80_FR_70460 80 FR 70241 - Test To Collect Biometric Information at the Otay Mesa Port-of-Entry

80 FR 70241 - Test To Collect Biometric Information at the Otay Mesa Port-of-Entry

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

Federal Register Volume 80, Issue 219 (November 13, 2015)

Page Range70241-70243
FR Document2015-28843

This notice announces that U.S. Customs and Border Protection (CBP) intends to conduct a test to collect biometric information at the Otay Mesa, California land border port-of-entry from certain aliens entering and departing the United States. During this test, CBP will also collect biographic data from all travelers departing the United States at the Otay Mesa port-of-entry. This notice describes the scope of the test, its purpose, how it will be implemented, the persons covered, the duration of the test, and privacy considerations.

Federal Register, Volume 80 Issue 219 (Friday, November 13, 2015)
[Federal Register Volume 80, Number 219 (Friday, November 13, 2015)]
[Notices]
[Pages 70241-70243]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28843]



[[Page 70241]]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Test To Collect Biometric Information at the Otay Mesa Port-of-
Entry

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

ACTION: General notice.

-----------------------------------------------------------------------

SUMMARY: This notice announces that U.S. Customs and Border Protection 
(CBP) intends to conduct a test to collect biometric information at the 
Otay Mesa, California land border port-of-entry from certain aliens 
entering and departing the United States. During this test, CBP will 
also collect biographic data from all travelers departing the United 
States at the Otay Mesa port-of-entry. This notice describes the scope 
of the test, its purpose, how it will be implemented, the persons 
covered, the duration of the test, and privacy considerations.

DATES: This test will begin no earlier than December 7, 2015 and will 
end on or before June 30, 2016.

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 via email at [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    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 biometric entry and exit system 
that records the arrival and departure of aliens; compares the 
biometric data of aliens to verify their identity; and authenticates 
travel documents presented by such aliens through the comparison of 
biometric identifiers. Under US-VISIT, certain aliens, as described 
below, may be required to provide certain biometric information 
(digital fingerprint scans, photographs, facial and iris images, or 
other biometric identifiers\1\) when attempting to enter or depart the 
United States.
---------------------------------------------------------------------------

    \1\ As used in this notice, a ``biometric identifier'' is a 
physical characteristic or other physical attribute unique to a 
person 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.
---------------------------------------------------------------------------

    The federal statutes requiring DHS to create a biometric entry and 
exit system to record the arrival and departure of 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 IRTPA, as codified in 8 U.S.C. 1365b, requires 
specifically that DHS' entry and exit data system collects 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 in the 
Federal Register (69 FR 468) implementing the first phase of US-VISIT 
at certain U.S. air and sea ports-of-entry. The interim final rule 
amended 8 CFR 235.1 to authorize DHS to require certain aliens who 
arrive at designated U.S. air and sea ports-of-entry to provide 
biometric data to CBP during the inspection process. The air and sea 
ports-of-entry where such collection of biometric information occurs 
were designated by notice in the Federal Register. See 69 FR 482 
(January 5, 2004). Since that time, aliens who are required by 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. This DHS biometric entry program is currently 
operational at 115 airports and 15 seaports across the United States.
    The second phase of US-VISIT was implemented on August 31, 2004 
when DHS published an interim final rule in the Federal Register (69 FR 
53318) expanding the program to the 50 most highly trafficked land 
border ports-of-entry in the United States as required in 8 U.S.C. 
1365a(d)(2).\2\ This interim final rule amended 8 CFR 215.8, which 
provides 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 up to fifteen air 
or sea ports of entry, designated through notice in the Federal 
Register. See 8 CFR 215.8(a)(1). The interim final rule also authorized 
DHS to identify the specific land border ports-of-entry in a separate 
notice published in the Federal Register.\3\
---------------------------------------------------------------------------

    \2\ Section 1365a(d)(2) provides in pertinent part: ``Not later 
than December 31, 2004, the Attorney General [now 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.''
    \3\ On December 19, 2008, DHS published a final rule in the 
Federal Register (73 FR 77473) finalizing this interim final rule 
without change.
---------------------------------------------------------------------------

