80 FR 44983 - Test To Collect Biometric Information at Up to Ten U.S. Airports (“Be-Mobile Air Test”)

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection

Federal Register Volume 80, Issue 144 (July 28, 2015)

Page Range		44983-44986
FR Document		2015-18418

U.S. Customs and Border Protection (CBP) intends to conduct a test to collect biometric and biographic information from certain aliens who are departing the United States on selected flights from up to ten identified U.S. airports. This notice describes the test, its purpose, how it will be implemented, the individuals covered, the duration of the test, where the test will take place, and the privacy considerations. This test will not apply to U.S. citizens.

Federal Register, Volume 80 Issue 144 (Tuesday, July 28, 2015)

[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Notices]
[Pages 44983-44986]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-18418]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

Test To Collect Biometric Information at Up to Ten U.S. Airports
(``Be-Mobile Air Test'')

AGENCY: U.S. Customs and Border Protection; Department of Homeland
Security.

ACTION: General notice.

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SUMMARY: U.S. Customs and Border Protection (CBP) intends to conduct a
test to collect biometric and biographic information from certain
aliens who are departing the United States on selected flights from up
to ten identified U.S. airports. This notice describes the test, its
purpose, how it will be implemented, the individuals covered, the
duration of the test, where the test will take place, and the privacy
considerations. This test will not apply to U.S. citizens.

DATES: The test will begin no earlier than July 6, 2015, and will run
for approximately one year. The test will be rolled out over this one-
year period at up to ten of the following airports: Los Angeles
International Airport, Los Angeles, California; San Francisco
International Airport, San Francisco, California; Miami International
Airport, Miami, Florida; Hartsfield-Jackson Atlanta International
Airport, Atlanta, Georgia; Chicago O'Hare International Airport,
Chicago, Illinois; Newark Liberty International Airport, Newark, New
Jersey; John F. Kennedy International Airport, Jamaica, New York;
Dallas Fort Worth International Airport, Dallas, Texas; George Bush
Intercontinental Airport, Houston, Texas; and Washington Dulles
International Airport, Sterling, Virginia.

FOR FURTHER INFORMATION CONTACT: Edward Fluhr, Assistant Director,
Entry/Exit Transformation Office, U.S. Customs and Border Protection,
by phone at (202) 344-2377 or by email at edward.fluhr@cbp.dhs.gov.

SUPPLEMENTARY INFORMATION:

Background

The US-VISIT Program

The Department of Homeland Security (DHS) established the United
States Visitor and Immigrant Status Indicator Technology (US-VISIT)
Program in accordance with several federal statutory mandates requiring
DHS to create an integrated, automated entry and exit system that
records the arrival and departure of aliens, verifies the aliens'
identities, and authenticates aliens' travel documents through the
comparison of biometric identifiers. Under these various federal
statutory mandates, certain aliens may be required to provide
biometrics (including digital fingerprint scans, photographs, facial
and iris images, or other biometric identifiers \1\) upon arrival in,
or departure from, the United States.
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\1\ As used in this notice, a ``biometric identifier'' is a
physical characteristic or other physical attribute unique to an
individual that can be collected, stored, and used to verify the
identity of a person who presents himself or herself to a CBP
officer at the border. To verify a person's identity, a similar
physical characteristic or attribute is collected and compared
against the previously collected identifier.
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On March 16, 2013, US-VISIT's entry and exit operations, including
deployment of a biometric exit system, were transferred to U.S. Customs
and Border Protection (CBP). See Consolidated and Further Continuing
Appropriations Act, 2013, Public Law 113-6, 127 Stat. 198 (2013). The
Act also transferred the US-VISIT Program's overstay analysis function
to U.S. Immigration and Customs Enforcement (ICE) and its biometric
identity management services to the Office of Biometric Management
(OBIM), a newly-created office within the National Protection and
Programs Directorate. CBP assumed responsibility for operating
biometric entry and implementing biometric exit programs on April 1,
2013.
Since the transfer of US-VISIT's entry and exit operations to CBP,
CBP has continued to consider ways to collect

[[Page 44984]]

biometric information from departing aliens. This notice announces that
CBP will be conducting the Biometric Exit Mobile (BE-Mobile) Air Test
at up to ten of the identified U.S. airports. In this test, CBP
officers will utilize wireless handheld devices to collect biographic
and biometric information from certain aliens upon departure,
biometrically record their departure, and screen their biometric data
against a DHS biometric database \2\ in real time. This notice
describes the BE-Mobile Air Test, its purpose, how it will be
implemented, the individuals covered, the duration of the test, where
the test will take place, and the privacy considerations.
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\2\ See the Privacy Impact Assessment at http://www.dhs.gov/privacy-documents-us-customs-and-border-protection for more
information about the databases where the biometric and biographic
information will be maintained.
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Legal Authority

