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Notice2025-03438

Facial Comparison for APIS Compliance Test: Renewal of Test

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Published

March 4, 2025

Issuing agencies

Homeland Security DepartmentU.S. Customs and Border Protection

Abstract

This notice announces that U.S. Customs and Border Protection (CBP) is renewing the Facial Comparison for Advance Passenger Information System (APIS) Compliance Test. Commercial air and sea carriers that voluntarily participate in this test use CBP's Traveler Verification Service (TVS) to comply with APIS regulatory requirements. During this test, participating carriers will use the existing TVS to ensure the manifest information sent to CBP is correct and to perform the required identity verification pursuant to APIS regulations. This process has the potential to expedite the departure process as compared to the manual data and identity verification process.

Full Text

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<title>Federal Register, Volume 90 Issue 41 (Tuesday, March 4, 2025)</title>
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[Federal Register Volume 90, Number 41 (Tuesday, March 4, 2025)]
[Notices]
[Pages 11175-11179]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-03438]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

Facial Comparison for APIS Compliance Test: Renewal of Test

AGENCY: U.S. Customs and Border Protection; DHS.

ACTION: General notice.

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SUMMARY: This notice announces that U.S. Customs and Border Protection
(CBP) is renewing the Facial Comparison for Advance Passenger
Information System (APIS) Compliance Test. Commercial air and sea
carriers that voluntarily participate in this test use CBP's Traveler
Verification Service (TVS) to comply with APIS regulatory requirements.
During this test, participating carriers will use the existing TVS to
ensure the manifest information sent to CBP is correct and to perform
the required identity verification pursuant to APIS regulations. This
process has the potential to expedite the departure process as compared
to the manual data and identity verification process.

DATES: This renewal extends the test for an additional two years,
expiring on February 16, 2027, unless renewed. The initial voluntary
test began on February 16, 2023, and was set to expire on February 16,
2025. CBP will announce any modifications by notice in the Federal
Register.

ADDRESSES: Applications to participate in the Facial Comparison for
APIS Compliance Test must be submitted via email to
<a href="/cdn-cgi/l/email-protection#ceaca7a1a3abbabca7adafa7bc8eadacbee0aaa6bde0a9a1b8">[email&#160;protected]</a>. Please use ``APIS Compliance Test'' in the
subject line of the email. Written comments concerning program, policy,
and technical issues may also be submitted via email to
<a href="/cdn-cgi/l/email-protection#2a484345474f5e5843494b43586a49485a044e4259044d455c">[email&#160;protected]</a>.

FOR FURTHER INFORMATION CONTACT: Natascha A. Gutermuth, Program
Manager, Innovation and Strategy Directorate, Office of Field
Operations, <a href="/cdn-cgi/l/email-protection#c9a7a8bda8baaaa1a8e7a8e7aebcbdacbba4bcbda189aaabb9e7ada1bae7aea6bf">[email&#160;protected]</a> or (202) 417-0096.

SUPPLEMENTARY INFORMATION:

[[Page 11176]]