    On November 9, 2004, DHS published a notice in the Federal Register 
(69 FR 64964) identifying the fifty most trafficked land border ports-
of-entry where biometric data would be collected from certain aliens 
upon arrival. Today, DHS collects fingerprint biometric data to verify 
the identity of certain aliens seeking admission at all land border 
ports-of-entry. This notice also specified that DHS would announce, 
through a future Federal Register notice, the piloting of a future 
biometric collection program at a limited number of sites as part of 
DHS' efforts to process aliens upon departure from the United States.
    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 (2013). The Act also 
transferred US-VISIT's overstay analysis function to U.S. Immigration 
and Customs Enforcement (ICE) and its biometric identity management 
services to the Office of Biometric Identity Management (OBIM), a 
newly-created office within the National Protection and Programs 
Directorate. CBP assumed the biometric entry and exit operations on 
April 1, 2013.
    The purpose of this notice is to inform the public that CBP will be 
conducting a test on the collection of biometric exit information at 
the Otay Mesa, California land border port-of-entry. This notice 
describes the scope of the test, its purpose, how it will be 
implemented, the persons covered, the duration of the test, and privacy 
considerations.

[[Page 70242]]

Otay Mesa Land Border Port-of Entry Pedestrian Exit Test

    The Otay Mesa Land Border Port-of Entry Pedestrian Exit Test is a 
short-term biometric data collection that will help CBP determine the 
viability of capturing biometric data from certain departing aliens in 
various environmental conditions. This test is one of CBP's key steps 
in developing the capability to fulfill DHS' mandate to collect 
biometric information from arriving and departing aliens.

Scope, Purpose and Implementation

    Currently, aliens who seek admission at the Otay Mesa, California 
land border port-of-entry may be required to provide fingerprint 
biometric data for CBP to verify their identity. (Certain aliens, 
including individuals traveling on A or G visas and others as specified 
in 8 CFR 215.8(a)(2), are exempt from this requirement). During this 
test, facial and iris images of these non-exempt aliens will be 
captured, either via a biometric kiosk or freestanding facial and iris 
cameras, upon arrival and departure of the alien if they cross the 
border at the Otay Mesa land border port-of-entry. The captured 
biometric exit data will be stored in a secure, standalone database and 
analyzed for off-line matching against facial and iris images 
previously captured upon arrival and associated with biometric data 
already on file. No biometric data will be distributed from the 
standalone database, except for analysis and reporting purposes on the 
results of the test. Biometric information will not be collected from 
U.S. citizens under this test.
    CBP will also collect biographic data from all travelers exiting 
the United States at the Otay Mesa port-of-entry, including U.S. 
citizens. Biographic data consists of the traveler's identifying 
information provided on his or her travel documents, such as full name, 
date of birth, gender, and country of citizenship, and does not involve 
biometric identifiers such as fingerprints and facial or iris images. 
The traveler's travel documents will be read upon exit via a Radio-
Frequency Identification (RFID) technology reader, a kiosk, or a hand-
held device.
    Pursuant to various authorities under Titles 8 and 19 of the U.S. 
Code, and other authorities CBP enforces on behalf of third party 
agencies at the border, CBP routinely collects biographic data from 
travelers entering and departing the United States. See, e.g., 8 U.S.C. 
1181, 1185, 1221; and 19 U.S.C. 1433. During the test at the Otay Mesa 
port-of-entry, this same data will be collected from all departing 
travelers. This will enable CBP to evaluate the viability of using 
biographic or biometric data or a combination of the two to provide a 
high level of confidence in validating the traveler's identity upon 
exit.
    CBP will use the results of the test to assess the operational 
feasibility of biometric information collection for potential 
deployment across the U.S. southwest border. Once the biometric data is 
captured, CBP will analyze and evaluate the test based on a number of 
criteria, including the speed and quality of the data capture, the 
ability to match biometric data captured upon arrival and departure, 
the concurrent and independent capability of facial and iris 
biometrics, and the feasibility and accuracy of capturing biometrics 
from a distance. With regard to biographic data, CBP will use such data 
to identify travelers who are known or suspected of being terrorists, 
have affiliations to terrorist organizations, have active warrants for 
criminal activity, are inadmissible, have overstayed their visas, or 
have been otherwise identified as potential security risks or are the 
subject of law enforcement concerns. A successful test will enhance DHS 
security efforts at our Nation's border while expediting the movement 
of legitimate travelers.

