83_FR_57082 83 FR 56862 - Test to Collect Facial Images From Occupants in Moving Vehicles at the Anzalduas Port of Entry (Anzalduas Biometric Test)

83 FR 56862 - Test to Collect Facial Images From Occupants in Moving Vehicles at the Anzalduas Port of Entry (Anzalduas Biometric Test)

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

Federal Register Volume 83, Issue 220 (November 14, 2018)

Page Range56862-56864
FR Document2018-24850

This notice announces that U.S. Customs and Border Protection (CBP) is conducting a voluntary test to collect biometrics, namely facial images, from travelers who choose to participate and who are entering or departing the United States via moving motor vehicles at the Anzalduas, Texas, land border port of entry (Anzalduas Biometric Test). CBP is conducting this test to determine the effectiveness of certain technology. Specifically, the test will: Evaluate the technology's effectiveness to capture a quality facial image for occupants within a vehicle while that vehicle is moving; evaluate biometric matching accuracy of images captured; and, evaluate transaction time for matching images captured. CBP will not use facial images collected during this test to identify threats or determine admissibility. All analysis of the facial images collected during this test will be conducted off-line at a later time, and no information collected during this test will be retained in association with an individual's official border-crossing records. This notice describes the purpose of the test as well as how the facial images collected will be used. It also describes the test procedures, the persons covered, the duration of the test, how CBP will analyze the results, and privacy considerations.

Federal Register, Volume 83 Issue 220 (Wednesday, November 14, 2018)
[Federal Register Volume 83, Number 220 (Wednesday, November 14, 2018)]
[Notices]
[Pages 56862-56864]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24850]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection


Test to Collect Facial Images From Occupants in Moving Vehicles 
at the Anzalduas Port of Entry (Anzalduas Biometric Test)

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) is conducting a voluntary test to collect biometrics, namely 
facial images, from travelers who choose to participate and who are 
entering or departing the United States via moving motor vehicles at 
the Anzalduas, Texas, land border port of entry (Anzalduas Biometric 
Test). CBP is conducting this test to determine the effectiveness of 
certain technology. Specifically, the test will: Evaluate the 
technology's effectiveness to capture a quality facial image for 
occupants within a vehicle while that vehicle is moving; evaluate 
biometric matching accuracy of images captured; and, evaluate 
transaction time for matching images captured. CBP will not use facial 
images collected during this test to identify threats or determine 
admissibility. All analysis of the facial images collected during this 
test will be conducted off-line at a later time, and no information 
collected during this test will be retained in association with an 
individual's official border-crossing records. This notice describes 
the purpose of the test as well as how the facial images collected will 
be used. It also describes the test procedures, the persons covered, 
the duration of the test, how CBP will analyze the results, and privacy 
considerations.

DATES: This voluntary test began August 30, 2018, and will run for 
approximately one year.

FOR FURTHER INFORMATION CONTACT: Colleen Manaher, Executive Director, 
Planning, Program Analysis and Evaluation, U.S. Customs and Border 
Protection at (202) 344-3003 or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Department of Homeland Security (DHS) has broad authority to 
control alien travel and to inspect aliens under various provisions of 
the Immigration and Nationality Act of 1952, as amended (INA).\1\
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    \1\ DHS may require aliens to provide biometrics and other 
relevant identifying information upon entry to, or departure from, 
the United States. Specifically, DHS may control alien entry and 
departure and inspect aliens under sections 215(a) and 235 of the 
INA (8 U.S.C. 1185, 1225). Aliens may be required to provide 
fingerprints, photographs, or other biometrics upon arrival in, or 
departure from, the United States, and select classes of aliens may 
be required to provide information at any time. See, e.g., INA 214, 
215(a), 235, 262(a), 263(a), 264(c), (8 U.S.C. 1184, 1185(a), 1225, 
1302(a), 1303(a), 1304(c)); 8 U.S.C. 1365b.
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    In addition, numerous federal statutes require 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 biometrics.\2\
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    \2\ As used in this notice, ``biometrics'' means 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 chooses to participate in the test by using the testing 
lanes, as defined in the ``Test Procedures'' section below. 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 110 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996, Public Law 104-208, 110 Stat. 
3009-546;
     Section 2(a) of the Immigration and Naturalization Service 
Data Management Improvement Act of 2000 (DMIA), Public Law 106-215, 114 
Stat. 337;
     Section 205 of the Visa Waiver Permanent Program Act of 
2000, Public Law 106-396, 114 Stat. 1637, 1641;
     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;
     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;
     Section 7208 of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (IRTPA), Public Law 108-458, 118 Stat. 3638, 
3817;
     Section 711 of the Implementing Recommendations of the 9/
11 Commission Act of 2007, Public Law 110-52, 121 Stat. 266;
     Section 802 of the Trade Facilitation and Trade 
Enforcement Act of 2015, Public Law 114-125, 130 Stat. 122, 199 (6 
U.S.C. 211(c)(10)).
    Additionally, on March 6, 2017, the President signed Executive 
Order 13780, Protecting the Nation from Foreign Terrorist Entry into 
the United States (published in the Federal Register on March 9, 2017; 
82 FR 13209). Section 8 of this Order requires the Secretary of 
Homeland Security to expedite the completion and implementation of a 
biometric entry-exit tracking system for ``in-scope travelers'' \3\ to 
the United States.
---------------------------------------------------------------------------

