[Federal Register Volume 87, Number 36 (Wednesday, February 23, 2022)]
[Notices]
[Pages 10223-10224]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03814]



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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 www.reginfo.gov/public/do/PRAMain. 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 
[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/.

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

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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 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:
    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]
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