Persons Covered

    For the duration of the test, all aliens shall provide the 
biometric information described above at the time of arrival to and 
departure from the United States to the extent they cross through the 
Otay Mesa land port-of-entry, except for aliens who, at the time of 
such arrival or departure, are exempt pursuant to 8 CFR 235.1(f)(1)(iv) 
and 8 CFR 215.8(a)(2). Exempted aliens include:
    (1) Canadian citizens who under section 101(a)(15)(B) of the INA 
who are not otherwise required to present a visa or have been issued 
Form I-94 (see Sec.  1.4) or Form I-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.
    As a part of this test, CBP will also collect biographic 
information from all persons exiting the Otay Mesa port-of-entry.

Duration of Test

    Beginning no earlier than December 7, 2015, CBP will collect facial 
and iris biometric data from non-exempt aliens subject to this notice 
upon arrival at the Otay Mesa land border port-of-entry.
    Beginning no earlier than February 1, 2016, CBP will collect facial 
and iris biometric data from these non-exempt aliens when they exit the 
United States through the Otay Mesa land border port-of-entry.
    Beginning no earlier than February 1, 2016, CBP will collect 
biographic information from all persons exiting the Otay Mesa port-of-
entry.
    This test will end on or before June 30, 2016.
    For purposes of analysis, CBP will retain data collected from this 
test for approximately one year from the date of collection.

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 Otay Mesa 
Land Border Port-of Entry Pedestrian Exit Test as it relates to DHS' 
Fair Information Practice Principles (FIPPs). The FIPPs account for the 
nature and purpose of the information being collected in relation to 
DHS' 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 Otay Mesa 
land border port-of-entry for purposes of this test. The system of 
records notice (SORN) was published in the Federal Register on May 11, 
2015 (80 FR 26937).

[[Page 70243]]

Paperwork Reduction Act

    CBP requires aliens subject to this notice to provide biometric and 
biographic data at the Otay Mesa port-of-entry 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.

    Dated: November 9, 2015.
R. Gil Kerlikowske,
Commissioner.
[FR Doc. 2015-28843 Filed 11-12-15; 8:45 am]
BILLING CODE 9111-14-P



                                                                                Federal Register / Vol. 80, No. 219 / Friday, November 13, 2015 / Notices                                                   70241

