[Federal Register Volume 85, Number 224 (Thursday, November 19, 2020)]
[Proposed Rules]
[Page 73644]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24706]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 85, No. 224 / Thursday, November 19, 2020 / 
Proposed Rules  

[[Page 73644]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 215, 217, 231, and 235

19 CFR Parts 4 and 122

[Docket No. DHS-2008-0039]
RIN 1601-AA34


Collection of Alien Biometric Data Upon Exit From the United 
States at Air and Sea Ports of Departure; United States Visitor and 
Immigrant Status Indicator Technology Program (``US-VISIT'')

AGENCY: Department of Homeland Security.

ACTION: Withdrawal of notice of proposed rulemaking.

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SUMMARY: This notice announces that DHS is withdrawing a notice of 
proposed rulemaking published in the Federal Register on April 24, 2008 
which proposed to require commercial air and vessel carriers to collect 
biometric information from certain aliens departing the United States 
and submit this information to the Department of Homeland Security 
(DHS) within a certain timeframe.

DATES: The notice of proposed rulemaking is withdrawn on November 19, 
2020.

FOR FURTHER INFORMATION CONTACT: Michael Hardin, Director, Entry/Exit 
Policy and Planning, Office of Field Operations, U.S. Customs and 
Border Protection, by phone at (202) 325-1053 or via email at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    On April 24, 2008, DHS published a notice of proposed of rulemaking 
(2008 NPRM) in the Federal Register (73 FR 22065) proposing a biometric 
exit program at air and sea ports that would require commercial air and 
vessel carriers to collect biometric data from aliens and submit this 
information to DHS within a certain timeframe. The proposed rule set 
out certain technical requirements and a substantive performance 
standard for the transmission of biometric data, but provided the 
carriers with some discretion in the manner of collection and 
submission of biometric data, including latitude in determining the 
location of the biometric data collection within the port of entry.
    DHS received 118 comments from the public in response to the 2008 
NPRM. Most of the comments opposed the adoption of the proposed rule 
due to issues of cost and feasibility. Among other things, commenters 
suggested that biometric collection should be a purely governmental 
function, that requiring air carriers to collect biometrics was not 
feasible and would unfairly burden air carriers and airports, and that 
the highly competitive air industry could not support a major new 
process of biometric collection on behalf of the government.
    After consideration of these comments and the results of various 
biometric exit pilots conducted in 2009,\1\ DHS concluded that the 
process described in the 2008 NPRM was not feasible for implementing a 
biometric exit program at air and sea ports. After the 2008 NPRM was 
published, DHS developed a new approach for implementing a biometric 
exit program based on a facial recognition system that is efficient, 
accurate, and unobtrusive. Concurrently with this notice, DHS is 
publishing an NPRM (``2020 NPRM'') that proposes to amend the 
regulations to enable the implementation of a biometric entry-exit 
system based on the new approach described in further detail in the 
2020 NPRM. Based on the comments received in response to the 2008 NPRM 
and DHS's new approach to implementing a biometric entry-exit system as 
set forth in the 2020 NPRM, DHS has decided to withdraw the 2008 NPRM.
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    \1\ For more information on the biometric exit pilots conducted 
in 2009, see Section III.D.2 of the NPRM referenced later in this 
paragraph.
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Executive Order 13771

    The withdrawal of the 2008 NPRM qualifies as a deregulatory action 
under Executive Order 13771. See OMB's Memorandum titled ``Guidance 
Implementing Executive Order 13771, Titled `Reducing Regulation and 
Controlling Regulatory Costs' '' (April 5, 2017).

Signature

    The Acting Secretary of Homeland Security, Chad F. Wolf, having 
reviewed and approved this document, has delegated the authority to 
electronically sign this document to Chad R. Mizelle, who is the Senior 
Official Performing the Duties of the General Counsel for DHS, for 
purposes of publication in the Federal Register.

Conclusion

    Accordingly, DHS withdraws the notice of proposed rulemaking 
published in the Federal Register (73 FR 22065) on April 24, 2008.

Chad R. Mizelle,
Senior Official Performing the Duties of the General Counsel, U.S. 
Department of Homeland Security.
[FR Doc. 2020-24706 Filed 11-18-20; 8:45 am]
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