Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 26721 

1To date, no commercial air carrier has offered 

to test the preferred solution in the proposed rule. 

This third air exit pilot program would 

biometrically and biographically verify the identity 

of each alien subject to US–VISIT biometric 

requirements departing the United States using a 

designated commercial air carrier at designated 

airport(s). 

months from the effective date and may 

be extended for an additional 12 months 

thereafter, if certain conditions are met. 

Dated: May 27, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, U.S. Department of 

Homeland Security. 

[FR Doc. E9–12947 Filed 6–2–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Notice to Aliens Included in the United 

States Visitor and Immigrant Status 

Indicator Technology (US–VISIT) 

Program; Collection of Alien Biometric 

Data upon Exit From the United States 

at Air Ports of Departure 

AGENCY: National Protection and 

Programs Directorate, Department of 

Homeland Security. 

ACTION: Notice. 

SUMMARY: This notice informs the public 

of the implementation of United States 

Visitor and Immigrant Status Indicator 

Technology (US–VISIT) Program exit 

pilot programs at two air ports of entry 

as required by the Consolidated 

Security, Disaster Assistance, and 

Continuing Appropriations Act, 2009. 

The 2009 appropriations act limited the 

Department of Homeland Security’s 

funding until US–VISIT conducts 

certain exit pilots programs and submits 

a report to Congress. This notice also 

announces the location of the exit pilot 

programs and describes the process by 

which the exit pilot programs will be 

evaluated by the Department of 

Homeland Security (DHS). The airport 

locations are Atlanta, Georgia, and 

Detroit, Michigan. 

FOR FURTHER INFORMATION CONTACT: 

Helen deThomas, US–VISIT, 

Department of Homeland Security, 245 

Murray Drive, SW., Washington, DC, 

20020; (202) 298–5200 (not a toll-free 

number). 

SUPPLEMENTARY INFORMATION: 

Background 

The Department of Homeland 

Security (DHS) established US–VISIT in 

accordance with several congressional 

mandates requiring DHS to create an 

integrated, automated entry-exit system 

that records the arrival and departure of 

aliens, verifies aliens’ identities, and 

authenticates aliens’ travel documents 

through the comparison of biometric 

identifiers. 

On April 24, 2008, DHS published a 

notice of proposed rulemaking (NPRM) 

to establish an exit program at all air 

and sea ports of departure in the United 

States. See 73 FR 22056. The NPRM 

proposed that aliens subject to US– 

VISIT entry requirements would 

provide biometric information to 

commercial air and vessel carriers 

before departing the United States at air 

and sea ports of entry. The commercial 

air and vessel carriers would be 

required to collect and transmit the 

biometric information to DHS. The rule 

would have exempted, at that time, 

certain private and small carriers. 

The Consolidated Security, Disaster 

Assistance, and Continuing 

Appropriations Act, 2009, Public Law 

110–329, 122 Stat. 3574, 3669–70 (Sept. 

30, 2008) (2009 Appropriations Act) 

subsequently provided: 

That no funding under this heading shall 

be obligated for implementation of a final air 

exit solution pursuant to the notice of 

proposed rulemaking (DHS–2008–0039) 

published on April 24, 2008, until the 

Committees on Appropriations of the Senate 

and the House of Representatives receive a 

report on pilot tests of the air exit solution, 

which shall be reviewed by the Government 

Accountability Office, and which shall test at 

least two scenarios: (a) Where the airlines 

collect and transmit biometric exit data as 

proposed in the notice of proposed 

rulemaking and (b) where U.S. Customs and 

Border Protection collects such information 

at the departure gates. 

DHS is conducting an additional pilot 

in which the Transportation Security 

Administration (TSA) collects and 

transmits biometric exit data at an 

airport security checkpoint. The air exit 

pilots are being conducted by CBP at the 

Detroit Metropolitan Wayne County 

Airport (DTW) and by TSA at the 

Hartsfield-Jackson Atlanta International 

Airport (ATL) for a 30–45 day period 

and began on May 28, 2009. 

Pilot 1: CBP at the Departure Gate 

CBP officers are conducting a pilot at 

the departure gate. The purpose of this 

pilot is to evaluate the impact of 

collecting biometric information at or 

near the departure gate from aliens who 

are subject to US–VISIT biometric 

requirements departing the United 

States for foreign destinations. The 

biometric information consists of one or 

more electronic fingerprints captured 

using a mobile or portable device. The 

biographic information includes travel 

document information, such as name, 

date of birth, document issuance type, 

country, and number—all of which are 

contained in the document’s machinereadable zone (MRZ) of a machinereadable travel document (MRTD). CBP 

is following defined processes that 

minimize interference with the air 

carrier boarding process. This pilot will 

capture the cycle time necessary for the 

additional verification and collection of 

this biometric data from international 

travelers. 

Pilot 2: TSA at the Security Checkpoint 

TSA is conducting a pilot at the 

security checkpoint. The purpose of this 

pilot is to evaluate the impact of 

collecting biometric information at the 

TSA security checkpoints from those 

aliens who are subject to US–VISIT 

biometric requirements departing the 

United States for foreign destinations. 

Those travelers with international 

destinations are directed to an area 

within the checkpoint where the 

biographic and biometric information is 

collected. The biometric information 

consists of one or more electronic 

fingerprints captured using a mobile 

device. The biographic information 

includes travel document information, 

such as name, date of birth, document 

issuance type, country, and number—all 

of which are contained in the 

document’s MRZ of the MRTD. This 

pilot will capture the cycle time 

necessary for the additional verification 

and collection of this biometric data 

from international travelers. 

Air Exit Pilots Evaluation 

The goal of the pilots is to provide 

data in support of an evaluation of each 

alternative to inform the final rule, 

supporting an optimal air exit solution. 

The pilots have the following additional 

objectives: 

• Evaluate identity verification and 

exit-recording solutions with existing 

port operations and infrastructure. 

• Record the exit from the United 

States of each alien encountered during 

the exit pilots who is subject to US– 

VISIT biometric requirements at the 

designated airports. 

• Update the individual records of 

each alien encountered during the exit 

pilots who is subject to US–VISIT 

biometric requirements in the 

Automated Biometric Identification 

System (IDENT) and the Arrival and 

Departure Information System (ADIS) 

with departure encounter information. 

DHS began collecting biographic and 

biometric data at the two exit pilot 

program locations identified herein on 

May 28, 2009. A third exit pilot program 

location to test the air carrier NPRM 

preferred solution will be determined at 

a later date.1 DHS will evaluate the exit 


PWALKER on PROD1PC71 with NOTICES
26722 Federal Register / Vol. 74, No. 105 / Wednesday, June 3, 2009 / Notices 

pilot programs, including the methods 

and processes for collecting the required 

information, after the pilots are 

completed. 

Notice of Requirements for Biometric 

Collection From Aliens 

In accordance with Immigration and 

Nationality Act (INA) section 215, as 

implemented in 8 CFR 215.8 and INA 

section 235, as implemented in 8 CFR 

235.1, DHS hereby provides a notice of 

the requirements for biometric 

collection from aliens, as follows: 

(a) Aliens subject to notice: Aliens 

subject to the conditions of entry 

specified at 8 CFR 235.1(f)(1)(ii) are 

subject to this notice and may be 

required to provide biometric 

information at the time of departure 

from the United States. 

(b) Aliens exempt: This notice does 

not apply to (i) aliens admitted on A– 

1, A–2, C–3 (except for attendants, 

servants, or personal employees of 

accredited officials), G–1, G–2, G–3, G– 

4, NATO–1, NATO–2, NATO–3, NATO– 

4, NATO–5, or NATO–6 visas, unless 

the Secretary of State and the Secretary 

of Homeland Security jointly determine 

that a class of such aliens should be 

subject to this notice; (ii) children under 

the age of 14; (iii) persons over the age 

of 79; (iv) classes of aliens the Secretary 

of Homeland Security and the Secretary 

of State jointly determine shall be 

exempt; or (v) an individual alien whom 

the Secretary of Homeland Security, the 

Secretary of State, or the Director of 

Central Intelligence determines shall be 

exempt. Aliens admitted on A–1, A–2, 

C–3 (except for attendants, servants, or 

personal employees of accredited 

officials), G–1, G–2, G–3, G–4, NATO– 

1, NATO–2, NATO–3, NATO–4, NATO– 

5, or NATO–6 visas who are no longer 

in such status on the date of departure, 

however, are subject to the departure 

requirements of this notice. Aliens 

exempted from paragraph (a) who are no 

longer in an exempted status on the date 

of departure are subject to the departure 

requirements of this notice. 

(c) Biometric information: All aliens 

subject to this notice shall, at the time 

of departure from designated air ports, 

submit electronic fingerprints and 

provide their travel documents as 

requested at the departure inspection 

locations. 

(d) Airport(s) designated for US–VISIT 

inspection at time of alien departure: 

• Atlanta, Georgia (Hartsfield-Jackson 

Atlanta International Airport). 

• Detroit, Michigan (Detroit 

Metropolitan Wayne County Airport). 

Paperwork Reduction Act 

US–VISIT, through TSA and CBP, is 

requiring aliens to provide biometric 

data in certain limited circumstances 

described above. This requirement is 

considered an information collection 

requirement under the Paperwork 

Reduction Act (44 U.S.C. 3501, et seq.). 

The Office of Management and Budget 

(OMB), in accordance with the 

Paperwork Reduction Act, has 

previously approved this information 

collection for use. The OMB control 

number for this collection is 1600–0006. 

The fingerprint collection covered by 

1600–0006 is unchanged from 

previously published documentation. 

Privacy 

The US–VISIT air exit pilots use, 

collect, and share personally 

identifiable information (PII) in 

accordance with the US–VISIT/IDENT 

System of Records Notice (SORN), 

applicable privacy impact assessments 

(PIAs), privacy laws, regulations, 

guidance, agreements, and best practices 

to ensure that individual privacy is 

appropriately protected. The US–VISIT 

Privacy Office published a 

comprehensive PIA on May 27, 2009, 

that includes the assessment for the 

elements being tested in the air exit 

pilots that addresses the use, collection, 

and retention of PII associated with the 

pilots, identifies possible risks and 

proposes mitigating strategies. The PIA 

was reviewed and approved by the 

Director of US–VISIT and the DHS Chief 

Privacy Officer. The PIA was published 

on the DHS public Web site at http:// 

www.dhs.gov/xlibrary/assets/privacy/ 

privacy_pia_usvisit_air_exit.pdf. 

The DHS Chief Privacy Officer, in 

conjunction with the US–VISIT Privacy 

Officer, exercises oversight of the US– 

VISIT program to ensure that the 

information maintained by US–VISIT is 

appropriately protected under privacy 

laws and guidance. DHS has established 

procedures to ensure the security, 

accuracy, relevance, timeliness, and 

completeness of all information 

maintained by US–VISIT. Information is 

safeguarded in terms of applicable rules 

and policies, including DHS policies for 

automated systems security and access. 

Only those persons with an official need 

to know information for the 

performance of their duties have access. 

Records of all individuals, including 

non-U.S. citizens, are protected in 

accordance with applicable privacy 

laws and regulations. 

Individuals, including non-U.S. 

citizens, who wish to contest or seek an 

amendment of their records may submit 

an inquiry via the DHS Traveler Redress 

Inquiry Program (DHS TRIP), a Webbased portal available at http:// 

www.dhs.gov/trip, or by writing to the 

US–VISIT program office and sending a 

fax to (202) 298–5201 or an e-mail to 

usvisitprivacy@dhs.gov. A mailed 

inquiry may be sent to the following 

address: Privacy Officer, US–VISIT, 

National Protection and Programs 

Directorate, Department of Homeland 

Security, Washington, DC 20528. 

However, because security concerns 

occasionally cause mail delays, the 

other communication methods are 

preferred and may result in quicker 

responses. The request should include 

the requester’s full name, current 

address, date of birth, and a detailed 

explanation of the amendment sought. 

More information on redress procedures 

can be found at http://www.dhs.gov/ 

xtrvlsec/programs/editorial 0436.shtm. 

If the matter cannot be resolved by the 

US–VISIT Privacy Officer, further 

appeal for resolution may be made to 

the DHS Chief Privacy Officer at the 

following address: Chief Privacy Officer, 

U.S. Department of Homeland Security, 

Washington, DC 20528; telephone (202) 

282–8000; or fax (202) 772–5036. 

Robert A. Mocny, 

Director, US–VISIT. 

[FR Doc. E9–12939 Filed 6–2–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

[Docket ID: FEMA–2009–0001] 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Notice; 30-day notice and 

request for comments; revision of a 

currently approved information 

collection; OMB No. 1660–0001; FEMA 

Form 646–0–1 (new number assignment 

replacing FEMA Form 85–3), National 

Defense Executive Reserve Personal 

Qualifications Statement. 

SUMMARY: The Federal Emergency 

Management Agency (FEMA) has 

submitted the information collection 

abstracted below to the Office of 

Management and Budget for review and 

clearance in accordance with the 

requirements of the Paperwork 

Reduction Act of 1995. The submission 

describes the nature of the information 

collection, the categories of 


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