                                                  DEPARTMENT OF HOMELAND                                      The federal statutes requiring DHS to              8 U.S.C. 1365a(d)(2).2 This interim final
                                                  SECURITY                                                 create a biometric entry and exit system              rule amended 8 CFR 215.8, which
                                                                                                           to record the arrival and departure of                provides that the Secretary, or his
                                                  U.S. Customs and Border Protection                       aliens include, but are not limited to:               designee, may establish pilot programs
                                                                                                              • Section 2(a) of the Immigration and              to collect biometric information from
                                                  Test To Collect Biometric Information                                                                          certain aliens departing the United
                                                                                                           Naturalization Service Data
                                                  at the Otay Mesa Port-of-Entry                                                                                 States at land border ports-of-entry, and
                                                                                                           Management Improvement Act of 2000
                                                  AGENCY:  U.S. Customs and Border                         (DMIA), Public Law 106–215, 114 Stat.                 up to fifteen air or sea ports of entry,
                                                  Protection; Department of Homeland                       337 (2000);                                           designated through notice in the
                                                  Security.                                                   • Section 205 of the Visa Waiver                   Federal Register. See 8 CFR 215.8(a)(1).
                                                  ACTION: General notice.                                  Permanent Program Act of 2000, Public                 The interim final rule also authorized
                                                                                                           Law 106–396, 114 Stat. 1637, 1641                     DHS to identify the specific land border
                                                  SUMMARY:    This notice announces that                   (2000);                                               ports-of-entry in a separate notice
                                                  U.S. Customs and Border Protection                                                                             published in the Federal Register.3
                                                                                                              • Section 414 of the Uniting and
                                                  (CBP) intends to conduct a test to collect                                                                        On November 9, 2004, DHS published
                                                                                                           Strengthening America by Providing
                                                  biometric information at the Otay Mesa,                                                                        a notice in the Federal Register (69 FR
                                                                                                           Appropriate Tools Required to Intercept
                                                  California land border port-of-entry                                                                           64964) identifying the fifty most
                                                                                                           and Obstruct Terrorism Act of 2001
                                                  from certain aliens entering and                                                                               trafficked land border ports-of-entry
                                                                                                           (USA PATRIOT Act), Public Law 107–
                                                  departing the United States. During this                                                                       where biometric data would be
                                                                                                           56, 115 Stat. 272, 353 (2001);
                                                  test, CBP will also collect biographic
                                                  data from all travelers departing the                       • Section 302 of the Enhanced Border               collected from certain aliens upon
                                                                                                           Security and Visa Entry Reform Act of                 arrival. Today, DHS collects fingerprint
                                                  United States at the Otay Mesa port-of-
                                                                                                           2002 (Border Security Act), Public Law                biometric data to verify the identity of
                                                  entry. This notice describes the scope of
                                                                                                           107–173, 116 Stat. 543, 552 (2002);                   certain aliens seeking admission at all
                                                  the test, its purpose, how it will be
                                                                                                              • Section 7208 of the Intelligence                 land border ports-of-entry. This notice
                                                  implemented, the persons covered, the
                                                                                                           Reform and Terrorism Prevention Act of                also specified that DHS would
                                                  duration of the test, and privacy
                                                                                                           2004 (IRTPA), Public Law 108–458, 118                 announce, through a future Federal
                                                  considerations.
                                                                                                           Stat. 3638, 3817 (2004); and                          Register notice, the piloting of a future
                                                  DATES: This test will begin no earlier                                                                         biometric collection program at a
                                                  than December 7, 2015 and will end on                       • Section 711 of the Implementing
                                                                                                           Recommendations of the 9/11                           limited number of sites as part of DHS’
                                                  or before June 30, 2016.                                                                                       efforts to process aliens upon departure
                                                                                                           Commission Act of 2007, Public Law
                                                  FOR FURTHER INFORMATION CONTACT:                                                                               from the United States.
                                                                                                           110–52, 121 Stat. 266 (2007).
