

Indicator Technology Program (US–

VISIT)) and overcome all grounds of 

inadmissibility before being admitted to 

the United States. For nonimmigrant 

aliens arriving in the United States at 

sea or land ports-of-entry, the only 

current waiver to the passport 

requirement applies to (1) Citizens of 

Canada and Bermuda arriving from 

within the Western Hemisphere, and (2) 

Mexican nationals with a Border 

Crossing Card (BCC) arriving from a 

contiguous territory.6

1. Canadian Citizens and Citizens of the 

British Overseas Territory of Bermuda 

In most cases, Canadian citizens and 

citizens of the British Overseas Territory 

of Bermuda (Bermuda) are not currently 

required to present a passport and visa 7

when entering the United States by sea 

or land as nonimmigrant visitors from 

countries in the Western Hemisphere. 

These travelers must nevertheless 

satisfy the inspecting CBP Officer of 

their identity, citizenship, and 

admissibility at the time of their 

application for admission. The 

applicant may present any proof of 

citizenship in his or her possession. An 

individual who initially fails to satisfy 

the inspecting CBP Officer that he or she 

is a Canadian or Bermudian citizen may 

then be required by CBP to provide 

further identification and proof of 

citizenship such as a birth certificate, 

passport, or citizenship card. 

2. Mexican Nationals 

Mexican nationals arriving in the 

United States are generally required to 

present a passport and visa when 

applying for entry to the United States. 

However, Mexican nationals who 


rwilkins on PROD1PC63 with PROPOSALS2
35090 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

8See 8 CFR 212.1(c)(1)(i). See also 22 CFR 41.2(g). 

Mexican BCC holders traveling for less than 72 

hours within a certain geographic area along the 

United States’ border with Mexico: usually up to 25 

miles from the border but within 75 miles under the 

exception for Tucson, Arizona, do not need to 

obtain a form I–94. If they travel outside of that 

geographic area and/or period of time, they must 

obtain an I–94 from CBP at the port-of-entry. 8 CFR 

235.1(h)(1). 9Pub. L. 108–458, as amended, 118 Stat. 3638 

(Dec. 17, 2004). 10Section 7209 does not apply to Lawful 

Permanent Residents, who will continue to be able 

to enter the United States upon presentation of a 

valid Form I–551, Permanent Resident Card, or 

other valid evidence of permanent resident status. 

See section 211(b) of the INA, 8 U.S.C. 1181(b). It 

also does not apply to alien members of the United 

States Armed Forces traveling under official orders 

who present military identification. See section 284 

of the INA, 8 U.S.C. 1354. Additionally, section 

7209 does not apply to nonimmigrant aliens from 

anywhere other than Canada, Mexico, or Bermuda. 

See section 212(d)(4)(B) of the INA, 8 U.S.C 

1182(d)(4)(B). Such nonimmigrant aliens are 

currently required to show a passport for admission 

into the United States. 

11See section 212(d)(4)(B) of the INA, 8 U.S.C. 

1182(d)(4)(B), and section 215(b) of the INA, 8 

U.S.C. 1185(b) (delegated to the Secretaries of State 

and Homeland Security under Executive Order 

13323, 69 FR 241 (Dec. 30, 2003)). 

12See section 7209(c)(2) of IRTPA. 

13These groups of individuals are currently 

exempt from the general passport requirement 

when entering the United States. See 8 CFR 

212.1(a)(1) (Canadian citizens), 8 CFR 212.1(c)(1)(i) 

(Mexican citizens), and 8 CFR 212.1(a)(2) 

(Bermudian citizens). 14See 71 FR 68412 (Nov. 24, 2006). 

possess a Form DSP–150, B–1/B–2 Visa 

and Border Crossing Card (BCC) 

currently may be admitted at sea and 

land ports-of-entry without presenting a 

passport when arriving in the United 

States from contiguous territory.8 A BCC 

is a machine-readable, biometric card, 

issued by the U.S. Department of State, 

Bureau of Consular Affairs. 

C. Statutory and Regulatory History 

This NPRM is the second phase of a 

joint DHS and DOS plan, known as the 

Western Hemisphere Travel Initiative 

(WHTI), to implement section 7209 of 

the Intelligence Reform and Terrorism 

Prevention Act of 2004, as amended 

(hereinafter IRTPA).9 A brief discussion 

of IRTPA and related regulatory efforts 

follows. 

1. Intelligence Reform and Terrorism 

Prevention Act of 2004 

Section 7209 of IRTPA requires that 

the Secretary of Homeland Security, in 

consultation with the Secretary of State, 

develop and implement a plan to 

require travelers entering the United 

States to present a passport, other 

document, or combination of 

documents, that are ‘‘deemed by the 

Secretary of Homeland Security to be 

sufficient to denote identity and 

citizenship.’’ Section 7209 expressly 

provides that U.S. citizens and nationals 

for whom documentation requirements 

have previously been waived on the 

basis of reciprocity under section 

212(d)(4)(B) of the INA (8 U.S.C 

1182(d)(4)(B)) (i.e., citizens of Canada, 

Mexico, and Bermuda) will be required 

to comply.10

Section 7209 limits the President’s 

authority 11 to waive generally 

applicable documentation requirements 

after the complete implementation of 

the plan required by IRTPA. With 

respect to non-immigrant aliens 

currently granted a passport waiver 

under section 212(d)(4)(B) of the INA 

(i.e., nationals of contiguous territory or 

adjacent islands), the President may not 

waive the document requirement 

imposed by IRTPA. With respect to U.S. 

citizens, once WHTI is completely 

implemented, the President may waive 

the new documentation requirements 

for departing or entering the United 

States only in three specific 

circumstances: (1) When the Secretary 

of Homeland Security determines that 

‘‘alternative documentation’’ that is the 

basis of the waiver is sufficient to 

denote identity and citizenship; (2) in 

an individual case of an unforeseen 

emergency; or (3) in an individual case 

based on ‘‘humanitarian or national 

interest reasons.’’ 12

Accordingly, U.S. citizens and those 

nonimmigrant aliens who currently are 

not required to present passports, 

pursuant to sections 215(b) and 

212(d)(4)(B) of the INA respectively, 

will be required to present a passport or 

other acceptable document that 

establishes identity and citizenship 

deemed sufficient by the Secretary of 

Homeland Security when entering the 

United States from any location, 

including from countries within the 

Western Hemisphere. The principal 

groups affected by this provision of 

IRPTA are citizens of the United States, 

Canada, and Bermuda entering the 

United States from within the Western 

Hemisphere and Mexican nationals in 

possession of a BCC entering the United 

States from contiguous territory.13

2. Advance Notice of Proposed 

Rulemaking 

On September 1, 2005, DHS and DOS 

published in the Federal Register an 

advance notice of proposed rulemaking 

(ANPRM), at 70 FR 52037, announcing 

a joint DHS and DOS plan to amend 

their respective regulations to 

implement section 7209 of IRTPA. The 

ANPRM announced that DHS and DOS 

anticipated implementing the 

documentation requirements of section 

7209 in two stages. The first stage would 

have affected those travelers entering 

the United States by air and sea from 

within the Western Hemisphere and the 

second stage would have addressed 

travelers arriving by land. The two-stage 

approach was intended to ensure an 

orderly transition, provide affected 

persons with adequate notice to obtain 

necessary documents, and ensure that 

adequate resources were available to 

issue additional passports or other 

authorized documents. 

In the ANPRM, DHS and DOS sought 

public comment to assist the Secretary 

of Homeland Security to make a final 

determination of which documents or 

combination of documents other than 

passports would be accepted at ports-ofentry to satisfy section 7209. DHS and 

DOS also solicited public comments 

regarding the economic impact of 

implementing section 7209, the costs 

anticipated to be incurred by U.S. 

citizens and others as a result of new 

document requirements, potential 

benefits of the rulemaking, alternative 

methods of complying with the 

legislation, and the proposed stages for 

implementation. In addition to receiving 

written comments, DHS and DOS 

representatives attended listening 

sessions and town hall meetings across 

the country and met with community 

leaders and stakeholders to discuss the 

initiative. 

DHS and DOS received 2,062 written 

comments in response to the ANPRM. 

Comments were received from a wide 

range of U.S. and Canadian sources 

including: Private citizens; businesses 

and associations; local, State, Federal, 

and tribal governments; and members of 

the U.S. Congress and Canadian 

Parliament. The majority of the 

comments (1,910) addressed potential 

changes to the documentation 

requirements at land border ports-ofentry. One hundred and fifty-two (152) 

comments addressed changes to the 

documentation requirements for persons 

arriving at air or sea ports-of-entry. The 

comments related to air travel were 

addressed separately in the air final 

rule, which is discussed below.14

Complete responses to the comments 

from the ANPRM related to sea and land 

arrivals will be presented in the final 

WHTI sea and land rule. 

3. Rules for Air Travel From Within the 

Western Hemisphere 

On August 11, 2006, DHS and DOS 

published an NPRM for air and sea 

arrivals. The NPRM proposed that, 

subject to certain narrow exceptions, 

beginning January 2007, all U.S. citizens 

and nonimmigrant aliens, including 

those from Canada, Bermuda, and 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35091 

15 DHS and DOS determined that delaying the 

effective date of the Air Rule to January 23, 2007, 

was appropriate for air travel because of operational 

considerations and available resources. See id. 

16Under the Air Rule, Lawful Permanent 

Residents of the United States continue to need to 

carry their I–551 cards, and permanent residents of 

Canada continue to be required to present a 

passport and a visa, if necessary, as they did before 

the rule came into effect. 

17Pub. L. 109–295, 120 Stat. 1355 (Oct. 4, 2006). 

18 Id. at 546. See Congressional Record, 109th 

Cong., 2nd Sess., September 29, 2006 at H7964. 

19 Id. 

20 71 FR 60928. 

Mexico, entering the United States by 

air and sea would be required to present 

a valid passport, NEXUS Air card, or 

Merchant Mariner Document (MMD). 

The NPRM provided that the 

requirements would not apply to 

members of the United States Armed 

Forces. For a detailed discussion of 

what was proposed for air and sea 

arrivals, please see the NPRM at 71 FR 

41655. 

Based on the DOS proposal to allow 

use of a passport card in the sea 

environment discussed below, 

Congressional intent with respect to 

land and sea travel also discussed 

below, and the public comments, DHS 

and DOS deferred until this rulemaking 

decision on the document requirements 

for arrivals by sea. Complete responses 

to the comments relating to sea travel 

that were submitted in response to the 

air and sea NPRM will be presented in 

the final sea and land rule. 

The final rule for travelers entering or 

departing the United States at air portsof-entry (Air Rule) was published in the 

Federal Register on November 24, 2006. 

Beginning January 23, 2007,15 U.S. 

citizens and nonimmigrant aliens from 

Canada, Bermuda, and Mexico entering 

and departing the United States at air 

ports-of-entry from within the Western 

Hemisphere are generally required to 

present a valid passport. The main 

exceptions to this requirement are for 

U.S. citizens who present a valid, 

unexpired Merchant Mariner Document 

traveling in conjunction with maritime 

business and U.S. and Canadian citizens 

who present a NEXUS Air card for use 

at a NEXUS Air kiosk.16 The Air Rule 

made no changes to the requirements for 

members of the United States Armed 

Forces. Please see the Air Rule at 71 FR 

68412 for a full discussion of the air 

requirements. 

4. Amendment to Section 7209 of 

IRTPA 

On October 4, 2006, the President 

signed into law the Department of 

Homeland Security Appropriations Act 

of 2007 (DHS Appropriations Act of 

2007).17 Section 546 of the DHS 

Appropriations Act of 2007 amended 

section 7209 of IRTPA by stressing the 

need for DHS and DOS to expeditiously 

implement the WHTI requirements no 

later than the earlier of two dates, June 

1, 2009, or three months after the 

Secretaries of Homeland Security and 

State certify that certain criteria have 

been met. The section requires 

‘‘expeditious[]’’ action and states that 

requirements must be satisfied by the 

‘‘earlier’’ of the dates identified. By 

using this language, the drafters 

expressed an intention for rapid 

action.18 Congress also expressed an 

interest in having the requirements for 

sea and land implemented at the same 

time and having alternative procedures 

for groups of children traveling under 

adult supervision.19

5. Passport Card NPRM 

On October 17, 2006, to meet the 

documentary requirements of WHTI and 

to facilitate the frequent travel of 

persons living in border communities, 

DOS, in consultation with DHS, 

proposed to develop a card-format 

passport for international travel by 

United States citizens through land and 

sea ports of entry between the United 

States, Canada, Mexico, or the 

Caribbean and Bermuda.20

The passport card would contain 

security features similar to the 

traditional passport book. The passport 

card would be particularly useful for 

citizens in border communities who 

regularly cross the border and would be 

considerably less expensive than a 

traditional passport. DOS anticipates the 

validity period for the passport card to 

be the same as for the traditional 

passport—ten years for adults and five 

years for minors under age 16. Please 

see the Passport Card NPRM at 71 FR 

60298, for a full discussion of the 

background and details of the proposed 

passport card. DOS will issue a final 

rule prior to making passport cards 

available to the public. 

6. Certifications to Congress 

In Section 546 of the DHS 

Appropriations Act of 2007, Congress 

called for DHS and DOS to make certain 

certifications before completing the 

implementation of the WHTI plan. The 

Departments have been working toward 

making these certifications since 

October 2006 and have made great 

progress in meeting them. The 

Departments are instructed to certify to: 

1. NIST Certification. National 

Institute of Standards and Technology 

(‘‘NIST’’) certification concerning 

security standards and best practices for 

protection of personal identification 

documents. 

On May 1, 2007, NIST certified that 

the proposed card architecture of the 

passport card meets or exceeds the 

relevant standard and best practices, as 

specified in the statute. 

2. Technology Sharing. Certify that 

passport card technology has been 

shared with Canada and Mexico. 

DHS and DOS have been sharing 

information and meeting regularly with 

both Mexican and Canadian officials, 

including the decision to select RFID 

technology for the passport card. 

3. Postal Service Fee Agreement. 

Certify that an agreement has been 

reached and reported to Congress on the 

fee collected by the U.S. Postal Service 

for acceptance agent services. 

DOS is working with the Postal 

Service to memorialize their agreement 

including the proposed new fees to be 

set by DOS so that the appropriate 

certification can be made and the 

detailed justification submitted. 

4. Groups of Children. Certify that an 

alternative procedure has been 

developed for border crossings by 

groups of children. 

This NPRM contains an alternative 

procedure for groups of children 

traveling across an international border 

under adult supervision with parental 

consent. 

5. Infrastructure. Certify that the 

necessary passport card infrastructure 

has been installed and employees have 

been trained. 

DHS anticipates using existing 

equipment along with the deployment 

of new technology. CBP has technology 

currently in place at all ports-of-entry to 

read any travel document with a 

machine-readable zone, including 

passports and the new passport card. 

All CBP Officers at ports-of-entry are 

currently trained in the use of this 

technology. Depending upon the results 

of our environmental analysis, CBP will 

deploy an integrated RFID technical 

infrastructure to support advanced 

identity verification in incremental 

deployment phases. RFID technology 

training plans and requirements are 

currently being developed with initial 

training to be completed by November 

2007. 

6. Passport Card Issuance. Certify that 

the passport card is available to U.S. 

citizens. 

DOS has developed an ambitious and 

aggressive schedule to develop the 

passport card and is making progress 

toward that goal. The Request for 

Procurement (RFP) to potential 

contractors was issued on May 25, 2007. 

DOS expects to begin testing product 

samples in the summer. In accordance 


rwilkins on PROD1PC63 with PROPOSALS2
35092 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

21This refers to individuals who obtain valid 

documents through malfeasance. In such cases, the 

individual uses fraudulently obtained source/feeder 

documents to impersonate the U.S. or Canadian 

citizen in order to obtain the new document (i.e., 

identity theft). 

22 Development of the biometric BCC was a joint 

effort of DOS and U.S. Citizenship and Immigration 

Services (USCIS) to comply with Section 104 of the 

Illegal Immigration Reform and Immigrant 

Responsibility Act of 1996 (IIRIRIA) Pub. L. 104–

208, Div. C, 110 Stat. 3009–546. 

23Additionally, Mexican nationals who 

temporarily reside lawfully in Canada or the United 

States during the term of the NEXUS membership 

and pass an Interpol criminal history check may 

also be eligible to participate in NEXUS. 

24Please see the Air Rule for a full discussion of 

the reasons that the sea regulations were deferred, 

at 71 FR 68412. 

25 In some circumstances under this rule, it is 

important to distinguish between types of sea 

travel. Those circumstances are so noted in the 

discussion of the proposed requirements. 

with testing requirements established in 

the certification by NIST, DOS will 

conduct the full range of security, 

durability and privacy tests on the 

passport card and protective sleeve to 

ensure that a high-quality, secure card is 

issued to the American public. DOS is 

planning to issue a final rule in the near 

future. 

7. Common Land and Sea 

Implementation. Certify to one 

implementation date. 

This NPRM sets forth one 

implementation date for land and sea 

travel. 

The Departments have worked very 

closely to update the appropriate 

congressional committees on the status 

of these certifications and will continue 

to do so until final certifications are 

made. DOS and DHS believe that these 

certifications will be made well in 

advance of the June 1, 2009 deadline for 

implementation. 

DOS and DHS are planning to 

conduct a robust public outreach 

program to the traveling public, which 

will include a more targeted effort in 

border communities. 

We anticipate that RFID infrastructure 

will be rolled out to cover the top 39 

ports-of-entry (in terms of number of 

travelers) through which 95 percent of 

the land traffic enters the United States. 

The remaining land and all sea ports-ofentry would utilize existing machinereadable zone technology to read the 

travel documents. Machine-readable 

zone technology is currently in place in 

all air, sea, and land ports-of-entry. 

III. Security and Operational 

Considerations at the U.S. Border 

WHTI will reduce vulnerabilities 

identified in the final report of the 

National Commission on Terrorist 

Attacks Upon the United States, also 

known as the 9/11 Commission. WHTI 

is intended not only to enhance security 

efforts at the borders, but is also 

intended to expedite the movement of 

legitimate travel within the Western 

Hemisphere. 

The land border, in particular, 

presents complex operational 

challenges, in that a tremendous amount 

of traffic must be processed in a short 

amount of time. For example, there are 

often several passengers in a vehicle, 

and multiple vehicles arriving at one 

time at each land border port-of-entry. 

Many of the people encountered 

crossing at the land border ports-ofentry are repeat crossers, who travel 

back and forth across the border 

numerous times a day. 

The historical absence of standard 

travel document requirements for the 

travel of Canadian and U.S. citizens 

across our northern and southern 

borders has resulted in the current 

situation, where a multiplicity of 

documents can be presented at ports-ofentry by Canadian and U.S. travelers. As 

a result, those individuals who seek to 

enter the United States or Canada 

illegally or who pose a potential threat 

could falsely declare themselves as U.S. 

or Canadian citizens. They can do this 

through several methods: presenting 

fraudulent documents that cannot be 

validated; presenting facially valid 

documentation that cannot be validated 

against the identity of the holder 21; 

assuming the identity of the legitimate 

authentic document holder; or 

undocumented false claims. These same 

vulnerabilities exist for individuals 

purporting to be U.S. citizens crossing 

back and forth across the southern 

border with Mexico. 

U.S. travel document requirements for 

Mexican nationals already addressed 

most of these vulnerabilities prior to the 

passage of the IRTPA. Generally, 

Mexican nationals are required to 

present either a Mexican passport with 

a visa or a biometric BCC22 when 

entering the United States. Mexican 

nationals can also apply for membership 

in DHS Trusted Traveler Programs such 

as FAST and SENTRI.23

The current documents presented by 

U.S., Canadian, and Bermudian citizens 

arriving from within the Western 

Hemisphere vary widely in terms of the 

security and reliability as evidence of 

identity, status, and nationality. This 

variety poses challenges for accurate 

identity and admissibility 

determinations by border officials and 

has been identified as a security 

vulnerability for cross-border travel 

between these countries. It is recognized 

that national passports of Canada, 

Mexico, Bermuda (whether Bermudian 

or British passports) and the United 

States do currently, and will continue 

to, provide reliable evidence of identity 

and nationality for the purposes of 

cross-border travel. 

