[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Rules and Regulations]
[Pages 3299-3331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00645]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / 
Rules and Regulations  

[[Page 3299]]



DEPARTMENT OF HOMELAND SECURITY

8 CFR Parts 212, 214, and 233

[Docket No. USCBP-2023-0020; CBP Dec. 23-07]
RIN 1651-AB37


Guam-Commonwealth of the Northern Mariana Islands (CNMI) Visa 
Waiver Program Automation and Electronic Travel Authorization; Creation 
of CNMI Economic Vitality & Security Travel Authorization Program (EVS-
TAP)

AGENCY: U.S. Customs and Border Protection, DHS.

ACTION: Interim final rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: This rule amends the Department of Homeland Security 
regulations to require persons intending to travel to Guam or the 
Commonwealth of the Northern Mariana Islands (CNMI) under the Guam-CNMI 
Visa Waiver Program (G-CNMI VWP) to submit Form I-736 electronically in 
advance of travel and receive an electronic travel authorization prior 
to embarking on a carrier for travel to Guam or the CNMI. Under the 
current G-CNMI VWP regulations, a paper U.S. Customs and Border 
Protection (CBP) Form I-736 is presented to CBP upon arrival. This rule 
also establishes the CNMI Economic Vitality & Security Travel 
Authorization Program (EVS-TAP) as a restricted sub-program of the G-
CNMI VWP. This program is being established based on recommendations 
made pursuant to consultations between the United States and the CNMI 
under Section 902 of the Covenant to Establish the Commonwealth of the 
Northern Mariana Islands in Political Union with the United States of 
America. Once implemented, the CNMI EVS-TAP will allow prescreened 
nationals of the People's Republic of China to travel to the CNMI 
without a visa under specified conditions.

DATES: 
    Effective date: This interim final rule is effective September 30, 
2024.
    Comment date: Comments must be received by March 18, 2024.
    Implementation date: CNMI EVS-TAP will be implemented 45 days after 
publication of a subsequent notification in the Federal Register.

ADDRESSES: Please submit any comments, identified by docket number 
[USCBP-2023-0020], by the following method:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided.
    Docket: For access to the docket to read background documents or 
comments received, go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Neyda Yejo, Office of Field 
Operations, U.S. Customs and Border Protection, (202) 344-2373, or via 
email at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Public Participation
II. Background
    A. Legal Authority
    B. Guam-Commonwealth of the Northern Mariana Islands Visa Waiver 
Program (G-CNMI VWP)
    1. Current Paper CBP Form I-736 Process
    2. Need To Automate the G-CNMI VWP
    C. Treatment of Travelers From the People's Republic of China 
(PRC) to the CNMI
    1. Exclusion of PRC From the G-CNMI VWP
    2. Parole
    3. Review of U.S. Parole Policies
    4. 902 Consultations
    a. The Covenant and 902 Consultation Process
    b. Recommendations
    c. Implementation of 902 Consultation Recommendations
III. Overview of Regulatory Changes
IV. G-CNMI VWP Automation and Electronic Travel Authorization
    A. Electronic Travel Authorization
    1. Electronic Travel Authorization Requirement and Transition 
Period
    2. Obtaining Travel Authorization
    3. Timeline for Submitting Travel Authorization Data
    4. Required Travel Authorization Data Elements
    5. Scope of G-CNMI VWP Electronic Travel Authorization
    6. Duration
    7. Events Requiring New Travel Authorization
    8. Fee
    B. Conforming Amendments
    C. Technical Corrections
V. Commonwealth of the Northern Mariana Islands Economic Vitality & 
Security Travel Authorization Program (CNMI EVS-TAP)
    A. CNMI EVS-TAP
    1. Description
    2. Eligibility
    3. Suspension or Discontinuation of Program
    4. Ineligibility Due to Admission Under the CNMI EVS-TAP
    5. Requirements for Transportation Lines
    6. Bonding
    7. Maintenance of Status--Satisfactory Departure
    8. Inadmissibility and Deportability
    9. Electronic Travel Authorization
    a. Electronic Travel Authorization Requirement, Transition 
Period, and Impact on Parole
    b. Obtaining Travel Authorization
    c. Timeline for Submitting Travel Authorization Data
    d. Required Travel Authorization Data Elements
    e. Scope of CNMI EVS-TAP Electronic Travel Authorization
    f. Duration
    g. Events Requiring New Travel Authorization
    h. Fee
    10. Severability
    11. Implementation Date
    B. Conforming Amendments and Revision of CBP Form I-760
VI. Statutory and Regulatory Reviews
    A. Administrative Procedure Act
    B. Executive Orders 12866 and 13563
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Privacy
    F. Paperwork Reduction Act

I. Public Participation

    Interested persons are invited to participate in this rulemaking by 
submitting written data, views, or arguments on all aspects of this 
interim final rule. The Department of Homeland Security (DHS) and CBP 
also invite comments that relate to the economic, environmental, or 
federalism effects that might result from this interim final rule. 
Comments that will provide the most assistance to CBP will reference a 
specific portion of the interim final rule, explain the reason for any 
recommended change, and include data,

[[Page 3300]]

information, or authority that supports the recommended change.