                                                  Edward Fluhr, Assistant Director, Entry/                                                                          On March 16, 2013, US–VISIT’s entry
                                                  Exit Transformation Office, U.S.                            Section 7208 of IRTPA, as codified in
                                                                                                           8 U.S.C. 1365b, requires specifically that            and exit operations, including
                                                  Customs and Border Protection, by                                                                              deployment of a biometric exit system,
                                                  phone at (202) 344–2377 or via email at                  DHS’ entry and exit data system collects
                                                                                                           biometric exit data for all categories of             were transferred to U.S. Customs and
                                                  edward.fluhr@cbp.dhs.gov.                                                                                      Border Protection (CBP). See
                                                                                                           individuals who are required to provide
                                                  SUPPLEMENTARY INFORMATION:                                                                                     Consolidated and Further Continuing
                                                                                                           biometric entry data.
                                                  Background                                                  On January 5, 2004, DHS published                  Appropriations Act, 2013, Public Law
                                                                                                           an interim final rule in the Federal                  113–6 (2013). The Act also transferred
                                                     The Department of Homeland
                                                                                                           Register (69 FR 468) implementing the                 US–VISIT’s overstay analysis function
                                                  Security (DHS) established the United
                                                                                                           first phase of US–VISIT at certain U.S.               to U.S. Immigration and Customs
                                                  States Visitor and Immigrant Status
                                                                                                           air and sea ports-of-entry. The interim               Enforcement (ICE) and its biometric
                                                  Indicator Technology (US–VISIT)
                                                                                                           final rule amended 8 CFR 235.1 to                     identity management services to the
                                                  Program in accordance with several
                                                                                                           authorize DHS to require certain aliens               Office of Biometric Identity
                                                  federal statutory mandates requiring
                                                  DHS to create an integrated, automated                   who arrive at designated U.S. air and                 Management (OBIM), a newly-created
                                                  biometric entry and exit system that                     sea ports-of-entry to provide biometric               office within the National Protection
                                                  records the arrival and departure of                     data to CBP during the inspection                     and Programs Directorate. CBP assumed
                                                  aliens; compares the biometric data of                   process. The air and sea ports-of-entry               the biometric entry and exit operations
                                                  aliens to verify their identity; and                     where such collection of biometric                    on April 1, 2013.
                                                  authenticates travel documents                           information occurs were designated by                    The purpose of this notice is to inform
                                                  presented by such aliens through the                     notice in the Federal Register. See 69                the public that CBP will be conducting
                                                  comparison of biometric identifiers.                     FR 482 (January 5, 2004). Since that                  a test on the collection of biometric exit
                                                  Under US–VISIT, certain aliens, as                       time, aliens who are required by law to               information at the Otay Mesa, California
                                                  described below, may be required to                      submit biometric information have been                land border port-of-entry. This notice
                                                  provide certain biometric information                    submitting fingerprints and photographs               describes the scope of the test, its
                                                  (digital fingerprint scans, photographs,                 upon entry to the United States at                    purpose, how it will be implemented,
                                                  facial and iris images, or other biometric               designated air and sea ports-of-entry.                the persons covered, the duration of the
                                                  identifiers1) when attempting to enter or                This DHS biometric entry program is                   test, and privacy considerations.
                                                  depart the United States.                                currently operational at 115 airports and
                                                                                                           15 seaports across the United States.                    2 Section 1365a(d)(2) provides in pertinent part:
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                    1 As used in this notice, a ‘‘biometric identifier’’      The second phase of US–VISIT was                   ‘‘Not later than December 31, 2004, the Attorney
                                                  is a physical characteristic or other physical                                                                 General [now Secretary of Homeland Security] shall
                                                  attribute unique to a person that can be collected,
                                                                                                           implemented on August 31, 2004 when                   implement the integrated entry and exit data system
                                                  stored, and used to verify the identity of a person      DHS published an interim final rule in                . . . at the 50 land border ports of entry determined
                                                  who presents himself or herself to a CBP officer at      the Federal Register (69 FR 53318)                    by the Attorney General to serve the highest
                                                  the border. To verify a person’s identity, a similar     expanding the program to the 50 most                  numbers of arriving and departing aliens.’’
                                                  physical characteristic or attribute is collected and                                                             3 On December 19, 2008, DHS published a final