    \3\ Although the term ``in-scope travelers'' is not defined in 
the Executive Order, DHS interprets this to mean those travelers who 
are currently required to provide biometric information upon entry 
to the United States.
---------------------------------------------------------------------------

    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. Additionally, DHS regulations 
authorize DHS to collect biometric data from certain aliens seeking 
admission to the United States and to collect biometrics from aliens 
upon departure from the United States under pilot programs at land 
ports and up to 15 air and seaports. See Sections 215.8 and 
235.1(f)(1)(ii) of Title 8 of the Code of Federal Regulations (CFR) (8 
CFR 215.8 and 235.1(f)(1)(ii).\4\
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    \4\ Certain categories of aliens are exempt from the collection 
of biometrics upon entering or departing the United States. See 8 
CFR 235.1(f)(1)(ii), (iv); 8 CFR 215.8(a)(1)-(2).
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    Since 2004, DHS, through CBP, has been collecting biometric data 
from aliens arriving in the United States. However, there is no 
comprehensive system in place to collect biometrics from aliens 
departing the country. Collecting biometrics at both arrival and 
departure will enable CBP and DHS to know with better accuracy whether 
aliens are departing the country when they are required to depart, 
reduce visa or travel document fraud, and improve CBP's ability to 
identify criminals and known or suspected terrorists before they depart 
the United States.
    CBP has been testing various options to collect biometrics at 
departure in the land and air environments. For example, from February 
to May 2016, CBP conducted a pilot program to test facial and iris 
scanning technology for pedestrian travelers departing through the Otay 
Mesa, California, land border port of entry.\5\ CBP is also conducting

[[Page 56863]]

pilots at some airports to evaluate the effectiveness of biometric 
facial recognition matching of a real-time photograph of an individual 
to a photograph gallery stored in a database.
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    \5\ See 80 FR 70241 (Nov. 31, 2015).
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    CBP is now conducting a test that involves the collection of facial 
images from occupants in moving vehicles as they enter and exit the 
United States at the Anzalduas land border port of entry (Anzalduas 
Biometric Test). This notice describes the purpose of the test as well 
as how the facial images collected will be used. It also describes the 
test procedures, the persons covered, the duration of the test, how CBP 
will analyze the results, and privacy considerations.

Anzalduas Biometric Test

Overview and Purpose

    The Anzalduas Biometric Test is a voluntary test to collect 
biometrics, namely facial images, from travelers who choose to 
participate and who are entering or departing the United States via 
moving motor vehicles at the Anzalduas, Texas, land border port of 
entry. This test will help CBP determine the effectiveness of certain 
technology used to capture a quality facial image for occupants within 
a vehicle while that vehicle is moving, evaluate biometric matching 
accuracy of images captured, and evaluate transaction time to conduct a 
match of images captured to determine whether a real-time match could 
be provided to the CBP Officer. This test is one of CBP's key efforts 
in developing the capability to fulfill DHS's mandate to collect 
biometric information from arriving and departing aliens. The test 
procedures will operate in conjunction with CBP's normal entry-exit 
processes but facial images collected during this test will not be used 
to identify threats or to determine admissibility.

Normal Entry/Exit Procedures Remain In Place

    During this test, the normal entry/exit procedures will apply. This 
means that all persons seeking admission at the Anzalduas land border 
port of entry must show a valid passport or other acceptable travel 
document when entering the United States. Some aliens may also be 
required to provide fingerprint biometric data for CBP to verify their 
identity upon entry.\6\ All persons exiting the United States at the 
Anzalduas land border port of entry may be subject to additional 
screening. Some aliens may also be required to provide fingerprint 
biometric data for CBP to verify their identity upon exit.
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    \6\ Certain aliens, including individuals traveling on A or G 
visas and others as specified in 8 CFR 215.8 and 235.1, are exempt 
from this requirement.
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    The facial images collected during this test will not be analyzed 
by CBP officers at the time the traveler enters or exits. Rather, the 
facial matching technology will perform matching analysis, which will 
be reviewed and analyzed by CBP analysists on the back end for 
accuracy, as described below. Therefore, the entry and exit procedures 
for both travelers and CBP officers at the Anzalduas port of entry will 
not change as a result of this test.