The federal statutes that mandate DHS to create a biometric entry
and exit system to record the arrival and departure of certain aliens
include, but are not limited to:
Section 2(a) of the Immigration and Naturalization Service
Data Management Improvement Act of 2000 (DMIA), Public Law 106-215, 114
Stat. 337 (2000);
Section 205 of the Visa Waiver Permanent Program Act of
2000, Public Law 106-396, 114 Stat. 1637, 1641 (2000);
Section 414 of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (USA PATRIOT Act), Public Law 107-56, 115 Stat.
272, 353 (2001);
Section 302 of the Enhanced Border Security and Visa Entry
Reform Act of 2002 (Border Security Act), Public Law 107-173, 116 Stat.
543, 552 (2002);
Section 7208 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (IRTPA), Public Law 108-458, 118 Stat. 3638,
3817 (2004); and
Section 711 of the Implementing Recommendations of the 9/
11 Commission Act of 2007, Public Law 110-52, 121 Stat. 266 (2007).
Section 7208 of the IRTPA, as codified at 8 U.S.C. 1365b,
specifically requires that DHS's entry and exit data system collect
biometric exit data for all categories of individuals who are required
to provide biometric entry data.
On January 5, 2004, DHS published an interim final rule (IFR) in
the Federal Register (69 FR 468) implementing the first phase of US-
VISIT at specified air and sea ports of entry. This IFR amended section
235.1 of title 8 of the Code of Federal Regulations (CFR) (8 CFR 235.1)
to authorize the Secretary to require certain aliens seeking admission
into the United States through nonimmigrant visas to provide
fingerprints, photographs, or other biometric identifiers to CBP upon
arrival in, or departure from, the United States at air or sea ports of
entry.\3\ The specified air and sea ports of entry where such
collection of biometric information was to occur were designated by
notice in the Federal Register. 69 FR 482 (January 5, 2004). DHS also
published two additional notices expanding the list of designated air
and sea ports. See 69 FR 46556 (August 3, 2004) and 69 FR 51695 (August
20, 2004). Since then, aliens who are required under federal law to
submit biometric information have been submitting fingerprints and
photographs upon entry to the United States at designated air and sea
ports of entry. The DHS biometric entry program is now operational at
15 sea ports and 115 airports including the identified airports
selected for the BE-Mobile Air Test.
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\3\ The IFR also authorized the Secretary to establish pilot
programs at up to fifteen air or sea ports of entry, to be
identified by notice in the Federal Register, through which DHS may
require certain aliens who depart from a designated air or sea port
of entry to provide specified biometric identifiers and other
evidence at the time of departure.
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The second phase of US-VISIT was implemented on August 31, 2004
when DHS published an IFR in the Federal Register (69 FR 53318)
expanding the program to the fifty most highly trafficked land border
ports-of-entry in the United States as required by 8 U.S.C.
1365a(d)(2).\4\ The IFR also amended 8 CFR 215.8 to provide that the
Secretary, or his designee, may establish pilot programs to collect
biometric information from certain aliens departing the United States
at land border ports of entry, and at up to fifteen air or sea ports of
entry designated through notice in the Federal Register. Specifically,
8 CFR 215.8(a)(1) provides that the Secretary, or his designee, may
establish pilot programs through which the Secretary or his delegate
may require an alien who departs the United States from a designated
port of entry to provide fingerprints, photographs or other specified
biometric identifiers, documentation of his or her immigration status
in the United States, and such other evidence as may be requested to
determine the alien's identity and whether he or she has properly
maintained his or her status while in the United States. The IFR also
specified that nonimmigrants seeking to enter the United States without
a visa under the Visa Waiver Program (VWP) are also required to provide
biometric information to DHS.\5\
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\4\ Section 1365a(d)(2) provides, in pertinent part, that
``[n]ot later than December 31, 2004, the Attorney General [now the
Secretary of Homeland Security] shall implement the integrated entry
and exit data system . . . at the 50 land border ports of entry
determined by the Attorney General to serve the highest numbers of
arriving and departing aliens.''
\5\ On December 19, 2008, DHS published a final rule in the
Federal Register (73 FR 77473) which finalized the IFR without
change.
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Previous Air Exit Pilots