I. Background

Under U.S. Customs and Border Protection (CBP) regulations, the
appropriate officials \1\ of commercial airlines and vessels
(collectively, ``carriers'') arriving in or departing from the United
States are required to transmit an electronic manifest to CBP through
the Advance Passenger Information System (APIS) that lists all
crewmembers and passengers (collectively, ``travelers''). The
electronic manifest must be transmitted within a specified timeframe,
generally before the vessel or aircraft departs, though the exact
timeframe varies depending on the circumstances of the trip and type of
carrier. See Immigration and Nationality Act, 66 Stat. 163, sec. 231,
as amended (8 U.S.C. 1221); 19 U.S.C. 1433; 49 U.S.C. 44909; 19 CFR
4.7b(b), 4.64(b), 122.49a(b), 122.49b(b), 122.49c, 122.75a(b), and
122.75b(b). The electronic manifest must include the travelers'
biographic information including, for example, name, age, date of
birth, citizenship, passport number if relevant, and other data
elements depending upon the circumstances of the trip, the type of
traveler (e.g., crew or passenger), and the type of carrier as well as
such other information as determined necessary by the Secretary of the
Department of Homeland Security (DHS), in consultation with the
Secretary of State, for flights and vessels arriving in and departing
from the United States, or as determined necessary by the Administrator
of the Transportation Security Administration (TSA), in consultation
with the Commissioner of CBP, for flights arriving in the United
States. See 8 U.S.C. 1221; 49 U.S.C. 44909.
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\1\ An ``appropriate official'' is defined as the master or
commanding officer, or authorized agent, owner, or consignee of a
commercial aircraft or vessel; this term and the term ``carrier''
are sometimes used interchangeably within the regulations. See 19
CFR 4.7b(a), 122.49a(a).
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As part of the reporting process, a carrier must, among other
things, compare the travel document presented by the traveler with the
information the carrier is transmitting to CBP on the electronic
manifest in order to (1) verify that the manifest information
transmitted to CBP is correct; and (2) verify that the traveler is the
person to whom the travel document was issued. See 19 CFR 4.7b(d),
4.64(d), 122.49a(d), 122.49b(d), 122.75a(d), and 122.75b(d). These two
requirements will be referred to in this document as the ``APIS
verification requirements''.
To improve the accuracy and efficiency of the APIS verification
requirements, CBP introduced the Facial Comparison for APIS Compliance
Test on February 16, 2023.\2\ Carriers that participate in the test use
CBP's Traveler Verification Service (TVS) to aid compliance with APIS
verification requirements. Participation in this test is on a voluntary
basis for both carriers and travelers.
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\2\ 88 FR 10137 (Feb. 16, 2023).
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Carriers participating in this test collect facial images
(photographs) of certain travelers at the gate or other identity check
points.\3\ Carriers then transmit those facial images to CBP's TVS
facial comparison service which compares transmitted images to
biometric templates \4\ generated from pre-existing photographs that
CBP already maintains, known as a ``gallery.'' When CBP receives a
passenger manifest, CBP builds a gallery of photographs for the
individuals identified on the manifest. These images may include
photographs captured by CBP during previous entry inspections,
photographs from U.S. passports and U.S. visas, and photographs from
other Department of Homeland Security (DHS) encounters.
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\3\ Individual travelers may opt out of the APIS test procedures
if they do not wish to provide their facial image.
\4\ A biometric template is a digital representation of a
biometric trait of an individual generated from a biometric image
and processed by an algorithm. The template is usually represented
as a sequence of characters and numbers. For the TVS, templates
cannot be reverse engineered to recreate a biometric image. The
templates generated for the TVS are proprietary to a specific
vendor's algorithm and cannot be used with another vendor's
algorithms.
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If the TVS matches the traveler's facial image to a photograph in
the gallery and the manifest information transmitted to CBP is correct,
the carrier's APIS verification requirements are considered fulfilled
and the carrier is not required to perform any additional identity or
passenger manifest verification.\5\ If the traveler's facial image does
not result in a match from the TVS for any reason, participating
carriers must verify the traveler's identity through a manual review of
the traveler's travel documents pursuant to the existing APIS
regulatory requirements. If a carrier identifies a traveler whose
facial image has been incorrectly matched by the TVS to another
passenger (referred to as a ``false positive''), the carrier must
manually review the travel documents of any such false positives
pursuant to current APIS requirements.\6\
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\5\ Carriers still need to ensure that each traveler has a valid
passport or authorized travel document in the traveler's possession.
This separate check for a valid passport or authorized travel
document fulfills the passenger manifest requirements for the United
States, but there may be additional requirements from destination or
transit countries.
\6\ In the unlikely event that a false positive results in the
creation of an incorrect travel record, the traveler affected by the
incorrect travel record can seek redress through the DHS Traveler
Redress Inquiry Program (DHS TRIP) at <a href="https://www.dhs.gov/dhs-trip">https://www.dhs.gov/dhs-trip</a>,
or the CBP redress process, which can be found at <a href="https://www.cbp.gov/travel/international-visitors/i-94/traveler-compliance">https://www.cbp.gov/travel/international-visitors/i-94/traveler-compliance</a>.
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If an individual traveler does not want to be photographed, the
traveler can opt out of this procedure by notifying the carrier. CBP
requires that carriers post clear and visible signs notifying travelers
of their ability to opt out. Additionally, carriers may choose to give
a verbal announcement during the boarding process with additional
information about CBP's use of facial comparison technology. If a
traveler opts out of the APIS test procedures, the carrier must perform
a manual review of the travel documents to ensure the manifest
information sent to CBP is correct and verify the traveler's identity
as required by the APIS regulations. CBP requires carriers to provide
an electronic manifest listing all travelers pursuant to APIS
regulations, regardless of the verification process used by the
carrier.

