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US-VISIT Air-Sea Biometric Exit, Notice of Proposed Rulemaking

The Department of Homeland Security has issued a notice of proposed rulemaking to establish an exit program at all airports and seaports of departure in the United States.

Under this rule, the Department proposes to require non-U.S. citizens subject to US-VISIT biometric requirements upon entering the United States to also provide biometric identifiers-digital fingerprints-prior to departing the United States from airports or seaports of departure.

The Proposed Rule requires commercial air carriers and vessel owners and operators to collect and transmit this biometric exit information to Homeland Security, in conjunction with passenger manifest information already being collected and submitted by the carriers. The proposed rule would not apply to small carriers and vessel owners and operators, or to general aviation.

Collection of Alien Biometric Data upon Exit from the United States at Air and Sea Points of Departure; US-VISIT Program 

Comment Period

Comments will be accepted and are due no later than June 23, 2008. Comments may be submitted via:

  • Federal Rulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to www.regulations.gov, including any personal information provided.
  • Mail: Written comments may be submitted to: US-VISIT, Attn: Air Exit NPRM, Department of Homeland Security, 1616 N. Fort Myer Drive, 18th Floor, Arlington, VA 22209.

All comments submitted must include the agency name and docket number DHS-2008-0039.

Following the 60 day public comment period and review, a Final Rule will be published outlining the new requirements and their effective date.

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This page was last reviewed/modified on April 24, 2008.