Pursuant to the authority in 8 CFR 215.8, on June 3, 2009, DHS
published a notice in the Federal Register (74 FR 26721) announcing the
commencement of two air exit pilot programs.\6\ In one of the pilot
programs, CBP collected biometric information from certain aliens at or
near the departure gate at the Detroit/Metropolitan Wayne County
Airport in cooperation with Northwest Airlines. CBP collected biometric
information from aliens departing the United States for foreign
destinations who were subject to the biometric screening requirements.
The biometric collection consisted of one or more electronic
fingerprints captured using a mobile or portable device. CBP also
collected biographic information, including travel document
information, such as name, date of birth, document issuance type,
country and number from these aliens. CBP stored and forwarded the
departure records collected to a DHS database daily.
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\6\ DHS also conducted air exit pilot programs at various ports
of departure, in 2004, including Baltimore-Washington International
Airport (BWI), pursuant to the authority in 8 CFR 215.8.
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In the second pilot program, Transportation Security Administration
(TSA) collected biometric and biographic information from certain
aliens at the security checkpoint at the Atlanta/Hartsfield
International Airport. Aliens departing the United States for foreign
destinations who were subject to biometric screening requirements were
directed to an area within the checkpoint where the biographic and
biometric information was collected. The biometric collection consisted
of one or more electronic fingerprints captured using a mobile or
portable device. TSA also collected biographic information, including
travel document information, such as name, date of birth, document
issuance type, country and number from these aliens. TSA stored and
forwarded the departure records collected to a DHS database daily.
These pilot programs concluded on July 2, 2009. Although the
technology used in these pilot programs worked,

[[Page 44985]]

DHS concluded that these collection mechanisms would be extremely
resource intensive and very costly to implement long-term or at
additional airports. Therefore, DHS did not expand or extend the
pilots.

The Biometric Exit Mobile Air Test (``BE-Mobile Air Test'')

The BE-Mobile Air Test is designed to test both a new biometric
exit concept of operations at selected airports with CBP officers using
a wireless handheld device at the departure gate to collect biometric
and biographic data and CBP's outbound enforcement policies and
workforce distribution procedures. This test will significantly differ
from the 2009 pilot conducted by CBP in that the BE-Mobile Air Test
will use improved technology, will enable CBP officers to receive real
time information, will test a different concept of operations since law
enforcement officers can perform checks in real time, and will be less
resource intensive because CBP will conduct the test on fewer flights
per week than during the 2009 pilot. Through the test, CBP will be able
to conduct a statistically valid survey of the air outbound environment
that will assist DHS in determining how to effectively implement an air
biometric exit system. The BE-Mobile Air Test is one of CBP's key steps
in developing the capability to fulfill DHS' mandate to collect
biometric information from certain arriving and departing aliens.

Identified Airports

CBP will conduct the BE-Mobile Air Test at up to ten of the
following airports:
Los Angeles International Airport, Los Angeles,
California;
San Francisco International Airport, San Francisco,
California;
Miami International Airport, Miami, Florida;
Hartsfield-Jackson Atlanta International Airport, Atlanta,
Georgia;
Chicago O'Hare International Airport, Chicago, Illinois;
Newark Liberty International Airport, Newark, New Jersey;
John F. Kennedy International Airport, Jamaica, New York;
Dallas Fort Worth International Airport, Dallas, Texas;
George Bush Intercontinental Airport, Houston, Texas;
Washington Dulles International Airport, Sterling,
Virginia.
The airports selected for the BE-Mobile Air Test will be identified
on the CBP Web site, http://www.cbp.gov.

Description, Purpose and Implementation

Currently, certain aliens seeking admission into the United States
may be required to provide fingerprint and photographic biometric data
at ports of entry, including at the ten identified airports. This data
is used by CBP to verify the aliens' identities. (Certain aliens,
including individuals traveling on A or G visas and others as specified
in 8 CFR 235.1(f)(1)(iv), are exempt from this requirement).
The BE-Mobile Air Test will be conducted at the identified airports
on pre-selected outbound international flights. Flights will be pre-
selected on a random basis or chosen to correspond with existing
outbound enforcement operations. For the selected flight, CBP officers
will deploy to the departure gate and position themselves near the
departing passenger loading bridge to collect certain data from certain
departing travelers. Once travelers begin the departure process, CBP
officers will review the traveler's travel document (passport, visa,
lawful permanent resident card, or other qualifying travel document) to
determine if the traveler is an alien who is required to submit
biometric information at the time of departure as described in the next
section, entitled ``Aliens Covered.'' If so, the CBP officers will
obtain biographic data from these select aliens by swiping or inputting
the information from the alien's travel document on a wireless handheld
device.\7\ The biographic data collected during this test will be used
to create a biographic-based departure record in a CBP biographic
database. It will be paired with the biometric data collected to create
a complete, biometrically-based departure record for that alien. The
CBP officer will also capture two of the alien's fingerprints and
verify the fingerprints against the alien's biometric identity record.
Based on the results of the verification or additional law enforcement
information, the officer may then perform additional analysis or
conduct a further interview to determine if additional action may be
appropriate. When the departure inspection is complete, the results of
the transaction will be recorded in a DHS biometric database and a CBP
biographic database in real time.
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\7\ Air carriers will continue to report traveler information
through the Advance Passenger Information System (APIS).
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The primary mission of any biometric exit program is to provide
assurance of traveler identity on departure, giving CBP the opportunity
to match the departure with a prior arrival record. This capability
enhances the integrity of the immigration system and the ability to
accurately detect travelers that have overstayed their lawful period of
admission to the United States.
CBP will analyze and evaluate the test's performance based on a
number of criteria, including the occurrence of watchlist matches based
on biometric data, the occurrence of biometric-identified fraud, the
occurrence of inaccurate APIS manifests, how overstay calculations are
impacted, the transaction times for exit processing per traveler, the
rate of successful transactions, the occurrence of law enforcement
hits, including those requiring referral to secondary inspection, the
observations from the CBP officers performing the test, and system
performance. CBP will use the results of the BE-Mobile Air Test to
determine strategic programmatic requirements for a comprehensive
biometric exit solution.