Standardizing documentation 

requirements for travelers entering the 

United States in the land border 

environment would enhance our 

national security and secure and 

facilitate the entry process into the 

United States. Limiting the number of 

acceptable, secure documents would 

allow border security officials to 

quickly, efficiently, accurately, and 

reliably review documentation, identify 

persons of concern to national security, 

and determine eligibility for entry of 

legitimate travelers without disrupting 

the critically important movement of 

people and goods across our land 

borders. Standardizing travel documents 

for citizens of the United States, Canada, 

Bermuda, and Mexico entering the 

United States in the land border 

environment would also reduce 

confusion for the travel industry and 

make the entry process more efficient 

for CBP officers and the public alike. 

Originally, DHS and DOS proposed to 

implement new documentation 

requirements for those travelers by air 

and most sea travel in the first phase of 

the WHTI plan. However, for the 

reasons described above, the 

Departments decided to delay new 

requirements for sea travel until the 

passport card would be available for use 

in the sea environment. The 

Departments also believed it would be 

less confusing to the public if sea and 

land requirements, both of which would 

accept the passport card, were 

implemented at the same time. Thus, 

documentation requirements for sea 

travelers were deferred to this 

rulemaking.24

IV. Proposed WHTI Document 

Requirements for U.S. Citizens and 

Nonimmigrant Aliens 

This NPRM proposes new 

documentation requirements for U.S. 

citizens and nonimmigrant aliens from 

Canada, Bermuda, and Mexico entering 

the United States by land from Canada 

and Mexico, or by sea 25 from within the 

Western Hemisphere. A discussion of 

the proposed requirements for most U.S. 

citizens, Canadians, Bermudians, and 

Mexican nationals follows in Section IV. 

In Section V., we explain the special 

circumstances under which specific 

groups or persons may present other 

documents for entry into the United 

States by sea or land, such as U.S. and 

Canadian citizen children and U.S. 

citizens traveling on cruise ships. 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35093 

26Currently, U.S. citizens can show a NEXUS, 

SENTRI, or FAST card for entry into the United 

States only at dedicated lanes at designated land 

border ports-of-entry. 

27More information about e-passports is available 

at http://www.state.gov. See also, 70 FR 61553 (Oct. 

25, 2005)(final rule for e-passports). 

28For purposes of this rule, a pleasure vessel is 

a vessel that is used exclusively for recreational or 

personal purposes and not to transport passengers 

or property for hire. 

29See 8 CFR 235.1(g). U.S. citizen holders of a 

Canadian Border Boat Landing Permit (Form I–68) 

would be required to possess a passport, passport 

card, or other document specified in this NPRM 

when arriving in the United States in combination 

with the Form I–68 and would be required to show 

this documentation when applying for or renewing 

the Form I–68. Participants would continue to 

benefit from entering the United States from time 

to time without having to wait for a physical 

inspection, subject to the applicable regulations. 

More information on the Canadian Border Boat 

Landing Program (I–68 Permit Program) is available 

on the CBP Web site at http://www.cbp.gov. 

30On December 14, 2006, CBP announced that 

the NEXUS air, highway, and marine modes had 

been integrated into one program. This integration 

means that there will be one application form and 

fee to participate in all three modes of the NEXUS 

program. CBP also announced that NEXUS would 

expand the number of processing locations at 

Canadian airports in 2007. More information on the 

NEXUS program is available on the CBP Web site 

at http://www.cbp.gov. 

31Lawful Permanent Residents of the United 

States would continue to be required to carry I–551 

Permanent Resident cards while they are traveling 

under the NEXUS program. 

A. U.S. Citizens Arriving by Sea or 

Land 

Under this proposed rule, most U.S. 

citizens entering the United States at all 

sea or land ports-of-entry would be 

required to have either (1) A U.S. 

passport; (2) a U.S. passport card; (3) a 

trusted traveler card (NEXUS, FAST, or 

SENTRI); 26 (4) a valid MMD when 

traveling in conjunction with official 

maritime business; or (5) a valid U.S. 

Military identification card when 

traveling on official orders or permit. 

1. Passport Book 

U.S. passports are internationally 

recognized, secure documents that 

demonstrate the individual’s identity 

and citizenship and continue to be 

specifically authorized for all bordercrossing purposes. Traditional U.S. 

passport books contain security features 

including digitized photographs, 

embossed seals, watermarks, ultraviolet 

and fluorescent light verification 

features, security laminations, microprinting, holograms, and pages for visas 

and stamps. 

U.S. electronic passports or 

e-passports, which DOS has issued to 

the public since August 2006, are the 

same as traditional passports with the 

addition of a small contactless 

integrated circuit (computer chip) 

embedded in the back cover. The chip 

securely stores the same data visually 

displayed on the photo page of the 

passport, and will additionally include 

a digital photograph. The inclusion of 

the digital photograph will enable 

biometric comparison, through the use 

of facial recognition technology at 

international borders. The U.S. 

‘‘e-passport’’ incorporates additional 

anti-fraud and security features.27

2. Passport Card 

DOS published an NPRM announcing 

the development and issuance of a cardformat passport on October 17, 2006 (71 

FR 60928), which would be a secure 

citizenship and identity document that 

carries most of the rights and privileges 

of a traditional U.S. passport, but with 

validity limited to international travel 

by land and sea between the United 

States and Canada, Mexico, the 

Caribbean or Bermuda. 

The passport card would contain 

security features similar to the passport 

book, would be issued by DOS, would 

contain biographical information about 

the holder, and would be readily 

authenticated and validated at the 

border. The passport card will contain 

a radio frequency identification (RFID) 

chip, which will link the card, via a 

manufacturer-generated reference 

number, to a stored record in secure 

government databases. Unlike the 

e-passport, which contains personal 

data on the RFID chip, there will be no 

personal information stored on the 

passport card’s RFID chip. The passport 

card would be particularly useful for 

citizens in border communities who 

cross the land border every day. The 

passport card would satisfy the 

definition of a passport, and, therefore, 

it would be specifically authorized in 

section 7209 of IRTPA. 

3. Trusted Traveler Program Documents 

Under the proposed rule, U.S. citizens 

would be permitted to present cards 

issued for certain DHS Trusted Traveler 

Programs, such as NEXUS, Free and 

Secure Trade (FAST), and Secure 

Electronic Network for Travelers Rapid 

Inspection (SENTRI), at all lanes at all 

land and sea ports-of-entry when 

traveling from contiguous territory or 

adjacent islands. 

These trusted traveler cards contain 

numerous security features, are issued 

by either U.S. or Canadian border 

security agencies, contain biographical 

information about the holder, and are 

readily authenticated and validated at 

the border. These programs are 

implemented in partnership with the 

Governments of Canada and Mexico, 

and many citizens of these countries 

participate in the programs. 

Under the proposed rule, U.S. citizens 

who arrive by pleasure vessel 28 from 

contiguous territory would be permitted 

to show the trusted traveler cards, 

among other documents, at all ports of 

entry. Additionally, U.S. citizens who 

have been pre-screened as part of the 

NEXUS or Canadian Border Boat 

Landing Program who arrive by pleasure 

vessel from Canada would be permitted 

to report their arrival by telephone or by 

remote video inspection, respectively. 

U.S. citizens who arrive by pleasure 

vessel from Canada would be permitted 

to show the NEXUS card in lieu of a 

passport or passport card along the 

northern border under the auspices of 

the remote inspection system for 

pleasure vessels, such as the Outlying 

Area Reporting System (OARS). 

Currently, as NEXUS members, U.S. 

citizen recreational boaters can report 

their arrival to CBP by telephone. 

Otherwise, these pleasure vessel 

travelers would be required to report in 

person to a port-of-entry in order to 

enter the United States.29

a. NEXUS Program 

The NEXUS program is implemented 

by CBP and the Canadian Border 

Services Agency (CBSA), pursuant to 

the Shared Border Accord and Smart 

Border Declaration between the United 

States and Canada.30 NEXUS 

streamlines border inspection for prescreened, low-risk travelers by utilizing 

one application form, a joint enrollment 

process, bi-national security screening, 

and one card for expedited entry to both 

Canada and the United States for air, 

land and sea travel.31

Applicants for NEXUS complete a 

joint U.S./Canada NEXUS Application. 

The application is then reviewed by 

both CBP and the CBSA. Once approved 

by both countries, the applicant reports 

to a joint CBP/CBSA enrollment center 

where the applicant is interviewed and 

fingerprinted by CBP and CBSA. 

Applicants who are deemed low-risk 

and are approved for the program are 

then issued a NEXUS Identification 

Card. 

b. FAST Program 

The Free and Secure Trade (FAST) 

program is designed to enhance the 

security and safety along both the 

northern and southern land borders of 

the United States, while also enhancing 

the economic prosperity of the United 

States, Canada, and Mexico, by 

coordinating, to the maximum extent 

possible, their customs commercial 

programs. The program accomplishes 

this by allowing member commercial 


rwilkins on PROD1PC63 with PROPOSALS2
35094 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

32For Canadian applicants, fingerprints are 

submitted to Canadian authorities for a records 

check. 

33Enrollment in the program is available to 

Mexican nationals, United States citizens or lawful 

permanent residents, and a national of any other 

country who demonstrates a need to use the 

program. 

34See 22 CFR 53.2(c). 

35See 71 FR 29462 (May 22, 2006) and 72 FR 

3605 (Jan. 25, 2007). 

36On April 24, 2007, the U.S. Coast Guard 

published an interim final rule amending Coast 

Guard regulations to allow for the issuance of 

MMDs to certain non-resident aliens for service in 

the stewards departments of U.S.-flag large 

passenger vessels endorsed for coastwise trade. See 

72 FR 20278. However, only U.S. citizens may use 

the MMD in lieu of a passport under this proposed 

rule. 

37See 8 U.S.C. 1354. 

38See 8 CFR 235.1(c). 

39See 8 CFR 212.1(h), (l), and (m) and 22 CFR 

41.2(k) and (m). 

40Foreign passports remain an acceptable border 

crossing document under section 7209 of the 

IRTPA. 

41Canadian citizens who demonstrate a need may 

enroll in the SENTRI program and currently may 

use the SENTRI card in lieu of a passport. To enroll 

in SENTRI, a Canadian participant must present a 

valid passport and a valid visa, if required, when 

applying for SENTRI membership. Other foreign 

participants in the SENTRI program must present 

a valid passport and a valid visa, if required, when 

seeking admission to the United States, in addition 

to the SENTRI card. This proposed rule does not 

alter the passport and visa requirements for other 

foreign enrollees in SENTRI (i.e., other than 

Canadian foreign enrollees). Currently, Canadian 

citizens can show a SENTRI, NEXUS, or FAST card 

for entry into the United States only at designated 

lanes at designated land border ports-of-entry. 

42Permanent residents of Canada must also carry 

a valid passport and valid visa, if required. 

drivers to cross the border with 

expedited customs and immigration 

processing and to transport eligible 

goods for FAST approved carriers along 

the northern and southern borders. 

Commercial drivers applying for the 

FAST program on the northern border 

complete a U.S./Canada FAST 

Commercial Driver Application and 

send it to the FAST Application 

Processing Center in Canada. The 

application is then reviewed by both 

CBP and CBSA. Once approved by both 

countries, the applicant reports to a 

joint CBP/CBSA enrollment center 

where he or she is interviewed by CBP 

and CBSA. 

During the application process, a U.S. 

applicant’s ten fingerprints are taken 

and submitted to the FBI for a records 

check; 32 identification and immigration 

documents are checked for validity; and 

a digital photograph is taken. 

Applicants who are deemed low-risk 

and are approved for the program are 

then issued a FAST Commercial Driver 

Identification Card (FAST Card). Drivers 

applying for the FAST program on the 

southern border enroll in a similar 

process where the card applications are 

reviewed and cards are issued by CBP. 

c. SENTRI Program 

SENTRI currently streamlines border 

inspection for pre-approved low-risk 

travelers for expedited entry into the 

United States for land travel along the 

southern border, similar to NEXUS and 

FAST.33 To enroll in SENTRI a 

participant must provide acceptable 

proof of citizenship or permanent 

resident status in the United States. U.S. 

citizens and Lawful Permanent 

Residents must provide an original birth 

certificate with government-issued 

photo identification, a valid passport, or 

a certificate of naturalization. 

4. Merchant Mariner Document (MMD) 

Currently, a Merchant Mariner 

Document (MMD) is accepted for U.S. 

citizen Merchant Mariners in lieu of a 

passport.34 U.S. citizen Merchant 

Mariners must provide proof of their 

U.S. citizenship and undergo an 

application process that includes a 

fingerprint background check submitted 

to the FBI, a National Driver Register 

check, and a drug test from an 

authorized official that administers a 

drug testing program in order to obtain 

an MMD. 

The Air Rule provides that an MMD 

used by U.S. citizens in conjunction 

with maritime business is sufficient to 

denote identity and citizenship when 

presented upon arrival at an air port-ofentry. 

Under this proposed rule, DHS and 

DOS propose that U.S. citizen Merchant 

Mariners may present a valid MMD 

when arriving in the United States at sea 

or land ports-of-entry when traveling in 

conjunction with official maritime 

business. It should be noted that the 

U.S. Coast Guard has proposed to phaseout the MMD over the next five years 

and streamline all existing Merchant 

Mariner credentials.35 DHS and DOS 

propose to accept the MMD as long as 

it is an unexpired document.36

United States citizen Merchant 

Mariners serving on U.S. flag vessels are 

eligible for no-fee U.S. passports upon 

presentation of a letter from the 

employer and an MMD, in addition to 

the standard evidence of citizenship and 

identity. 

5. U.S. Military Identification Card 

Citizens of the United States currently 

are not required to possess a valid 

passport to enter or depart the United 

States when traveling as a member of 

the Armed Forces of the United States 

on active duty under 22 CFR 53.2(d). 

Because the military identification card 

is issued to U.S. citizens of the Armed 

Forces and because U.S. citizen 

members of the U.S. military traveling 

under military orders are, without 

exception, entitled to be admitted to the 

United States, the Secretary of 

Homeland Security proposes to 

determine that a military identification 

card when traveling under official 

orders or permit of the U.S. Armed 

Forces would be an acceptable form of 

alternative documentation when 

presented upon arrival at air, sea, and 

land ports-of-entry. 

Allowing members of the U.S. Armed 

Forces to cross the U.S. borders without 

the need to present a passport is 

necessary to meet the operational 

requirements of the Armed Forces. In 

fact, pursuant to Section 284 of the 

INA,37 alien members of the U.S. Armed 

Forces entering under official orders 

and presenting military identification 

specifically are not required to present 

a passport and visa.38 Imposing a 

passport requirement on U.S. citizens 

who are members of the U.S. Armed 

Forces when there is no such 

requirement for alien members, would 

not be a desired result of the WHTI 

rulemaking. 

Travel document requirements for 

spouses and dependents of U.S. citizen 

members of the U.S. Armed Forces, as 

well as Department of Defense 

contractors and civilian employees, will 

be subject to the same document 

requirements applicable to other arrivals 

at sea and land ports-of-entry otherwise 

specified in this NPRM. 

B. Canadian Citizens and Citizens of 

Bermuda Arriving by Sea or Land 

1. Canadians 

Canadian citizens entering the United 

States at sea and land ports-of-entry 

would be required to present, in 

addition to any applicable visa 

requirements: 39

1. A passport issued by the 

Government of Canada; 40

2. A valid trusted traveler program 

card issued by CBSA or DHS as 

discussed above in Section III.C.1.c, e.g., 

FAST, NEXUS, or SENTRI 41; or 

3. Alternative Canadian citizenship 

and identity documents hereafter 

proposed by Canada and accepted by 

DHS and DOS. 

Additionally, Canadian citizens in the 

NEXUS program who arrive by pleasure 

vessel from Canada would be permitted 

to present a NEXUS membership card in 

lieu of a passport along the northern 

border under the auspices of the remote 

inspection system for pleasure vessels, 

such as the Outlying Area Reporting 

System (OARS).42 Currently, as NEXUS 

members, Canadian recreational boaters 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35095 

43Remote pleasure vessel inspection locations are 

only located on the northern border. 

44See 8 CFR 235.1(g). Canadian holders of a 

Canadian Border Boat Landing Permit (Form I–68) 

would be required to possess a passport, passport 

card, or other document specified in this NPRM 

when arriving in the United States in combination 

with the Form I–68 and would be required to show 

this documentation when applying for or renewing 

the Form I–68. 

45For example, commercial vessels would be 

treated as arrivals at sea ports-of-entry. A 

commercial vessel is any civilian vessel being used 

to transport persons or property for compensation 

or hire to or from any port or place. A charter vessel 

that is leased or contracted to transport persons or 

property for compensation or hire to or from any 

port or place would be considered an arrival by sea 

under this rule. Arrivals by travelers on fishing 

vessels, research or seismic vessels, other servicetype vessels (such as salvage, cable layers, etc.), or 

humanitarian service vessels (such as rescue vessels 

or hospital ships) would all be considered as 

arrivals by sea. 

46See 8 CFR 212.1(c)(1)(i); also 22 CFR 41.2 (g). 

If Mexicans are only traveling within a certain 

geographic area along the United States’ border 

with Mexico: usually up to 25 miles from the border 

but within 75 miles under the exception for Tucson, 

Arizona, they do not need to obtain a form I–94. If 

they travel outside of that geographic area, they 

must obtain an I–94 from CBP at the port-of-entry. 

8 CFR 235.1(h)(1). 

47See 8 CFR 212.1(c)(1)(ii). 

can report their arrival to CBP by 

telephone.43 Otherwise, these pleasure 

vessel travelers would be required to 

report in person to a port-of-entry in 

order to enter the United States.44

Both DHS and DOS have engaged 

with the Government of Canada and 

various provinces in discussions of 

alternative documents that could be 

considered for border crossing use at 

land and sea ports of entry under this 

rule. For instance, one Canadian office, 

Indians and Northern Affairs Canada, is 

in the process of issuing a card to 

registered Indians. This alternative 

document and any other alternative 

identity and citizenship document 

issued by the Government of Canada 

will be considered, as appropriate, in 

the course of this rulemaking. While we 

are not in a position to propose a 

complete list of alternative Canadian 

documents we will continue to engage 

in discussions of alternatives and 

welcome comments suggesting 

alternative Canadian documents. 

In fact, various Canadian provinces 

have indicated their interest or intention 

in pursuing pilots of enhanced driver’s 

licenses similar to the Washington State 

and DHS pilot (described below). 

Because documents accepted for border 

crossing under WHTI must denote 

citizenship, the participation of the 

Government of Canada in 

determinations of citizenship on behalf 

of its citizens, and recognition of this 

determination, is a strong consideration 

by the United States in the acceptance 

of documents by Canadian citizens. 

Therefore, at this time, DHS and DOS 

are not proposing to accept documents 

from Canadian citizens other than those 

described above. We will, however, 

consider other documents, as described 

above and in Section IV.D., as 

appropriate. 

2. Bermudians 

Under this proposed rule, all 

Bermudian citizens would be required 

to present a passport issued by the 

Government of Bermuda or the United 

Kingdom when seeking admission to the 

United States at all sea or land ports-ofentry, including travel from within the 

Western Hemisphere. 

C. Mexican Nationals Arriving by Sea or 

Land 

Under this proposed rule, all Mexican 

nationals would be required to present 

either (1) A passport issued by the 

Government of Mexico and a visa when 

seeking admission to the United States, 

or (2) a valid Form DSP–150, B–1/B–2 

laser visa Border Crossing Card (BCC) 

when seeking admission to the United 

States at land ports-of-entry or arriving 

by pleasure vessel or by ferry from 

Mexico. 

For purposes of this rule, a pleasure 

vessel is defined as a vessel that is used 

exclusively for recreational or personal 

purposes and not to transport 

passengers or property for hire. A ferry 

is defined as any vessel: (1) Operating 

on a pre-determined fixed schedule; (2) 

providing transportation only between 

places that are no more than 300 miles 

apart; and (3) transporting passengers, 

vehicles, and/or railroad cars. We note 

that ferries are subject to land bordertype entry processing on arrival from, or 

departure to, a foreign port or place. 

