[Federal Register Volume 74, Number 105 (Wednesday, June 3, 2009)]
[Notices]
[Pages 26721-26722]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12939]
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DEPARTMENT OF HOMELAND SECURITY
Notice to Aliens Included in the United States Visitor and
Immigrant Status Indicator Technology (US-VISIT) Program; Collection of
Alien Biometric Data upon Exit From the United States at Air Ports of
Departure
AGENCY: National Protection and Programs Directorate, Department of
Homeland Security.
ACTION: Notice.
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SUMMARY: This notice informs the public of the implementation of United
States Visitor and Immigrant Status Indicator Technology (US-VISIT)
Program exit pilot programs at two air ports of entry as required by
the Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009. The 2009 appropriations act limited the
Department of Homeland Security's funding until US-VISIT conducts
certain exit pilots programs and submits a report to Congress. This
notice also announces the location of the exit pilot programs and
describes the process by which the exit pilot programs will be
evaluated by the Department of Homeland Security (DHS). The airport
locations are Atlanta, Georgia, and Detroit, Michigan.
FOR FURTHER INFORMATION CONTACT: Helen deThomas, US-VISIT, Department
of Homeland Security, 245 Murray Drive, SW., Washington, DC, 20020;
(202) 298-5200 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland Security (DHS) established US-VISIT in
accordance with several congressional mandates requiring DHS to create
an integrated, automated entry-exit system that records the arrival and
departure of aliens, verifies aliens' identities, and authenticates
aliens' travel documents through the comparison of biometric
identifiers.
On April 24, 2008, DHS published a notice of proposed rulemaking
(NPRM) to establish an exit program at all air and sea ports of
departure in the United States. See 73 FR 22056. The NPRM proposed that
aliens subject to US-VISIT entry requirements would provide biometric
information to commercial air and vessel carriers before departing the
United States at air and sea ports of entry. The commercial air and
vessel carriers would be required to collect and transmit the biometric
information to DHS. The rule would have exempted, at that time, certain
private and small carriers.
The Consolidated Security, Disaster Assistance, and Continuing
Appropriations Act, 2009, Public Law 110-329, 122 Stat. 3574, 3669-70
(Sept. 30, 2008) (2009 Appropriations Act) subsequently provided:
That no funding under this heading shall be obligated for
implementation of a final air exit solution pursuant to the notice
of proposed rulemaking (DHS-2008-0039) published on April 24, 2008,
until the Committees on Appropriations of the Senate and the House
of Representatives receive a report on pilot tests of the air exit
solution, which shall be reviewed by the Government Accountability
Office, and which shall test at least two scenarios: (a) Where the
airlines collect and transmit biometric exit data as proposed in the
notice of proposed rulemaking and (b) where U.S. Customs and Border
Protection collects such information at the departure gates.
DHS is conducting an additional pilot in which the Transportation
Security Administration (TSA) collects and transmits biometric exit
data at an airport security checkpoint. The air exit pilots are being
conducted by CBP at the Detroit Metropolitan Wayne County Airport (DTW)
and by TSA at the Hartsfield-Jackson Atlanta International Airport
(ATL) for a 30-45 day period and began on May 28, 2009.
Pilot 1: CBP at the Departure Gate
CBP officers are conducting a pilot at the departure gate. The
purpose of this pilot is to evaluate the impact of collecting biometric
information at or near the departure gate from aliens who are subject
to US-VISIT biometric requirements departing the United States for
foreign destinations. The biometric information consists of one or more
electronic fingerprints captured using a mobile or portable device. The
biographic information includes travel document information, such as
name, date of birth, document issuance type, country, and number--all
of which are contained in the document's machine-readable zone (MRZ) of
a machine-readable travel document (MRTD). CBP is following defined
processes that minimize interference with the air carrier boarding
process. This pilot will capture the cycle time necessary for the
additional verification and collection of this biometric data from
international travelers.
Pilot 2: TSA at the Security Checkpoint
TSA is conducting a pilot at the security checkpoint. The purpose
of this pilot is to evaluate the impact of collecting biometric
information at the TSA security checkpoints from those aliens who are
subject to US-VISIT biometric requirements departing the United States
for foreign destinations. Those travelers with international
destinations are directed to an area within the checkpoint where the
biographic and biometric information is collected. The biometric
information consists of one or more electronic fingerprints captured
using a mobile device. The biographic information includes travel
document information, such as name, date of birth, document issuance
type, country, and number--all of which are contained in the document's
MRZ of the MRTD. This pilot will capture the cycle time necessary for
the additional verification and collection of this biometric data from
international travelers.
Air Exit Pilots Evaluation
The goal of the pilots is to provide data in support of an
evaluation of each alternative to inform the final rule, supporting an
optimal air exit solution. The pilots have the following additional
objectives:
Evaluate identity verification and exit-recording
solutions with existing port operations and infrastructure.
Record the exit from the United States of each alien
encountered during the exit pilots who is subject to US-VISIT biometric
requirements at the designated airports.
Update the individual records of each alien encountered
during the exit pilots who is subject to US-VISIT biometric
requirements in the Automated Biometric Identification System (IDENT)
and the Arrival and Departure Information System (ADIS) with departure
encounter information.
DHS began collecting biographic and biometric data at the two exit
pilot program locations identified herein on May 28, 2009. A third exit
pilot program location to test the air carrier NPRM preferred solution
will be determined at a later date.\1\ DHS will evaluate the exit
[[Page 26722]]
pilot programs, including the methods and processes for collecting the
required information, after the pilots are completed.