II. Facial Comparison for APIS Compliance Test: Renewal

This notice extends the Facial Comparison for APIS Compliance Test
beyond its original expiration date of February 16, 2025, for an
additional period of two years. This renewal does not modify any other
provision of the original notice. All provisions of the original
notice, with the exception of the amended expiration date, will remain
applicable through the extended period.
For convenience, CBP has republished portions of the previous
notice in the following subsections, including the authorization for
this test, a description of the affected regulatory requirements,
expected costs and benefits, test evaluation criteria, consequences of
misconduct under the test, a privacy notice, and a statement regarding
the Paperwork Reduction Act. Further information regarding the Facial
Comparison for APIS Compliance Test can be found in the original notice
for this test.\7\
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\7\ 88 FR 10137 (Feb. 16, 2023).
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A. Duration and Purpose of the Extended Test

The purpose of the APIS test is to determine the feasibility of
allowing carriers to use CBP's TVS facial comparison service to comply
with the carriers' APIS verification requirements.

[[Page 11177]]

During the initial testing period, some carriers were not able to
participate due to factors outside of CBP's control, including
carriers' funding availability and the travel industry's recovery from
COVID-19 related disruptions. To effectively evaluate the feasibility
of allowing carriers to use CBP's TVS facial comparison service to
comply with APIS verification requirements, it is necessary for CBP to
evaluate a broader group of participants. Thus, CBP is extending the
testing period to allow additional carriers to participate in the test
who may not have been able to do so previously.
The Facial Comparison for APIS Test was originally scheduled to run
for a period of two years, beginning on February 16, 2023, and ending
on February 16, 2025. Through this notice, CBP is renewing the facial
comparison test and extending it beyond its original expiration date.
The facial comparison test will run for an additional period of two
years beginning on February 16, 2025, and ending on February 16, 2027.
While the test is ongoing, CBP will evaluate the results and determine
whether the test should be extended or otherwise modified. CBP reserves
the right to discontinue this test at any time at CBP's sole
discretion. CBP will announce any modifications by notice in the
Federal Register.

B. Eligibility and Participation Requirements

Any commercial air or commercial sea carrier may apply to
participate in the APIS test. To participate in this test, a carrier
must submit a request to participate to <a href="/cdn-cgi/l/email-protection#25474c4a484051574c46444c57654647550b414d560b424a53">[email&#160;protected]</a>.
Applicant carriers must meet all CBP requirements for this test,
including those listed in the Business Requirements Document \8\ and
the Technical Reference Guides provided by CBP to the carriers. Upon
request, CBP will provide the carrier with the full list of
requirements for participation which vary depending upon the specific
circumstances of the carrier.
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\8\ The Business Requirements Document is available at: <a href="https://www.cbp.gov/document/specifications/exit-business-requirements-document">https://www.cbp.gov/document/specifications/exit-business-requirements-document</a>.
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Carriers must agree that they will not store or retain any photos
taken while using TVS facial comparison services. Carriers must provide
CBP with a CBP-approved method of auditing compliance with this
requirement. Any system log files associated with a TVS enabled system
must be approved by CBP to ensure compliance with DHS and CBP privacy
and security policies and all applicable privacy statutes and
regulations.
The carrier must also sign and return the Business Requirements
Document to CBP in order to participate in the APIS test. The Business
Requirements Document is an acknowledgement by the carrier that it
agrees to all CBP terms and technical specifications as well as any
other requirements as determined by CBP.
Any carrier that wishes to participate in the APIS test may contact
CBP via email at <a href="/cdn-cgi/l/email-protection#55373c3a383021273c36343c27153637257b313d267b323a23">[email&#160;protected]</a> to request the detailed
technical requirements for participation, as well as to obtain a copy
of the Business Requirements Document to be signed by the carrier. If
the carrier wishes to participate in the test, it can return the signed
Business Requirements Document and CBP will coordinate with the carrier
to ensure that the carrier's systems meet the technical and privacy
requirements as determined by CBP.
It is within CBP's sole discretion to refuse test participation for
any carrier.