Test Procedures

    For this test, cameras have been installed at both entry and exit 
lanes which will attempt to capture facial images of all occupants in 
vehicles traveling in designated arrival and departure lanes (``testing 
lanes'') as the vehicles move through the lane. The cameras are located 
prior to the inspection booths where travelers present their travel 
documentation to CBP officers. This process is completely passive for 
the vehicle occupants and does not require the travelers to engage in 
any additional action outside of the normal CBP processing on entry or 
exit. All travelers are subject to inspection upon entry to and exit 
from the United States, but U.S. citizens and certain categories of 
aliens are not specifically required to provide biometrics pursuant to 
8 CFR 235.1(f)(1)(ii) and 215.8. For purposes of this pilot, CBP has 
provided an optional lane, both inbound and outbound, where no facial 
images will be captured for biometric matching purposes (``non-testing 
lane''). Due to the difficulty of sorting vehicle occupants by 
citizenship or category while they are in a moving vehicle, the non-
testing lane is available for use by any vehicle, regardless of the 
occupants' citizenship or status. CBP has posted signs sufficiently in 
advance of lane divisions to allow drivers to select their desired 
lane. Other than signs indicating non-testing lanes or a flash of light 
in the testing lanes when a photo is taken, the travelers should not 
notice any differences in the wait times or experience of crossing at 
the Anzalduas port of entry.

Use of Facial Images Collected During the Test

    CBP will create a photograph gallery of border crossers, which will 
include the photographs captured by the cameras at both entry and exit 
operations during this test. This gallery will also include photos and 
biographical information from travelers' document(s) \7\ that were 
previously captured by CBP or another government agency and which are 
associated with travelers whose facial images were captured during this 
test. CBP will not store or use facial images captured from out-of-
scope aliens or U.S. citizens for the purposes of this test. If an out-
of-scope alien or U.S. citizen chooses to travel through the testing 
lanes and his or her facial image is captured, the image will be 
deleted as soon as it is identified as an out-of-scope alien or U.S. 
citizen by the analysts comparing the matching results of the 
technology as described below.
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    \7\ Traveler documents include but are not limited to: 
passports, visas, and trusted traveler radio-frequency 
identification (RFID) cards such as Border Crossing Cards, Enhanced 
Driver's Licenses, passport cards, and tribal cards. See 8 CFR 235.1 
for complete travel document requirements.
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    The facial recognition technology will compare live images captured 
during the vehicle crossings with the photos and biographic information 
on file and will attempt to match the captured images with identified 
facial images in the photograph gallery. All facial images captured 
during this test, and previously collected traveler photos and 
associated document data will be stored in a secure, standalone 
database and analyzed off-line to test the biometric matching 
capabilities of the technology. No biometric data will be distributed 
from the standalone database, except for analysis and reporting 
purposes on the results of the test.\8\
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    \8\ As noted above, facial images collected from exempt aliens 
or U.S. citizens will be deleted as soon as they are identified as 
an exempt alien or U.S. citizen.
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    In order to determine the accuracy of the biometric matching 
system, CBP analysts will compare the matching results produced by the 
facial recognition technology with stored traveler data (e.g., RFID 
card scans, traveler biographical information collected by an officer 
from travel documents, and license plate data). By reviewing traveler 
data that are matched to test images by the system, CBP analysts can 
confirm that the traveler associated with a given individual record 
with which the technology matched a given facial image did in fact 
cross the Anzalduas port of entry on a particular day. For example, if 
the technology matches a captured facial image to the photograph on a 
certain individual's travel document, an analyst could review the 
border crossing biographical records from that day to confirm that the 
individual identified by the technology did cross that day. 
Alternatively, if the analyst finds no record of that individual 
crossing on the

[[Page 56864]]

particular day, CBP may need to do further analysis on the match 
provided by the technology to determine if there is a ``false match'' 
or some other issue. The biographical information provides an 
additional level of verification to determine the accuracy of the 
facial matching technology.

Persons Covered

    Participation in the test is voluntary. All individuals entering or 
exiting the United States at the Anzalduas port of entry in a vehicle 
may participate by entering and/or exiting through the testing lanes. 
Individuals who choose not to participate may use the non-testing 
lanes. No person or group of people will be required to use the testing 
lanes and there will be no penalty for using the non-testing lanes.

Duration of Test

    This voluntary test began August 30, 2018, and will run for 
approximately one year.