                                                  compared against the previously collected
                                                                                                           highly trafficked land border ports-of-               rule in the Federal Register (73 FR 77473) finalizing
                                                  identifier.                                              entry in the United States as required in             this interim final rule without change.



                                             VerDate Sep<11>2014    15:03 Nov 12, 2015   Jkt 238001   PO 00000   Frm 00058   Fmt 4703   Sfmt 4703   E:\FR\FM\13NON1.SGM   13NON1


                                                  70242                       Federal Register / Vol. 80, No. 219 / Friday, November 13, 2015 / Notices

                                                  Otay Mesa Land Border Port-of Entry                     enable CBP to evaluate the viability of               State jointly determine shall be exempt;
                                                  Pedestrian Exit Test                                    using biographic or biometric data or a               or
                                                    The Otay Mesa Land Border Port-of                     combination of the two to provide a                      (6) An individual alien whom the
                                                  Entry Pedestrian Exit Test is a short-                  high level of confidence in validating                Secretary of Homeland Security, the
                                                  term biometric data collection that will                the traveler’s identity upon exit.                    Secretary of State, or the Director of
                                                                                                             CBP will use the results of the test to            Central Intelligence determines shall be
                                                  help CBP determine the viability of
                                                                                                          assess the operational feasibility of                 exempt.
                                                  capturing biometric data from certain
                                                                                                          biometric information collection for                     As a part of this test, CBP will also
                                                  departing aliens in various
                                                                                                          potential deployment across the U.S.                  collect biographic information from all
                                                  environmental conditions. This test is
                                                                                                          southwest border. Once the biometric                  persons exiting the Otay Mesa port-of-
                                                  one of CBP’s key steps in developing the
                                                                                                          data is captured, CBP will analyze and                entry.
                                                  capability to fulfill DHS’ mandate to                   evaluate the test based on a number of
                                                  collect biometric information from                      criteria, including the speed and quality             Duration of Test
                                                  arriving and departing aliens.                          of the data capture, the ability to match                Beginning no earlier than December 7,
                                                  Scope, Purpose and Implementation                       biometric data captured upon arrival                  2015, CBP will collect facial and iris
                                                     Currently, aliens who seek admission                 and departure, the concurrent and                     biometric data from non-exempt aliens
                                                  at the Otay Mesa, California land border                independent capability of facial and iris             subject to this notice upon arrival at the
                                                  port-of-entry may be required to provide                biometrics, and the feasibility and                   Otay Mesa land border port-of-entry.
                                                  fingerprint biometric data for CBP to                   accuracy of capturing biometrics from a                  Beginning no earlier than February 1,
                                                  verify their identity. (Certain aliens,                 distance. With regard to biographic data,             2016, CBP will collect facial and iris
                                                  including individuals traveling on A or                 CBP will use such data to identify                    biometric data from these non-exempt
                                                  G visas and others as specified in 8 CFR                travelers who are known or suspected of               aliens when they exit the United States
                                                  215.8(a)(2), are exempt from this                       being terrorists, have affiliations to                through the Otay Mesa land border port-
                                                  requirement). During this test, facial and              terrorist organizations, have active                  of-entry.
                                                  iris images of these non-exempt aliens                  warrants for criminal activity, are                      Beginning no earlier than February 1,
                                                  will be captured, either via a biometric                inadmissible, have overstayed their                   2016, CBP will collect biographic
                                                  kiosk or freestanding facial and iris                   visas, or have been otherwise identified              information from all persons exiting the
                                                  cameras, upon arrival and departure of                  as potential security risks or are the                Otay Mesa port-of-entry.
                                                  the alien if they cross the border at the               subject of law enforcement concerns. A                   This test will end on or before June
                                                  Otay Mesa land border port-of-entry.                    successful test will enhance DHS                      30, 2016.
                                                  The captured biometric exit data will be                security efforts at our Nation’s border                  For purposes of analysis, CBP will
                                                  stored in a secure, standalone database                 while expediting the movement of                      retain data collected from this test for