C. Authorization for This Test

The renewed test described in this notice is authorized pursuant to
19 CFR 101.9(a), which allows the Commissioner of CBP to impose
requirements different from those specified in the CBP regulations for
conducting a test program or procedure designed to evaluate the
effectiveness of new technology or operation procedures regarding the
processing of passengers, vessels, or merchandise. This test is
authorized pursuant to this regulation as it is designed to evaluate
whether the use of CBP's TVS technology is a feasible way for carriers
to meet their APIS verification requirements.

D. Waiver of Certain Regulatory Requirements

Under CBP's APIS regulations, carriers are responsible for, among
other things, comparing the travel documents presented by passengers
with the manifest information the carrier is transmitting to CBP to
verify that the information is correct and to verify the identity of
the traveler. Under this test, these manual APIS verification
requirements will be waived if CBP's TVS returns a match of the
traveler's facial image to a photograph in the gallery.\9\ When the TVS
returns a match of a traveler's facial image, a participating carrier's
APIS verification requirements under 19 CFR 122.49a(d), 122.49b(d),
122.75a(d), and 122.75b(d) will be considered fulfilled without the
carrier further inspecting the traveler's travel documents.\10\
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\9\ However, in the event of a ``false positive'' as discussed
above, the carrier will still be required to manually review the
travel documents in accordance with the requirements of 19 CFR
122.49a(d), 122.49b(d), 122.75a(d), and 122.75b(d).
\10\ As noted in Section I., carriers are still required to
ensure that each traveler has a valid passport or authorized travel
document in the traveler's possession.
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As noted in Section I., if CBP's TVS does not return a match of the
traveler's facial image or a traveler opts out of the APIS test
procedures, the carrier must perform a manual document check to fulfill
the APIS verification requirements.

E. Costs

Under this test, CBP gives participating carriers access to its TVS
facial comparison service, and the carriers are responsible for
selecting and purchasing the image capture and transmission equipment
that best fits their needs. Carriers that participated in the Facial
Comparison for APIS Compliance Test prior to this extension may
continue to use equipment that meets CBP's technical requirements.
There are no new costs attributable solely to the extension of the
Facial Comparison for APIS Compliance Test.
The cost of the equipment varies by carrier and may depend on how
the equipment is used. CBP believes costs will range from $5,000 to
$20,000 per departure gate, based on CBP's experience from the initial
testing period and CBP's experience with other facial comparison tests.
It is also possible that costs will go down substantially over time as
carriers develop more efficient and inexpensive equipment.

F. Benefits

The goal of the APIS test is to enable carriers to satisfy the APIS
verification requirements with greater accuracy and efficiency by
eliminating the manual data and identity verification process in most
cases. The use of TVS technology for APIS verification purposes has the
potential to speed up the departure process for both carriers and
travelers, as it enables travelers to be matched more efficiently to
their travel documents. Various airlines have already partnered with
CBP to test facial comparison in other contexts pursuant to regulations
in title 8 of the Code of Federal Regulations. While these other
programs are unrelated to APIS compliance, the use of facial comparison
technology in those contexts is comparable to the test procedures
detailed here and participants have reported that facial

