[Federal Register Volume 86, Number 220 (Thursday, November 18, 2021)]
[Notices]
[Pages 64508-64509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[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: [email protected].
    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 
[email protected]. 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 https://www.cbp.gov/ 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 https://esta.cbp.dhs.gov, but with Near Field 
Communication (NFC).
    The NFC:
     Allows users to scan the passport e-Chip (embedded in the 
passport) to extract passenger data.
     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.
     Data on the e-Chip enables the NFC Scan.
     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:
     The applicant takes a selfie or ``live'' photo (another 
person may also take a photo of the applicant).
     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.
     If the passport photo does not match the ``liveness'' 
photo, a ``Third Party Acknowledgement'' screen will display, which 
requires confirmation.
     The applicant proceeds by completing the data fields the 
same as with the established ESTA application.
     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]
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