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)

RAA Comments to the Department of Homeland Security - US-Visit Office RE: 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'') DOCKET: DHS-2008-0039 The Regional Airline Association with its 40 airline members, and over 300 associate members are united in opposition to the proposed US-Visit/Exit rule. Regional airlines operate one half of the nation's scheduled flights and our more than 2700 aircraft represents nearly 40% of the US commercial passenger fleet. In 2007 nearly 160 million people – more than one out of every five airline passengers – flew on regional airlines, and most importantly, 70% of the US airports are served exclusively by regional airlines. Many of these passengers and communities would be adversely affected by this proposed rule. We submit the DHS proposed US-Exit program is an ill-interpreted version of what Congress intended. In the Federal Register NPRM DHS asked industry to analyze important data and respond in order to create more effective policy. But when industry stakeholders requested an extension of the comment period so we could provide the most accurate data, DHS denied the extension of the comment period - - making clear that DHS is simply checking a box to meet a deadline, rather than making sound policy that actually provides for the safety and security of the traveling public and all Americans. Clearly this rule is simply DHS trying to pawn off its responsibilities and duties onto an industry that is already burdened with insane fuel prices – resulting in dropped flights to dozens of communities, thousands of layoffs, and all too common Chapter 11 announcements. Protecting and safeguarding of our borders has always, and should always be a function of the US Customs and Border Patrol. Congress never intended for DHS to put a national security program such as this into the hands of airline employees. In addition, DHS proposes to expand this program to provide for real time pre-screening of foreign travelers against criminal databases, and terrorist watch lists, which would place airline employees squarely in the arrest and apprehension process. Our nation's airline employees are not, nor should they be, trained as law enforcement officers. The NPRM as drafted raises a number of technical, business, legal and privacy issues, all of which require careful analysis. These issues require extensive research not only in the US, but also within our members' particular jurisdictions. The allotted timeframe from publishing in the Federal Register to today's hearing was not nearly enough time to examine these issues in any depth, and we certainly will not have this analysis done prior to the June 23rd close of the comment period. As such, in the notice for this hearing you asked us to focus on financial, operational, and economic impacts of the proposed rule on the industry, as well as any alternatives that would reduce the burden on travelers and the travel industry. I will attempt to address these points in the short time I have left. The NPRM suggests that this U.S. Exit system would cost the airlines between $3.6 and $6.1B. RAA strongly believes this is an unrealistically low estimate of the true cost of the program as envisioned. This number does not even come close to representing the money that would have to be spent by the airlines in order to purchase the machinery, the additional personnel that would be needed, as well as obtain the additional bandwith necessary to make this program work. Making matters worse, these estimates do not include the dozens of non-gateway airports, from which many regional airlines operate international flights. These non- gateway airports lack the infrastructure necessary to support the physical and technical requirements of this rule, making it impossible…

Filed on regulations.gov — full text not in the inline record.

IN THE MATTER OF: 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'') 8 CFR Parts 215, 217, 231, and 235 19 CFR Parts 4 and 122 RIN 1601–AA34 [DHS–2008–0039] Request by the Regional Airline Association (RAA) for a 60 day extension of the comment period. On April 24, 2008, the Department of Homeland Security (DHS) proposed to establish an exit program at all air and sea ports of departure in the United States. This proposed rule would require aliens who are subject to United States Visitor and Immigrant Status Indicator Technology Program (US–VISIT) biometric requirements upon entering the United States to provide biometric information to commercial air and vessel carriers before departing from the United States at air and sea ports of entry. The NPRM provides only 60 days, until June 23, 2008, for the public to comment on this rulemaking. RAA respectfully requests an additional 60 days to submit comments regarding this NPRM, citing the following factors: • The NPRM asks for detailed comments on " discrete elements of the proposal, including on-point operational and financial data and the potential economic and business impacts from performance standards proposed under this rule." 73 Fed Reg. 22066. It is unrealistic to expect RAA or the 42 RAA airlines directly impacted by the rule to be able to complete this comprehensive analysis in the 60 days provided. • In addition to analyzing the NPRM proposal, DHS has asked the public to propose other ways to efficiently collect this biometric information. We cannot reasonably solicit, aggregate, analyze and submit those suggestions within the 60- day time frame. We believe there is room for compromise given the alternatives offered, but we cannot examine in depth as necessary all four options within the 60 day time frame. • While there have been general discussions about the U.S. Exit program for some time, the April 24 NPRM was the first opportunity for RAA and its members to review the details of the DHS proposal. It is unreasonable to expect those airlines to provide meaningful comments on a proposal for a complex airline- funded program within the 60-day time frame. • The NPRM as drafted raises a number of technical, business, legal and privacy issues, all of which must be carefully analyzed before comments can be submitted. Further, complex privacy and legal issues will need to be fully researched both in the U.S. and within our members' particular jurisdictions. We cannot do this enormous task justice within the 60-day time frame. • The NPRM suggests that this U.S. Exit system would cost the airlines between $3.6 and $6.1B. RAA Strongly believes that this is an unrealistically low estimate of the true cost of the program as envisioned. It is therefore imperative that DHS have the benefit of our comprehensive financial analysis of the proposed system. Financial analysis of a proposal this broad and extreme could not expertly be analyzed in the 60 day time period proposed. • The NPRM references the pilot study and states: "In addition, DHS was often limited due to airport space restrictions in placing signage or other outreach material in places that it felt would have adequately informed the public of obligations for certain aliens to provide biometrics upon exiting the United States at certain airports. Similarly, these locations also had a low compliance rate." Why would DHS expect that member airlines would not encounter the same issues at airports if DHS themselves experienced those same problems. RAA contends that DHS needs to work with the airports on issues like this prior to any implementation of this NPRM. We recognize that DHS is under an obligation to address their responsibilities under U.S. Exit in a timely fashion. While…