[[Page 11178]]

comparison tests speed up the boarding process substantially.\11\
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\11\ In one test, an airline partner has been able to board an
Airbus A-380 with 350 travelers in only 20 minutes. (<a href="https://www.cntraveler.com/story/orlando-airport-first-in-the-us-to-scan-faces-of-all-international-passengers">https://www.cntraveler.com/story/orlando-airport-first-in-the-us-to-scan-faces-of-all-international-passengers</a>. Accessed Oct. 15, 2024.)
Another airline partner has reported to CBP that its baseline
loading time for an A-380 is 45 minutes. In the test of the
integrated facial comparison service used at the Orlando Airport,
travelers have experienced a 15-minute time savings. According to
one news article, this is down from 30 minutes for a 240-passenger
plane. (<a href="https://www.forbes.com/sites/grantmartin/2018/06/24/orlando-airport-deploys-biometric-scanners-at-all-international-gates/#2a4a588118f9">https://www.forbes.com/sites/grantmartin/2018/06/24/orlando-airport-deploys-biometric-scanners-at-all-international-gates/#2a4a588118f9</a>. Accessed Oct. 15, 2024.) In both tests, boarding
times are reduced by approximately 50 percent.
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Performing biometric identity verification can also help CBP and
partner stakeholders reconcile any errors or incomplete data in a
traveler's biographic data. CBP anticipates that having a more accurate
verification will result in more accurate border crossing records of
travelers. This will allow CBP to more effectively identify overstays
and aliens who are, or were, present in the United States without
having been admitted or paroled and prevent their unlawful reentry into
the United States. It will also make it more difficult for imposters to
utilize other travelers' credentials. Ultimately, this provides CBP
with more reliable information to verify identity and strengthens CBP's
ability to identify criminals and known or suspected terrorists.

G. Evaluation of the APIS Test

CBP will use the results of this test to assess the operational
feasibility of using the TVS facial comparison service for the purposes
of compliance with the APIS verification requirements. CBP will
evaluate this test based on a number of criteria, including:
<bullet> the percentage of travelers for whom CBP had a gallery
photo available for matching purposes; and
<bullet> the ability of the technology to correctly match the
facial images captured to the correct individuals' facial image(s) on
file, including continued tracking of any differences in matching
performance based on measurable demographic factors.
CBP's operational data continues to show there is no measurable
differential performance in matching based on demographic factors. CBP
continually monitors algorithm performance and technology enhancements
to ensure CBP is deploying the most accurate and effective algorithm.
CBP continues to partner with the National Institute of Standards and
Technology (NIST) and use NIST research to ensure continued optimal
performance.\12\ CBP will continue its review of matches and no-matches
to determine the reason for such a match, including whether the match
was based on a demographic factor (age, gender, citizenship). CBP will
continue to work both internally and with partners to identify and
remediate disparate impacts and other forms of bias and discrimination,
if any.\13\
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\12\ In July 2021, NIST published its Face Recognition Vendor
Test (FRVT) Part 7: Identification for Paperless Travel and
Immigration, available at: <a href="https://nvlpubs.nist.gov/nistpubs/ir/2021/NIST.IR.8381.pdf">https://nvlpubs.nist.gov/nistpubs/ir/2021/NIST.IR.8381.pdf</a>. The report demonstrates that the current
biometric facial recognition technology passes the threshold for use
in CBP's Biometric Exit Program, based on computer-focused
simulations. In December 2019, NIST published the FRVT Part 3:
Demographic Effects, available at: <a href="https://nvlpubs.nist.gov/nistpubs/ir/2021/NIST.IR.8381.pdf">https://nvlpubs.nist.gov/nistpubs/ir/2021/NIST.IR.8381.pdf</a>. As the report demonstrates, NEC-
3, which CBP uses, is among the algorithms with an undetectable
false positive differential. NIST also noted, ``NEC-3, is on many
measures the most accurate we have evaluated,'' see page 8 of the
report.
\13\ Information regarding biometric matching performance can be
found on CBP's website at <a href="https://biometrics.cbp.gov/privacy">https://biometrics.cbp.gov/privacy</a> which
includes a link to CBP's Privacy Evaluation Report as well as the
TVS Privacy Impact Assessment (PIA). The PIA is also available at
<a href="http://www.dhs.gov/privacy-documents-us-customs-and-border-protection">http://www.dhs.gov/privacy-documents-us-customs-and-border-protection</a>.
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H. Misconduct Under the Test

