Notice2021-25147
Arrival and Departure Record, Nonimmigrant Visa Waiver Arrival/Departure, Electronic System for Travel Authorization (ESTA)
Primary source
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Published
November 18, 2021
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Full Text
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<title>Federal Register, Volume 86 Issue 220 (Thursday, November 18, 2021)</title>
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[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64508-64509]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25147]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[1651-0111]
Arrival and Departure Record, Nonimmigrant Visa Waiver Arrival/
Departure, Electronic System for Travel Authorization (ESTA)
AGENCY: U.S. Customs and Border Protection (CBP), Department of
Homeland Security.
ACTION: 60-Day notice and request for comments; revision of an existing
collection of information.
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SUMMARY: The Department of Homeland Security, U.S. Customs and Border
Protection will be submitting the following information collection
request to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act of 1995 (PRA).
The information collection is published in the Federal Register to
obtain comments from the public and affected agencies.
DATES: Comments are encouraged and must be submitted (no later than
January 18, 2022) to be assured of consideration.
ADDRESSES: Written comments and/or suggestions regarding the item(s)
contained in this notice must include the OMB Control Number 1651-0111
in the subject line and the agency name. Please use the following
method to submit comments:
Email: Submit comments to: <a href="/cdn-cgi/l/email-protection#cf8c8d9f909f9d8e8facadbfe1aba7bce1a8a0b9"><span class="__cf_email__" data-cfemail="1d5e5f4d424d4f5c5d7e7f6d3379756e337a726b">[email protected]</span></a>.
Due to COVID-19-related restrictions, CBP has temporarily suspended
its ability to receive public comments by mail.
FOR FURTHER INFORMATION CONTACT: Requests for additional PRA
information should be directed to Seth Renkema, Chief, Economic Impact
Analysis Branch, U.S. Customs and Border Protection, Office of Trade,
Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC
20229-1177, Telephone number 202-325-0056 or via email
<a href="/cdn-cgi/l/email-protection#387b7a6867686a79785b5a48165c504b165f574e"><span class="__cf_email__" data-cfemail="7f3c3d2f202f2d3e3f1c1d0f511b170c51181009">[email protected]</span></a>. Please note that the contact information provided
here is solely for questions regarding this notice. Individuals seeking
information about other CBP programs should contact the CBP National
Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP
website at <a href="https://www.cbp.gov/">https://www.cbp.gov/</a> gov/.
SUPPLEMENTARY INFORMATION: CBP invites the general public and other
Federal agencies to comment on the proposed and/or continuing
information collections pursuant to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). This process is conducted in accordance with
5 CFR 1320.8. Written comments and suggestions from the public and
affected agencies should address one or more of the following four
points: (1) Whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility; (2) the accuracy
of the agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (3) suggestions to enhance the quality, utility, and clarity of
the information to be collected; and (4) suggestions to minimize the
burden of the collection of information on those who are to respond,
including through the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses. The comments that are submitted will be summarized and
included in the request for approval. All comments will become a matter
of public record.
Overview of This Information Collection
Title: Arrival and Departure Record, Nonimmigrant Visa Waiver
Arrival/Departure, Electronic System for Travel Authorization (ESTA).
OMB Number: 1651-0111.
Form Number: CBP Forms I-94 and I-94W.
Current Actions: Revision of an existing information collection.
Type of Review: Revision.
Affected Public: Individuals.
Abstract: Forms I-94 (Arrival/Departure Record) and I-94W
(Nonimmigrant Visa Waiver Arrival/Departure Record) are used to
document a traveler's admission into the United States. These forms are
filled out by non-immigrants and are used to collect information on
citizenship, residency, passport, and contact information. The data
elements collected on these forms enable the Department of Homeland
Security (DHS) to perform its mission related to the screening of
noncitizen visitors for potential risks to national security and the
determination of admissibility to the United States.
The Electronic System for Travel Authorization (ESTA) applies to
non-immigrants seeking to travel to the United States under the Visa
Waiver Program (VWP) and requires that VWP travelers provide
information electronically to CBP before embarking on travel to the
United States without a visa. Travelers who are entering the United
States under the VWP in the air or sea environment, and who have a
travel authorization obtained through ESTA, are not required to
complete the paper Form I-94W. I-94 is provided for by 8 CFR 235.1(h),
ESTA is provided for by 8 CFR 217.5.
On December 18, 2015, the President signed into law the Visa Waiver
Program Improvement and Terrorist Travel Prevention Act of 2015 (``VWP
Improvement Act'') as part of the Consolidated Appropriations Act,
2016, Public Law 114-113, 129 Stat. 2242. To meet the requirements of
this new act, the Department of Homeland Security (DHS, or the
Department) strengthened the security of the VWP through enhancements
to the ESTA applications and to the Form I-94W, Form I-94 is not
affected by this change. Many of the provisions of the new law became
effective on the date of enactment of the VWP Improvement Act. The VWP
Improvement Act generally makes certain nationals of VWP countries
ineligible (with some exceptions) from traveling to the United States
under the VWP. To ensure compliance with the VWP Improvement Act, CBP
will continuously update the application question with the list of
nationals ineligible from traveling to the United States, as designated
in accordance with section 217(a)(12) of the Immigration and
Nationality Act, as amended (8 U.S.C. 1187(a)(12)).