Analysis of Results

    CBP will generally retain facial images collected during this test 
until December 2020 for the sole purpose of testing facial recognition 
technology against a photograph gallery that most closely simulates 
CBP's operational land environment.\9\ All analysis will be performed 
on the back end using the standalone database created for this test. 
CBP will use the results of this test to assess the operational 
feasibility of collecting biometric information from occupants in 
moving vehicles entering and exiting at all U.S. land border ports of 
entry. CBP will evaluate the test based on a number of criteria, 
including:
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    \9\ As noted above, facial images collected from exempt aliens 
or U.S. citizens will be deleted as soon as they are identified as 
an exempt alien or U.S. citizen. Further information about the 
retention of facial images will be provided in CBP's Privacy Impact 
Assessment (PIA) for Traveler Verification Services (TVS). It will 
be available at http://www.dhs.gov/privacy-documents-us-customs-and-border-protection.
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     The ability of the technology to capture high-quality 
facial images in vehicles traveling at various speeds, and in various 
lighting and weather conditions;
     the ability of the technology to correctly match the 
facial images captured to the correct individuals' facial image(s) on 
file; and,
     the transaction time to match the facial images captured 
to the photograph gallery to determine whether a real-time match could 
be provided to the CBP Officer performing traveler screening at the 
entry or exit lanes of the port.

Privacy

    CBP will ensure that all Privacy Act requirements and applicable 
DHS privacy policies are adhered to during the implementation of this 
test. Additionally, as noted previously, CBP will be issuing a PIA for 
TVS, which will outline how CBP will ensure compliance with Privacy Act 
protections and DHS privacy policies, including 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. 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 Anzalduas land border port of entry 
for the purposes of this test. The system of records notice (SORN) was 
published in the Federal Register on December 13, 2016 (81 FR 89957).

Paperwork Reduction Act

    The Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3507(d)) 
requires that CBP consider the impact of paperwork and other 
information collection burdens imposed on the public. This information 
collection is covered by OMB control number 1651-0138. This information 
collection has been updated to include information being collected 
pursuant to this notice.

    Dated: November 7, 2018.
Kevin K. McAleenan,
Commissioner.
[FR Doc. 2018-24850 Filed 11-13-18; 8:45 am]
 BILLING CODE 9111-14-P



