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DHS/USCBP | RIN: 1651-AB43 | Publication ID: Fall 2024 |
Title: Advance Passenger Information System: Electronic Validation of Travel Documents | |
Abstract:
U.S. Customs and Border Protection (CBP) regulations require commercial air carriers to electronically transmit passenger information to CBP’s Advance Passenger Information System (APIS) prior to an aircraft’s arrival in or departure from the United States. CBP proposed to amend these regulations to incorporate additional carrier requirements that would enable CBP to validate each passenger’s travel documents prior to the passenger boarding the aircraft. The proposed changes, once implemented, would also require air carriers to transmit additional data elements through APIS for all commercial aircraft passengers arriving in the United States in order to support border operations and national security. The collection of additional data elements will support the efforts of the Centers for Disease Control, within the Department of Health and Human Services, to monitor and contact-trace health incidents. This rule is consistent with Executive Order 14058, which directs agencies to take actions that improve service delivery and customer experience by decreasing administrative burdens, enhancing transparency, and improving the efficiency and effectiveness of government. |
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Agency: Department of Homeland Security(DHS) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 19 CFR 122 | |
Legal Authority: 49 U.S.C. 44909 8 U.S.C. 1221 |
Legal Deadline:
None |
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Statement of Need: Current regulations require U.S. citizens and foreign travelers entering and leaving the United States via air travel to submit travel documents containing biographical information, such as a passenger’s name and date of birth. For security purposes, CBP compares the information on passengers’ documents to various databases and the terrorist watch list through APIS. To further improve CBP’s vetting processes with respect to identifying and preventing passengers with fraudulent or improper documents from traveling to or leaving the United States, CBP proposes to require carriers to receive from CBP a message that would state whether CBP matched the travel documents of each passenger to a valid, authentic travel document prior to departure to the United States from a foreign port or place or departure from the United States. The proposed changes, once implemented, would also require carriers to submit passenger contact information to CBP through APIS. Submission of such information would additionally enable CBP to identify and interdict individuals posing a risk to border, national, and aviation safety and security. Collecting these additional data elements would also enable CBP to further assist CDC to monitor and trace the contacts of those involved in serious public health incidents upon CDC request. Additionally, the rule would allow carriers to include the aircraft registration number in their electronic messages to CBP and make technical changes to conform with current practice. |
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Anticipated Costs and Benefits: This rule would result in costs to CBP, air carriers, and passengers for additional time spent coordinating to resolve a passenger’s status should there be a security issue upon checking in for a flight. In addition, CBP will incur costs for technological improvements to its systems. CBP, air carriers, and passengers would benefit from reduced passenger processing times during customs screening. Unquantified benefits would result from greater efficiency in passenger processing pre-flight, improved national security, and fewer penalties for air carriers following entry denial of a passenger. |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
Federalism: No | |
Included in the Regulatory Plan: Yes | |
RIN Information URL: https://www.regulations.gov | Public Comment URL: https://www.regulations.gov |
RIN Data Printed in the FR: No | |
Agency Contact: Robert Neumann Program Manager, Office of Field Operations Department of Homeland Security U.S. Customs and Border Protection 1300 Pennsylvania Avenue NW, Washington, DC 20229 Phone:202 412-2788 Email: robert.m.neumann@cbp.dhs.gov |