Arrivals aboard all vessels other than 

ferries and pleasure vessels would be 

treated as sea arrivals.45

1. Border Crossing Card (BCC) 

DOS issues BCCs to Mexican 

nationals who come to the United States 

on a regular basis. Since 1998, every 

new BCC contains a biometric identifier, 

such as a fingerprint, and a machinereadable zone (MRZ). In order to obtain 

a new BCC, a Mexican traveler must 

have a passport. Because the BCC is a 

B–1/B–2 visa, the State Department 

issuance process is nearly identical to 

that of other visas, with the attendant 

background checks and interviews 

necessary for security purposes. 

Mexican nationals who hold a BCC 

will be allowed to use their BCC for 

entry at the land border and when 

arriving by ferry or pleasure vessel in 

lieu of a passport for travel within 25 

miles of the border with Mexico (75 

miles for the Tucson, Arizona region) 

and no longer than a 30-day stay in the 

United States. For travel outside of these 

geographical limits or a stay over 30 

days, under the proposed rule, Mexican 

nationals possessing a BCC would also 

be required to obtain a Form I–94 from 

CBP at the POE, as is currently the 

practice.46 The BCC would not be 

permitted in lieu of a passport for 

commercial or other sea arrivals in the 

United States. 

2. Trusted Traveler Program Use 

We propose continuing the current 

practice that Mexican nationals may not 

use the FAST or SENTRI card in lieu of 

a passport or BCC. These participants, 

however, would continue to benefit 

from expedited border processing. 

Mexican nationals applying for the 

FAST program on the southern border 

and applying for the SENTRI program 

must present a valid passport and valid 

visa or valid laser visa/BCC when 

applying to CBP for membership. CBP 

then reviews the applications and issues 

the cards. 

3. Elimination of Passport Waiver to 

Obtain Documents at Mexican 

Consulate in United States 

Mexican nationals who enter the 

United States from Mexico solely to 

apply for a Mexican passport or other 

‘‘official Mexican document’’ at a 

Mexican consulate in the United States 

located directly adjacent to a land portof-entry currently are not required to 

present a valid passport. This type of 

entry generally occurs at land borders.47

There is no basis under section 7209, as 

amended, to exempt Mexican nationals 

coming to the United States to apply for 

a passport from the general 

requirements of WHTI. This proposed 

rule would eliminate this exception to 

the passport requirement for Mexican 

nationals. Under the proposed rule, all 

Mexican nationals will be required to 

have a passport with a visa or a BCC to 

enter the United States. 

D. Other Approved Documents 

DHS and DOS remain committed to 

considering travel documents developed 

by the various U.S. States and the 

Governments of Canada and Mexico in 

the future that would denote identity 

and citizenship and would also satisfy 

section 7209 of IRTPA. 

Under this proposed rule, DHS 

proposes to consider as appropriate, 

documents such as State driver’s 

licenses that satisfy the WHTI 


rwilkins on PROD1PC63 with PROPOSALS2
35096 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

48For more information on this pilot program, see 

http://www.dhs.gov. 

49See REAL ID NPRM at 72 FR 10819. 

50For U.S. citizens, a government-issued photo 

identification combined with a Consular Report of 

Birth Abroad or a Certificate of Naturalization could 

also be presented. 

51See 19 CFR 4.7b (vessel arrivals) and 19 CFR 

4.64 (vessel departures). 

requirements by denoting identity and 

citizenship. These documents could be 

from a State, tribe, band, province, 

territory, or foreign government if 

developed in accordance with pilot 

program agreements between those 

entities and DHS. In addition to 

denoting identity and citizenship, these 

documents will have compatible 

technology, security criteria, and 

respond to CBP’s operational concerns. 

These documents would be 

announced and updated by publishing a 

notice in the Federal Register. A list of 

such programs and documents would 

also be maintained on the CBP Web site. 

It is anticipated that the Secretary of 

Homeland Security would designate 

successful pilot program documents that 

satisfy section 7209 and the technology, 

security, and operational concerns 

discussed above as documents 

acceptable for travel under section 7209. 

At the completion of a successful pilot, 

the Department would designate a 

document by rulemaking. 

For example, the State of Washington 

(Washington) has begun a voluntary 

program to develop an ‘‘enhanced 

driver’s license’’ and identification card 

that would denote identity and 

citizenship. On March 23, 2007, the 

Secretary of Homeland Security and the 

Governor of Washington signed a 

Memorandum of Agreement to develop, 

issue, test and evaluate an enhanced 

driver’s license and identification card 

with facilitative technology to be used 

for border crossing purposes.48

On March 9, 2007, DHS published in 

the Federal Register an NPRM 

concerning minimum standards for 

State-issued driver’s licenses and 

identification cards that can be accepted 

for official purposes in accordance with 

the REAL ID Act.49 DHS encourages 

States interested in developing driver’s 

licenses that will meet both the REAL ID 

and WHTI requirements to work closely 

with DHS to that end. 

E. Timing of Changes and Effective Date 

for Final Rule 

1. Satisfactory Evidence of Citizenship 

Reducing the well-known 

vulnerability posed by those who might 

illegally purport to be U.S. or foreign 

citizens trying to enter the U.S. by land 

or sea on a mere oral declaration is 

imperative. As we move towards WHTI 

implementation, it is the intention of 

DHS to end the routine practice of 

accepting oral declarations alone 

starting January 31, 2008. CBP will 

retain its discretionary authority to 

request additional documentation when 

warranted and to make individual 

exceptions in extraordinary 

circumstances when oral declarations 

alone or with other alternative 

documents may be accepted. Beginning 

January 31, 2008, DHS will expect the 

satisfactory evidence of U.S. or 

Canadian citizenship to include either 

of the following documents or groups of 

documents: (1) A document specified in 

this NPRM as WHTI-compliant for that 

individual’s entry; or (2) a governmentissued photo identification document 

presented with a birth certificate.50 CBP 

will also act according to the procedures 

for children outlined in Sections V.B.1. 

and V.B.2 beginning January 31, 2008. 

2. Implementation and Effective Date of 

Final Rule 

At a date to be determined by the 

Secretary of Homeland Security, in 

consultation with the Secretary of State, 

the Departments will implement the full 

requirements of the land and sea phase 

of WHTI. The implementation date will 

be determined based on a number of 

factors, including the progress of actions 

undertaken by the Department of 

Homeland Security to implement the 

WHTI requirements and the availability 

of WHTI compliant documents on both 

sides of the border. 

DHS and DOS expect the date of full 

WHTI implementation to be in the 

summer of 2008. The precise 

implementation date will be published 

in the Final Rule or will separately be 

published, with at least 60 days notice, 

in the Federal Register. 

V. Special Rules for Specific Groups of 

Travelers Permitted To Use Other 

Alternative Documents 

Even though DHS and DOS have 

presented generally applicable 

document requirements above, in 

reviewing the security and travel 

considerations for the sea and land 

environments, the Departments believe 

there are certain special circumstances 

for specific groups of travelers that 

warrant permitting use of other 

documents. For these specific groups of 

travelers, within these limited 

circumstances, the Secretary of 

Homeland Security proposes that the 

delineated documents be accepted for 

travel as discussed. 

There are other groups of travelers 

that fall outside the scope of section 

7209 and are therefore not subject to 

these requirements. The documents 

permitted for these populations under 

the foregoing special circumstances are 

also explained below. 

A. U.S. Citizen Cruise Ship Passengers 

Because of the nature of round trip 

cruise ship travel, DHS has determined 

that when U.S. citizens depart from and 

reenter the United States on board the 

same cruise ship, they pose a low 

security risk in contrast to cruise ship 

passengers who embark in foreign ports. 

Although round trip cruises may stop 

in foreign ports (e.g., some east coast 

cruises stop in the Caribbean and some 

cruises in the Pacific Northwest may 

include land excursions in Canada), 

there are reasons why U.S. citizens 

aboard these cruises pose a low security 

risk. First, on round trip cruises, 

passengers who depart from the United 

States would have their documents 

checked both when they depart from the 

United States and when they return to 

the United States. Under current 

Advanced Passenger Information 

System (APIS) requirements,51 the 

cruise lines are required to check the 

accuracy of the travel documents for all 

departing passengers. The passenger 

information is transmitted to CBP well 

before the return of the cruise ship. 

While on the voyage, the cruise lines 

also check the identity of passengers as 

they return to the ship at various ports 

of call along the voyage. CBP has 

worked with the cruise lines to establish 

proper security protocols for these 

voyages and will continue to work with 

the cruise lines on security protocols in 

the future. 

When the cruise ships return to the 

United States, CBP officers examine the 

documents of the incoming passengers 

as they would for other cruise 

passengers. Because of the advanced 

passenger information supplied to CBP 

upon departure and because of CBP’s 

ability to check this passenger data 

against the information supplied by 

passengers upon return to the United 

States, the security risks associated with 

allowing U.S. citizens to use the 

documents described below are low. 

Accordingly, and in response to 

public comments, DHS and DOS 

propose the following alternative 

document requirement for U.S. cruise 

ship passengers. For purposes of the 

proposed rule, a cruise ship is defined 

as a passenger vessel over 100 gross 

tons, carrying more than 12 passengers 

for hire, making a voyage lasting more 

than 24 hours any part of which is on 

the high seas, and for which passengers 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35097 

52For this proposed rule, DHS proposes to adopt 

the definition of a cruise ship used by the U.S. 

Coast Guard. See 33 CFR 101.105. 

are embarked or disembarked in the 

United States or its territories.52

U.S. cruise ship passengers traveling 

within the Western Hemisphere would 

be permitted to present a government 

issued photo identification document in 

combination with either (1) An original 

or a certified copy of a birth certificate, 

(2) a Consular Report of Birth Abroad 

issued by DOS, or (3) a Certificate of 

Naturalization issued by U.S. 

Citizenship and Immigration Services 

(USCIS), when returning to the United 

States, under certain conditions: 

• The passengers must board the 

cruise ship at a port or place within the 

United States; and 

• The passengers must return on the 

same ship to the same U.S. port or place 

from where they originally departed. 

All passengers arriving on a cruise 

ship that originated at a foreign port or 

place would have to present travel 

documents that comply with applicable 

document requirements otherwise 

specified in this NPRM when arriving in 

the United States. For voyages where 

the cruise ship originated in the United 

States, if any new passengers board the 

ship at a foreign port or place, the new 

passengers would have to present travel 

documents that comply with applicable 

document requirements otherwise 

specified in this NPRM when arriving in 

the United States. U.S. citizen cruise 

ship passengers that would fall under 

this alternative document requirement 

are reminded to carry appropriate travel 

documentation to enter any foreign 

countries or stops on the cruise. 

B. U.S. and Canadian Citizen Children 

The U.S. government currently 

requires all children arriving from 

countries outside the Western 

Hemisphere to present a passport when 

entering the United States. Currently, 

children (like adults) from the United 

States, Canada, and Bermuda are not 

required to present a passport when 

entering the United States from 

contiguous territory or adjacent islands 

by sea or land, excluding Cuba. Mexican 

children are currently required to 

present either a passport and visa or 

BCC upon arrival in the United States, 

as discussed above. 

DHS and DOS considered extending 

this passport requirement to all U.S. and 

Canadian children entering the United 

States by sea or land from within the 

Western Hemisphere as well; however, 

many public comments have expressed 

a desire for an exception to be made for 

these children traveling across 

international borders, primarily in the 

land environment. 

Because DHS and DOS believe that 

these children traveling in the sea and 

land environments pose a low security 

risk, DHS, in consultation with DOS, 

proposes the procedures below. 

Mexican children are currently 

required to present either a passport and 

visa or BCC upon arrival in the United 

States, as discussed above. DHS and 

DOS do not propose to change the 

current document requirements for 

Mexican children entering the United 

States because Mexican children must 

now present either a passport and visa 

or BCC upon arrival in the United States 

from contiguous territory. As discussed 

above, IRTPA directs DHS to implement 

a plan to require documents for citizens 

for whom the general passport 

requirements have previously been 

waived, not to eliminate document 

requirements currently in place. 

1. Children Under Age 16 

Under the proposed rule, all U.S. 

citizen children under the age of 16 

would be permitted to present either (1) 

An original or a certified copy of a birth 

certificate; (2) a Consular Report of Birth 

Abroad issued by DOS; or (3) a 

Certificate of Naturalization issued by 

USCIS at all sea and land ports-of-entry 

when arriving from contiguous territory. 

Canadian citizen children under the age 

of 16 would be permitted to present an 

original or a certified copy of a birth 

certificate at all sea and land ports-ofentry when arriving from contiguous 

territory. 

DHS and DOS have determined that 

16 is the most appropriate age to begin 

the requirement to present a passport, 

passport card (for U.S. citizens), or other 

approved document because at that age 

most states begin issuing photo 

identification to children, such as a 

driver’s license, and at that point, the 

child would consequently, have a 

known and established identity that 

could be readily accessed by border 

security and law enforcement 

personnel. CBP officers at the border 

could more easily determine if the 

traveler was wanted for a federal crime, 

or if the person had been listed as 

missing in a Federal database. Also, age 

16 is the age that DOS begins to issue 

adult passports, valid for 10 years 

instead of 5 years for children. DHS and 

DOS also recognize that it is difficult for 

the majority of children under 16 to 

obtain a form of government-issued 

photo identification other than a 

passport or passport card. U.S. and 

Canadian children age 16 and over who 

arrive from contiguous territory would 

be subject to the WHTI document 

requirements specified below or 

otherwise specified in this NPRM. 

In order to facilitate law enforcement 

functions, DHS and DOS recommend 

that those attempting to enter the United 

States with children under the age of 16 

have verbal or written evidence of 

parental consent for the child to travel 

internationally. For example, both 

parents or legal guardians, or one parent 

or guardian with sole custody, may 

provide written consent for a child’s 

international travel with an adult who is 

not that child’s parent or guardian. 

2. Groups of Children Under Age 19 

In Section 546 of the DHS 

Appropriations Act of 2007, Congress 

expressed an interest that an alternative 

procedure be developed for groups of 

children traveling across an 

international border under adult 

supervision with parental consent. 

Under this proposed rule, U.S. and 

Canadian citizen children under age 19, 

who are traveling with public or private 

school groups, religious groups, social 

or cultural organizations, or teams 

associated with youth sport 

organizations that arrive at U.S. sea or 

land ports-of-entry from contiguous 

territory, would be permitted to present 

either (1) An original or a certified copy 

of a birth certificate; (2) a Consular 

Report of Birth Abroad issued by DOS; 

or (3) a Certificate of Naturalization 

issued by USCIS, when the groups are 

under the supervision of an adult 

affiliated with the organization 

(including a parent of one of the 

accompanied children who is only 

affiliated with the organization for 

purposes of a particular trip) and when 

all the children have parental or legal 

guardian consent to travel. For purposes 

of this alternative procedure, an adult 

would be considered to be a person age 

19 or older, and a group would consist 

of two or more people. 

The group, organization, or team 

would be required to contact CBP upon 

crossing the border at the port-of-entry 

where it will cross and provide on 

organizational letterhead: (1) The name 

of the group, organization or team and 

the name of the supervising adult; (2) a 

list of the children on the trip; (3) for 

each child, the primary address, 

primary phone number, date of birth, 

place of birth, and name of at least one 

parent or legal guardian; and (4) the 

signature of the supervising adult 

certifying that he or she has obtained 

parental or legal guardian consent for 

each participating child. The group, 

organization, or team would be able to 

demonstrate parental or legal guardian 

consent by having the adult leading the 

group sign and certify in writing that he 


rwilkins on PROD1PC63 with PROPOSALS2
35098 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

53See 72 FR 10095. 

54See Section 211(b) of the INA, 8 U.S.C. 1181(b). 

55See 8 CFR 211.1. 

56See 71 FR 42605. 

57See 8 U.S.C. 1354. 

58See 8 CFR 235.1(c). 

59See 8 U.S.C. 1354. 

60Agreement Between the Parties to the North 

Atlantic Treaty Regarding the Status of Their 

Forces, June 19, 1951, [1953, pt.2] 4 U.S.T. 1792, 

T.I.A.S. No. 2846 (effective Aug. 23, 1953). NATO 

member countries are: Belgium, Bulgaria, Canada, 

the Czech Republic, Denmark, Estonia, France, 

Germany, Greece, Hungary, Iceland, Italy, Latvia, 

Lithuania, Luxembourg, the Netherlands, Norway, 

Poland, Portugal, Romania, Slovakia, Slovenia, 

Spain, Turkey, the United Kingdom of Great Britain 

and Northern Ireland, and the United States. 

61See 8 CFR 235.1(c). 

or she has obtained parental or legal 

guardian consent for each participating 

child. 

For Canadian children, in addition to 

the information indicated above, a trip 

itinerary, including the stated purpose 

of the trip, the location of the 

destination, and the length of stay 

would be required. 

As it is structured, we believe most of 

the groups utilizing this alternative 

procedure would be high school groups 

or groups containing children aged 16 to 

18. Based on experience, there is little, 

if any, risk of child trafficking or 

parental abduction in the group travel 

context. To avoid delays upon arrival at 

a port-of-entry, CBP would recommend 

that the group, organization, or team 

provide this information well in 

advance of arrival, and would 

recommend that each participant 

traveling on an original or certified copy 

of a birth certificate, Consular Report of 

Birth Abroad, or Certificate of 

Naturalization carry a government or 

school issued photo identification 

document, if available. Travelers with 

the group who are age 19 and over 

would be subject to the generally 

applicable travel document 

requirements specified in 8 CFR parts 

211, 212 or 235 and 22 CFR parts 41 or 

53. 

3. Alternative Approach for Children; 

Parental Consent 

DOS and DHS also seek comments 

regarding approaches to ensuring proper 

documentation to address concerns 

about child abduction, parental 

kidnapping, and trafficking in children 

across U.S. borders. 

DOS’s Office to Monitor and Combat 

Trafficking in Persons estimates that 

approximately half the victims of 

trafficking who enter the United States 

are minors. At any one time, there are 

approximately 700 open cases of 

parental child abduction across the 

United States borders with Canada and 

Mexico. 

In light of concerns about the safety 

of children, the American public 

supported changes in passport 

processing beginning in 1999 to require 

evidence of parental consent. Currently, 

DOS requires the execution of a 

passport application by both parents or 

legal guardian(s) before the passport 

agent or passport acceptance agent as a 

precondition to the issuance of a 

passport to a child under 14. On March 

7, 2007, DOS published for public 

comment a rule proposing to require the 

execution of a passport application by 

both parents or legal guardian(s) for a 

passport application pertaining to a 

minor under the age of 16.53

Furthermore, parents are making use of 

the DOS Children’s Passport Issuance 

Alert System. Under this system, DOS 

notifies a parent or court ordered legal 

guardian, when requested, before 

issuing a U.S. passport for his or her 

child. 

DOS and DHS are soliciting 

comments on whether a traditional 

passport or a passport card should be 

required for any child under 16 entering 

the United States not in a group without 

his/her parents. DOS and DHS are also 

soliciting comments on what would be 

the advantages and disadvantages to 

requiring a traditional passport or a 

passport card, and not allowing child 

travelers in such circumstances to rely 

upon a birth certificate, Consular Record 

of Birth Abroad, or Certificate of 

Naturalization. 

C. Lawful Permanent Residents of the 

United States 

Section 7209 of IRTPA does not apply 

to Lawful Permanent Residents (LPRs), 

because LPRs are immigrant aliens 

exempted from the requirement to 

present a passport under section 211(b) 

of the INA. LPRs will continue to be 

able to enter the United States upon 

presentation of a valid Form I–551, 

Permanent Resident Card 54 or other 

evidence of permanent resident status.55

We note that DHS published a notice 

of proposed rulemaking in the Federal 

Register on July 27, 2006, that proposes 

to collect and verify the identity of LPRs 

arriving at air and sea ports-of-entry, or 

requiring secondary inspection at land 

ports-of-entry, through US–VISIT.56

CBP Trusted Traveler program members 

(FAST, SENTRI or NEXUS) who are 

LPRs must always carry their Form 

I–551 cards in addition to their 

membership card. 