     56862                    Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

       Dated: November 8, 2018.                              Background                                                  • Section 802 of the Trade
     Seth Renkema,                                              The Department of Homeland                            Facilitation and Trade Enforcement Act
     Branch Chief, Economic Impact Analysis                  Security (DHS) has broad authority to                    of 2015, Public Law 114–125, 130 Stat.
     Branch, U.S. Customs and Border Protection.             control alien travel and to inspect aliens               122, 199 (6 U.S.C. 211(c)(10)).
     [FR Doc. 2018–24757 Filed 11–13–18; 8:45 am]            under various provisions of the                             Additionally, on March 6, 2017, the
     BILLING CODE 9111–14–P                                  Immigration and Nationality Act of                       President signed Executive Order 13780,
                                                             1952, as amended (INA).1                                 Protecting the Nation from Foreign
                                                                In addition, numerous federal statutes                Terrorist Entry into the United States
     DEPARTMENT OF HOMELAND                                  require DHS to create an integrated,                     (published in the Federal Register on
     SECURITY                                                automated biometric entry and exit                       March 9, 2017; 82 FR 13209). Section 8
                                                             system that records the arrival and                      of this Order requires the Secretary of
     U.S. Customs and Border Protection                      departure of aliens, compares the                        Homeland Security to expedite the
                                                             biometric data of aliens to verify their                 completion and implementation of a
     Test to Collect Facial Images From                                                                               biometric entry-exit tracking system for
                                                             identity, and authenticates travel
     Occupants in Moving Vehicles at the                                                                              ‘‘in-scope travelers’’ 3 to the United
                                                             documents presented by such aliens
     Anzalduas Port of Entry (Anzalduas                                                                               States.
                                                             through the comparison of biometrics.2
     Biometric Test)                                            The federal statutes requiring DHS to                    Pursuant to various authorities under
                                                             create a biometric entry and exit system                 Titles 8 and 19 of the U.S. Code, and
     AGENCY:  U.S. Customs and Border                                                                                 other authorities CBP enforces on behalf
                                                             to record the arrival and departure of
     Protection; Department of Homeland                                                                               of third party agencies at the border,
                                                             aliens include, but are not limited to:
     Security.                                                  • Section 110 of the Illegal                          CBP routinely collects biographic data
     ACTION:   General notice.                               Immigration Reform and Immigrant                         from travelers entering and departing
                                                             Responsibility Act of 1996, Public Law                   the United States. See, e.g., 8 U.S.C.
     SUMMARY:   This notice announces that                   104–208, 110 Stat. 3009–546;                             1181, 1185, 1221; and 19 U.S.C. 1433.
     U.S. Customs and Border Protection                         • Section 2(a) of the Immigration and                 Additionally, DHS regulations authorize
     (CBP) is conducting a voluntary test to                 Naturalization Service Data                              DHS to collect biometric data from
     collect biometrics, namely facial images,               Management Improvement Act of 2000                       certain aliens seeking admission to the
     from travelers who choose to participate                (DMIA), Public Law 106–215, 114 Stat.                    United States and to collect biometrics
     and who are entering or departing the                   337;                                                     from aliens upon departure from the
     United States via moving motor vehicles                    • Section 205 of the Visa Waiver                      United States under pilot programs at
     at the Anzalduas, Texas, land border                    Permanent Program Act of 2000, Public                    land ports and up to 15 air and seaports.
     port of entry (Anzalduas Biometric                      Law 106–396, 114 Stat. 1637, 1641;                       See Sections 215.8 and 235.1(f)(1)(ii) of
     Test). CBP is conducting this test to                      • Section 414 of the Uniting and                      Title 8 of the Code of Federal
     determine the effectiveness of certain                  Strengthening America by Providing                       Regulations (CFR) (8 CFR 215.8 and
     technology. Specifically, the test will:                Appropriate Tools Required to Intercept                  235.1(f)(1)(ii).4
     Evaluate the technology’s effectiveness                 and Obstruct Terrorism Act of 2001                          Since 2004, DHS, through CBP, has
     to capture a quality facial image for                   (USA PATRIOT Act), Public Law 107–                       been collecting biometric data from
     occupants within a vehicle while that                   56, 115 Stat. 272, 353;                                  aliens arriving in the United States.
     vehicle is moving; evaluate biometric                      • Section 302 of the Enhanced Border                  However, there is no comprehensive
     matching accuracy of images captured;                   Security and Visa Entry Reform Act of                    system in place to collect biometrics
     and, evaluate transaction time for                      2002 (Border Security Act), Public Law                   from aliens departing the country.
     matching images captured. CBP will not                  107–173, 116 Stat. 543, 552;                             Collecting biometrics at both arrival and
                                                                • Section 7208 of the Intelligence
     use facial images collected during this                                                                          departure will enable CBP and DHS to
                                                             Reform and Terrorism Prevention Act of
     test to identify threats or determine                                                                            know with better accuracy whether
                                                             2004 (IRTPA), Public Law 108–458, 118
     admissibility. All analysis of the facial                                                                        aliens are departing the country when
                                                             Stat. 3638, 3817;
     images collected during this test will be                                                                        they are required to depart, reduce visa
                                                                • Section 711 of the Implementing
     conducted off-line at a later time, and                                                                          or travel document fraud, and improve
                                                             Recommendations of the 9/11
     no information collected during this test                                                                        CBP’s ability to identify criminals and
                                                             Commission Act of 2007, Public Law
     will be retained in association with an                                                                          known or suspected terrorists before
                                                             110–52, 121 Stat. 266;
     individual’s official border-crossing                                                                            they depart the United States.
     records. This notice describes the                        1 DHS may require aliens to provide biometrics
                                                                                                                         CBP has been testing various options
     purpose of the test as well as how the                  and other relevant identifying information upon          to collect biometrics at departure in the
     facial images collected will be used. It                entry to, or departure from, the United States.          land and air environments. For
     also describes the test procedures, the                 Specifically, DHS may control alien entry and            example, from February to May 2016,
                                                             departure and inspect aliens under sections 215(a)
     persons covered, the duration of the                    and 235 of the INA (8 U.S.C. 1185, 1225). Aliens
                                                                                                                      CBP conducted a pilot program to test
     test, how CBP will analyze the results,                 may be required to provide fingerprints,                 facial and iris scanning technology for
     and privacy considerations.                             photographs, or other biometrics upon arrival in, or     pedestrian travelers departing through
                                                             departure from, the United States, and select classes    the Otay Mesa, California, land border
     DATES: This voluntary test began August                 of aliens may be required to provide information at
                                                                                                                      port of entry.5 CBP is also conducting
     30, 2018, and will run for approximately                any time. See, e.g., INA 214, 215(a), 235, 262(a),
     one year.                                               263(a), 264(c), (8 U.S.C. 1184, 1185(a), 1225,
                                                                                                                        3 Although the term ‘‘in-scope travelers’’ is not
                                                             1302(a), 1303(a), 1304(c)); 8 U.S.C. 1365b.
     FOR FURTHER INFORMATION CONTACT:                          2 As used in this notice, ‘‘biometrics’’ means a       defined in the Executive Order, DHS interprets this
                                                             physical characteristic or other physical attribute      to mean those travelers who are currently required
     Colleen Manaher, Executive Director,                                                                             to provide biometric information upon entry to the
                                                             unique to a person that can be collected, stored, and
     Planning, Program Analysis and                          used to verify the identity of a person who chooses      United States.
     Evaluation, U.S. Customs and Border                     to participate in the test by using the testing lanes,     4 Certain categories of aliens are exempt from the

     Protection at (202) 344–3003 or                         as defined in the ‘‘Test Procedures’’ section below.     collection of biometrics upon entering or departing
     colleen.manaher@cbp.dhs.gov.                            To verify a person’s identity, a similar physical        the United States. See 8 CFR 235.1(f)(1)(ii), (iv); 8
                                                             characteristic or attribute is collected and compared    CFR 215.8(a)(1)–(2).
     SUPPLEMENTARY INFORMATION:                              against the previously collected identifier.               5 See 80 FR 70241 (Nov. 31, 2015).