Aliens Covered

For the duration of the test, aliens must provide the biometric
information described above at the time of departure of the selected
international flights at one of the selected airports, except for
aliens exempt pursuant to 8 CFR 215.8(a)(2) provided that the alien is
in exempted status on the date of departure.
Exempted aliens include:
(1) Canadian citizens who under section 101(a)(15)(B) of the
Immigration and Nationality Act are not otherwise required to present a
visa or have been issued Form I-94 (see Sec. 1.4) or Form 1-95 upon
arrival at the United States;
(2) 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, and
certain Taiwan officials who hold E-1 visas and members of their
immediate families who hold E-1 visas who are maintaining such status
at time of departure, 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;
(3) Children under the age of 14;
(4) Persons over the age of 79;
(5) Classes of aliens the Secretary of Homeland Security and the
Secretary of State jointly determine shall be exempt; or
(6) An individual alien whom the Secretary of Homeland Security,
the Secretary of State, or the Director of Central Intelligence
determines shall be exempt.

[[Page 44986]]

Duration of the Test

CBP will collect biographic information and fingerprint data from
select non-exempt aliens departing on selected international flights
from the identified airports for a period of approximately one year
from the start of the test. The information collected will constitute a
departure record for that alien and will be maintained in the CBP and
DHS databases for recording entries and departures.

Privacy

CBP will ensure that all Privacy Act requirements and applicable
policies are adhered to during the implementation of this test.
Additionally, CBP will be issuing a Privacy Impact Assessment (PIA),
which will outline how CBP will ensure compliance with Privacy Act
protections. The PIA will examine the privacy impact of the BE-Mobile
Air Test as it relates to DHS's Fair Information Practice Principles
(FIPPs). The FIPPs account for the nature and purpose of the
information being collected in relation to DHS's mission to preserve,
protect and secure the United States. The PIA will address issues such
as the security, integrity, and sharing of data, use limitation and
transparency. Once issued, the PIA will be made publicly available at:
http://www.dhs.gov/privacy-documents-us-customs-and-border-protection.
CBP has also issued an update to the DHS/CBP-007 Border Crossing
Information (BCI) System of Records, which fully encompasses all the
data that is being collected at the selected airports. The system of
records notice (SORN) was published in the Federal Register on May 11,
2015 (80 FR 26937).

Paperwork Reduction Act

CBP requires aliens subject to this notice to provide biometric and
biographic data at the airports selected for the test in the
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 1651-0138.

Date: July 22, 2015.
R. Gil Kerlikowske,
Commissioner.
[FR Doc. 2015-18418 Filed 7-27-15; 8:45 am]
BILLING CODE 9111-14-P

Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Notices 44983

grantees by providing data on how Services Regions. Site visit participants exceed eight (8) hours in duration and
health information technologies will be selected from among SAMHSA- will include, on average two (2)
facilitate the implementation of funded grant programs and non-profit participants at any one time during the
different types of SAMHSA grants; community behavioral health providers visit. The focus group and site visit
thereby fostering the appropriate nominated by Project Officers as sessions are expected to occur between
adoption of health information exemplars in the field of health the hours of 9:00 a.m. and 5:00 p.m. and
technologies within SAMSHA-funded information technologies, with will allow sufficient time for food and
programs. recognized success in at least one of the personal breaks. The total estimated
Ten (10) respective focus groups and four health information technology burden to participate in the focus
site visit sessions will collect qualitative domain categories. groups is 120 hours. The total estimated
data to provide a snapshot view of the The proposed ten (10) in-person focus burden to participate in the site visits is
current state of health information group sessions will not exceed 90- 160 hours. The following table
technology adoption. The focus groups minutes in duration and will be limited summarizes the estimated participation
will include up to six participations per to no less than six (6) and no more than burden:
session and will be representative of the (8) participants. The proposed ten (10) Focus Group and Site Visit Estimated
ten Department of Health and Human in-person site visit sessions will not Annual Hour Burden:

Number of Average
Number of responses Total Total burden
Activity hours per
respondents annually per responses hours
response
respondent

Focus Group ........................................................................ 80 1 80 1.5 120
Site Visits ............................................................................. 20 1 20 8 160

Total .............................................................................. 100 ........................ 100 ........................ 280

Send comments to Summer King, DATES: The test will begin no earlier aliens’ travel documents through the
SAMHSA Reports Clearance Officer, than July 6, 2015, and will run for comparison of biometric identifiers.
Room 2–1057, One Choke Cherry Road, approximately one year. The test will be Under these various federal statutory
Rockville, MD 20857 OR email her a rolled out over this one-year period at mandates, certain aliens may be
copy at summer.king@samhsa.hhs.gov. up to ten of the following airports: Los required to provide biometrics
Written comments should be received Angeles International Airport, Los (including digital fingerprint scans,
by September 28, 2015. Angeles, California; San Francisco photographs, facial and iris images, or
International Airport, San Francisco, other biometric identifiers 1) upon
Summer King,
California; Miami International Airport, arrival in, or departure from, the United
Statistician. Miami, Florida; Hartsfield-Jackson States.
[FR Doc. 2015–18428 Filed 7–27–15; 8:45 am] Atlanta International Airport, Atlanta, On March 16, 2013, US-VISIT’s entry
BILLING CODE 4162–20–P Georgia; Chicago O’Hare International and exit operations, including
Airport, Chicago, Illinois; Newark deployment of a biometric exit system,
Liberty International Airport, Newark, were transferred to U.S. Customs and
New Jersey; John F. Kennedy Border Protection (CBP). See
DEPARTMENT OF HOMELAND International Airport, Jamaica, New Consolidated and Further Continuing
SECURITY York; Dallas Fort Worth International Appropriations Act, 2013, Public Law
Airport, Dallas, Texas; George Bush 113–6, 127 Stat. 198 (2013). The Act
U.S. Customs and Border Protection Intercontinental Airport, Houston, also transferred the US-VISIT Program’s
Texas; and Washington Dulles overstay analysis function to U.S.
Test To Collect Biometric Information
International Airport, Sterling, Virginia. Immigration and Customs Enforcement
at Up to Ten U.S. Airports (‘‘Be-Mobile
Air Test’’) FOR FURTHER INFORMATION CONTACT: (ICE) and its biometric identity
Edward Fluhr, Assistant Director, Entry/ management services to the Office of
AGENCY: U.S. Customs and Border Exit Transformation Office, U.S. Biometric Management (OBIM), a
Protection; Department of Homeland Customs and Border Protection, by newly-created office within the National
Security. phone at (202) 344–2377 or by email at Protection and Programs Directorate.
edward.fluhr@cbp.dhs.gov. CBP assumed responsibility for
ACTION: General notice.
SUPPLEMENTARY INFORMATION: operating biometric entry and
SUMMARY: U.S. Customs and Border implementing biometric exit programs
Background
Protection (CBP) intends to conduct a on April 1, 2013.
test to collect biometric and biographic The US-VISIT Program Since the transfer of US-VISIT’s entry
information from certain aliens who are The Department of Homeland and exit operations to CBP, CBP has
departing the United States on selected Security (DHS) established the United continued to consider ways to collect
asabaliauskas on DSK5VPTVN1PROD with NOTICES

flights from up to ten identified U.S. States Visitor and Immigrant Status 1 As used in this notice, a ‘‘biometric identifier’’
airports. This notice describes the test, Indicator Technology (US-VISIT) is a physical characteristic or other physical
its purpose, how it will be Program in accordance with several attribute unique to an individual that can be
implemented, the individuals covered, federal statutory mandates requiring collected, stored, and used to verify the identity of
the duration of the test, where the test DHS to create an integrated, automated a person who presents himself or herself to a CBP
officer at the border. To verify a person’s identity,
will take place, and the privacy entry and exit system that records the a similar physical characteristic or attribute is
considerations. This test will not apply arrival and departure of aliens, verifies collected and compared against the previously
to U.S. citizens. the aliens’ identities, and authenticates collected identifier.

