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32 Alien Fingerprint Rules riers. One all-cargo manager said that his company's crew- for Outbound Planes and Ships members move all over the company's network and mix with other flight crews continually, so the company could not Policy Description avoid the rule's requirements by limiting alien crewmembers Under the current U.S. Visitor and Immigrant Status In- to domestic routes. dicator Technology (US-VISIT) Program, the U.S. govern- In formal comments, the Chamber of Shipping of Amer- ment collects biometric data (digital finger scans and ica (CSA), which represents maritime carriers, said that, if the photographs) from aliens seeking to enter the country. The rule applied to its members, they would have to install bio- Federal government then checks that information against metric collection equipment on their vessels to take finger- its databases to identify suspected terrorists, known crimi- prints of their crews. This approach would be the only work- nals, or individuals who have previously violated U.S. im- able one, because the carriers generally do not own or operate migration laws. Currently, however, there is no system to the facilities at which they berth. CSA said that, because vessel help the Federal government determine whether or not an crews typically number less than 30, installing such equipment alien has overstayed the terms of his or her visa or other would be "cost-prohibitive." terms of admission. Following the 9/11 terrorist attacks, the National Commis- Unexpected Impacts sion on Terrorist Attacks upon the U.S. (the 9/11 Commis- sion) observed that several of the 9/11 hijackers could have If this policy were implemented as proposed, with the re- been denied admission to the United States based on previ- quirements extending to all crewmembers on air cargo planes ous violations of immigration laws, including having previ- and marine freight vessels, then it could result in impacts on ously overstayed their terms of admission. In response, the the freight industry that were not expected by the policymak- Implementing Recommendations of the 9/11 Commission ers. This is because the primary focus has been on aliens trav- Act of 2007 required that an exit system be implemented to eling via passenger airlines and cruise lines. The RIA for the complement the existing entry system. In April 2008, DHS rule refers repeatedly to "passenger carriers" and does not ex- proposed a rule to create the exit system. The rule would re- plicitly identify freight carriers as part of the regulated popula- quire aliens leaving the United States from an air or sea port tion. For example, the RIA assumes that the rule would apply to provide biometric information if they were required to do to only 9 sea carriers and 33 seaports, totals that clearly do not so when entering the country. capture the operations of cargo vessels at U.S. ports.21 It is rea- sonable to believe that those drafting the rule may not have considered cargo carriage or the rule's impact on it. Policy Impacts Freight carriers were not sure that the rule would apply to Federal Emission Standards their crews or other workers traveling, but they submitted for Diesel Engines comments to the docket asserting that complying with the rule would be very costly. Their overriding concern with the Policy Description rule, one that was shared by passenger carriers, was that it Diesel engines are a major source of air pollution, including would require the carriers themselves to collect the biometric ground-level ozone (smog) and particulate matter (PM). Many information and submit it to DHS. They said that it would be areas of the country do not comply with Federal ambient air more appropriate for the Federal government itself to collect quality standards for these pollutants. In order to reduce the the data. public health impacts of air pollution, EPA has adopted increas- Specifically regarding the rule's potential impacts on the ingly stringent emission standards for new heavy-duty trucks, freight industry, the Cargo Airline Association (CAA) said locomotives, and marine vessels. The standards have taken ef- that crews and workers traveling on all-cargo aircraft do not fect in phases. Truck standards have generally preceded loco- necessarily access the aircraft through a central location, so motive and marine standards by 5 to 10 years in terms of level collecting fingerprints from them would be more difficult of emission control. To meet the standards, manufacturers have and more costly than for passenger carriers. For example, used, or will use, several new technologies, including exhaust CAA said that there is no obvious place (e.g., a passenger gas recirculation (EGR), diesel particulate filters (DPF), and ticket counter) in the all-cargo environment to collect the re- selective catalytic reduction (SCR). quired biometric data. Furthermore, CAA said that, because the number of affected aliens in the all-cargo environment would be relatively small, the cost to carriers per individual 21 DHS, Air/Sea Biometric Exit Project: Regulatory Impact Analysis, DHS-2008- fingerprinted would be much greater than for passenger car- 0039-0002, April 17, 2008, p. 45.