D. Alien Members of the U.S. Armed 

Forces 

Pursuant to Section 284 of the INA,57

alien members of the U.S. Armed Forces 

entering under official orders presenting 

military identification are not required 

to present a passport and visa.58

Because this statutory exemption does 

not fall within the scope of section 7209 

of IRTPA, under this proposed rule, 

alien members of the U.S. Armed Forces 

traveling under orders would continue 

to be exempt from the requirement to 

present a passport when arriving in the 

United States at sea and land ports-ofentry. Accordingly, under this NPRM, 

alien members of the U.S. Armed Forces 

traveling under official orders or permit 

of the Armed Forces would be permitted 

to present those orders and a military 

identification card in lieu of a passport 

when entering the United States at air, 

sea, and land ports-of-entry. However, 

spouses and dependents of military 

members are not covered by the 

exemption set forth in section 284 of the 

INA.59 Under this proposed rule, 

spouses and dependents of these alien 

military members, unless they are LPRs, 

will be subject to the same document 

requirements as other sea and land 

border arrivals otherwise specified in 

this NPRM or the INA. 

E. Members of NATO Armed Forces 

Pursuant to Article III of the 

Agreement Between the Parties to the 

North Atlantic Treaty Regarding the 

Status of Their Forces, June 19, 1951,60

North Atlantic Treaty Organization 

(NATO) military personnel on official 

duty are normally exempt from passport 

and visa regulations and immigration 

inspection on entering and leaving the 

territory of a NATO party, but, if asked, 

must present a personal identification 

card issued by their NATO party of 

nationality and official orders from an 

appropriate agency of that country or 

from NATO.61 Because their exemption 

from the passport requirement is based 

on the NATO Status of Forces 

Agreement rather than a waiver under 

section 212(d)(4)(B), they are not subject 

to section 7209 of IRTPA. Therefore, 

notwithstanding this proposed rule, 

NATO military personnel would not be 

subject to the requirement to present a 

passport when arriving in the United 

States at sea and land ports-of-entry. 

F. American Indian Card Holders From 

Kickapoo Band of Texas and Tribe of 

Oklahoma 

U.S. Citizenship and Immigration 

Services (USCIS) issues American 

Indian Cards (Form I–872) to members 

of the Kickapoo Band of Texas and 

Tribe of Oklahoma to document their 

status. The American Indian Card is 

issued pursuant to the Texas Band of 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35099 

62See Texas Band of Kickapoo Act, Pub. L. 97–

429, 96 Stat. 2269 (1983). 

63 In 1924, Congress conferred United States 

citizenship on all Native Americans born in the 

United States. Act of June 2, 1924, ch. 233, 43 Stat. 

253, codified as INA § 301(b), 8 U.S.C. 1401(b). 

64See Federal Power Commission v. Tuscarora 

Indian Nation, 362 U.S. 99, 120 (1960); Taylor v. 

Ala. Intertribal Council Title IV J.T.P.A., 261 F.3d 

1032, 1034–1035 (11th Cir. 2001). 

65See Constitution, I, § 8, cl.3; Cherokee Nation 

v. Georgia, 30 U.S. 1, 17 (1831); Worcester v. 

Georgia, 31 U.S. 515, 561 (1832); U.S. v. Sandoval, 

231 U.S. 28, 46–47 (1913). 

66 Morton v. Mancari, 417 U.S. 535, 551–55. 

67From our consultations with Native American 

communities, DHS understands that members of a 

number of federally recognized tribes maintain 

contact with ethnically related people across our 

land border. For example, the Kumeyaay of 

California, Tohono O’odham of Arizona, Kickapoo 

of Texas, Oklahoma and Kansas, and 

Haudenosaunee or Six Nations of the New York 

State area maintain contact with ethnically related 

people on the other side of border. We also have 

been told that the three Kickapoo bands in the 

United States all lay their dead to rest in a 

traditional cemetery in Mexico. Traditional border 

crossings may continue for these and similar 

historic, religious and cultural purposes. 

Kickapoo Act of 1983 (TBKA), 25 U.S.C. 

1300b–13. There are two versions of the 

American Indian Card: (1) For 

Kickapoos who opted to become U.S. 

citizens under the TBKA (the filing 

deadline for this benefit closed in 1989) 

and (2) for Kickapoos who opted not to 

become U.S. citizens, but instead were 

afforded ‘‘pass/repass’’ status. 

We note that by Federal law, all of the 

Kickapoo Indians described above, 

whether or not they are U.S. citizens, 

may ‘‘pass the borders’’ between Mexico 

and the United States,62 which has 

historically applied to land border 

crossings. We propose to continue the 

current practice of allowing U.S. citizen 

and Mexican national Kickapoo Indians 

to enter and exit the United States using 

their American Indian Cards, issued by 

USCIS, as an alternative to the 

traditional passport or passport card at 

all sea and land border ports-of-entry. 

Under the proposed rule, U.S. citizen 

members of the Kickapoo Band of Texas 

and Tribe of Oklahoma would be 

permitted to present the Form I–872 

American Indian Card in lieu of a 

passport or passport card at all sea and 

land ports of entry when arriving from 

contiguous territory or adjacent islands. 

Mexican national members of the 

Kickapoo Band of Texas and Tribe of 

Oklahoma would be permitted to 

present the I–872 in lieu of either a 

passport and visa or BCC at sea and land 

ports-of-entry when arriving from 

contiguous territory or adjacent islands. 

G. Members of United States Native 

American Tribes 

IRTPA expressly applies to all United 

States citizens. Federal statutes apply to 

Native Americans born in the United 

States 63 absent some clear indication 

that Congress did not intend the statute 

to apply.64 However, the United States 

has a special relationship, founded in 

the Constitution, with its Native 

American tribes.65 This relationship 

permits special rules for Native 

American members of federally 

recognized United States tribes.66

Comments on the ANPRM and 

consultations with United States Native 

American tribes have emphasized the 

particular impact which a new 

document requirement may have on 

Native Americans belonging to United 

States tribes who continue to cross the 

land borders for traditional historic, 

religious, and other cultural purposes. A 

number of border tribes are particularly 

concerned that their members will be 

required to obtain a passport card or 

other alternative document to maintain 

contact with ethnically related 

communities, including, for some tribes, 

members who live on traditional land in 

Mexico or Canada. 

1. Proposed Acceptance of Satisfactory 

Tribal Enrollment Documents at 

Traditional Border Crossing Points for 

Tribes Who Continue Traditional Land 

Border Crossings 

DHS and DOS do not propose to 

accept any particular tribal enrollment 

documents as part of this NPRM. DHS 

and DOS do propose, however, to 

consider such documents for the final 

rule as discussed below. Documents that 

may be found acceptable and so 

designated in the final rule must 

establish the identity and citizenship of 

members of United States tribes. DHS 

and DOS propose to accept such tribal 

enrollment documents only if members 

of the issuing tribe continue to cross the 

land border of the United States for a 

historic, religious or other cultural 

purpose.67 The tribal enrollment card 

must be satisfactory to CBP, may only be 

used at that tribe’s traditional border 

crossing points and will only be 

accepted so long as that tribe cooperates 

with the verification and validation of 

the document. These tribes must also 

cooperate with CBP on the enhancement 

of their documents in the future as a 

condition for the continued acceptance 

of the document. 

DHS and DOS invite comments from 

those United States tribes that enroll 

members who continue to cross the 

border for a traditional purpose. Any 

tribe that wishes to propose its tribal 

enrollment card as an acceptable 

alternative document at one or more 

traditional border crossing points 

should submit comments supporting 

acceptance of its tribal enrollment card 

as an alternative for its members. All 

such comments should explain fully 

why the proposed tribal enrollment card 

should be an acceptable alternative 

document for its members. 

Each comment should explain the 

traditional border crossings of that tribe 

by: 

a. Specifically identifying the 

federally recognized tribe; 

b. Indicating the traditional 

destination or destinations across the 

border that are visited by members of 

the tribe; 

c. Explaining in detail the purpose or 

purposes of all such travel; 

d. Relating all such travel to 

traditional ethnic, religious, cultural or 

other activities of the tribe; 

e. Indicating the frequency of the 

travel; and 

f. Specifying the border crossing point 

or points which are generally utilized to 

travel to each destination. 

If the cross-border travel is 

reciprocated by a tribe, community, or 

band from Canada or Mexico, the 

United States tribe should also fully 

explain the connection with Canadian 

or Mexican Native Americans including 

a complete description of all such travel 

into the United States by individuals 

from the related Native American 

community. 

The record of the rulemaking will 

need to detail the enrollment 

qualifications employed by each United 

States tribe in order to propose the 

acceptance of the tribe’s enrollment 

document. All qualifications for 

membership in any such tribe should be 

fully described in the comments as well 

as whether, and in what circumstances, 

spouses, children or others may be 

‘‘adopted’’ into the tribe. In addition, 

each tribe should indicate the relevant 

categories of information from its 

enrollment records that support the 

acceptance of its tribal enrollment 

document as an acceptable citizenship 

and identity document. Such comments 

should explain and document the 

reliability of each tribe’s records. For 

that reason, tribes interested in pursuing 

this option should indicate the 

information that it is willing to make 

available to CBP from tribal enrollment 

records. At a minimum, CBP will need 

to verify the names, residences, and 

birthplaces of enrolled tribal members, 

the identity of the parents of enrolled 

tribal members who were not born in 

the United States, and the procedures 

followed by each tribe to document all 

such information contained in its 

enrollment records. 

DHS and DOS also welcome 

comments concerning the determination 


rwilkins on PROD1PC63 with PROPOSALS2
35100 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

68See 8 U.S.C. 1359. 

69See 8 U.S.C. 1185(c). 

70See 8 CFR 215.1(e) and 22 CFR 50.1. 

71Article 20 of the 1944 Treaty Between the 

United States and Mexico (regarding division of 

boundary water and the functions of International 

Boundary and Water Commission), TS 922, Bevan 

1166, 59 Stat. 1219; 8 CFR 212.1(c)(5). 

of which cards are satisfactory as well 

as information concerning the specific 

features of each tribal enrollment card 

used by tribal members who continue to 

cross the land border for a traditional 

purpose. All biometric and other 

security features on each card should be 

described in full in the comments and 

a life size image of both sides of a 

sample card should be submitted for the 

record with each set of comments. 

Comments must also include a 

description of the issuance process used 

by the tribe to physically issue the tribal 

enrollment document. DHS and DOS are 

particularly interested in the materials 

and techniques used to ensure that the 

tribal enrollment document cannot be 

obtained improperly. This description 

must also include a description of the 

physical security features utilized to 

ensure that documents are not issued to 

individuals who are not qualified to 

receive such documents. 

A tribe that issues an acceptable tribal 

enrollment document may be asked to 

regularly provide CBP with an 

electronic copy of current relevant 

information from its tribal enrollment 

roles for purposes of verifying and 

validating tribal enrollment documents. 

Comments should indicate whether the 

tribe is willing and able to provide this 

information on an ongoing basis. 

DHS and DOS are also sensitive to the 

privacy of tribal enrollment records not 

related to the establishment of identity 

and citizenship such as alternative tribal 

names. Comments explaining specific 

privacy and other concerns related to 

the sharing of tribal enrollment 

information are particularly encouraged. 

Each tribe which proposes a tribal 

enrollment card as an alternative border 

crossing document should indicate 

whether the tribe is willing to cooperate 

with CBP on the enhancement of the 

document in the future. 

Tribes will only have the opportunity 

to participate in the shaping of the 

standards for tribal documents through 

this rulemaking. Therefore any tribe that 

is considering submitting the 

information outlined above must do so 

through this rulemaking process, as 

outlined in this NPRM. 

2. Possible Alternative Treatment of 

United States Native Americans 

DHS and DOS are also considering 

alternative approaches and invite 

comments on the following approaches: 

• Make no special provision for U.S. 

Native Americans because they have an 

equal opportunity to obtain the same 

documents that are available to all other 

U.S. citizens. 

• Consider broader issuance of the 

American Indian Card now issued to 

members of the federally recognized 

Kickapoo Tribes or a similar card. 

• Accept tribal enrollment cards from 

tribes whose members continue 

traditional border crossings without any 

limitation on the border crossing point 

or points where each such tribal 

enrollment card is accepted. 

• Accept all tribal enrollment cards 

from all federally recognized Native 

American tribes at some or all border 

crossing points. 

DHS and DOS specifically request 

comments on these alternatives and 

suggestions for any other alternatives for 

U.S. Native Americans. 

H. Canadian Indians 

Section 289 of the INA 68 refers to the 

‘‘right’’ of Native Americans born in 

Canada to ‘‘pass the borders of the 

United States,’’ provided they possess at 

least 50 percent of Native American 

blood. Under this proposed rule, 

Canadian members of First Nations or 

‘‘bands’’ would be permitted to enter the 

United States at traditional border 

crossing points with tribal membership 

documents subject to the same 

conditions applicable to United States 

Native Americans. Canadian First 

Nations or bands who seek to have their 

tribal enrollment cards accepted for 

border crossing purposes should submit 

comments for the record which contain 

the information requested in subsection 

G for comparable federally recognized 

U.S. tribes. 

As previously noted, the new Indian 

and Northern Affairs Canada card may 

also be accepted as satisfactory evidence 

of the citizenship and identity of 

registered Canadian Indians. 

I. Sea Travel From Territories Subject to 

the Jurisdiction of the United States 

As we stated in the Air Rule, for 

purposes of the passport requirement of 

section 215(c) of the INA,69 the term 

‘‘United States’’ includes all territory 

and waters, continental or insular, 

subject to the jurisdiction of the United 

States. The United States, for purposes 

of section 215 of the INA and section 

7209 of the IRTPA, includes Guam, 

Puerto Rico, the U.S. Virgin Islands, 

American Samoa, Swains Island, and 

the Commonwealth of the Northern 

Mariana Islands.70 Because section 

7209, applies only to persons traveling 

between the United States and foreign 

countries, these requirements to carry 

specified documents will not apply to 

United States citizens and nationals 

who travel directly between parts of the 

United States, as defined in section 

215(c) of the INA, without touching at 

a foreign port or place. 

J. Outer Continental Shelf Employees 

In response to comments received to 

the ANPRM and Air/Sea NPRM, DHS 

and DOS are clarifying that offshore 

workers who work aboard Mobile 

Offshore Drilling Units (MODUs) 

attached to the United States Outer 

Continental Shelf (OCS), and who travel 

to and from MODUs, would not need to 

possess a passport or other designated 

document to re-enter the United States 

if they do not enter a foreign port or 

place. Upon return to the United States 

from a MODU, such an individual 

would not be considered an applicant 

for admission for inspection purposes 

under 8 CFR 235.1. Therefore, this 

individual would not need to possess a 

passport or other designated document 

when returning to the United States. 

However, an individual who travels to 

a MODU from outside of the United 

States and, therefore, has not been 

previously inspected and admitted to 

the United States, would be required to 

possess a passport and visa, if required, 

or other designated document when 

arriving at the U.S. port-of-entry. 

DHS and DOS note that for 

immigration purposes offshore 

employees on MODUs underway, which 

are not considered attached, would not 

need to present a passport or other 

designated document for re-entry to the 

United States mainland or other 

territory if they do not enter a foreign 

port or place during transit. However, 

an individual who travels to a MODU 

from outside the United States OCS and, 

therefore, has not been previously 

inspected and admitted to the United 

States, would be required to possess a 

passport and visa or other designated 

document when arriving at the United 

States port-of-entry by sea. 

K. International Boundary and Water 

Commission Employees 

Alien direct and indirect employees 

of the International Boundary and Water 

Commission (IBWC) are not required to 

present a passport and visa when 

seeking admission to the United States 

temporarily in connection with their 

employment.71 Instead, these employees 

usually present IBWC identification 

cards. The exemption is pursuant to 

treaty and thus not affected by IRPTA. 

Accordingly, there is no substantive 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35101 

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

change to the rule regarding alien 

employees of the IBWC. 

U.S. citizen direct and indirect 

employees of the IBWC who enter the 

United States from Mexico in 

connection with their IBWC 

employment would continue to be able 

to present an IBWC identification card. 

L. Individual Cases of Passport Waivers 

The passport requirement may be 

waived for U.S. citizens in certain 

individual cases on a case-by-case 

basis.72 A waiver may be granted in the 

case of an emergency, such as 

individuals in need of emergency 

medical treatment, fire fighters 

responding to a call, emergency workers 

responding to a natural disaster, Medivac (land and air ambulance) cases, sick 

or injured crewmembers, and shipwreck 

or plane crash survivors. A waiver may 

also be granted in other cases of 

humanitarian or national interest.73

M. Summary of Document Requirements 

The following chart summarizes the 

acceptable documents for sea and land 

arrivals from the Western Hemisphere 

under WHTI. 

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

All Travelers (U.S., Can., 

Mex., Berm.) at all sea 

and land POEs.

Valid Passport (and valid 

visa, if necessary for 

foreign travelers).

Yes ................... Yes ................... Yes ................... Yes. 

U.S. Citizens at all sea 

and land POEs when 

arriving from Canada, 

Mexico, the Caribbean, 

and Bermuda.

Valid Passport card ........ Yes ................... Yes ................... Yes ................... Yes. 

Trusted Traveler Members 

at all sea and land 

POEs when arriving 

from contiguous territory 

or adjacent islands.

Trusted Traveler Cards 

(NEXUS, FAST, 

SENTRI).

Yes* .................. Yes* .................. Yes* .................. Yes.* 

U.S. Citizen Merchant 

Mariner on official mariner business at all sea 

and land POEs.

U.S. Merchant Mariners 

Document (MMD).

Yes ................... Yes ................... Yes ................... Yes. 

Mexican Nationals arriving 

from Mexico.

Border Crossing Card 

(BCC).

Yes** ................ Yes** ................ Yes** ................ No. 

Lawful Permanent Residents (LPRs) at all land 

and sea POE.

I–551; I–688 with proper 

stamp; I–327; I–571; I– 

512; other evidence of 

permanent resident 

status.

Yes ................... Yes ................... Yes ................... Yes. 

U.S. Citizen Cruise Ship 

Passengers on round 

trip voyages that begin 

and end in the same 

U.S. port.

Government-issued photo 

ID and certified copy of 

birth certificate.

N/A .................... N/A ................... N/A ................... Yes—for round trip voyages 

that originate in U.S. 

U.S. and Canadian Citizen Children Under 16 

at all sea and land 

POEs when arriving 

from contiguous territory 

or adjacent islands.

Certified copy of birth 

certificate (governmentissued photo ID recommended, but not or 

required).

Yes ................... Yes ................... Yes ................... Yes. 

U.S. and Canadian Citizen Children—Groups 

of Children Under Age 

19, under adult supervision with parental/ 

guardian consent at all 

sea and land POEs 

when arriving from contiguous territory or adjacent islands.

Certified copy of birth 

certificate and parental/ 

guardian consent (government-issued photo 

ID recommended, but 

not required.).

Yes ................... Yes ................... Yes ................... Yes. 

U.S. Citizen/Alien Members of U.S. Armed 

Forces traveling under 

official orders or permit 

at all air, sea and land 

POEs.

Military ID and Official 

Orders.

Yes ................... Yes ................... Yes ................... Yes. 

Members of NATO Armed 

Forces at all sea and 

land POEs.

Military ID and Official 

Orders.

Yes ................... Yes ................... Yes ................... Yes. 


rwilkins on PROD1PC63 with PROPOSALS2
35102 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

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

U.S. and Mexican Kickapoo at all sea and land 

POEs when arriving 

from contiguous territory 

and adjacent islands.

Form I–872 American Indian Card.Yes ................... Yes ................... Yes ................... Yes. 

* 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 

Proposed Amendments 

Based on the discussion above, the 

following changes are necessary to the 

regulations. 

8 CFR 212.0 

This amendment would add a new 

section 212.0 that would define the 

terms ‘‘adjacent islands’’, ‘‘cruise ship’’, 

‘‘ferry’’, ‘‘pleasure vessel’’, and ‘‘United 

States’’ for purposes of § 212.1 and 

§ 235.1 of this subchapter of title 8. 