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                             Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices                                                    56863

     pilots at some airports to evaluate the                 provide fingerprint biometric data for                document(s) 7 that were previously
     effectiveness of biometric facial                       CBP to verify their identity upon exit.               captured by CBP or another government
     recognition matching of a real-time                       The facial images collected during                  agency and which are associated with
     photograph of an individual to a                        this test will not be analyzed by CBP                 travelers whose facial images were
     photograph gallery stored in a database.                officers at the time the traveler enters or           captured during this test. CBP will not
        CBP is now conducting a test that                                                                          store or use facial images captured from
                                                             exits. Rather, the facial matching
     involves the collection of facial images                                                                      out-of-scope aliens or U.S. citizens for
                                                             technology will perform matching
     from occupants in moving vehicles as                                                                          the purposes of this test. If an out-of-
                                                             analysis, which will be reviewed and
     they enter and exit the United States at                                                                      scope alien or U.S. citizen chooses to
                                                             analyzed by CBP analysists on the back
     the Anzalduas land border port of entry                                                                       travel through the testing lanes and his
     (Anzalduas Biometric Test). This notice                 end for accuracy, as described below.
                                                             Therefore, the entry and exit procedures              or her facial image is captured, the
     describes the purpose of the test as well                                                                     image will be deleted as soon as it is
     as how the facial images collected will                 for both travelers and CBP officers at the
                                                             Anzalduas port of entry will not change               identified as an out-of-scope alien or
     be used. It also describes the test                                                                           U.S. citizen by the analysts comparing
     procedures, the persons covered, the                    as a result of this test.
                                                                                                                   the matching results of the technology
     duration of the test, how CBP will                      Test Procedures                                       as described below.
     analyze the results, and privacy                                                                                 The facial recognition technology will
     considerations.                                            For this test, cameras have been                   compare live images captured during
                                                             installed at both entry and exit lanes                the vehicle crossings with the photos
     Anzalduas Biometric Test
                                                             which will attempt to capture facial                  and biographic information on file and
     Overview and Purpose                                    images of all occupants in vehicles                   will attempt to match the captured
        The Anzalduas Biometric Test is a                    traveling in designated arrival and                   images with identified facial images in
     voluntary test to collect biometrics,                   departure lanes (‘‘testing lanes’’) as the            the photograph gallery. All facial images
     namely facial images, from travelers                    vehicles move through the lane. The                   captured during this test, and
     who choose to participate and who are                   cameras are located prior to the                      previously collected traveler photos and
     entering or departing the United States                 inspection booths where travelers                     associated document data will be stored
     via moving motor vehicles at the                        present their travel documentation to                 in a secure, standalone database and
     Anzalduas, Texas, land border port of                   CBP officers. This process is completely              analyzed off-line to test the biometric
     entry. This test will help CBP determine                passive for the vehicle occupants and                 matching capabilities of the technology.
     the effectiveness of certain technology                 does not require the travelers to engage              No biometric data will be distributed
     used to capture a quality facial image for              in any additional action outside of the               from the standalone database, except for
     occupants within a vehicle while that                   normal CBP processing on entry or exit.               analysis and reporting purposes on the
     vehicle is moving, evaluate biometric                   All travelers are subject to inspection               results of the test.8
     matching accuracy of images captured,                   upon entry to and exit from the United                   In order to determine the accuracy of
     and evaluate transaction time to                        States, but U.S. citizens and certain                 the biometric matching system, CBP
     conduct a match of images captured to                   categories of aliens are not specifically             analysts will compare the matching
     determine whether a real-time match                     required to provide biometrics pursuant               results produced by the facial
     could be provided to the CBP Officer.                   to 8 CFR 235.1(f)(1)(ii) and 215.8. For               recognition technology with stored
     This test is one of CBP’s key efforts in                purposes of this pilot, CBP has provided              traveler data (e.g., RFID card scans,
     developing the capability to fulfill                    an optional lane, both inbound and                    traveler biographical information
     DHS’s mandate to collect biometric                      outbound, where no facial images will                 collected by an officer from travel
     information from arriving and departing                 be captured for biometric matching                    documents, and license plate data). By
     aliens. The test procedures will operate                purposes (‘‘non-testing lane’’). Due to               reviewing traveler data that are matched
     in conjunction with CBP’s normal entry-                 the difficulty of sorting vehicle                     to test images by the system, CBP
     exit processes but facial images                        occupants by citizenship or category                  analysts can confirm that the traveler
     collected during this test will not be                  while they are in a moving vehicle, the               associated with a given individual
     used to identify threats or to determine                non-testing lane is available for use by              record with which the technology
     admissibility.                                          any vehicle, regardless of the occupants’             matched a given facial image did in fact
                                                             citizenship or status. CBP has posted                 cross the Anzalduas port of entry on a
     Normal Entry/Exit Procedures Remain                     signs sufficiently in advance of lane
     In Place                                                                                                      particular day. For example, if the
                                                             divisions to allow drivers to select their            technology matches a captured facial
        During this test, the normal entry/exit              desired lane. Other than signs indicating             image to the photograph on a certain
     procedures will apply. This means that                  non-testing lanes or a flash of light in              individual’s travel document, an analyst
     all persons seeking admission at the                    the testing lanes when a photo is taken,              could review the border crossing
     Anzalduas land border port of entry                     the travelers should not notice any                   biographical records from that day to
     must show a valid passport or other                     differences in the wait times or                      confirm that the individual identified by
     acceptable travel document when                         experience of crossing at the Anzalduas               the technology did cross that day.
     entering the United States. Some aliens                 port of entry.                                        Alternatively, if the analyst finds no
     may also be required to provide                                                                               record of that individual crossing on the
     fingerprint biometric data for CBP to                   Use of Facial Images Collected During
     verify their identity upon entry.6 All                  the Test                                                 7 Traveler documents include but are not limited