II. Background

A. Legal Authority

    The Secretary of Homeland Security (Secretary) has broad authority 
to administer and enforce the immigration and naturalization laws of 
the United States. See section 103(a)(1) of the Immigration and 
Nationality Act of 1952 (INA) (Pub. L. 82-414, 66 Stat. 163), as 
amended (8 U.S.C. 1103(a)(1)); see also 6 U.S.C. 202. The Secretary is 
authorized to establish such regulations as the Secretary deems 
necessary to carry out this authority under the immigration laws. See 
INA sec. 103(a)(3) (8 U.S.C. 1103(a)(3)). Section 214(a)(1) of the INA 
specifically authorizes the Secretary to prescribe regulations 
specifying the period of admission and any conditions for the admission 
of nonimmigrants to the United States (8 U.S.C. 1184(a)(1)).\1\
---------------------------------------------------------------------------

    \1\ See also sections 402, 1512, and 1517 of the Homeland 
Security Act of 2002 (Pub. L. 107-296, 116 Stat. 2142, 2187), as 
amended (6 U.S.C. 202, 552, and 557) (regarding transfer of 
authority to enforce immigration laws and prescribe regulations 
necessary to carry out that authority from the Attorney General to 
the Secretary).
---------------------------------------------------------------------------

    The Secretary has authorized the Commissioner of U.S. Customs and 
Border Protection (CBP) to enforce and administer the immigration laws 
relating to the inspection and admission of noncitizens \2\ seeking 
admission to the United States, including the authority to make 
admissibility determinations and set the duration, terms, and 
conditions of admission. See Delegation Order 7010.3, II.B.5 (Revision 
No. 03.1, Incorporating Change 1) (Nov. 25, 2019).
---------------------------------------------------------------------------

    \2\ For purposes of this document, CBP uses terms such as 
``traveler,'' ``individual,'' and ``noncitizen'' in place of the 
term ``alien.'' However, DHS regulations continue to use the term 
``alien,'' as defined by the INA. See INA sec. 101(a)(3) (8 U.S.C. 
1101(a)(3)).
---------------------------------------------------------------------------

B. Guam-Commonwealth of the Northern Mariana Islands Visa Waiver 
Program (G-CNMI VWP)

    On May 8, 2008, the Consolidated Natural Resources Act of 2008 
(CNRA), Public Law 110-229, 122 Stat. 754, became law. Section 702 of 
the CNRA extended, subject to a transition period, the immigration laws 
of the United States to the Commonwealth of the Northern Mariana 
Islands (CNMI) \3\ and provides for a visa waiver program for travel to 
Guam or the CNMI.\4\ Specifically, section 702(b)(3) of the CNRA amends 
the INA to provide for such visa waiver program, the G-CNMI VWP, and 
provides that all necessary regulations to implement the G-CNMI VWP 
shall be promulgated by the Secretary of Homeland Security, in 
consultation with the Secretary of the Interior and the Secretary of 
State.\5\ Section 702(b)(3) of the CNRA directs that at a minimum the 
regulations should include a listing of all countries whose nationals 
may participate in the G-CNMI VWP, except that such regulations shall 
provide for a listing of any country from which the CNMI has received a 
significant economic benefit from the number of visitors for pleasure 
within the one-year period preceding the date of enactment of the CNRA, 
unless the Secretary of Homeland Security determines that such 
country's inclusion on such list would represent a threat to the 
welfare, safety, or security of the United States or its 
territories.\6\ Section 702(b)(3) of the CNRA also provides that the 
promulgation of such regulations shall be considered a foreign affairs 
function for purposes of 5 U.S.C. 553(a), section 553(a) of the 
Administrative Procedure Act (APA), excepting such regulations from the 
rule making requirements, including notice and comment, detailed in 5 
U.S.C. 553.\7\ Section 702(b)(3) of the CNRA also provides for the 
addition of countries to the G-CNMI VWP, stating that the Governor of 
Guam and the Governor of the CNMI may request the Secretary of the 
Interior and the Secretary of Homeland Security to add a particular 
country to the list of countries whose nationals may obtain a visa 
waiver under the G-CNMI VWP, and the Secretary of Homeland Security may 
grant such request after consultation with the Secretary of the 
Interior and the Secretary of State, and may promulgate regulations 
with respect to the inclusion of that country and any special 
requirements the Secretary of Homeland Security, in the Secretary's 
sole discretion, may impose prior to allowing nationals of that country 
to obtain the visa waiver under the G-CNMI VWP.\8\
---------------------------------------------------------------------------