8 CFR 212.1 

The amendments to this section 

would revise paragraphs (a)(1) and (a)(2) 

to add a requirement that Canadians and 

citizens of the British Overseas Territory 

of Bermuda present a passport when 

seeking admission to the United States 

at sea or land ports-of-entry, except in 

certain enumerated circumstances. The 

amendment designates acceptable 

alternative documents for trusted 

traveler program (NEXUS, FAST, or 

SENTRI) members; children under age 

16; and children under age 19 traveling 

in groups. 

In addition, the amendments to this 

section would revise paragraph (c)(1) by 

deleting the current paragraph (c)(1)(ii), 

which provides a passport exception to 

Mexican nationals obtaining a passport 

at Mexican consulates in the United 

States. The amendment would add a 

new paragraph (c)(1)(ii), allowing 

alternative documentation to be 

presented by Mexican national 

Kickapoo holders of a Form I–872 

American Indian Card. 

8 CFR 235.1 

The amendment to this section would 

revise paragraph (b) to provide that 

certain categories of United States 

citizens may present alternative 

documentation in lieu of a passport 

when they enter the United States. The 

revised paragraph (b) would list the 

acceptable documentation for each 

category of U.S. citizen when they enter 

the United States at sea or land portsof-entry: a passport; a passport card; a 

trusted traveler card (NEXUS, FAST, or 

SENTRI); an unexpired MMD for 

merchant mariners traveling in 

conjunction with official maritime 

business. 

The amendments would designate 

acceptable alternative documents to the 

passport for: U.S. citizen members of the 

Armed Forces of the United States; 

cruise ship passengers on cruises that 

originate and return to the United 

States; children under age 16; children 

under to age 19 traveling in groups; and 

U.S. citizen direct and indirect 

employees of the International 

Boundary and Water Commission 

traveling in connection with 

Commission employment with proper 

identification. 

The amendments to this section also 

remove the current paragraph (d) and 

add a new paragraph (d), which 

provides that the Secretary of Homeland 

Security may designate certain 

documents or combinations of 

documents as sufficient to denote 

identity and citizenship for certain 

approved pilot programs effective upon 

publishing notice in the Federal 

Register. 

22 CFR Part 41 

The amendments to this part would 

add definitions in a new section 

numbered 41.0, delete section 41.1(b) 

and revise sections 41.2(a), (b), and (g). 

These sections currently provide 

passport exceptions for Canadian 

citizens and citizens of the British 

Overseas Territory of Bermuda. In the 

amendments, new language is proposed 

that would require a passport when 

seeking admission to the United States 

at sea or land ports-of-entry from 

contiguous territory within the Western 

Hemisphere, except in certain 

enumerated circumstances. The 

amendments propose the deletion of 

section 41.2(b) and the reservation of 

that subsection for future rulemaking. 

The visa exception for certain Native 

Americans born in Canada is moved to 

revised section 41.2(a). As outlined in 

the preamble, the proposed rule would 

consider designation of a satisfactory 

alternative document for Canadian 

Native Americans belonging to a First 

Nation, tribe, or band whose members 

continue traditional border crossings. 

The proposed amendment would add 

passport exceptions for trusted traveler 

program (NEXUS, FAST, or SENTRI) 

members; children under age 16; and 

children under age 19 traveling in 

groups. 

The amendments to 22 CFR 41.2(g) 

would eliminate the passport exceptions 

for Mexican nationals obtaining a 

passport at Mexican consulates in the 

United States and would add a passport 

exception for Mexican national 

Kickapoo holders of a Form I–872 

American Indian Card. 

22 CFR 53.2 

The proposed amendments to this 

section would add additional categories 

of United States citizens who may 

present alternative documentation in 

lieu of a passport when traveling by 

land and sea. Specifically, the 

amendments would add passport 

exceptions for: U.S. citizen members of 

the Armed Forces of the United States; 

children under age 16; and children 

under age 19 traveling in groups. 

VII. Regulatory Analyses 

A. Executive Order 12866: Regulatory 

Planning and Review 

This rule is considered to be an 

economically significant regulatory 

action under Executive Order 12866 

because it may result in the expenditure 

of over $100 million in any one year. 

Accordingly, this proposed rule has 

been reviewed by the Office of 

Management and Budget (OMB). The 

following summary presents the costs 

and benefits of the proposed rule plus 

a range of alternatives considered. (The 

‘‘Regulatory Assessment’’ can be found 

in the docket for this rulemaking: 

http://www.regulations.gov; see also 

http://www.cbp.gov). There are two 

documents: one document examines the 

impacts of WHTI in the cruise ship 

environment; the second document 

examines the impacts on border 

crossings by land, ferry, and pleasure 

vessels. Comments regarding both of the 

analyses and the underlying 

assumptions are encouraged and may be 

submitted by any of the methods 

described under the ADDRESSES section 

of this document. 

The regulatory assessments 

summarized here consider U.S. travelers 

entering the United States via land 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35103 

74A Study to Determine the Inaugural and 

Annual Demand for U.S. Passports by U.S. Citizens 

Living in and Traveling to Canada, Mexico and the 

Caribbean (U.S. State Department, Prepared by 

Bearing Point Oct. 2005). 

75U.S. Department of Transportation, 

Departmental Guidance for the Valuation of Travel 

Time in Economic Analysis (Memorandum from 

F.E. Kruesi) (April 1997); and U.S. Department of 

Transportation. Revised Departmental Guidance, 

Valuation of Travel Time in Economic Analysis 

(Memorandum from E.H. Frankel) (February 2003). 

ports-of-entry on the northern and 

southern borders (including arrivals by 

ferry and pleasure boat) as well as 

certain cruise ship passengers. The 

impacts to the public due to the 

requirement to obtain the necessary 

documentation for air travel were 

considered in a previous analysis 

examining the implementation of WHTI 

in the air environment (the Regulatory 

Assessment for the November 2006 

Final Rule for implementation of WHTI 

in the air environment can be found at 

http://www.regulations.gov; document 

number USCBP–2006–0097–0108). If 

travelers have already purchased a 

passport for travel in the air 

environment, they would not need to 

purchase a passport for travel in the 

land or sea environments. We do not 

attempt to estimate with any precision 

the number of travelers who travel in 

more than one environment, and, 

therefore, may have already obtained a 

passport due to the air rule and will not 

incur any burden due to this 

rulemaking. To the extent that the three 

traveling populations overlap in the air, 

land, and sea environments, we have 

potentially overestimated the direct 

costs of the proposed rule presented 

here. 

The period of analysis is 2005–2014 

(10 years). We calculate costs beginning 

in 2005 because although the full suite 

of WHTI rules is not yet in place, DOS 

has already seen a dramatic increase in 

passport applications since the WHTI 

plan was announced in early 2005. We 

account for those passports obtained 

prior to full implementation to more 

accurately estimate the economic 

impacts of the rule as well as to 

incorporate the fairly sizable percentage 

of travelers that currently hold passports 

in anticipation of the new requirements. 

In addition to the traditional passport 

book, the Secretary of Homeland 

Security is designating the passport 

card, CBP trusted traveler cards 

(NEXUS, SENTRI, FAST), the Merchant 

Mariner Document, and specified 

documents from a DHS-approved WHTI 

pilot program as generally acceptable 

travel documents for U.S. citizens to 

enter the United States at land and sea 

ports-of-entry. Because DHS and DOS 

believe that children under the age of 16 

pose a low security threat in the sea and 

land environments, U.S. children may 

present a certified copy of a birth 

certificate in lieu of the designated 

documents. Additionally, DHS and DOS 

have determined that exempting certain 

cruise passengers from a passport 

requirement is the best approach to 

balance security and travel efficiency 

considerations in the cruise ship 

environment. To meet the cruise 

exemptions, a passenger must board the 

cruise ship at a port or place within the 

United States and the passenger must 

return on the same ship to the same U.S. 

port or place from where he or she 

originally departed. 

For the summary of the analysis 

presented here, CBP assumes that only 

the passport, trusted traveler cards, and 

the MMD are available in the first years 

of the analysis (recalling that the period 

of analysis begins in 2005 when 

passport cards and pilot-program 

documents were not yet available). CBP 

also assumes that most children under 

16 will not obtain a passport or passport 

card but will instead use alternative 

documentation (birth certificates). The 

estimates reflect that CBP trusted 

traveler cards would be accepted at land 

and sea ports-of-entry. Finally, CBP 

assumes that most of the U.S. cruise 

passenger population will present 

alternative documentation (governmentissued photo ID and certified copy of 

birth certificate) because they meet the 

waiver criteria proposed. 

To estimate the costs of the rule, we 

follow this general analytical 

framework—

• Determine the number of U.S. 

travelers that will be covered. 

• Determine how many already hold 

acceptable documents. 

• Determine how many will opt to 

obtain passports or passport cards, and 

estimate their lost ‘‘consumer surplus.’’

• Determine how many will forgo 

travel instead of obtaining passports or 

passport cards, and estimate their lost 

‘‘consumer surplus.’’

We estimate covered land travelers 

using multiple sources, including: 

Crossing data from the Bureau of 

Transportation Statistics (BTS, 2004 

data), a study of passport demand 

conducted by DOS,74 and a host of 

regional studies conducted by State and 

local governments and academic 

research centers. 

Other than the DOS passport demand 

study, no source exists to our 

knowledge that has estimated the total 

number of land entrants nationwide. 

Researchers almost always count or 

estimate crossings, not crossers and 

focus on a region or locality, not an 

entire border. Building on the work 

conducted for the DOS passport study, 

we distilled approximately 300 million 

annual crossings into the number of 

frequent (defined as at least once a 

year), infrequent (once every 3 years), 

and rare (once every 10 years) ‘‘unique 

U.S. adult travelers.’’ We then estimate 

the number of travelers without the 

documentation this rulemaking 

proposes to be required and estimate the 

cost to obtain such documents. The fee 

for the passport varies depending on the 

age of the applicant, whether or not the 

applicant is renewing a passport, 

whether or not the applicant is 

requesting expedited service, and 

whether or not the applicant obtains a 

passport or a passport card. 

Additionally, we consider the amount of 

time required to obtain the document 

and the value of that time. To estimate 

the value of an applicant’s time in the 

land environment, we conducted new 

research that builds on existing 

estimates from the Department of 

Transportation.75 To estimate the value 

of an applicant’s time in the sea 

environment, we use estimates for air 

travelers’ value of time (recall that air 

and sea travelers share very similar 

characteristics) from the Federal 

Aviation Administration (FAA, 2005 

data). We use the 2005 DOS passport 

demand study and CBP statistics on the 

trusted traveler programs to estimate 

how many unique U.S. travelers already 

hold acceptable documents. 

We estimate covered cruise 

passengers using data from the Maritime 

Administration (MARAD, 2006 data) 

and itineraries available on the cruise 

line Web sites (for 2007). The 

overwhelming majority of Western 

Hemisphere cruise passengers—92 

percent—would fall under the proposed 

cruise-passenger waiver. Passengers not 

covered by the waiver fall into four 

trade markets—Alaska (72 percent), 

Trans-Panama Canal (16 percent), U.S. 

Pacific Coast (8 percent), and Canada/ 

New England (4 percent). We estimate 

that these passengers will have to obtain 

a passport rather than one of the other 

acceptable documents because these 

travelers will likely have an 

international flight as part of their cruise 

vacation, and only the passport is a 

globally accepted travel document. We 

use a comment to the August 2006 

NPRM for implementation of WHTI in 

the air and sea environments (71 FR 

46155) from the International Council of 

Cruise Lines to estimate how many 

unique U.S. cruise travelers already 

hold acceptable documentation; 

however, we will continue to study this 

issue. 


rwilkins on PROD1PC63 with PROPOSALS2
35104 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

Based on CBP’s analysis, 

approximately 3.2 million U.S. travelers 

are affected by the proposed rule in the 

first year of analysis (2005). Of these, 

approximately 2.9 million enter through 

a land-border crossing (via privately 

owned vehicle, commercial truck, bus, 

train, on foot) and ferry and recreational 

boat landing sites. An estimated 0.3 

million are cruise passengers that do not 

meet the waiver criteria in the NPRM 

(note that over 90 percent of U.S. cruise 

passengers are expected to meet the 

proposed waiver criteria). CBP estimates 

that the traveling public acquired 

approximately 3.2 million passports in 

the first year of the analysis, in the 

anticipation of the passport 

requirements, at a direct cost of $417 

million. These estimates are 

summarized in Table A. 

TABLE A.—FIRST-YEAR ESTIMATES

(2005) FOR U.S. ADULT TRAVELERS

[All estimates in millions] 

Affected Travelers: 

Land/ferry/pleasure boat crossers .......................................... 2.9 

Cruise passengers .................... 0.3 

Total ....................................... 3.2 

Passports demanded: 

Land/ferry/pleasure boat crossers .......................................... 2.7 

Cruise passengers .................... 0.3 

TABLE A.—FIRST-YEAR ESTIMATES

(2005) FOR U.S. ADULT TRAVELERS—Continued 

[All estimates in millions] 

Total ....................................... 3.0 

Total cost of passports: 

Land-border crossers ................ $370.7 

Cruise passengers .................... 45.8 

Total ....................................... $416.5 

To estimate potential forgone travel in 

the land environment, we derive 

traveler demand curves for access to 

Mexico and Canada based on survey 

responses collected in the DOS passport 

study. We estimate that when the rule 

is implemented, the number of unique 

U.S. travelers to Mexico who are 

frequent travelers decreases by 6.5 

percent, the unique U.S. travelers who 

are infrequent travelers decreases by 7.3 

percent, and the unique U.S. travelers 

who are rare travelers decreases by 17.8 

percent. The number of U.S. travelers 

visiting Canada who are frequent 

travelers decreases by 3.7 percent, the 

unique U.S. travelers who are infrequent 

travelers decreases by 10.7 percent, and 

the unique U.S. travelers who are rare 

travelers decreases by 10.9 percent. 

These estimates account for the use of 

a passport card for those travelers who 

choose to obtain one. For unique 

travelers deciding to forgo future visits, 

their implied value for access to these 

countries is less than the cost of 

obtaining a passport card. 

To estimate potential forgone travel in 

the relatively small number of cruises 

affected in the sea environment, we use 

a study from Coleman, Meyer, and 

Scheffman (2003), which described the 

Federal Trade Commission investigation 

into potential impacts of two cruise-line 

mergers and estimated a demand 

elasticity for cruise travel. We estimate 

that the number of travelers decreases 

by 24.4 percent, 13.4 percent, 7.0 

percent, and 5.6 percent for travelers on 

short (1 to 5 nights), medium (6 to 8 

nights), long (9 to 17 nights), and very 

long cruises (over 17 nights) once the 

rule is implemented. 

We then estimate total losses in 

consumer surplus. The first figure below 

represents U.S. travelers’ willingness to 

pay (D1) for access to Mexico and 

Canada. At price P1, the number of U.S. 

travelers without passports currently 

making trips to these countries is 

represented by Q1. As seen in the 

second figure, if the government 

requires travelers to obtain a passport or 

passport card in order to take trips to 

Mexico and Canada, the price of access 

increases by the cost of obtaining the 

new document, to P2. As a result, the 

number of travelers making trips to 

these countries decreases to Q2. 

All travelers in this figure experience 

a loss in consumer surplus; the size of 

the surplus loss depends on their 

willingness to pay for access to these 

countries. The lost surplus experienced 

by travelers whose willingness to pay 

exceeds P2 is shown in the dark gray 

rectangle, and is calculated as (P2¥P1) 

* Q2. In other words, the lost consumer 

surplus of travelers willing to buy the 

passport or passport card is simply the 

cost (P2¥P1) of the passport or passport 

card. Travelers whose willingness to 

pay for access to these countries is less 

than the price of the passport or 

passport card will experience a loss 

equal to the area of the light gray 

triangle, calculated as 1⁄2 * (Q1¥Q2) * 

(P2¥P1). 

Costs of the rule (expressed as losses 

in consumer surplus) are summed by 

year of the analysis. We then add the 

government costs of implementing 

WHTI over the period of analysis. Tenyear costs are $3.3 billion at the 3 

percent discount rate and $2.8 billion at 

7 percent, as shown in Table B. 

Annualized costs are $384 million at 3 

percent and $406 million at 7 percent. 

TABLE B.—TOTAL COSTS FOR U.S. TRAVELERS OVER THE PERIOD OF ANALYSIS

[2005–2014, in $Millions] 

Year Cost 3% 

discount rate 

7% 

discount rate 

2005 ....................................................................................................................................... $436 $436 $435 

2006 ....................................................................................................................................... 173 168 163 


rwilkins on PROD1PC63 with PROPOSALS2EP26JN07.005</GPH>
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35105 

TABLE B.—TOTAL COSTS FOR U.S. TRAVELERS OVER THE PERIOD OF ANALYSIS—Continued 

[2005–2014, in $Millions] 

Year Cost 3% 

discount rate 

7% 

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 

summarized here assumes a constant 

number of border crossers over the 

period of analysis; in the complete 

Regulatory Assessment, we also 

consider scenarios where the number of 

border crossers both increases and 

decreases over the period of analysis. It 

is worth noting that border crossings 

have been mostly decreasing at both the 

northern and southern borders since 

1999. The analysis for sea travel 

assumes a 6 percent annual increase in 

passenger counts over the period of 

analysis as the Western Hemisphere 

cruise industry continues to experience 

growth. 

Finally, we conduct a formal 

uncertainty (Monte Carlo) analysis to 

test our assumptions in the land 

environment. We first conducted a 

preliminary sensitivity analysis to 

identify the variables that have the most 

significant effect on consumer welfare 

losses. We found that the frequency of 

travel (frequent, infrequent, rare), 

crossings at multiple ports-of-entry, 

future annual affected individuals, and 

the amount of time spent applying for 

documentation were the most sensitive 

variables in the analysis. The variables 

that did not appear to have an impact 

on consumer losses were the estimated 

number of crossings by Lawful 

Permanent Residents (LPRs) or Native 

Americans and estimated future timing 

with which travelers will apply for 

acceptable documentation. After we 

conducted our formal Monte Carlo we 

found that our most sensitive 

assumptions are: the projected crossing 

growth rate, the frequency of travel, and 

the number of new unique travelers that 

enter the population annually. The 

results of the Monte Carlo analysis are 

presented in Table C. Note that these 

estimates do not include the 

government costs of implementation, 

estimated at an annualized cost of $100 

million (3 percent discount rate, 10 

years), because we have no basis for 

assigning uncertainty parameters for 

government costs. 

TABLE C.—SUMMARY OF KEY CHARACTERISTICS OF PROBABILITY DISTRIBUTIONS OF TOTAL WELFARE

LOSSES IN THE LAND ENVIRONMENT

(2005–2014, IN $BILLIONS), 3 PERCENT DISCOUNT RATE

Statistic Value 

Trials ..................................... 10,000 

Mean ..................................... $2.1 

Median .................................. $2.1 

Std Dev ................................. $0.5 

Variance ................................ 2.8E+08 

5th Percentile ........................ $1.4 

95th Percentile ...................... $3.1 

Point Estimate ...................... $2.2 

We then consider the secondary 

impacts of forgone travel in the land and 

sea environments. Forgone travel will 

result in gains and losses in the United 

States, Canada, and Mexico. For this 

analysis, we made the simplifying 

assumption that if U.S. citizens forgo 

travel to Canada and Mexico, their 

expenditures that would have been 

spent outside the country now remain 

here. In this case, industries receiving 

the diverted expenditure in the United 

States experience a gain, while the 

travel and related industries in Canada 

and Mexico suffer a loss. Conversely, if 

Canadian and Mexican citizens forgo 

travel to the United States, their 

potential expenditures remain abroad—

a loss for the travel and related 

industries in the U.S., but a gain to 

Canada and Mexico. Please note that 

‘‘gains’’ and ‘‘losses’’ in this analysis 

cannot readily be compared to the costs 

and benefits of the rulemaking, since 

they represent primarily transfers in and 

out of the U.S. economy. 