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44984 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Notices

biometric information from departing Code of Federal Regulations (CFR) (8 and such other evidence as may be
aliens. This notice announces that CBP CFR 235.1) to authorize the Secretary to requested to determine the alien’s
will be conducting the Biometric Exit require certain aliens seeking admission identity and whether he or she has
Mobile (BE-Mobile) Air Test at up to ten into the United States through properly maintained his or her status
of the identified U.S. airports. In this nonimmigrant visas to provide while in the United States. The IFR also
test, CBP officers will utilize wireless fingerprints, photographs, or other specified that nonimmigrants seeking to
handheld devices to collect biographic biometric identifiers to CBP upon enter the United States without a visa
and biometric information from certain arrival in, or departure from, the United under the Visa Waiver Program (VWP)
aliens upon departure, biometrically States at air or sea ports of entry.3 The are also required to provide biometric
record their departure, and screen their specified air and sea ports of entry information to DHS.5
biometric data against a DHS biometric where such collection of biometric
Previous Air Exit Pilots
database 2 in real time. This notice information was to occur were
describes the BE-Mobile Air Test, its designated by notice in the Federal Pursuant to the authority in 8 CFR
purpose, how it will be implemented, Register. 69 FR 482 (January 5, 2004). 215.8, on June 3, 2009, DHS published
the individuals covered, the duration of DHS also published two additional a notice in the Federal Register (74 FR
the test, where the test will take place, notices expanding the list of designated 26721) announcing the commencement
and the privacy considerations. air and sea ports. See 69 FR 46556 of two air exit pilot programs.6 In one
(August 3, 2004) and 69 FR 51695 of the pilot programs, CBP collected
Legal Authority biometric information from certain
(August 20, 2004). Since then, aliens
The federal statutes that mandate DHS who are required under federal law to aliens at or near the departure gate at
to create a biometric entry and exit submit biometric information have been the Detroit/Metropolitan Wayne County
system to record the arrival and submitting fingerprints and photographs Airport in cooperation with Northwest
departure of certain aliens include, but upon entry to the United States at Airlines. CBP collected biometric
are not limited to: designated air and sea ports of entry. information from aliens departing the
• Section 2(a) of the Immigration and The DHS biometric entry program is United States for foreign destinations
Naturalization Service Data now operational at 15 sea ports and 115 who were subject to the biometric
Management Improvement Act of 2000 airports including the identified airports screening requirements. The biometric
(DMIA), Public Law 106–215, 114 Stat. selected for the BE-Mobile Air Test. collection consisted of one or more
337 (2000); The second phase of US–VISIT was electronic fingerprints captured using a
• Section 205 of the Visa Waiver implemented on August 31, 2004 when mobile or portable device. CBP also
Permanent Program Act of 2000, Public DHS published an IFR in the Federal collected biographic information,
Law 106–396, 114 Stat. 1637, 1641 Register (69 FR 53318) expanding the including travel document information,
(2000); program to the fifty most highly such as name, date of birth, document
• Section 414 of the Uniting and trafficked land border ports-of-entry in issuance type, country and number from
Strengthening America by Providing the United States as required by 8 U.S.C. these aliens. CBP stored and forwarded
Appropriate Tools Required to Intercept 1365a(d)(2).4 The IFR also amended 8 the departure records collected to a DHS
and Obstruct Terrorism Act of 2001 CFR 215.8 to provide that the Secretary, database daily.
(USA PATRIOT Act), Public Law 107– or his designee, may establish pilot In the second pilot program,
56, 115 Stat. 272, 353 (2001); programs to collect biometric Transportation Security Administration
• Section 302 of the Enhanced Border information from certain aliens (TSA) collected biometric and
Security and Visa Entry Reform Act of departing the United States at land biographic information from certain
2002 (Border Security Act), Public Law border ports of entry, and at up to aliens at the security checkpoint at the
107–173, 116 Stat. 543, 552 (2002); fifteen air or sea ports of entry Atlanta/Hartsfield International Airport.
• Section 7208 of the Intelligence designated through notice in the Aliens departing the United States for
Reform and Terrorism Prevention Act of Federal Register. Specifically, 8 CFR foreign destinations who were subject to
2004 (IRTPA), Public Law 108–458, 118 215.8(a)(1) provides that the Secretary, biometric screening requirements were
Stat. 3638, 3817 (2004); and or his designee, may establish pilot directed to an area within the
• Section 711 of the Implementing programs through which the Secretary checkpoint where the biographic and
Recommendations of the 9/11 or his delegate may require an alien who biometric information was collected.
Commission Act of 2007, Public Law departs the United States from a The biometric collection consisted of
110–52, 121 Stat. 266 (2007). designated port of entry to provide one or more electronic fingerprints
Section 7208 of the IRTPA, as fingerprints, photographs or other captured using a mobile or portable
codified at 8 U.S.C. 1365b, specifically specified biometric identifiers, device. TSA also collected biographic
requires that DHS’s entry and exit data documentation of his or her information, including travel document
system collect biometric exit data for all immigration status in the United States, information, such as name, date of birth,
categories of individuals who are document issuance type, country and
required to provide biometric entry 3 The IFR also authorized the Secretary to
number from these aliens. TSA stored
data. establish pilot programs at up to fifteen air or sea and forwarded the departure records
On January 5, 2004, DHS published ports of entry, to be identified by notice in the
Federal Register, through which DHS may require collected to a DHS database daily.
an interim final rule (IFR) in the Federal certain aliens who depart from a designated air or These pilot programs concluded on
Register (69 FR 468) implementing the
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sea port of entry to provide specified biometric July 2, 2009. Although the technology
first phase of US-VISIT at specified air identifiers and other evidence at the time of used in these pilot programs worked,
and sea ports of entry. This IFR departure.
4 Section 1365a(d)(2) provides, in pertinent part,
amended section 235.1 of title 8 of the that ‘‘[n]ot later than December 31, 2004, the 5 On December 19, 2008, DHS published a final

