DHS is required to analyze the proposed actions contained in this interim rule for purposes of complying with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. 4321 et seq., and Council on Environmental Quality (CEQ) regulations, 40 CFR Parts 1501-1508. An agency is not required to prepare either an environmental impact statement (EIS) or environmental assessment (EA) under NEPA if the proposed action falls within a categorical exclusion, and no extraordinary circumstances preclude use of the categorical exclusion. 40 CFR 1508.4. DHS has analyzed this interim rule and has concluded that there are no factors in the expansion of US-VISIT pursuant to this interim rule case that would limit the use of a categorical exclusion under 28 CFR part 61 App. C, as authorized under 6 U.S.C. 552(a). Therefore, DHS finds that this interim rule is categorically excluded from further environmental documentation.

J. Paperwork Reduction Act

    This interim rule permits DHS to require certain aliens who cross United States borders to provide fingerprints, photograph(s), and potentially other biometric identifiers upon their arrival at designated ports or departure from designated locations. These requirements constitute an information collection under the Paperwork Reduction Act (PRA), 44 U.S.C. 507 et seq. OMB in accordance with the Paperwork Reduction Act has previously approved this information collection for use. The OMB Control Number for thi s collection is 1600-0006.

    Since this rule adds a new category of aliens who must be photographed, fingerprinted, and who may be required to provide other biometric identifiers, the Department has submitted the required Paperwork Reduction Change Worksheet (OMB-83C) to the Office of Management and Budget (OMB) reflecting the increase in burden hours and the OMB has approved the changes.

    In addition, this interim rule requires that the same classes of aliens who are required to provide fingerprints, photograph(s), and potentially other biometric identifiers upon their arrival at air and sea ports-of-entry under US-VISIT must also provide these biometrics when entering the United States at land border ports-of-entry. The requirement to collect these biometrics under US-VISIT are considered information collections under the Paperwork Reduction Act. OMB has previously approved the information collection requirements for US-VISIT. The OMB Control Number for this collection is 1600-0006.

K. Public Privacy Interests

    As discussed in the January 5, 2004 interim rule, US-VISIT records will be protected consistent with all applicable privacy laws and regulations. Personal information will be kept secure and confidential and will not be discussed with, nor disclosed to, any person within or outside US-VISIT other than as authorized by law and as required for the performance of official duties. In addition, careful safeguards, including appropriate security controls, will ensure that the data is not used or accessed improper ly. The Department's Chief Privacy Officer will review pertinent aspects of the program to ensure that these proper safeguards and security controls are in place. The information will also be protected in accordance with the Department's published privacy policy for US-VISIT. Affected persons will have a three-stage process for redress if there is concern about the accuracy of information. An individual may request a review or change, or a Department officer may determine that an inaccuracy exists in a reco rd. A Department officer can modify the record. If the individual remains unsatisfied with this response, he or she can request assistance from the US-VISIT Privacy Officer, and can ask that the Privacy Officer review the record and address any remaining concerns.

    The Department's Privacy Office will exercise oversight of US-VISIT to ensure further that the information collected and stored in IDENT and other systems associated with US-VISIT is being properly protected under the privacy laws and guidance. US-VISIT also has a program-dedicated Privacy Officer to handle specific inquiries and to provide additional oversight of the program.

    Finally, DHS will maintain secure computer systems that will ensure that the confidentiality of an individual's personal information is maintained. In doing so, the Department and its information technology personnel will comply with all laws and regulations applicable to government systems, such as the Federal Information Security Management Act of 2002, Title X, Public Law 107-296, 116 Stat. 2259-2273 (2002)(codified in scattered sections of 6, 10, 15, 40, and 44 U.S.C.); Information Management Technology Reform Act (Clinger-Cohen Act), Public Law 104-106, Div. E, codified at 40 U.S.C. 11101 et seq.; Computer Security Act of 1987, Public Law 100-235, 40 U.S.C. 1441 et seq. (as amended); Government Paperwork Elimination Act, Title XVII, Public Law 105-277, 112 Stat. 2681-749--2681-751 (1998) (codified, as amended, at 44 U.S.C. 101; 3504 note); and Electronic Freedom of Information Act of 1996, Public Law 104-231, 110 Stat. 3048 (1996)(codified, as amended, at 5 U.S.C. section 552.)

