Notice2022-03814
Arrival and Departure Record, Nonimmigrant Visa Waiver Arrival/Departure, Electronic System for Travel Authorization (ESTA)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 23, 2022
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 87 Issue 36 (Wednesday, February 23, 2022)</title>
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[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10223-10224]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03814]
[[Page 10223]]
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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: 30-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
March 25, 2022) to be assured of consideration.
ADDRESSES: Written comments and/or suggestions regarding the item(s)
contained in this notice should be sent within 30 days of publication
of this notice to <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
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#d89b9a8887888a9998bbbaa8f6bcb0abf6bfb7ae"><span class="__cf_email__" data-cfemail="46050416191614070625243668222e3568212930">[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>.
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 proposed information collection was
previously published in the Federal Register (86 FR 64508) on November
18, 2021, allowing for a 60-day comment period. This notice allows for
an additional 30 days for public comments. 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, DHS 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 to travel to the United States
under the VWP, 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. Complete biographic page, passport photograph and MRZ:
Currently, the ESTA website allows applicants to upload their passport
page to capture the passport's machine-readable zone (MRZ), which
automatically populates the individual's biographic information,
eliminating the need to manually enter the information into the ESTA
application. Applicants were able to voluntarily submit a photo with
their ESTA application, CBP will now require applicants to upload a
picture of their complete biographic passport page, including the MRZ
and passport photograph. The addition of passport photos will increase
CBP's capability to confirm an applicant's identity and compare the
photo against CBP and other government holdings to locate any
derogatory information. Photos collected as part of the ESTA
applications may also be used to match travels through the biometric
entry/exit process. CBP is amending the ESTA application to require the
uploading of
[[Page 10224]]
the complete biographic page to include the photograph and the MRZ.
2. Mandatory Social Media Collection: On May 31, 2019, the
Department of State updated its immigrant and nonimmigrant visa
application forms to request additional information, 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''.
3. 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.
4. 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:
1. The applicant takes a selfie or ``live'' photo (another person
may also take a photo of the applicant).
2. 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.
3. If the passport photo does not match the ``liveness'' photo, a
``Third Party Acknowledgement'' screen will display, which requires
confirmation.
4. The applicant proceeds by completing the data fields the same as
with the established ESTA application.
5. 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: 8 minutes.
Estimated Total Annual Burden Hours: 585,007.
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: 4 minutes.
Estimated Total Annual Burden Hours: 257,252.
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: 16 minutes.
Estimated Total Annual Burden Hours: 251,011.
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: 23 minutes.
Estimated Total Annual Burden Hours: 5,750,000.
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: 28 minutes.
Estimated Total Annual Burden Hours: 233,333.
Dated: February 17, 2022.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border
Protection.
[FR Doc. 2022-03814 Filed 2-22-22; 8:45 am]
BILLING CODE P
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</html>Indexed from Federal Register on February 23, 2022.
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.