Recent Changes
1. Mandatory Social Media Collection: On May 31, 2019, the
Department of State updated its immigrant and nonimmigrant visa
application forms to request additional information,
[[Page 64509]]
including social media identifiers, from most U.S. visa applicants
worldwide. In keeping with this change, CBP is amending the ESTA
application to change social media collection from optional to
mandatory. National security is CBP's top priority when adjudicating
ESTA applications, and every prospective traveler to the United States
undergoes extensive security screening. CBP is continually working to
find mechanisms to improve our screening processes to protect U.S.
citizens, while supporting legitimate travel to the United States. CBP
already requests certain contact information, travel history and family
member information from all ESTA applicants. Making social media a
mandatory field in the ESTA application will enhance our vetting
processes and assist in confirming applicants' identities. While the
completion of the field is mandatory, applicants can still select
``none''.
2. Biometric Information Collection: CBP will begin collecting
biometric data for identity confirmation on ESTA applications. ESTA
applicants will be prompted to take a selfie or ``live'' photo to
conduct a ``liveness'' test to determine if the ESTA application is
interfacing with a physically present human being and not an inanimate
object, or if it is a photo of someone other than the lawful passport
holder. Respondents will be able to scan their passport biographic
page, in order to submit biographic information, including passport
photograph.
3. ESTA Mobile Application (App): CBP will implement the ESTA
Mobile Application to provide an additional and more convenient option
for intending VWP travelers to obtain an ESTA. The Mobile App will
collect biometric data for confirmation of identity. This is another
enhancement that will assist in preventing persons intending to travel
to the United States under the VWP by fraud.
This new function will be accessible via mobile devices, i.e.,
mobile phones, tablets. The portability of mobile devices will
facilitate applying for an ESTA application, because an ESTA applicant
will not be limited to applying on a desktop computer. The first phase
will enable Android devices to use the ESTA App, and the second phase
will follow with iOS. No implementation date has been set for iOS
implementation.
The Mobile App will be very similar to the already established ESTA
application website at <a href="https://esta.cbp.dhs.gov">https://esta.cbp.dhs.gov</a>, but with Near Field
Communication (NFC).
The NFC:
<bullet> Allows users to scan the passport e-Chip (embedded in the
passport) to extract passenger data.
<bullet> A Mobile Device with NFC capability is required to scan
the Passport e-Chip when applying for a new application using the ESTA
Mobile App.
<bullet> Data on the e-Chip enables the NFC Scan.
<bullet> If the mobile device does not have NFC capability, the
user can submit an ESTA application via the established website.
After determining if the mobile device has NFC capability:
<bullet> The applicant takes a selfie or ``live'' photo (another
person may also take a photo of the applicant).
<bullet> The Mobile App will do a ``liveness'' test to determine
that it is interfacing with a physically present human being and not an
inanimate object, or if it is a photo of someone other than the lawful
passport holder.
<bullet> If the passport photo does not match the ``liveness''
photo, a ``Third Party Acknowledgement'' screen will display, which
requires confirmation.
<bullet> The applicant proceeds by completing the data fields the
same as with the established ESTA application.
<bullet> When the applicant completes the application, he/she can
review his/her responses.
The payment process will be the same as the established ESTA
application, and the cost of each ESTA application will continue to be
14 USD, except in the case of a denial, the fee is 4 USD.
Type of Information Collection: I-94.
Estimated Number of Respondents: 4,387,550.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 4,387,550.
Estimated Time per Response: 0.133 hours.
Estimated Total Annual Burden Hours: 583,544.
Type of Information Collection: I-94 Website.
Estimated Number of Respondents: 3,858,782.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 3,858,782.
Estimated Time per Response: 0.066 hours.
Estimated Total Annual Burden Hours: 254,679.
Type of Information Collection: I-94W.
Estimated Number of Respondents: 941,291.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 941,291.
Estimated Time per Response: 0.2667 hours.
Estimated Total Annual Burden Hours: 251,042.
Type of Information Collection: ESTA Website Application.
Estimated Number of Respondents: 15,000,000.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 15,000,000.
Estimated Time per Response: 0.3833 hours.
Estimated Total Annual Burden Hours: 5,941,150.
Type of Information Collection: ESTA Mobile Application (App).
Estimated Number of Respondents: 500,000.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 500,000.
Estimated Time per Response: 0.2142 hours.
Estimated Total Annual Burden Hours: 1,071,429.
Dated: November 15, 2021.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border
Protection.
[FR Doc. 2021-25147 Filed 11-17-21; 8:45 am]
BILLING CODE P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.