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\1\ To date, no commercial air carrier has offered to test the
preferred solution in the proposed rule. This third air exit pilot
program would biometrically and biographically verify the identity
of each alien subject to US-VISIT biometric requirements departing
the United States using a designated commercial air carrier at
designated airport(s).
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Notice of Requirements for Biometric Collection From Aliens
In accordance with Immigration and Nationality Act (INA) section
215, as implemented in 8 CFR 215.8 and INA section 235, as implemented
in 8 CFR 235.1, DHS hereby provides a notice of the requirements for
biometric collection from aliens, as follows:
(a) Aliens subject to notice: Aliens subject to the conditions of
entry specified at 8 CFR 235.1(f)(1)(ii) are subject to this notice and
may be required to provide biometric information at the time of
departure from the United States.
(b) Aliens exempt: This notice does not apply to (i) aliens
admitted on A-1, A-2, C-3 (except for attendants, servants, or personal
employees of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2,
NATO-3, NATO-4, NATO-5, or NATO-6 visas, unless the Secretary of State
and the Secretary of Homeland Security jointly determine that a class
of such aliens should be subject to this notice; (ii) children under
the age of 14; (iii) persons over the age of 79; (iv) classes of aliens
the Secretary of Homeland Security and the Secretary of State jointly
determine shall be exempt; or (v) an individual alien whom the
Secretary of Homeland Security, the Secretary of State, or the Director
of Central Intelligence determines shall be exempt. Aliens admitted on
A-1, A-2, C-3 (except for attendants, servants, or personal employees
of accredited officials), G-1, G-2, G-3, G-4, NATO-1, NATO-2, NATO-3,
NATO-4, NATO-5, or NATO-6 visas who are no longer in such status on the
date of departure, however, are subject to the departure requirements
of this notice. Aliens exempted from paragraph (a) who are no longer in
an exempted status on the date of departure are subject to the
departure requirements of this notice.
(c) Biometric information: All aliens subject to this notice shall,
at the time of departure from designated air ports, submit electronic
fingerprints and provide their travel documents as requested at the
departure inspection locations.
(d) Airport(s) designated for US-VISIT inspection at time of alien
departure:
Atlanta, Georgia (Hartsfield-Jackson Atlanta International
Airport).
Detroit, Michigan (Detroit Metropolitan Wayne County
Airport).
Paperwork Reduction Act
US-VISIT, through TSA and CBP, is requiring aliens to provide
biometric data in certain limited circumstances described above. This
requirement is considered an information collection requirement under
the Paperwork Reduction Act (44 U.S.C. 3501, et seq.). The Office of
Management and Budget (OMB), in accordance with the Paperwork Reduction
Act, has previously approved this information collection for use. The
OMB control number for this collection is 1600-0006. The fingerprint
collection covered by 1600-0006 is unchanged from previously published
documentation.
Privacy
The US-VISIT air exit pilots use, collect, and share personally
identifiable information (PII) in accordance with the US-VISIT/IDENT
System of Records Notice (SORN), applicable privacy impact assessments
(PIAs), privacy laws, regulations, guidance, agreements, and best
practices to ensure that individual privacy is appropriately protected.
The US-VISIT Privacy Office published a comprehensive PIA on May 27,
2009, that includes the assessment for the elements being tested in the
air exit pilots that addresses the use, collection, and retention of
PII associated with the pilots, identifies possible risks and proposes
mitigating strategies. The PIA was reviewed and approved by the
Director of US-VISIT and the DHS Chief Privacy Officer. The PIA was
published on the DHS public Web site at http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_usvisit_air_exit.pdf.
The DHS Chief Privacy Officer, in conjunction with the US-VISIT
Privacy Officer, exercises oversight of the US-VISIT program to ensure
that the information maintained by US-VISIT is appropriately protected
under privacy laws and guidance. DHS has established procedures to
ensure the security, accuracy, relevance, timeliness, and completeness
of all information maintained by US-VISIT. Information is safeguarded
in terms of applicable rules and policies, including DHS policies for
automated systems security and access. Only those persons with an
official need to know information for the performance of their duties
have access. Records of all individuals, including non-U.S. citizens,
are protected in accordance with applicable privacy laws and
regulations.
Individuals, including non-U.S. citizens, who wish to contest or
seek an amendment of their records may submit an inquiry via the DHS
Traveler Redress Inquiry Program (DHS TRIP), a Web-based portal
available at http://www.dhs.gov/trip, or by writing to the US-VISIT
program office and sending a fax to (202) 298-5201 or an e-mail to
[email protected]. A mailed inquiry may be sent to the following
address: Privacy Officer, US-VISIT, National Protection and Programs
Directorate, Department of Homeland Security, Washington, DC 20528.
However, because security concerns occasionally cause mail delays, the
other communication methods are preferred and may result in quicker
responses. The request should include the requester's full name,
current address, date of birth, and a detailed explanation of the
amendment sought. More information on redress procedures can be found
at http://www.dhs.gov/xtrvlsec/programs/editorial 0436.shtm. If the
matter cannot be resolved by the US-VISIT Privacy Officer, further
appeal for resolution may be made to the DHS Chief Privacy Officer at
the following address: Chief Privacy Officer, U.S. Department of
Homeland Security, Washington, DC 20528; telephone (202) 282-8000; or
fax (202) 772-5036.
Robert A. Mocny,
Director, US-VISIT.
[FR Doc. E9-12939 Filed 6-2-09; 8:45 am]
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