For cruise passengers, we have only 

rough estimates of where U.S. 

passengers come from, how they travel 

to and from the ports where they 

embark, where they go, and the 

activities they engage in while cruising. 

We know even less about how they will 

alter their behavior if they do, in fact, 

forgo obtaining a passport. Ideally, we 

could model the indirect impacts of the 

rule with an input-output model (either 

static or dynamic) that could give us a 

reasonable estimation of the level the 

impact, the sectors affected, and 

regional impacts. Unfortunately, given 

the dearth of data, the assumptions we 

had to make, the small numbers of 

travelers who are estimated to forgo 

travel, and the fact that much of their 

travel experience occurs outside the 

United States, using such a model 

would not likely produce meaningful 

results. We recognize, however, that 

multiple industries could be indirectly 

affected by forgone cruise travel, 

including (but not limited to): Cruise 

lines; cruise terminals and their support 

services; air carriers and their support 

services; travel agents; traveler 

accommodations; dining services; retail 

shopping; tour operators; scenic and 

sightseeing transportation; hired 

transportation (taxis, buses); and arts, 

entertainment, and recreation. 

According to the MARAD dataset 

used for the sea analysis, there are 17 

cruise lines operating in the Western 

Hemisphere, 9 of which are currently 

offering cruises that would be indirectly 

affected by a passport requirement. 

While we expect that cruise lines will 

be indirectly affected by the rule, how 

they will be affected depends on their 

itineraries, the length of their cruises, 

their current capacity, and future 

expansion, as well as by travelers’

decisions. We expect short cruises (1 to 

5 nights) to be most notably affected 

because the passport represents a greater 

percentage of the overall trip cost, 

passengers on these cruises are less 

likely to already hold a passport, and 

travel plans for these cruises are 

frequently made closer to voyage time. 

Longer cruises are less likely to be 

affected because these trips are planned 


rwilkins on PROD1PC63 with PROPOSALS2
35106 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

well in advance, passengers on these 

voyages are more likely to already 

possess a passport, and the passport cost 

is a smaller fraction of the total trip cost. 

Because border-crossing activity is 

predominantly a localized phenomenon, 

and the activities engaged in while 

visiting the United States are well 

documented in existing studies, we can 

explore the potential impacts of forgone 

travel more quantitatively in the land 

environment. Using various studies on 

average spending per trip in the United 

States, Canada, and Mexico, we estimate 

the net results of changes in expenditure 

flows in 2008 (the presumed first year 

the requirements will be implemented) 

and subsequent years. Because Mexican 

crossers already possess acceptable 

documentation to enter the United 

States (passport or BCC), we do not 

estimate that Mexican travelers will 

forgo travel to the United States. The 

summary of expenditure flows is 

presented in Table D. 

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 

locally, we conduct eight case studies 

using a commonly applied input-output 

model (IMPLAN), which examines 

regional changes in economic activity 

given an external stimulus affecting 

those activities. In all our case studies 

but one, forgone border crossings 

attributable to WHTI have a less-than-1- 

percent impact on the regional economy 

both in terms of output and 

employment. The results of these eight 

case studies are presented in Table E. 

TABLE E.—MODELED DISTRIBUTIONAL EFFECTS IN EIGHT CASE STUDIES

Study area (counties) State 

Change as % of total . . . 

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 

net positive changes in the southernborder case studies because Mexican 

travelers to the United States use 

existing documentation, and their travel 

is not affected. The net change in 

regional output and employment is 

negative (though still very small) in the 

northern-border case studies because 

Canadian travelers forgoing trips 

outnumber U.S. travelers staying in the 

United States and because Canadian 

travelers to the United States generally 

spend more per trip than U.S. travelers 

to Canada. On both borders, those U.S. 

travelers that forgo travel do not 

necessarily spend the money they 

would have spent outside the United 

States in the case-study region; they 

may spend it outside the region, and 

thus outside the model. 

As this is one of the first 

comprehensive attempts by DHS to 

develop a model to estimate localized 

cross-border economic impacts due to a 

rulemaking, we explicitly seek comment 

on this proposed analysis. Specifically, 

we may not have captured all of the 

changes in local expenditures that may 

be attributable to the proposed 

rulemaking. For example, U.S. citizens 

purchasing documentation required for 

travel to Canada or Mexico will not have 

that money available for other 

consumption. Similarly, Canadian 

travelers may spend less in the United 

States on travel to compensate for the 

costs of acquiring documentation. 

Finally, because the benefits of 

homeland security regulations cannot 

readily be quantified using traditional 

analytical methods, we conduct a 

‘‘breakeven analysis’’ to determine what 

the reduction in risk would have to be 

given the estimated costs of the 

implementation of WHTI (land 

environment only). Using the Risk 

Management Solutions U.S. Terrorism 

Risk Model (RMS model), we estimated 

the critical risk reduction that would 

have to occur in order for the costs of 

the rule to equal the benefits—or break 

even. 

The RMS model has been developed 

for use by the insurance industry and 

provides a comprehensive assessment of 

the overall terrorism risk from both 

foreign and domestic terrorist 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35107 

organizations. The RMS model 

generates a probabilistic estimate of the 

overall terrorism risk from loss 

estimates for dozens of types of 

potential attacks against several 

thousand potential targets of terrorism 

across the United States. For each attack 

mode-target pair (constituting an 

individual scenario) the model accounts 

for the probability that a successful 

attack will occur and the consequences 

of the attack. RMS derives attack 

probabilities from a semi-annual 

structured expert elicitation process 

focusing on terrorists’ intentions and 

capabilities. It bases scenario 

consequences on physical modeling of 

attack phenomena and casts target 

characteristics in terms of property 

damage and casualties of interest to 

insurers. Specifically, property damages 

include costs of damaged buildings, loss 

of building contents, and loss from 

business interruption associated with 

property to which law enforcement 

prohibits entry immediately following a 

terrorist attack. RMS classifies casualties 

based on injury-severity categories used 

by the worker compensation insurance 

industry. 

The results in the figure below are for 

the cost estimates presented above and 

casualty costs based on willingness-topay estimates and a $3 million value of 

a statistical life (VSL). These results 

show that a decrease in perceived risk 

leads to a smaller annualized loss and 

a greater critical risk reduction, and an 

increase in perceived risk leads to a 

greater annualized loss and a smaller 

critical risk reduction. The total range in 

critical risk reduction is a factor of four 

and ranges from 6.6 to 26 percent, with 

a critical risk reduction of 13 percent 

required for the standard risk scenario. 

The critical risk reduction for all risk 

levels considered and multiple injury 

and fatality estimates are presented in 

Table F. As shown, critical risk 

reduction ranges from 3.5 percent (high 

risk, quality-of-life, VSL $6 million) to 

35 percent (low risk, cost-of-injury, no 

VSL). Note that because the annualized 

costs of the rulemaking are very similar 

at the 7 percent discount rate, the 

critical risk reduction estimates 

presented in Table F would not change 

appreciably at the 7 percent rate. 

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 

to value casualties, several other key 

factors affect the critical risk reduction 

estimate. These factors include: The 

uncertainty in the risk estimate 

produced by the RMS model; the 


rwilkins on PROD1PC63 with PROPOSALS2EP26JN07.006</GPH>
35108 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

potential for other types of baseline 

losses not captured in the RMS model; 

and the size of other non-quantified 

direct and ancillary benefits of the rule. 

The RMS model likely underestimates 

total baseline terrorism loss because it 

only reflects the direct, insurable costs 

of terrorism. It does not include any 

indirect losses that would result from 

continued change in consumption 

patterns or preferences or that would 

result from propagating consequences of 

interdependent infrastructure systems. 

For example, the RMS model does not 

capture the economic disruption of a 

terrorism event beyond the immediate 

insured losses. Furthermore, the model 

also excludes non-worker casualty 

losses and losses associated with 

government buildings and employees. 

Finally, the model may not capture lesstangible components of losses that the 

public wishes to avoid, such as the fear 

and anxiety associated with 

experiencing a terrorist attack. Omission 

of these losses will cause us to overstate 

the necessary risk reductions. 

Alternatives to the Proposed Rule 

CBP considered the following 

alternatives to the NPRM—

1. Require all U.S. travelers (including 

children) to present a valid passport 

book upon return to the United States 

from countries in the Western 

Hemisphere. 

2. Require all U.S. travelers (including 

children) to present a valid passport 

book, passport card, CBP trusted 

traveler document, MMD, or a specified 

document from a DHS-approved WHTI 

pilot program upon return to the United 

States from countries in the Western 

Hemisphere. 

Calculations of costs for the 

alternatives can be found in the two 

Regulatory Assessments for the NPRM. 

Alternative 1: Require All U.S. Travelers 

(Including Children) to Present a Valid 

Passport Book 

This alternative would require all U.S. 

citizens, including minors under 16 and 

all cruise passengers, to present a valid 

passport book. The passport card, CBP 

trusted traveler documents, the MMD, 

and documents from DHS-approved 

pilot programs would not be accepted. 

This would be a more stringent 

alternative, and it was rejected as 

potentially too costly and burdensome 

for low-risk populations of travelers. 

While the traditional passport book will 

always be an acceptable document for a 

U.S. citizen to present upon entry to the 

United States, DHS and DOS believe 

that the cost of a traditional passport 

book may be too burdensome for some 

U.S. citizens, particularly those living in 

border communities where land-border 

crossings are an integral part of 

everyday life. As stated previously, DHS 

and DOS believe that children under the 

age of 16 pose a low security threat in 

the land and sea environments and will 

be permitted to present a certified copy 

of a birth certificate when arriving in the 

United States at all land and sea portsof-entry from within the Western 

Hemisphere. Additionally, DHS and 

CBP have developed an alternative 

procedure for children traveling in 

groups. DHS and DOS have also 

determined that exempting certain 

cruise passengers from a passport 

requirement is the best approach to 

balance security and travel efficiency 

considerations in the cruise ship 

environment. 

Alternative 2: Require All U.S. 

Ttravelers (Including All Cchildren) to 

Present a Valid Passport Book, Passport 

Card, or Other Approved Document 

The second alternative is similar to 

the proposed rule, though it includes 

children and does not exempt cruise 

passengers. It is again more stringent 

than the proposed rule. While this 

alternative incorporates the low-cost 

passport card and CBP trusted traveler 

cards as acceptable travel documents, 

this alternative was ultimately rejected 

as potentially too costly and 

burdensome for low-risk populations of 

travelers (certain cruise passengers and 

minors under 16). 

Table G presents a comparison of the 

costs of the proposed rule and the 

alternatives considered. 

TABLE G.—COMPARISON OF REGULATORY ALTERNATIVES

[In $Millions] 

Alternative 10-year cost 

(7%) 

Cost 

compared to 

proposed rule 

Reason rejected 

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) unduly burdened. 

2. Passport book, passport card, and other designated documents for all U.S. travelers.5,448 +2,600 Low-risk traveling populations (certain cruise passengers, children under 16) unduly burdened. 

It is important to note that for 

scenarios where the passport card is 

acceptable (the proposed rule and 

Alternative 2), the estimates include 

government implementation costs for 

CBP to install the appropriate 

technology at land ports-of-entry to read 

RFID-enabled passport cards and the 

next generation of CBP trusted traveler 

documents. These technology 

deployment costs are estimated to be 

substantial, particularly in the early 

phases of implementation. As a result, 

the alternatives allowing more 

documents than just the passport cost 

more over 10 years than alternatives 

allowing only the passport, which can 

be processed with existing readers that 

scan the passport’s MRZ. Providing 

waivers for minors and most cruise 

passengers results in notable cost 

savings over 10 years (about $2.5 billion 

depending on the documents 

considered). 

The passport card is designed 

specifically to address the needs and 

travel patterns of those who live in landborder communities and frequently 

cross the border in their day-to-day 

activities. The passport card is intended 

not only to enhance security efforts for 

international land and sea travel 

between the U.S. and Canada, Mexico, 

the Caribbean, or Bermuda, but is also 

intended to assist DHS in expediting the 

movement of legitimate travel within 

the Western Hemisphere. 

In particular, the land border presents 

complex operational challenges, in that 

a tremendous amount of traffic must be 

processed in a short amount of time. 

There are often several passengers in a 

vehicle, and multiple vehicles arriving 

at one time at each land border port-ofentry. Many of the people encountered 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35109 

crossing at the land border ports-ofentry are frequent crossers. However, 

CBP does not receive advance 

information on these land border 

travelers. For these reasons, the 

Department of State, in consultation 

with DHS, agreed to develop a 

technology-based solution. 

The data printed on the face of the 

passport card will be the same as that 

currently shown on the data page of the 

U.S. passport—bearer’s facial image, full 

name, date and place of birth, passport 

card number, dates of validity and 

issuing authority. The reverse side of 

the passport card will carry a machinereadable zone (MRZ) and notation that 

the card is valid only for international 

land and sea travel between the U.S. 

and Canada, Mexico, the Caribbean, or 

Bermuda. In addition, each passport 

card will utilize Radio Frequency (RF) 

technology to store and transmit only a 

unique reference number that will serve 

as a link to information safeguarded in 

a secure database managed by CBP. This 

reference number will be assigned by 

Department of State at the time the 

passport card is issued and no personal 

or biographic information will be stored 

or transmitted using Radio Frequency 

(RF) technology. Presenting the passport 

card will allow the linked information 

to be retrieved from the secure DHS 

database to allow the CBP officer to 

compare the citizen presenting him or 

herself for entry into the United States 

with the original issuance record to 

ensure that it is the same person. This 

database could include additional 

information, for example, information 

about the bearer’s membership in one of 

CBP’s trusted traveler programs 

(NEXUS, SENTRI, or FAST). 

After reviewing a number of options 

to provide the CBP officer with 

appropriate personal information to 

facilitate the processing of travelers, 

DOS and DHS believe that the most 

promising technology is RF technology. 

This technology utilizes a passive chip 

deriving its power from the reader that 

communicates with it. We focused on 

RF vicinity read (GEN 2) technology. 

RF vicinity read technology conforms 

to International Standards Organization 

(ISO) 18000 6–C specifications. Vicinity 

read technology would allow the 

passport card data to be read at a 

distance of up to 20 feet from the reader. 

The vicinity read chip would contain 

only a unique reference number that 

will serve as a link to information 

safeguarded in a secure database 

managed by CBP. In addition to having 

commercial applications, vicinity-read 

technology is currently being used in a 

number of DHS programs. 

Operationally, it has similarities to CBP 

land border international trusted 

traveler programs, and DHS’s pilot 

electronic I–94 program currently in 

place at several land border crossings in 

that it will only store and transmit a 

unique reference number and no 

personal or biographic information. 

Vicinity read technology is similar to 

that used in highway toll systems 

throughout the U.S. From an operational 

sense, this technology would allow 

passengers approaching a land crossing 

in vehicles to present the passport card 

to the reader easily from within the 

vehicle and these readers could process 

information from up to eight cards at 

one time. In addition, the use of vicinity 

technology would provide information 

to border security personnel further in 

advance of a traveler’s arrival at an 

inspection booth, facilitate a faster 

processing of individuals, and provide 

more opportunities to leverage existing 

technologies. 

DHS selected RF vicinity read 

technology for its border management 

system. To ensure compatibility and 

interoperability with the DHS border 

management system, and to secure 

significant travel facilitation advantages, 

DOS proposed to produce the passport 

card utilizing RF vicinity read 

technology (see 71 FR 60928 for DOS’s 

proposed rule, which contains a more 

detailed discussion of the advantages 

and disadvantages of different 

technology choices). The selection of 

vicinity read technology for the passport 

card was made in an effort to ensure a 

seamless operational environment with 

DHS, and provide the infrastructure 

support to strengthen our national 

security at U.S. land borders. DOS 

proposed to produce the card and 

deliver them with a thin protective 

sleeve, designed to protect the card from 

unauthorized access. The card could be 

stored in the sleeve and removed only 

when needed. 

In addition to the State Department’s 

proposed rule referenced above, please 

see the DHS Land border analysis 

document for a more detailed 

discussion of both the deployment and 

other costs of the proposed form of the 

passport card, and the advantages to the 

border management system provided by 

the RF vicinity read technology. 

Accounting Statement 

As required by OMB Circular A–4, 

CBP has prepared an accounting 

statement showing the classification of 

the expenditures associated with this 

rule. The table below provides an 

estimate of the dollar amount of these 

costs and benefits, expressed in 2005 

dollars, at 7 percent and 3 percent 

discount rates. We estimate that the cost 

of this rule will be approximately $406 

million annualized (7 percent discount 

rate) and approximately $384 million 

annualized (3 percent discount rate). 

Non-quantified benefits are enhanced 

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 

costs.

None ................................................................. None. 

Qualitative (un-quantified) costs .................. Indirect costs to the travel and tourism industry.Indirect costs to the travel and tourism industry. 

Benefits: 

Annualized monetized benefits ................... None quantified ................................................ None quantified.

Annualized, quantified, but un-monetized 

benefits.

None quantified ................................................ None quantified. 

Qualitative (un-quantified) benefits ............. Enhanced security and efficiency .................... Enhanced security and efficiency. 


rwilkins on PROD1PC63 with PROPOSALS2
35110 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

76See 5 U.S.C. 601–612. 

77See Small Business Administration, Office of 

Advocacy, A Guide for Government Agencies: How 

to Comply with the Regulatory Flexibility Act, May 

2003. 

78See id. at 69. 

79See id. at 20. 

B. Regulatory Flexibility Act 

CBP has prepared this section to 

examine the impacts of the proposed 

rule on small entities as required by the 

Regulatory Flexibility Act (RFA).76 A 

small entity may be a small business 

(defined as any independently owned 

and operated business not dominant in 

its field that qualifies as a small 

business per the Small Business Act); a 

small not-for-profit organization; or a 

small governmental jurisdiction 

(locality with fewer than 50,000 people). 

When considering the impacts on 

small entities for the purpose of 

complying with the RFA, CBP consulted 

the Small Business Administration’s 

guidance document for conducting 

regulatory flexibility analysis.77 Per this 

guidance, a regulatory flexibility 

analysis is required when an agency 

determines that the rule will have a 

significant economic impact on a 

substantial number of small entities that 

are subject to the requirements of the 

rule.78 This guidance document also 

includes a good discussion describing 

how direct and indirect costs of a 

regulation are considered differently for 

the purposes of the RFA. CBP does not 

believe that small entities are subject to 

the requirements of the proposed rule; 

individuals are subject to the 

requirements, and individuals are not 

considered small entities. To wit, ‘‘The 

courts have held that the RFA requires 

an agency to perform a regulatory 

flexibility analysis of small entity 

impacts only when a rule directly 

regulates them.’’ 79

As described in the Regulatory 

Assessment for this rulemaking, CBP 

could not quantify the indirect impacts 

of the proposed rule with any degree of 

certainty; it instead focused the analysis 

on the direct costs to individuals 

recognizing that some small entities will 

face indirect impacts. 

Some of the small entities indirectly 

affected will be foreign owned and will 

be located outside the United States. 

Additionally, reductions in 

international travel that result from the 

proposed rule could lead to gains for 

domestic industries. Most travelers are 

expected to eventually obtain passports 

and continue traveling. Consequently, 

indirect effects are expected to be 

spread over wide swaths of domestic 

and foreign economies. 

Small businesses may be indirectly 

affected by the proposed rule if 

international travelers forego travel to 

affected Western Hemisphere countries. 

These industry sectors may include (but 

are not limited to): 

—Manufacturing 

—Wholesale trade 

—Retail trade 

—Transportation (including water, air, 

truck, bus, and rail) 

—Real estate 

—Arts, entertainment, and recreation 

—Accommodation and food services 

Because this rule does not directly 

regulate small entities, we do not 

believe that this rule has a significant 

economic impact on a substantial 

number of small entities. The exception 

could be certain ‘‘sole proprietors’’ who 

could be considered small businesses 

and could be directly affected by the 

rule if their occupations required travel 

within the Western Hemisphere where a 

passport was not previously required. 