Attorney General [now the Secretary of Homeland rule in the Federal Register (73 FR 77473) which
2 See the Privacy Impact Assessment at http:// Security] shall implement the integrated entry and finalized the IFR without change.
www.dhs.gov/privacy-documents-us-customs-and- exit data system . . . at the 50 land border ports of 6 DHS also conducted air exit pilot programs at

border-protection for more information about the entry determined by the Attorney General to serve various ports of departure, in 2004, including
databases where the biometric and biographic the highest numbers of arriving and departing Baltimore-Washington International Airport (BWI),
information will be maintained. aliens.’’ pursuant to the authority in 8 CFR 215.8.

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44986 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Notices

Duration of the Test DEPARTMENT OF HOMELAND reliquidate entries of GSP-eligible
SECURITY merchandise that was entered on or
CBP will collect biographic after August 1, 2013 through July 28,
information and fingerprint data from U.S. Customs and Border Protection 2015 are located at http://www.cbp.gov/
select non-exempt aliens departing on trade/priority-issues/trade-agreements/
selected international flights from the Renewal of the Generalized System of special-trade-legislation/generalized-
identified airports for a period of Preferences and Retroactive system-preferences.
approximately one year from the start of Application for Certain Liquidations
FOR FURTHER INFORMATION CONTACT:
the test. The information collected will and Reliquidations Under the GSP
General questions concerning this
constitute a departure record for that AGENCY: U.S. Customs and Border notice should be directed to Maggie
alien and will be maintained in the CBP Protection, Department of Homeland Gray, Office of International Trade,
and DHS databases for recording entries Security. Trade Agreements Branch, 202–863–
and departures. ACTION: General notice. 6621. For operational questions
Privacy regarding: Formal/Informal Entries and
SUMMARY: The Generalized System of Baggage Declarations: Celestine Harrell,
CBP will ensure that all Privacy Act Preferences (GSP) is a renewable 202–863–6937; Mail Entries: Katherine
requirements and applicable policies are preferential trade program that allows Changes, 202–344–1767 or Robert
adhered to during the implementation the eligible products of designated Woods, 202–344–1236; Non-ABI
of this test. Additionally, CBP will be beneficiary developing countries to Informal Entries: contact the port of
issuing a Privacy Impact Assessment directly enter the United States free of entry where goods were entered.
(PIA), which will outline how CBP will duty. The GSP program expired on July Questions from filers regarding ABI
ensure compliance with Privacy Act 31, 2013, but has been renewed through transmissions should be directed to
protections. The PIA will examine the December 31, 2017, effective July 29, their assigned ABI client representative.
privacy impact of the BE-Mobile Air 2015, with retroactive effect between SUPPLEMENTARY INFORMATION:
Test as it relates to DHS’s Fair August 1, 2013 to July 28, 2015, by a
provision in the Trade Preferences Background
Information Practice Principles (FIPPs).
Extension Act of 2015. This document Section 501 of the Trade Act of 1974,
The FIPPs account for the nature and
provides notice to importers that U.S. as amended (19 U.S.C. 2461), authorizes
purpose of the information being
Customs and Border Protection (CBP) the President to establish a Generalized
collected in relation to DHS’s mission to
will again accept claims for GSP duty- System of Preferences (GSP) to provide
preserve, protect and secure the United
free treatment for merchandise entered, duty-free treatment for eligible articles
States. The PIA will address issues such or withdrawn from warehouse, for
as the security, integrity, and sharing of imported directly from designated
consumption and that CBP will process beneficiary countries for specific time
data, use limitation and transparency. refunds on duties paid, without interest,
Once issued, the PIA will be made periods. Pursuant to 19 U.S.C. 2465, as
on GSP-eligible merchandise that was amended by section 1011(a) of Public
publicly available at: http:// entered during the period that the GSP
www.dhs.gov/privacy-documents-us- Law 105–277, 112 Stat. 2681, duty-free
program was lapsed. Formal and treatment under the GSP program
customs-and-border-protection. CBP has informal entries that were filed expired on July 31, 2013. On June 29,