                                                  and analyzed for off-line matching                      legitimate travelers.                                 approximately one year from the date of
                                                  against facial and iris images previously               Persons Covered                                       collection.
                                                  captured upon arrival and associated                       For the duration of the test, all aliens           Privacy
                                                  with biometric data already on file. No                 shall provide the biometric information
                                                  biometric data will be distributed from                 described above at the time of arrival to                CBP will ensure that all Privacy Act
                                                  the standalone database, except for                     and departure from the United States to               requirements and applicable policies are
                                                  analysis and reporting purposes on the                  the extent they cross through the Otay                adhered to during the implementation
                                                  results of the test. Biometric information              Mesa land port-of-entry, except for                   of this test. Additionally, CBP will be
                                                  will not be collected from U.S. citizens                aliens who, at the time of such arrival               issuing a Privacy Impact Assessment
                                                  under this test.                                        or departure, are exempt pursuant to 8                (PIA), which will outline how CBP will
                                                     CBP will also collect biographic data                CFR 235.1(f)(1)(iv) and 8 CFR                         ensure compliance with Privacy Act
                                                  from all travelers exiting the United                   215.8(a)(2). Exempted aliens include:                 protections. The PIA will examine the
                                                  States at the Otay Mesa port-of-entry,                     (1) Canadian citizens who under                    privacy impact of the Otay Mesa Land
                                                  including U.S. citizens. Biographic data                section 101(a)(15)(B) of the INA who are              Border Port-of Entry Pedestrian Exit
                                                  consists of the traveler’s identifying                  not otherwise required to present a visa              Test as it relates to DHS’ Fair
                                                  information provided on his or her                      or have been issued Form I–94 (see                    Information Practice Principles (FIPPs).
                                                  travel documents, such as full name,                    § 1.4) or Form I–95 upon arrival at the               The FIPPs account for the nature and
                                                  date of birth, gender, and country of                   United States;                                        purpose of the information being
                                                  citizenship, and does not involve                          (2) Aliens admitted on A–1, A–2, C–                collected in relation to DHS’ mission to
                                                  biometric identifiers such as                           3 (except for attendants, servants, or                preserve, protect and secure the United
                                                  fingerprints and facial or iris images.                 personal employees of accredited                      States. The PIA will address issues such
                                                  The traveler’s travel documents will be                 officials), G–1, G–2, G–3, G–4, NATO–                 as the security, integrity, and sharing of
                                                  read upon exit via a Radio-Frequency                    1, NATO–2, NATO–3, NATO–4, NATO–                      data, use limitation and transparency.
                                                  Identification (RFID) technology reader,                5, or NATO–6 visas, and certain Taiwan                Once issued, the PIA will be made
                                                  a kiosk, or a hand-held device.                         officials who hold E–1 visas and                      publicly available at: http://
                                                     Pursuant to various authorities under                members of their immediate families                   www.dhs.gov/privacy-documents-us-
                                                  Titles 8 and 19 of the U.S. Code, and                   who hold E–1 visas who are                            customs-and-border-protection. CBP has
                                                  other authorities CBP enforces on behalf                maintaining such status at time of                    also issued an update to the DHS/CBP–
                                                  of third party agencies at the border,                                                                        007 Border Crossing Information (BCI)
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                                                                                                          departure, unless the Secretary of State
                                                  CBP routinely collects biographic data                  and the Secretary of Homeland Security                System of Records, which fully
                                                  from travelers entering and departing                   jointly determine that a class of such                encompasses all the data that is being
                                                  the United States. See, e.g., 8 U.S.C.                  aliens should be subject to this notice;              collected at the Otay Mesa land border
                                                  1181, 1185, 1221; and 19 U.S.C. 1433.                      (3) Children under the age of 14;                  port-of-entry for purposes of this test.
                                                  During the test at the Otay Mesa port-                     (4) Persons over the age of 79;                    The system of records notice (SORN)
                                                  of-entry, this same data will be collected                 (5) Classes of aliens the Secretary of             was published in the Federal Register
                                                  from all departing travelers. This will                 Homeland Security and the Secretary of                on May 11, 2015 (80 FR 26937).