The cost to such businesses would be 

only $128 for a first-time passport 

applicant, or $195 if expedited service 

were requested, and would only be 

incurred if the individual needed a 

passport. We believe such an expense 

would not rise to the level of being a 

‘‘significant economic impact.’’ We 

welcome comments on our 

assumptions. The most helpful 

comments are those that can provide 

specific information or examples of a 

direct impact on small entities. If we do 

not receive comments that demonstrate 

that the rule causes small entities to 

incur direct costs, we may certify that 

this action does not have a significant 

economic impact on a substantial 

number of small entities during the final 

rule. 

The complete analysis of impacts to 

small entities for this proposed 

rulemaking is available on the CBP Web 

site at: http://www.regulations.gov; see 

also http://www.cbp.gov. Comments 

regarding the analysis and the 

underlying assumptions are encouraged 

and may be submitted by any of the 

methods described under the ADDRESSES

section of this document. 

C. Executive Order 13132: Federalism 

Executive Order 13132 requires DHS 

and DOS to develop a process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ Policies that have 

federalism implications are defined in 

the Executive Order to include rules 

that have ‘‘substantial direct effects on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government.’’ DHS and DOS 

have analyzed the proposed rule in 

accordance with the principles and 

criteria in the Executive Order and have 

determined that it does not have 

federalism implications or a substantial 

direct effect on the States. The proposed 

rule requires U.S. citizens and 

nonimmigrant aliens from Canada, 

Bermuda and Mexico entering the 

United States by land or by sea from 

Western Hemisphere countries to 

present a valid passport or other 

identified alternative document. States 

do not conduct activities with which 

this rule would interfere. For these 

reasons, this proposed rule would not 

have sufficient federalism implications 

to warrant the preparation of a 

federalism summary impact statement. 

D. Unfunded Mandates Reform Act 

Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA), enacted as 

Public Law 104–4 on March 22, 1995, 

requires each Federal agency, to the 

extent permitted by law, to prepare a 

written assessment of the effects of any 

Federal mandate in a proposed or final 

agency rule that may result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one year. Section 204(a) of the UMRA, 

2 U.S.C. 1534(a), requires the Federal 

agency to develop an effective process 

to permit timely input by elected 

officers (or their designees) of State, 

local, and tribal governments on a 

proposed ‘‘significant intergovernmental 

mandate.’’ A ‘‘significant 

intergovernmental mandate’’ under the 

UMRA is any provision in a Federal 

agency regulation that will impose an 

enforceable duty upon State, local, and 

tribal governments, in the aggregate, of 

$100 million (adjusted annually for 

inflation) in any one year. Section 203 

of the UMRA, 2 U.S.C. 1533, which 

supplements section 204(a), provides 

that before establishing any regulatory 

requirements that might significantly or 

uniquely affect small governments, the 

agency shall have developed a plan that, 

among other things, provides for notice 

to potentially affected small 

governments, if any, and for a 

meaningful and timely opportunity to 

provide input in the development of 

regulatory proposals. 

This proposal would not impose a 

significant cost or uniquely affect small 

governments. The proposal does have 

an effect on the private sector of $100 

million or more in any one year. This 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35111 

impact is discussed under the Executive 

Order 12866 discussion. 

E. National Environmental Policy Act of 

1969 

DHS and CBP, in consultation with 

DOS, the Environmental Protection 

Agency and the General Services 

Administration have been reviewing the 

potential environmental and other 

impacts of this proposed rule in 

accordance with the National 

Environmental Policy Act (NEPA) of 

1969 (42 U.S.C. 4321 et seq.), the 

regulations of the Council on 

Environmental Quality (40 CFR part 

1500), and DHS Management Directive 

5100.1, Environmental Planning 

Program of April 19, 2006. A 

programmatic environmental 

assessment (PEA) is being prepared that 

examines, among other things, potential 

alternatives regarding implementation 

of the proposed rule at the various land 

and sea ports of entry and what, if any, 

environmental impacts may result from 

the proposed rule and its 

implementation. The PEA will serve as 

the basis for the determination whether 

the proposed rule and its 

implementation will have a significant 

impact on the quality of the human 

environment such that it will require 

further analysis under NEPA. 

A Notice of Availability will be 

published in the Federal Register, and 

the PEA will be available for viewing 

and comments on http:// 

www.regulations.gov. The Notice of 

Availability will also be published in 

newspapers, and copies placed in 

public libraries, in certain border areas. 

Additionally, copies of the PEA will be 

posted on the CBP Web site at http:// 

www.cbp.gov. The Notice of Availability 

will provide details on how the public 

may provide comments on the PEA. In 

addition, copies may be obtained by 

writing to: U.S. Customs and Border 

Protection, 1300 Pennsylvania Avenue, 

NW., Room 5.4C, Attn: WHTI 

Environmental Assessment, 

Washington, DC 20229. 

F. Paperwork Reduction Act 

1. Passports/Passport Cards 

The collection of information 

requirement for passports is contained 

in 22 CFR 51.20 and 51.21. The required 

information is necessary for DOS 

Passport Services to issue a United 

States passport in the exercise of 

authorities granted to the Secretary of 

State in 22 U.S.C. Section 211a et seq. 

and Executive Order 11295 (August 5, 

1966) for the issuance of passports to 

United States citizens and non-citizen 

nationals. The issuance of U.S. 

passports requires the determination of 

identity and nationality with reference 

to the provisions of Title III of the 

Immigration and Nationality Act (8 

U.S.C. sections 1401–1504), the 

Fourteenth Amendment to the 

Constitution of the United States, and 

other applicable treaties and laws. The 

primary purpose for soliciting the 

information is to establish nationality, 

identity, and entitlement to the issuance 

of a United States passport or related 

service and to properly administer and 

enforce the laws pertaining to issuance 

thereof. 

There are currently two OMBapproved application forms for 

passports, the DS–11 Application for a 

U.S. Passport (OMB Approval No. 1405–

0004) and the DS–82 Application for a 

U.S. Passport by Mail. Applicants for 

the proposed passport cards would use 

the same application forms (DS–11 and 

DS–82). First time applicants must use 

the DS–11. The rule would not create 

any new collection of information 

requiring OMB approval under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507). It would result in an 

increase in the number of persons filing 

the DS–11, and a corresponding 

increase in the annual reporting and/or 

record-keeping burden. In conjunction 

with publication of the final rule, DOS 

will amend the OMB form 83–I 

(Paperwork Reduction Act Submission) 

relating to the DS–11 to reflect these 

increases. 

The collection of information 

encompassed within this rule has been 

submitted to the OMB for review in 

accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507). 

An agency may not conduct, and a 

person is not required to respond to, a 

collection of information unless the 

collection of information displays a 

valid control number assigned by OMB. 

Estimated annual average reporting 

and/or recordkeeping burden: 14.7 

million hours. 

Estimated annual average number of 

respondents: 9 million. 

Estimated average burden per 

respondent: 1 hour 25 minutes. 

Estimated frequency of responses: 

every 10 years (adult passport and 

passport card applications); every 5 

years (minor passport and passport card 

applications). 

Comments on this collection of 

information should be sent to the Office 

of Management and Budget, Attention: 

Desk Officer of the Department of State, 

Office of Information and Regulatory 

Affairs, Washington, DC 20503. 

Comments should be submitted within 

the time frame that comments are due 

regarding the substance of the proposal. 

Comments are invited on: (a) Whether 

the collection is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of the 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or startup costs and costs of operations, 

maintenance, and purchases of services 

to provide information. 

2. Groups of Children 

The collection of information 

requirements for groups of children 

would be contained in 8 CFR 212.1 and 

235.1. The required information is 

necessary to comply with section 7209 

of IRTPA, as amended, to develop an 

alternative procedure for groups of 

children traveling across an 

international border under adult 

supervision with parental consent. DHS, 

in consultation with DOS, has 

developed alternate procedures 

requiring that certain information be 

provided to CBP so that these children 

would not be required to present a 

passport. Consequently, U.S. and 

Canadian citizen children through age 

18, who are traveling with public or 

private school groups, religious groups, 

social or cultural organizations, or teams 

associated with youth sport 

organizations that arrive at U.S. sea or 

land ports-of-entry, would be permitted 

to present a certified copy of a birth 

certificate (rather than a passport), when 

the groups are under the supervision of 

an adult affiliated with the organization 

and when all the children have parental 

or legal guardian consent to travel. U.S. 

citizen children would also be 

permitted to present a certification of 

Naturalization or a Consular Report of 

Birth Abroad. 

When crossing the border at the portof-entry, the U.S. group, organization, or 

team would be required to provide to 

CBP on organizational letterhead the 

following information: (1) The name of 

the group; (2) the name of each child on 

the trip; (3) the primary address, 

primary phone number, date of birth, 

place of birth, and name of at least one 

parent or legal guardian for each child 

on the trip; (4) the name of the 

chaperone or supervising adult; and (5) 

the signature of the supervising adult 

certifying that he or she has obtained 

parental or legal guardian consent for 

each child. 


rwilkins on PROD1PC63 with PROPOSALS2
35112 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

The primary purpose for soliciting the 

information is to allow groups of 

children arriving at the U.S. border 

under adult supervision with parental 

consent to present either an original or 

a certified copy of a birth certificate, 

Consular Report of Birth Abroad, or 

Certificate of Naturalization, rather than 

a passport, when the requested 

information is provided to CBP. This 

information is necessary for CBP to 

verify that the group of children 

entering the United States would be 

eligible for this alternative procedure so 

that the children would not be required 

to present a passport. 

The collection of information 

encompassed within this proposed rule 

has been submitted to the OMB for 

review in accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3507). An agency may not 

conduct, and a person is not required to 

respond to, a collection of information 

unless the collection of information 

displays a valid control number 

assigned by OMB. 

Estimated annual reporting and/or 

recordkeeping burden: 1,625 hours. 

Estimated average annual respondent 

or recordkeeping burden: 15 minutes. 

Estimated number of respondents 

and/or recordkeepers: 6,500 

respondents. 

Estimated annual frequency of 

responses: 6,500 responses. 

Comments on this collection of 

information should be sent to the Office 

of Management and Budget, Attention: 

Desk Officer of the Department of 

Homeland Security, Office of 

Information and Regulatory Affairs, 

Washington, DC 20503. Comments 

should be submitted within the time 

frame that comments are due regarding 

the substance of the proposal. 

Comments are invited on: (a) Whether 

the collection is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of the burden of the collection of the 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology; and (e) estimates of capital 

or startup costs and costs of operations, 

maintenance, and purchases of services 

to provide information. 

G. Privacy Statement 

A Privacy Impact Assessment (PIA) is 

being posted to the DHS Web site in 

conjunction with the publication of this 

proposed rule in the Federal Register. 

The changes proposed in this rule 

involve the removal of an exception for 

U.S. citizens from having to present a 

passport in connection with Western 

Hemisphere travel other than Cuba, 

such that said individuals would now 

be required to present a passport or 

other identified alternative document 

when traveling from points of origin 

both within and without of the Western 

Hemisphere. The rule expands the 

number of individuals submitting 

passport information for travel within 

the Western Hemisphere, but does not 

involve the collection of any new data 

elements. Presently, CBP collects and 

stores passport information from all 

travelers, required to provide such 

information pursuant to the Aviation 

and Transportation Security Act of 2001 

(ATSA) and the Enhanced Border 

Security and Visa Reform Act of 2002 

(EBSA), in the Treasury Enforcement 

Communications System (TECS) (for 

which a System of Records Notice is 

published at 66 FR 53029). By removing 

the exception for submitting passport 

information from U.S. citizens traveling 

within the Western Hemisphere, DOS 

and CBP are requiring these individuals 

to comply with the general requirement 

to submit passport information when 

traveling to and from the United States. 

List of Subjects 

8 CFR Part 212 

Administrative practice and 

procedure, Aliens, Immigration, 

Passports and visas, Reporting and 

recordkeeping requirements. 

8 CFR Part 235 

Administrative practice and 

procedure, Aliens, Immigration, 

Reporting and recordkeeping 

requirements. 

22 CFR Part 41 

Aliens, Nonimmigrants, Passports and 

visas. 

22 CFR Part 53 

Passports and visas, Travel 

restrictions. 

Proposed Amendments to the 

Regulations 

For the reasons stated above, DHS and 

DOS propose to amend 8 CFR parts 212 

and 235 and 22 CFR parts 41 and 53 as 

set forth below. 

Title 8—Aliens and Nationality 

PART 212—DOCUMENTARY 

REQUIREMENTS; NONIMMIGRANTS; 

WAIVERS; ADMISSION OF CERTAIN 

INADMISSIBLE ALIENS; PAROLE 

1. The authority citation for part 212 

is revised to read as follows: 

Authority: 8 U.S.C. 1101 and note, 1102, 

1103, 1182 and note, 1184, 1187, 1223, 1225, 

1226, 1227, 1359; 8 U.S.C. 1185 note (section 

7209 of Pub. L. 108–458, as amended by 

section 546 of Pub. L. 109–295). 

2. A new section 212.0 is added to 

read as follows: 

§ 212.0 Definitions. 

For purposes of § 212.1 and § 235.1 of 

this chapter: 

Adjacent islands means Bermuda and 

the islands located in the Caribbean Sea, 

except Cuba. 

Cruise ship means a passenger vessel 

over 100 gross tons, carrying more than 

12 passengers for hire, making a voyage 

lasting more than 24 hours any part of 

which is on the high seas, and for which 

passengers are embarked or 

disembarked in the United States or its 

territories. 

Ferry means any vessel operating on 

a pre-determined fixed schedule and 

route, which is being used solely to 

provide transportation between places 

that are no more than 300 miles apart 

and which is being used to transport 

passengers, vehicles, and/or railroad 

cars; 

Pleasure vessel means a vessel that is 

used exclusively for recreational or 

personal purposes and not to transport 

passengers or property for hire; and 

United States means ‘‘United States’’

as defined in section 215(c) of the 

Immigration and Nationality Act of 

1952, as amended (8 U.S.C. 1185(c)). 

3. Section 212.1 is amended by: 

a. Revising paragraphs (a)(1) and 

(a)(2); and 

b. Revising paragraph (c)(1). 

The revisions read as follows: 

§ 212.1 Documentary requirements for 

nonimmigrants. 

* * * * * 

(a) Citizens of Canada or Bermuda, 

Bahamian nationals or British subjects 

resident in certain islands—(1) 

Canadian citizens. A visa is generally 

not required for Canadian citizens, 

except those Canadians that fall under 

nonimmigrant visa categories E, K, S or 

V as provided in paragraphs (h), (l), and 

(m) of this section and 22 CFR 41.2. A 

valid unexpired passport is required for 

Canadian citizens arriving in the United 

States, except when meeting one of the 

following requirements: 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35113 

(i) NEXUS Program. A Canadian 

citizen who is traveling as a participant 

in the NEXUS program may present a 

valid unexpired NEXUS program card 

when using a NEXUS Air kiosk or when 

entering the United States from 

contiguous territory or adjacent islands 

at a sea or land port-of-entry, and who 

is not otherwise required to present a 

passport and visa as provided in 

paragraphs (h), (l), and (m) of this 

section and 22 CFR 41.2. A Canadian 

citizen who enters the United States by 

pleasure vessel from Canada under the 

remote inspection system may present a 

valid unexpired NEXUS program card. 

(ii) FAST Program. A Canadian 

citizen who is traveling as a participant 

in the FAST program, and who is not 

otherwise required to present a passport 

and visa as provided in paragraphs (h), 

(l), and (m) of this section and 22 CFR 

41.2, may present a valid unexpired 

FAST card at a sea or land port-of-entry 

prior to entering the United States from 

contiguous territory or adjacent islands. 

(iii) SENTRI Program. A Canadian 

citizen who is traveling as a participant 

in the SENTRI program, and who is not 

otherwise required to present a passport 

and visa as provided in paragraphs (h), 

(l), and (m) of this section and 22 CFR 

41.2, may present a valid unexpired 

SENTRI card at a sea or land port-ofentry prior to entering the United States 

from contiguous territory or adjacent 

islands. 

(iv) Children. A child who is a 

Canadian citizen arriving from 

contiguous territory may present for 

admission to the United States at sea or 

land ports-of-entry certain other 

documents if the arrival meets the 

requirements described below. 

(A) Children Under Age 16. A 

Canadian citizen who is under the age 

of 16 is permitted to present an original 

or certified copy of his or her birth 

certificate when arriving in the United 

States from contiguous territory at sea or 

land ports-of-entry. 

(B) Groups of Children Under Age 19. 

A Canadian citizen, under age 19 who 

is traveling with a public or private 

school group, religious group, social or 

cultural organization, or team associated 

with a youth sport organization is 

permitted to present an original or 

certified copy of his or her birth 

certificate when arriving in the United 

States from contiguous territory at sea or 

land ports-of-entry, when the group, 

organization or team is under the 

supervision of an adult affiliated with 

the organization and when the child has 

parental or legal guardian consent to 

travel. For purposes of this paragraph, 

an adult is considered to be a person 

who is age 19 or older. The following 

requirements will apply: 

(1) The group, organization, or team 

must provide to CBP upon crossing the 

border, on organizational letterhead: 

(i) The name of the group, 

organization or team, and the name of 

the supervising adult; 

(ii) A trip itinerary, including the 

stated purpose of the trip, the location 

of the destination, and the length of 

stay; 

(iii) A list of the children on the trip; 

(iv) For each child, the primary 

address, primary phone number, date of 

birth, place of birth, and name of a 

parent or legal guardian. 

(2) The adult leading the group, 

organization, or team must demonstrate 

parental or legal guardian consent by 

certifying in the writing submitted in 

paragraph (a)(1)(iv)(B)(1) of this section 

that he or she has obtained for each 

child the consent of at least one parent 

or legal guardian. 

(3) The inspection procedure 

described in this paragraph is limited to 

members of the group, organization, or 

team who are under age 19. Other 

members of the group, organization, or 

team must comply with other applicable 

document and/or inspection 

requirements found in this part or parts 

211 or 235 of this subchapter. 

(2) Citizens of the British Overseas 

Territory of Bermuda. A visa is 

generally not required for Citizens of the 

British Overseas Territory of Bermuda, 

except those Bermudians that fall under 

nonimmigrant visa categories E, K, S or 

V as provided in paragraphs (h), (l), and 

(m) of this section and 22 CFR 41.2. A 

passport is required for Citizens of the 

British Overseas Territory of Bermuda 

arriving in the United States. 

* * * * * 

(c) Mexican nationals. (1) A visa and 

a passport are not required of a Mexican 

national who: 

(i) Is applying for admission as a 

temporary visitor for business or 

pleasure from Mexico at a land port-ofentry, or arriving by pleasure vessel or 

ferry, if the national is in possession of 

a Form DSP–150, B–1/B–2 Visa and 

Border Crossing Card, containing a 

machine-readable biometric identifier, 

issued by the Department of State. 

(ii) Is applying for admission from 

contiguous territory or adjacent islands 

at a sea or land port-of-entry, if the 

national is a member of the Texas Band 

of Kickapoo who is in possession of a 

Form I–872 American Indian Card. 

* * * * * 

PART 235—INSPECTION OF PERSONS 

APPLYING FOR ADMISSION 

4. The authority citation for part 235 

is revised to read as follows: 

Authority: 8 U.S.C. 1101 and note, 1103, 

1183, 1185 (pursuant to E.O. 13323, 

published January 2, 2004), 1201, 1224, 1225, 

1226, 1228, 1365a note, 1379, 1731–32; 8 

U.S.C. 1185 note (section 7209 of Pub. L. 

108–458, as amended by section 546 of Pub. 

L. 109–295). 

5. Section 235.1 is amended by: 

a. Revising paragraph (b); and 

b. Revising paragraph (d). 

The revised text reads as follows: 

§ 235.1 Scope of Examination. 

* * * * * 

(b) U.S. Citizens. A person claiming 

United States citizenship must establish 

that fact to the examining officer’s 

satisfaction and must present a passport 

or alternative documentation as 

required by 22 CFR part 53. If such 

applicant for admission fails to satisfy 

the examining immigration officer that 

he or she is a citizen, he or she shall 

thereafter be inspected as an alien. A 

United States citizen must present a 

valid unexpired traditional passport 

upon entering the United States, unless 

he or she presents one of the following 

documents: 

(1) Passport Card. A United States 

citizen who possesses a valid unexpired 

United States passport card, as defined 

in 22 CFR 53.1, may present the 

passport card when entering the United 

States from Canada, Mexico, the 

Caribbean or Bermuda at sea or land 

ports-of-entry. 