also issued an update to the DHS/CBP– electronically via the Automated Broker 2015, the President signed the Trade
007 Border Crossing Information (BCI) Interface (ABI) using Special Program Preferences Extension Act of 2015 (Publ.
System of Records, which fully Indicator (SPI) Code ‘‘A’’ as a prefix to L. 114–27). Section 201 of Public Law
encompasses all the data that is being the tariff number will be automatically 114–27 pertains to the extension of
collected at the selected airports. The processed by CBP and no further action duty-free treatment and the retroactive
system of records notice (SORN) was by the filer is required to initiate the application for certain liquidations and
published in the Federal Register on refund process. Non-ABI filers, and ABI reliquidations under the GSP. Section
May 11, 2015 (80 FR 26937). filers that did not include SPI Code ‘‘A’’ 201(b)(1) provides that GSP duty-free
Paperwork Reduction Act on the entry, must timely submit a duty treatment will be applied to eligible
refund request to CBP. CBP will articles from designated beneficiary
CBP requires aliens subject to this continue conducting verifications to countries that are entered, or withdrawn
notice to provide biometric and ensure that GSP benefits are available to from warehouse, for consumption on or
biographic data at the airports selected eligible entries only. after July 29, 2015 through December
for the test in the circumstances DATES: Effective July 29, 2015, the filing 31, 2017. Section 201(b)(2) provides that
described above. This requirement is of GSP-eligible entry summaries may be for entries made on or after August 1,
considered an information collection resumed without the payment of 2013 through July 28, 2015, to which
requirement under the Paperwork estimated duties, and CBP will initiate duty-free treatment would have applied
Reduction Act (44 U.S.C. 3501, et seq.). the automatic liquidation or if GSP had been in effect during that
The Office of Management and Budget reliquidation of formal and informal time period (‘‘covered entries’’), any
(OMB), in accordance with the entries of GSP-eligible merchandise that duty paid with respect to such entry
Paperwork Reduction Act, has was entered on or after August 1, 2013 will be refunded provided that a request
previously approved this information through July 28, 2015 and filed via ABI for liquidation or reliquidation of that
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collection for use. The OMB control with SPI Code ‘‘A’’ notated on the entry. entry, containing sufficient information
number for this collection is 1651–0138. Requests for refunds of GSP duties paid to enable U.S. Customs and Border
on eligible non-ABI entries, or eligible Protection (CBP) to locate the entry or
Date: July 22, 2015.
ABI entries filed without SPI Code ‘‘A,’’ to reconstruct the entry if it cannot be
R. Gil Kerlikowske, must be filed with CBP no later than located, is filed with CBP by December
Commissioner. December 28, 2015. 28, 2015 (180 days after enactment of
[FR Doc. 2015–18418 Filed 7–27–15; 8:45 am] ADDRESSES: Instructions for submitting a Pub. L. 114–27). Section 201(b)(2)(C)
BILLING CODE 9111–14–P request to CBP to liquidate or provides that any amounts owed by the

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Document Created: 2018-02-23 09:28:19
Document Modified: 2018-02-23 09:28:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		General notice.
Dates		The test will begin no earlier than July 6, 2015, and will run for approximately one year. The test will be rolled out over this one- year period at up to ten of the following airports: Los Angeles International Airport, Los Angeles, California; San Francisco International Airport, San Francisco, California; Miami International Airport, Miami, Florida; Hartsfield-Jackson Atlanta International Airport, Atlanta, Georgia; Chicago O'Hare International Airport, Chicago, Illinois; Newark Liberty International Airport, Newark, New Jersey; John F. Kennedy International Airport, Jamaica, New York; Dallas Fort Worth International Airport, Dallas, Texas; George Bush Intercontinental Airport, Houston, Texas; and Washington Dulles International Airport, Sterling, Virginia.
Contact		Edward Fluhr, Assistant Director, Entry/Exit Transformation Office, U.S. Customs and Border Protection, by phone at (202) 344-2377 or by email at [email protected]
FR Citation		80 FR 44983

80 FR 44983 - Test To Collect Biometric Information at Up to Ten U.S. Airports (“Be-Mobile Air Test”)

DEPARTMENT OF HOMELAND SECURITYU.S. Customs and Border Protection

Federal Register Volume 80, Issue 144 (July 28, 2015)

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection