[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Proposed Rules]
[Page 8878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02699]


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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. 86, No. 26 / Wednesday, February 10, 2021 / 
Proposed Rules  

[[Page 8878]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 215 and 235

[Docket No. USCBP-2020-0062]
RIN 1651-AB12


Collection of Biometric Data From Aliens Upon Entry to and 
Departure From the United States; Re-Opening of Comment Period

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

ACTION: Notice of proposed rulemaking; re-opening of comment period.

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SUMMARY: U.S. Customs and Border Protection (CBP) published a notice of 
proposed rulemaking (NPRM) in the Federal Register on November 19, 
2020, concerning collection of facial images and other biometrics from 
aliens entering and departing the United States. Based on comments 
received on the NPRM, CBP has decided to re-open the comment period for 
an additional 30 days.

DATES: The comment period for the notice of proposed rulemaking 
published on November 19, 2020 at 85 FR 74162, are reopened. Comments 
must be received on or before March 12, 2021.

FOR FURTHER INFORMATION CONTACT: Ashley Ortiz, Management and Program 
Analyst, Office of Field Operations, [email protected] or (202) 
412-7332.

ADDRESSES: Comments may be submitted, identified by docket number 
USCBP-2020-0062, by the following method:
    [ssquf] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Due to COVID-19-related restrictions, CBP has temporarily suspended 
its ability to receive public comments by mail.
    Instructions: All submissions received must include the agency name 
and docket title for this rulemaking, and must reference docket number 
USCBP-2020-0062. All comments received will be posted without change to 
http://www.regulations.gov, including any personal information 
provided. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the ``Public 
Participation'' heading of the SUPPLEMENTARY INFORMATION section of 
this document.
    Docket: For access to the docket to read background documents or 
comments received, go to: https://www.regulations.gov. Due to relevant 
COVID-19-related restrictions, CBP has temporarily suspended on-site 
public inspection of submitted comments.

SUPPLEMENTARY INFORMATION:

Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on the NPRM. Comments that 
will provide the most assistance to CBP will reference a specific 
portion of the NPRM, explain the reason for any recommended change, and 
include data, information, or authority that support such recommended 
change.

Background

    The Department of Homeland Security (DHS) is required by statute to 
develop and implement an integrated, automated entry and exit data 
system to match records, including biographic data and biometrics, of 
aliens entering and departing the United States. Although the current 
regulations provide that DHS may require certain aliens to provide 
biometrics when entering and departing the United States, they only 
authorize DHS to require certain aliens to provide biometrics upon 
departure under pilot programs at land ports and at up to 15 airports 
and seaports. To advance the legal framework for DHS to begin a 
comprehensive biometric entry-exit system, DHS is proposing to amend 
the regulations to remove the references to pilot programs and the port 
limitation to permit collection of biometrics from aliens departing 
from airports, land ports, seaports, or any other authorized point of 
departure. In addition, to enable U.S. Customs and Border Protection 
(CBP) to make the process for verifying the identity of aliens more 
efficient, accurate, and secure by using facial recognition technology, 
DHS is proposing to amend the regulations to provide that all aliens 
may be required to be photographed upon entry and/or departure. U.S. 
citizens may voluntarily opt out of participating in CBP's biometric 
verification program. The NPRM also makes other minor conforming and 
editorial changes to the regulations. For more detailed information on 
all of the proposed changes, see the NPRM published on November 19, 
2020 at 85 FR 74162.
    Based on the comments received, CBP is re-opening the comment 
period to allow for additional comments to be submitted on the NPRM. 
Comments must be received on or before March 12, 2021.

    Dated: February 4, 2021.
William A. Ferrara,
Executive Assistant Commissioner, Office of Field Operations, U.S. 
Customs and Border Protection.
[FR Doc. 2021-02699 Filed 2-9-21; 8:45 am]
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