(2) Merchant Mariner Document. A 

United States citizen who holds a 

Merchant Mariner Document (MMD) 

issued by the U.S. Coast Guard may 

present an unexpired MMD used in 

conjunction with official maritime 

business when entering the United 

States. 

(3) Military Identification. Any U.S. 

citizen member of the U.S. Armed 

Forces who is in the uniform of, or bears 

documents identifying him or her as a 

member of, such Armed Forces, and 

who is coming to or departing from the 

United States under official orders or 

permit of such Armed Forces, may 

present a military identification card 

and the official orders when entering 

the United States. 

(4) Trusted Traveler Programs. A 

United States citizen who travels as a 

participant in the NEXUS, FAST or 

SENTRI programs may present a valid 

NEXUS program card when using a 

NEXUS Air kiosk or a valid NEXUS, 

FAST, or SENTRI card at a sea or land 

port-of-entry prior to entering the 


rwilkins on PROD1PC63 with PROPOSALS2
35114 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

United States from contiguous territory 

or adjacent islands. A United States 

citizen who enters the United States by 

pleasure vessel from Canada using the 

remote inspection system may present a 

NEXUS program card. 

(5) Certain Cruise Ship Passengers. A 

United States citizen traveling entirely 

within the Western Hemisphere is 

permitted to present a governmentissued photo identification document in 

combination with either an original or a 

certified copy of his or her birth 

certificate, a Consular Report of Birth 

Abroad issued by the Department of 

State, or a Certificate of Naturalization 

issued by U.S. Citizenship and 

Immigration Services before entering the 

United States when the United States 

citizen: 

(i) Boards a cruise ship at a port or 

place within the United States; and, 

(ii) Returns on the same cruise ship to 

the same United States port or place 

from where he or she originally 

departed. 

(6) Native American Holders of an 

American Indian Card. A Native 

American holder of a Form I–872 

American Indian Card arriving from 

contiguous territory is permitted to 

present the Form I–872 card prior to 

entering the United States at a land or 

sea port-of-entry. 

(7) Children. A child who is a United 

States citizen entering the United States 

from contiguous territory at a sea or 

land ports-of-entry may present certain 

other documents, if the arrival meets the 

applicable requirements described 

below. 

(i) Children Under Age 16. A United 

States citizen who is under the age of 16 

is permitted to present either an original 

or a certified copy of his or her birth 

certificate, a Consular Report of Birth 

Abroad issued by the Department of 

State, or a Certificate of Naturalization 

issued by U.S. Citizenship and 

Immigration Services when entering the 

United States from contiguous territory 

at sea or land ports-of-entry. 

(ii) Groups of Children Under Age 19. 

A United States citizen, who is under 

age 19 and is traveling with a public or 

private school group, religious group, 

social or cultural organization or team 

associated with a youth sport 

organization is permitted to present 

either an original or a certified copy of 

his or her birth certificate, a Consular 

Report of Birth Abroad issued by the 

Department of State, or a Certificate of 

Naturalization issued by U.S. 

Citizenship and Immigration Services 

when arriving from contiguous territory 

at sea or land ports-of-entry, when the 

group, organization, or team is under 

the supervision of an adult affiliated 

with the group, organization, or team 

and when the child has parental or legal 

guardian consent to travel. For purposes 

of this paragraph, an adult is considered 

to be a person age 19 or older. The 

following requirements will apply: 

(A) The group or organization must 

provide to CBP upon crossing the 

border, on organizational letterhead: 

(1) The name of the group, 

organization or team, and the name of 

the supervising adult; 

(2) A list of the children on the trip; 

(3) For each child, the primary 

address, primary phone number, date of 

birth, place of birth, and name of a 

parent or legal guardian. 

(B) The adult leading the group, 

organization, or team must demonstrate 

parental or legal guardian consent by 

certifying in the writing submitted in 

paragraph (b)(7)(ii)(A) of this section 

that he or she has obtained for each 

child the consent of at least one parent 

or legal guardian. 

(C) The inspection procedure 

described in this paragraph is limited to 

members of the group, organization, or 

team who are under age 19. Other 

members of the group, organization, or 

team must comply with other applicable 

document and/or inspection 

requirements found in this part. 

* * * * * 

(d) Pilot Programs; alternate 

requirements. For purposes of 

conducting a test program or procedure 

designed to evaluate the effectiveness of 

technology or operational procedures 

regarding the suitability of travel 

documents that denote citizenship and 

identity, the Secretary of Homeland 

Security may enter into a voluntary 

pilot program agreement with a State, 

tribe, province, territory, or foreign 

government. The Secretary of Homeland 

Security may, by publication of a notice 

in the Federal Register, designate as an 

acceptable document for travel into the 

United States from elsewhere in the 

Western Hemisphere, on a temporary 

basis, a valid and lawfully obtained 

document from a State, tribe, province, 

territory, or foreign government 

developed in accordance with a 

voluntary pilot program agreement 

between that entity and the Department 

of Homeland Security. If a pilot program 

document is announced in such a 

notice, United States citizens or foreign 

nationals may present these accepted 

pilot program documents in lieu of a 

passport upon entering or seeking 

admission to the United States 

according to the terms announced in the 

pilot program agreements. A list of such 

programs and documents are available 

on the Customs and Border Protection 

Web site. 

* * * * * 

Title 22—Foreign Relations 

PART 41—VISAS: DOCUMENTATION 

OF NONIMMIGRANTS UNDER THE 

IMMIGRATION AND NATIONALITY ACT 

1. The authority citation for part 41 is 

revised to read as follows: 

Authority: 8 U.S.C. 1104; Pub. L. 105–277, 

112 Stat. 2681–795 through 2681–801; 8 

U.S.C. 1185 note (section 7209 of Pub. L. 

108–458, as amended by section 546 of Pub. 

L. 109–295). 

Subpart A—Passport and Visas Not 

Required for Certain Nonimmigrants 

2. A new section 41.0 is added to read 

as follows: 

§ 41.0 Definitions. 

For purposes of this chapter: 

Adjacent islands means Bermuda and 

the islands located in the Caribbean Sea, 

except Cuba. 

Cruise ship means a passenger vessel 

over 100 gross tons, carrying more than 

12 passengers for hire, making a voyage 

lasting more than 24 hours any part of 

which is on the high seas, and for which 

passengers are embarked or 

disembarked in the United States or its 

territories. 

Ferry means any vessel operating on 

a pre-determined fixed schedule and 

route, which is being used solely to 

provide transportation between places 

that are no more than 300 miles apart 

and which is being used to transport 

passengers, vehicles, and/or railroad 

cars; 

Pleasure vessel means a vessel that is 

used exclusively for recreational or 

personal purposes and not to transport 

passengers or property for hire; and 

United States means ‘‘United States’’

as defined in section 215(c) of the 

Immigration and Nationality Act of 

1952, as amended (8 U.S.C. 1185(c)). 

§ 41.1 [Amended] 

3. Section 41.1 is amended by 

removing and reserving paragraph (b). 

4. Section 41.2 is amended by revising 

the introductory text and paragraphs (a), 

(b), and (g)(1), and adding a paragraph 

(g)(5) to read as follows: 

§ 41.2 Exemption or Waiver by Secretary 

of State and Secretary of Homeland 

Security of passport and/or visa 

requirements for certain categories of 

nonimmigrants. 

Pursuant to the authority of the 

Secretary of State and the Secretary of 

Homeland Security under INA as 

amended a passport and/or visa is not 


rwilkins on PROD1PC63 with PROPOSALS2
Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 35115 

required for the following categories of 

nonimmigrants: 

(a) Canadian citizens. A visa is not 

required for an American Indian born in 

Canada having at least 50 percentum of 

blood of the American Indian race. A 

visa is not required for other Canadian 

citizens except for those who apply for 

admission in E, K, V, or S nonimmigrant 

classification as provided in paragraphs 

(k) and (m) of this section and 8 CFR 

212.1. A passport is required for 

Canadian citizens applying for 

admission to the United States, except 

when one of the following exceptions 

applies: 

(1) NEXUS Program. A Canadian 

citizen who is traveling as a participant 

in the NEXUS program may present a 

valid NEXUS program card when using 

a NEXUS Air kiosk or when entering the 

United States from contiguous territory 

or adjacent islands at a land or sea portof-entry, and who is not otherwise 

required to present a passport and visa 

as provided in paragraphs (k) and (m) of 

this section and 8 CFR 212.1. A 

Canadian citizen who enters the United 

States by pleasure vessel from Canada 

under the remote inspection system may 

present a NEXUS program card. 

(2) FAST Program. A Canadian citizen 

who is traveling as a participant in the 

FAST program, and who is not 

otherwise required to present a passport 

and visa as provided in paragraphs (k) 

and (m) of this section and 8 CFR 212.1, 

may present a valid FAST card at a sea 

or land port-of-entry prior to entering 

the United States from contiguous 

territory or adjacent islands. 

(3) SENTRI Program. A Canadian 

citizen who is traveling as a participant 

in the SENTRI program, and who is not 

otherwise required to present a passport 

and visa as provided in paragraphs (k) 

and (m) of this section and 8 CFR 212.1, 

may present a valid SENTRI card at a 

sea or land port-of-entry prior to 

entering the United States from 

contiguous territory or adjacent islands. 

(4) Children. A child who is a 

Canadian citizen who is seeking 

admission to the United States when 

arriving from contiguous territory at a 

sea or land port-of-entry, may present 

certain other documents if the arrival 

meets the applicable requirements 

described below. 

(i) Children Under Age 16. A 

Canadian citizen who is under the age 

of 16 is permitted to present an original 

or certified copy of his or her birth 

certificate when arriving in the United 

States from contiguous territory at sea or 

land ports-of-entry. 

(ii) Groups of Children Under Age 19. 

A Canadian citizen who is under age 19 

and who is traveling with a public or 

private school group, religious group, 

social or cultural organization, or team 

associated with a youth sport 

organization may present an original or 

certified copy of his or her birth 

certificate when applying for admission 

to the United States from contiguous 

territory at all sea and land ports-ofentry, when the group, organization or 

team is under the supervision of an 

adult affiliated with the organization 

and when the child has parental or legal 

guardian consent to travel. For purposes 

of this paragraph, an adult is considered 

to be a person who is age 19 or older. 

The following requirements will 

apply: 

(A) The group, organization, or team 

must provide to CBP upon crossing the 

border, on organizational letterhead: 

(1) The name of the group, 

organization or team, and the name of 

the supervising adult; 

(2) A trip itinerary, including the 

stated purpose of the trip, the location 

of the destination, and the length of 

stay; 

(3) A list of the children on the trip; 

(4) For each child, the primary 

address, primary phone number, date of 

birth, place of birth, and the name of at 

least one parent or legal guardian. 

(B) The adult leading the group, 

organization, or team must demonstrate 

parental or legal guardian consent by 

certifying in the writing submitted in 

paragraph (a)(4)(ii)(A) of this section 

that he or she has obtained for each 

child the consent of at least one parent 

or legal guardian. 

(C) The procedure described in this 

paragraph is limited to members of the 

group, organization, or team that are 

under age 19. Other members of the 

group, organization, or team must 

comply with other applicable document 

and/or inspection requirements found 

in this part and 8 CFR parts 212 and 

235. 

(5) Pilot Programs. A Canadian citizen 

who is traveling as a participant in a 

pilot program approved by the Secretary 

of Homeland Security pursuant to 8 CFR 

235.1(d) may present an acceptable 

alternative document specified for that 

pilot program when entering the United 

States from contiguous territory or 

adjacent islands at a land or sea port-ofentry, and who is not otherwise 

required to present a passport and visa 

as provided in paragraphs (k) and (m) of 

this section and 8 CFR 212.1. A 

Canadian citizen who enters the United 

States by pleasure vessel from Canada 

under the remote inspection system may 

also present an acceptable pilot program 

document if the Canadian citizen is 

participating in a pilot program which 

specifically provides that the acceptable 

pilot program document may be 

presented for remote entry. 

* * * * * 

(b) Citizens of the British Overseas 

Territory of Bermuda. A visa is not 

required, except for Citizens of the 

British Overseas Territory of Bermuda 

who apply for admission in E, K, V, or 

S nonimmigrant visa classification as 

provided in paragraphs (k) and (m) of 

this section and 8 CFR 212.1. A passport 

is required for Citizens of the British 

Overseas Territory of Bermuda applying 

for admission to the United States. 

* * * * * 

(g) Mexican nationals. (1) A visa and 

a passport are not required of a Mexican 

national who is applying for admission 

from Mexico as a temporary visitor for 

business or pleasure at a land port-ofentry, or arriving by pleasure vessel or 

ferry, if the national is in possession of 

a Form DSP–150, B–1/B–2 Visa and 

Border Crossing Card, containing a 

machine-readable biometric identifier, 

issued by the Department of State. 

* * * * * 

(5) A visa and a passport are not 

required of a Mexican national who is 

applying for admission from contiguous 

territory or adjacent islands at a land or 

sea port-of-entry, if the national is a 

member of the Texas Band of Kickapoo 

who is in possession of a Form I–872 

American Indian Card issued by U.S. 

Citizenship and Immigration Services 

(USCIS). 

* * * * * 

PART 53—PASSPORT REQUIREMENT 

AND EXCEPTIONS 

5. The authority citation for part 53 

continues to read as follows: 

Authority: 8 U.S.C. 1185; 8 U.S.C. 1185 

note (section 7209 of Pub. L. 108–458); E.O. 

13323, 69 FR 241 (Dec. 30, 2003). 

6. Section 53.2 is revised to read as 

follows: 

§ 53.2 Exceptions. 

(a) U.S. citizens are not required to 

bear U.S. passports when traveling 

directly between parts of the United 

States as defined in § 50.1 of this 

chapter. 

(b) A U.S. citizen is not required to 

bear a valid U.S. passport to enter or 

depart the United States: 

(1) When traveling as a member of the 

Armed Forces of the United States on 

active duty and when he or she is in the 

uniform of, or bears documents 

identifying him or her as a member of, 

such Armed Forces, when under official 

orders or permit of such Armed Forces, 

and when carrying a military 

identification card; or 


rwilkins on PROD1PC63 with PROPOSALS2
35116 Federal Register / Vol. 72, No. 122 / Tuesday, June 26, 2007 / Proposed Rules 

(2) When traveling entirely within the 

Western Hemisphere on a cruise ship, 

when the U.S. citizen boards the cruise 

ship at a port or place within the United 

States, and, returns on the same cruise 

ship to the same United States port or 

place from where he or she originally 

departed. That U.S. citizen may present 

a government-issued photo 

identification document in combination 

with either an original or a certified 

copy of his or her birth certificate, a 

Consular Report of Birth Abroad issued 

by the Department, or a Certificate of 

Naturalization issued by U.S. 

Citizenship and Immigration Services 

before entering the United States; or 

(3) When traveling as a U.S. citizen 

seaman, carrying an unexpired 

Merchant Marine Document (MMD) in 

conjunction with maritime business. 

The MMD is not sufficient to establish 

citizenship for purposes of issuance of 

a United States passport under part 51 

of this chapter; or 

(4) Trusted Traveler Programs—(i) 

NEXUS Program. When traveling as a 

participant in the NEXUS program, he 

or she may present a valid NEXUS 

program card when using a NEXUS Air 

kiosk or when entering the United 

States from contiguous territory or 

adjacent islands at a sea or land port-ofentry. A U.S. citizen who enters the 

United States by pleasure vessel from 

Canada under the remote inspection 

system may also present a NEXUS 

program card; 

(ii) FAST Program. A U.S. citizen who 

is traveling as a participant in the FAST 

program may present a valid FAST card 

when entering the United States from 

contiguous territory or adjacent islands 

at a sea or land port-of-entry; 

(iii) SENTRI Program. A U.S. citizen 

who is traveling as a participant in the 

SENTRI program may present a valid 

SENTRI card when entering the United 

States from contiguous territory or 

adjacent islands at a sea or land port-ofentry; 

(iv) The NEXUS, FAST, and SENTRI 

cards are not sufficient to establish 

citizenship for purposes of issuance of 

a U.S. passport under part 51 of this 

chapter; or 

(5) When arriving at land ports of 

entry and sea ports of entry from 

contiguous territory or adjacent islands, 

Native American holders of American 

Indian Cards (Form I–872) issued by 

United States Citizenship and 

Immigration Services (USCIS) may 

present those cards. 

(6) When bearing documents or 

combinations of documents the 

Secretary of Homeland Security has 

determined under Section 7209(b) of 

Public Law 108–458 (8 U.S.C. 1185 

note) are sufficient to denote identity 

and citizenship. 

(7) When the U.S. citizen is employed 

directly or indirectly on the 

construction, operation, or maintenance 

of works undertaken in accordance with 

the treaty concluded on February 3, 

1944, between the United States and 

Mexico regarding the functions of the 

International Boundary and Water 

Commission (IBWC), TS 994, 9 Bevans 

1166, 59 Stat. 1219, or other related 

agreements, provided that the U.S. 

citizen bears an official identification 

card issued by the IBWC and is traveling 

in connection with such employment; 

or 

(8) When the Department of State 

waives, pursuant to EO 13323 of 

December 30, 2003, Sec. 2, the 

requirement with respect to the U.S. 

citizen because there is an unforeseen 

emergency; or 

(9) When the Department of State 

waives, pursuant to EO 13323 of 

December 30, 2003, Sec. 2, the 

requirement with respect to the U.S. 

citizen for humanitarian or national 

interest reasons. 

(10) When the U.S. citizen is a child 

under the age of 19 arriving from 

contiguous territory in the following 

circumstances: 

(i) Children Under Age 16. A United 

States citizen who is under the age of 16 

is permitted to present either an original 

or a certified copy of his or her birth 

certificate, a Consular Report of Birth 

Abroad, or a Certificate of 

Naturalization issued by U.S. 

Citizenship and Immigration Services 

when entering the United States from 

contiguous territory at sea or land portsof-entry. 

(ii) Groups of Children Under Age 19. 

A U.S. citizen who is under age 19 and 

who is traveling with a public or private 

school group, religious group, social or 

cultural organization, or team associated 

with a youth sport organization may 

present either an original or certified 

copy of his or her birth certificate, a 

Consular Report of Birth Abroad, or a 

Certificate of Naturalization issued by 

U.S. Citizenship and Immigration 

Services when arriving in the United 

States from contiguous territory at all 

land or sea ports of entry, when the 

group, organization or team is under the 

supervision of an adult affiliated with 

the organization and when the child has 

parental or legal guardian consent to 

travel. For purposes of this paragraph, 

an adult is considered to be a person 

who is age 19 or older. The following 

requirements will apply: 

(A) The group, organization, or team 

must provide to CBP upon crossing the 

border on organizational letterhead: 

(1) The name of the group, 

organization or team, and the name of 

the supervising adult; 

(2) A list of the children on the trip; 

and 

(3) For each child, the primary 

address, primary phone number, date of 

birth, place of birth, and the name of at 

least one parent or legal guardian. 

(B) The adult leading the group, 

organization, or team must demonstrate 

parental or legal guardian consent by 

providing certifying in the writing 

submitted in paragraph (b)(10)(ii)(A) of 

this section that he or she has obtained 

for each child the consent of at least one 

parent or legal guardian. 

(C) The procedure described in this 

paragraph is limited to members of the 

group, organization, or team who are 

under age 19. Other members of the 

group, organization, or team must 

comply with other applicable document 

and/or inspection requirements found 

in 8 CFR parts 211, 212 or 235. 

Michael Chertoff, 

Secretary of Homeland Security, Department 

of Homeland Security. 

Dated: June 19, 2007. 

Henrietta Fore, 

Under Secretary of State for Management, 

Department of State. 

[FR Doc. 07–3104 Filed 6–21–07; 2:11 pm] 

BILLING CODE 9111–14–P 


rwilkins on PROD1PC63 with PROPOSALS2