     persons exiting the United States at the                  CBP will create a photograph gallery                to: passports, visas, and trusted traveler radio-
     Anzalduas land border port of entry                                                                           frequency identification (RFID) cards such as
                                                             of border crossers, which will include                Border Crossing Cards, Enhanced Driver’s Licenses,
     may be subject to additional screening.                 the photographs captured by the                       passport cards, and tribal cards. See 8 CFR 235.1
     Some aliens may also be required to                     cameras at both entry and exit                        for complete travel document requirements.
                                                                                                                      8 As noted above, facial images collected from
       6 Certain aliens, including individuals traveling
                                                             operations during this test. This gallery
                                                                                                                   exempt aliens or U.S. citizens will be deleted as
     on A or G visas and others as specified in 8 CFR
                                                             will also include photos and                          soon as they are identified as an exempt alien or
     215.8 and 235.1, are exempt from this requirement.      biographical information from travelers’              U.S. citizen.



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     56864                    Federal Register / Vol. 83, No. 220 / Wednesday, November 14, 2018 / Notices

     particular day, CBP may need to do                      Privacy                                               Commonwealth of the Northern Mariana
     further analysis on the match provided                    CBP will ensure that all Privacy Act                Islands (FEMA–4404–EM), dated
     by the technology to determine if there                 requirements and applicable DHS                       October 26, 2018, and related
     is a ‘‘false match’’ or some other issue.               privacy policies are adhered to during                determinations.
     The biographical information provides                   the implementation of this test.                      DATES:  This amendment was issued
     an additional level of verification to                  Additionally, as noted previously, CBP                October 31, 2018.
     determine the accuracy of the facial                    will be issuing a PIA for TVS, which                  FOR FURTHER INFORMATION CONTACT:
     matching technology.                                    will outline how CBP will ensure                      Dean Webster, Office of Response and
     Persons Covered                                         compliance with Privacy Act                           Recovery, Federal Emergency
                                                             protections and DHS privacy policies,                 Management Agency, 500 C Street SW,
       Participation in the test is voluntary.               including DHS’s Fair Information
     All individuals entering or exiting the                                                                       Washington, DC 20472, (202) 646–2833.
                                                             Practice Principles (FIPPs). The FIPPs
     United States at the Anzalduas port of                                                                        SUPPLEMENTARY INFORMATION: Notice is
                                                             account for the nature and purpose of
     entry in a vehicle may participate by                   the information being collected in                    hereby given that the incident period for
     entering and/or exiting through the                     relation to DHS’s mission to preserve,                this disaster is closed effective October
     testing lanes. Individuals who choose                   protect and secure the United States.                 26, 2018.
     not to participate may use the non-                     The PIA will address issues such as the                 The following Catalog of Federal Domestic
     testing lanes. No person or group of                    security, integrity, and sharing of data,             Assistance Numbers (CFDA) are to be used
     people will be required to use the                      use limitation and transparency. The                  for reporting and drawing funds: 97.030,
     testing lanes and there will be no                      PIA will be made publicly available at:               Community Disaster Loans; 97.031, Cora
     penalty for using the non-testing lanes.                                                                      Brown Fund; 97.032, Crisis Counseling;
                                                             http://www.dhs.gov/privacy-documents-
                                                                                                                   97.033, Disaster Legal Services; 97.034,
     Duration of Test                                        us-customs-and-border-protection.                     Disaster Unemployment Assistance (DUA);
                                                               CBP has also issued an update to the                97.046, Fire Management Assistance Grant;
       This voluntary test began August 30,                  DHS/CBP–007 Border Crossing                           97.048, Disaster Housing Assistance to
     2018, and will run for approximately                    Information (BCI) System of Records,                  Individuals and Households In Presidentially
     one year.                                               which fully encompasses all the data                  Declared Disaster Areas; 97.049,
     Analysis of Results                                     that is being collected at the Anzalduas              Presidentially Declared Disaster Assistance—
                                                             land border port of entry for the                     Disaster Housing Operations for Individuals