List of Subjects

8 CFR Part 215

    Administrative practice and procedure, Aliens, Travel restrictions.

8 CFR Part 235

    Aliens, Immigration, Registration, Reporting and Recordkeeping requirements.

8 CFR Part 252

    Air Carriers, Airmen, Aliens, Maritime carriers, Reporting and recordkeeping requirements, Seamen.

Accordingly, chapter I of title 8 of the Code of Federal Regulations is amended as follows:

1. The authority citation for part 215 continues to read as follows:

    Authority: 8 U.S.C. 1104; 1184; 1185 (pursuant to E.O. 13323, published January 2, 2004), 1365a and note, 1379, 1731-32.

2. Section 215.8 is amended by:

a.     Revising paragraph (a)(1); and

b. Revising paragraph (a)(2)(ii).

    The revisions read as follows:

    (a)(1) The Secretary of Homeland Security may establish pilot programs at land border ports-of-entry, and at up to fifteen air or sea ports-of-entry, designated through notice in the Federal Register, through which the Secretary or his delegate may require an alien admitted pursuant to a nonimmigrant visa, a Form DSP-150, B-1/B-2 Visa and Border Crossing Card, or section 217 of the Act, who departs the United States from a designated port-of-entry, to provide fingerprints, photograph(s) or other specified biometric identifiers, documentation of his or her immigration status in the United States, and such other evidence as may be requested to determine the alien's identity and whether he or she has proper ly maintained his or her status while in the United States.

    (2) * * *

* * * * *

PART 235--INSPECTION OF PERSONS APPLYING FOR ADMISSION

3. The authority citation for part 235 continues to read as follows:

    Authority: 8 U.S.C. 1101 and note, 1103, 1183, 1185 (pursuant to E.O. 13323 published on January 2, 2004), 1201, 1224, 1225, 1226, 1228, 1365a note, 1379, 1731-32.

* * * * *

    (d) * * *

    (1) * * *

    (ii) The Secretary of Homeland Security or his delegate may require nonimmigrant aliens seeking admission to the United States pursuant to a nonimmigrant visa, a Form DSP-150, B-1/B-2 Visa and Border Crossing Card, or section 217 of the Act, at a port-of-entry designated by notice in the Federal Register to provide fingerprints, photograph(s) or other specified biometric identifiers during the inspection process. The failure of an applicant for admission to comply with any requirement to provide biometric identifiers may result in a determination that the alien is inadmissible under section 212(a)(7) of the Act, or other relevant grounds in section 212 of the Act.

* * * * *

    (iv) * * *

    (B) 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 officials of the Taipei Economic and Cultural Representative Office, unless the Secretary of State and the Secretary of Homeland Security jointly determine that a class of such aliens should be subject to the requirements of paragraph (d)(1)(ii);

* * * * *

PART 252--LANDING OF ALIEN CREWMEN

5. The authority citation for part 252 is revised to read as follow:

    Authority: 8 U.S.C. 1103, 1184, 1185 (pursuant to E.O. 13323 published on January 2, 2004), 1258, 1281, 1282; 8 CFR part 2.

* * * * *

    (c) Requirements for landing permits .     Every alien crewman applying for landing privileges in the United States is subject to the provisions of 8 CFR 235.1(d)(1)(ii) and (iii), and must make his or her application in person before a Customs and Border Protection (CBP) officer, present whatever documents are required, establish to the satisfaction of the inspecting officer that he or she is not inadmissible under any provision of the law, and is entitled clearly and beyond doubt to landing privileges in the United States.

* * * * *

August 26, 2004 ________________________ Dated:

Signed ___________________________________ Tom Ridge, Secretary of Homeland Security.

Footnotes

1/     Effective March 1, 2003, pursuant to the Homeland Security Act of 2002, the responsibility for maintenance of such files, along with other functions, was transferred from DOJ to DHS. For purpose of consistency throughout this interim rule, any reference to authorities or functions originally vested in the Attorney General or DOJ that were transferred to DHS or the Secretary of DHS will now be referenced as functions or authorities of DHS or the Secretary of DHS.

2/     Certain aliens whose presence in the United States warrants monitoring for national security or law enforcement reasons remain subject to the NSEERS special registration procedures at 8 CFR 264.1(f) and its implementing notices. See 68 FR 67578.