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                                                                              Federal Register / Vol. 80, No. 219 / Friday, November 13, 2015 / Notices                                                70243

                                                  Paperwork Reduction Act                                 Homeland Security, and sent via                         The information collected on CBP
                                                     CBP requires aliens subject to this                  electronic mail to oira_submission@                   Form I–68 allows people who enter the
                                                  notice to provide biometric and                         omb.eop.gov or faxed to (202) 395–5806.               United States from Canada by small
                                                  biographic data at the Otay Mesa port-                  FOR FURTHER INFORMATION CONTACT:                      pleasure boats to be inspected only once
                                                  of-entry in the circumstances described                 Requests for additional information                   during the boating season, rather than
                                                  above. This requirement is considered                   should be directed to Tracey Denning,                 each time they make an entry. This
                                                  an information collection requirement                   U.S. Customs and Border Protection,                   information collection is provided for
                                                  under the Paperwork Reduction Act (44                   Regulations and Rulings, Office of                    by 8 CFR 235.1(g) and Section 235 of
                                                  U.S.C. 3501, et seq.). The Office of                    International Trade, 90 K Street NE.,                 Immigration and Nationality Act. CBP
                                                  Management and Budget (OMB), in                         10th Floor, Washington, DC 20229–                     Form I–68 is accessible at http://
                                                  accordance with the Paperwork                           1177, at 202–325–0265.                                www.cbp.gov/newsroom/publications/
                                                  Reduction Act, has previously approved                  SUPPLEMENTARY INFORMATION: This                       forms?title=68&=Apply.
                                                  this information collection for use. The                proposed information collection was                     Current Actions: This submission is
                                                  OMB control number for this collection                  previously published in the Federal                   being made to extend the expiration
                                                  is 1651–0138.                                           Register (80 FR 25313) on May 4, 2015,                date with no change to the burden hours
                                                                                                          allowing for a 60-day comment period.                 or to the information collected.
                                                    Dated: November 9, 2015.                                                                                      Type of Review: Extension (without
                                                  R. Gil Kerlikowske,                                     This notice allows for an additional 30
                                                                                                                                                                change).
                                                  Commissioner.                                           days for public comments. This process                  Affected Public: Individuals or
                                                                                                          is conducted in accordance with 5 CFR                 Households.
                                                  [FR Doc. 2015–28843 Filed 11–12–15; 8:45 am]
                                                                                                          1320.10. CBP invites the general public                 Estimated Number of Respondents:
                                                  BILLING CODE 9111–14–P
                                                                                                          and other Federal agencies to comment                 68,000.
                                                                                                          on proposed and/or continuing                           Estimated Time per Respondent: 10
                                                  DEPARTMENT OF HOMELAND                                  information collections pursuant to the               minutes.
                                                  SECURITY                                                Paperwork Reduction Act of 1995 (Pub.                   Estimated Total Annual Burden
                                                                                                          L. 104–13; 44 U.S.C. 3507). The                       Hours: 11,288.
                                                  U.S. Customs and Border Protection                      comments should address: (a) Whether                    Estimated Annual Cost: $1,088,000.
                                                                                                          the collection of information is                        Dated: November 9, 2015.
                                                  [1651–0108]
                                                                                                          necessary for the proper performance of
                                                                                                                                                                Tracey Denning,
                                                  Agency Information Collection                           the functions of the agency, including
                                                                                                          whether the information shall have                    Agency Clearance Officer, U.S. Customs and
                                                  Activities: Canadian Border Boat                                                                              Border Protection.
                                                  Landing Permit                                          practical utility; (b) the accuracy of the
                                                                                                                                                                [FR Doc. 2015–28831 Filed 11–12–15; 8:45 am]
                                                                                                          agency’s estimates of the burden of the
                                                  AGENCY:  U.S. Customs and Border                        collection of information; (c) ways to                BILLING CODE 9111–14–P
                                                  Protection, Department of Homeland                      enhance the quality, utility, and clarity
                                                  Security.                                               of the information to be collected; (d)
                                                                                                          ways to minimize the burden, including                DEPARTMENT OF HOMELAND
                                                  ACTION: 30-Day notice and request for
                                                                                                          the use of automated collection                       SECURITY
                                                  comments; extension of an existing
                                                  collection of information.                              techniques or the use of other forms of               U.S. Customs and Border Protection
                                                                                                          information technology; and (e) the
                                                  SUMMARY:    U.S. Customs and Border                     annual costs to respondents or record                 Notice of Issuance of Final
                                                  Protection (CBP) of the Department of                   keepers from the collection of                        Determination Concerning Acyclovir
                                                  Homeland Security will be submitting                    information (total capital/startup costs              Tablets
                                                  the following information collection                    and operations and maintenance costs).
                                                  request to the Office of Management and                 The comments that are submitted will                  AGENCY:  U.S. Customs and Border
                                                  Budget (OMB) for review and approval                    be summarized and included in the CBP                 Protection, Department of Homeland
                                                  in accordance with the Paperwork                        request for OMB approval. All                         Security.
                                                  Reduction Act: Canadian Border Boat                     comments will become a matter of                      ACTION: Notice of final determination.
                                                  Landing Permit (CBP Form I–68). This                    public record. In this document, CBP is
                                                  is a proposed extension of an                                                                                 SUMMARY:    This document provides
                                                                                                          soliciting comments concerning the                    notice that U.S. Customs and Border
                                                  information collection that was                         following information collection:
                                                  previously approved. CBP is proposing                                                                         Protection (‘‘CBP’’) has issued a final
                                                                                                             Title: Canadian Border Boat Landing
                                                  that this information collection be                                                                           determination concerning the country of
                                                                                                          Permit.
                                                  extended with no change to the burden                                                                         origin of certain Acyclovir tablets. Based
                                                                                                             OMB Number: 1651–0108.
                                                  hours or to the information collected.                                                                        upon the facts presented, CBP has
                                                                                                             Form Number: CBP Form I–68.
                                                  This document is published to obtain                       Abstract: The Canadian Border Boat                 concluded that the country of origin of
                                                  comments from the public and affected                   Landing Permit (CBP Form I–68) allows                 the Acyclovir Tablets is China and India
                                                  agencies.                                               participants entering the United States               for purposes of U.S. Government
                                                  DATES: Written comments should be                       along the northern border by small                    procurement.
                                                  received on or before December 14, 2015                 pleasure boats weighing less than 5 tons              DATES: The final determination was
                                                  to be assured of consideration.                         to telephonically report their arrival                issued on November 5, 2015. A copy of
                                                  ADDRESSES: Interested persons are                       without having to appear in person for                the final determination is attached. Any
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                                                  invited to submit written comments on                   an inspection by a CBP officer. United                party-at-interest, as defined in 19 CFR
                                                  this proposed information collection to                 States citizens, Lawful Permanent                     177.22(d), may seek judicial review of
                                                  the Office of Information and Regulatory                Residents of the United States, Canadian              this final determination no later than
                                                  Affairs, Office of Management and                       citizens, and Landed Residents of                     December 14, 2015.
                                                  Budget. Comments should be addressed                    Canada who are nationals of the Visa                  FOR FURTHER INFORMATION CONTACT:
                                                  to the OMB Desk Officer for Customs                     Waiver Program countries listed in 8                  Robert Dinerstein, Valuation and
                                                  and Border Protection, Department of                    CFR 217.2(a) are eligible to participate.             Special Programs Branch, Regulations


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Document Created: 2018-03-01 11:22:16
Document Modified: 2018-03-01 11:22:16
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionGeneral notice.
DatesThis test will begin no earlier than December 7, 2015 and will end on or before June 30, 2016.
ContactEdward Fluhr, Assistant Director, Entry/Exit Transformation Office, U.S. Customs and Border Protection, by phone at (202) 344-2377 or via email at [email protected]
FR Citation80 FR 70241 

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