        CBP will generally retain facial                     purposes of this test. The system of                  and Households; 97.050, Presidentially
     images collected during this test until                 records notice (SORN) was published in                Declared Disaster Assistance to Individuals
     December 2020 for the sole purpose of                   the Federal Register on December 13,                  and Households—Other Needs; 97.036,
     testing facial recognition technology                                                                         Disaster Grants—Public Assistance
                                                             2016 (81 FR 89957).
     against a photograph gallery that most                                                                        (Presidentially Declared Disasters); 97.039,
     closely simulates CBP’s operational land                Paperwork Reduction Act                               Hazard Mitigation Grant.
     environment.9 All analysis will be                        The Paperwork Reduction Act (PRA)                   Brock Long,
     performed on the back end using the                     of 1995 (44 U.S.C. 3507(d)) requires that             Administrator, Federal Emergency
     standalone database created for this test.              CBP consider the impact of paperwork                  Management Agency.
     CBP will use the results of this test to                and other information collection                      [FR Doc. 2018–24776 Filed 11–13–18; 8:45 am]
     assess the operational feasibility of                   burdens imposed on the public. This                   BILLING CODE 9111–11–P
     collecting biometric information from                   information collection is covered by
     occupants in moving vehicles entering                   OMB control number 1651–0138. This
     and exiting at all U.S. land border ports               information collection has been updated               DEPARTMENT OF HOMELAND
     of entry. CBP will evaluate the test                    to include information being collected                SECURITY
     based on a number of criteria, including:               pursuant to this notice.
        • The ability of the technology to                     Dated: November 7, 2018.                            Federal Emergency Management
     capture high-quality facial images in                   Kevin K. McAleenan,                                   Agency
     vehicles traveling at various speeds, and               Commissioner.
     in various lighting and weather                                                                               [Internal Agency Docket No. FEMA–3408–
                                                             [FR Doc. 2018–24850 Filed 11–13–18; 8:45 am]          EM; Docket ID FEMA–2018–0001]
     conditions;
        • the ability of the technology to                   BILLING CODE 9111–14–P
                                                                                                                   Commonwealth of the Northern
     correctly match the facial images                                                                             Mariana Islands; Amendment No. 1 to
     captured to the correct individuals’                    DEPARTMENT OF HOMELAND                                Notice of an Emergency Declaration
     facial image(s) on file; and,                           SECURITY
        • the transaction time to match the                                                                        AGENCY: Federal Emergency
     facial images captured to the                           Federal Emergency Management                          Management Agency, DHS.
     photograph gallery to determine                         Agency                                                ACTION: Notice.
     whether a real-time match could be
                                                             [Internal Agency Docket No. FEMA–4404–                SUMMARY:  This notice amends the notice
     provided to the CBP Officer performing
                                                             DR; Docket ID FEMA–2018–0001]
     traveler screening at the entry or exit                                                                       of an emergency declaration for the
     lanes of the port.                                      Commonwealth of the Northern                          Commonwealth of the Northern Mariana
                                                             Mariana Islands; Amendment No. 1 to                   Islands (FEMA–3408–EM), dated
       9 As noted above, facial images collected from
                                                             Notice of a Major Disaster Declaration                October 23, 2018, and related
     exempt aliens or U.S. citizens will be deleted as                                                             determinations.
     soon as they are identified as an exempt alien or       AGENCY: Federal Emergency
     U.S. citizen. Further information about the             Management Agency, DHS.                               DATES: This amendment was issued
     retention of facial images will be provided in CBP’s                                                          October 31, 2018.
     Privacy Impact Assessment (PIA) for Traveler            ACTION: Notice.
                                                                                                                   FOR FURTHER INFORMATION CONTACT:
     Verification Services (TVS). It will be available at
     http://www.dhs.gov/privacy-documents-us-                SUMMARY:   This notice amends the notice              Dean Webster, Office of Response and
     customs-and-border-protection.                          of a major disaster declaration for the               Recovery, Federal Emergency


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Document Created: 2018-11-14 03:31:37
Document Modified: 2018-11-14 03:31:37
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 voluntary test began August 30, 2018, and will run for approximately one year.
ContactColleen Manaher, Executive Director, Planning, Program Analysis and Evaluation, U.S. Customs and Border Protection at (202) 344-3003 or [email protected]
FR Citation83 FR 56862 

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