If a carrier participating in the test fails to abide by the rules,
procedures, or terms and conditions of this test, fails to exercise
reasonable care in the execution of participant obligations, or
otherwise fails to comply with all applicable laws and regulations, the
participant may be suspended from participation in this test and/or
subjected to penalties, liquidated damages, and/or other administrative
or judicial sanction under APIS regulations.
If CBP determines that a suspension is warranted, CBP will notify
the participant of this decision, the facts or conduct warranting
suspension, and the date when the suspension will be effective. This
decision may be appealed in writing to the Executive Assistant
Commissioner, Office of Field Operations, within 15 days of
notification. The appeal should address the facts or conduct charges
contained in the notice and state how the participant has or will
achieve compliance. CBP will notify the participant within 30 days of
receipt of an appeal whether the appeal is granted. If the appeal is
granted and the participant has already been suspended, CBP will notify
the participant when its participation in the test will be reinstated.

I. Privacy

CBP will continue to ensure that all Privacy Act requirements and
applicable DHS privacy policies are adhered to during this test.\14\
Pursuant to these requirements, CBP will delete photos of U.S. citizens
immediately upon confirmation of U.S. citizenship.\15\ CBP will retain
photos of all aliens and no-matches for up to 14 days in the Automated
Targeting System (ATS). DHS may retain the facial images of in-scope
\16\ aliens for up to 75 years in DHS's Automated Biometric
Identification System (IDENT) system, and any successor system.
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\14\ See 5 U.S.C. 552a and <a href="https://www.dhs.gov/privacy-policy-guidance">https://www.dhs.gov/privacy-policy-guidance</a>.
\15\ Photos of U.S. citizens are destroyed immediately upon
confirmation of U.S. citizenship, but no later than 12 hours only
under specific circumstances. If there is a system or network issue,
photos will reside in an inaccessible queue for up to 12 hours and
will be processed once the system and/or network connectivity is re-
established and proper dispositioning (confirmation of U.S.
citizenship) can occur. Further information about the retention of
facial images is provided in the TVS Privacy Impact Assessment
(PIA). The TVS PIA is available at <a href="http://www.dhs.gov/privacy-documents-us-customs-and-border-protection">http://www.dhs.gov/privacy-documents-us-customs-and-border-protection</a>.
\16\ An ``in-scope'' alien is any person who is required by law
to provide biometrics upon entry or exit from the United States
pursuant to 8 CFR 215.8(a) and 235.1(f).
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CBP has issued a Privacy Impact Assessment (PIA) for TVS, which
outlines how CBP ensures compliance with Privacy Act protections and
DHS privacy policies, including DHS's Fair Information Practice
Principles (FIPPs). The FIPPs account for the nature and purpose of the
information being collected in relation to DHS's mission to preserve,
protect, and secure the United States. The PIA addresses issues such as
the security, integrity, and sharing of data, use limitations, and
transparency. The PIA is publicly available at: <a href="http://www.dhs.gov/privacy-documents-us-customs-and-border-protection">http://www.dhs.gov/privacy-documents-us-customs-and-border-protection</a>.
CBP has also issued the DHS/CBP-005 APIS System of Records Notice
(SORN), the APIS PIA, the DHS/CBP-007 Border Crossing Information (BCI)
SORN, and the DHS/CBP-006 Automated Targeting System (ATS) SORN. These
documents encompass all data collected for APIS compliance, as well as
data collected to create border crossing records for individuals. CBP
will create new documents or update these documents as needed to
reflect the use of biometric data for the purposes of this test and
will make these documents available at: <a href="https://www.dhs.gov/compliance">https://www.dhs.gov/compliance</a>.

J. Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.)
requires that CBP consider the impact of paperwork and other
information collection burdens imposed on the public. An

[[Page 11179]]

agency may not conduct, and a person is not required to respond to, a
collection of information unless the collection of information displays
a valid control number assigned by the Office of Management and Budget
(OMB). This information collection is covered by OMB control numbers
1651-0138 Biometric Identity and 1651-0088 Passenger and Crew Manifest.

Dated: February 21, 2025.
Diane J. Sabatino,
Acting Executive Assistant Commissioner, Office of Field Operations,
U.S. Customs and Border Protection.
[FR Doc. 2025-03438 Filed 3-3-25; 8:45 am]
BILLING CODE 9111-14-P

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