    \3\ Section 702(a) of the CNRA. See section 6 of the Joint 
Resolution entitled ``A Joint Resolution to approve the `Covenant To 
Establish a Commonwealth of the Northern Mariana Islands in 
Political Union with the United States of America', and for other 
purposes'', approved Mar. 24, 1976 (Pub. L. 94-241, 90 Stat. 263), 
as amended (48 U.S.C. 1806).
    \4\ Section 702(b) of the CNRA. See sections 212 and 214 of the 
INA (8 U.S.C. 1182 and 1184).
    \5\ INA sec. 212(l)(1), (3) (8 U.S.C. 1182(l)(1), (3)). Although 
section702 (b)(3) of the CNRA also provides that such regulations 
shall be promulgated on or before the 180th day after the date of 
enactment of the CNRA, DHS has interpreted this timeline to only 
apply to the initial implementing regulations and that it does not 
prevent DHS from promulgating amendments to the regulations under 
this section now.
    \6\ INA sec. 212(l)(3) (8 U.S.C. 1182(l)(3)).
    \7\ INA sec. 212(l)(3) (8 U.S.C. 1182(l)(3)).
    \8\ INA sec. 212(l)(6) (8 U.S.C. 1182(l)(6)).
---------------------------------------------------------------------------

    On January 16, 2009, DHS, through CBP, published an interim final 
rule (IFR) in the Federal Register (74 FR 2824) replacing the then-
existing Guam Visa Waiver Program with the G-CNMI VWP and setting forth 
the requirements for nonimmigrant visitors seeking admission into Guam 
or the CNMI under the G-CNMI VWP. As directed by section 702(b)(3) of 
the CNRA,\9\ DHS considered this rulemaking a foreign affairs function 
for purposes of section 553(a) of the APA and noted that consequently 
DHS was not ``required to provide prior public notice or an opportunity 
to comment.'' 74 FR at 2829. DHS ``nevertheless provid[ed] the 
opportunity for public comments'' prior to the implementation date of 
the G-CNMI VWP. 74 FR at 2824-5, 2829.
---------------------------------------------------------------------------

    \9\ INA sec. 212(l)(3) (8 U.S.C. 1182(l)(3)).
---------------------------------------------------------------------------

    The January 2009 IFR provided that, beginning June 1, 2009, DHS 
would begin the administration and enforcement of the G-CNMI VWP. 74 FR 
at 2824, 2829. This program allows certain nonimmigrant visitors to 
seek admission for business or pleasure and solely for entry into and 
stay on Guam or the CNMI without a visa for a period of authorized stay 
not to exceed 45 days. Travelers from the following countries and 
geographic areas are eligible to participate in the G-CNMI VWP: 
Australia, Brunei, Hong Kong Special Administrative Region (Hong Kong), 
Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, Republic of 
Korea, Singapore, Taiwan, and the United Kingdom. 8 CFR 
212.1(q)(2)(ii).
    On March 31, 2009, the Secretary of Homeland Security, after the 
necessary consultations, announced the delayed start of the transition 
period until November 28, 2009.\10\ On May 28, 2009, a technical 
amendment to the January 2009 IFR was published in the Federal Register 
(74 FR 25387), extending the implementation date of the G-CNMI VWP from 
June 1, 2009 to November 28, 2009. DHS noted that, as indicated in the 
January 2009 IFR, pursuant to section 702(b) of the CNRA, the 
implementation of the G-CNMI VWP is considered a foreign affairs 
function for purposes of section 553(a) of the APA, and that 
accordingly, this technical amendment to the IFR was statutorily

[[Page 3301]]

exempt from the requirements of the APA. 74 FR at 25387.
---------------------------------------------------------------------------

    \10\ Section 702(a) of the CNRA provides that the Secretary of 
Homeland Security, in consultation with the Secretary of the 
Interior, the Secretary of Labor, the Secretary of State, the 
Attorney General, and the Governor of the CNMI, may delay the 
transition program effective date for up to 180 days. 122 Stat. at 
855 (section 6(a)(3)(A) of Public Law 94-241, as amended (48 U.S.C. 
1806(a)(3)(A))).
---------------------------------------------------------------------------

    On March 23, 2011, another amendment to the January 2009 IFR was 
published as an interim final rule in the Federal Register (76 FR 
16231), clarifying that individuals holding British National (Overseas) 
(BN(O)) passports as a result of their connection to the Hong Kong 
Special Administrative Region (Hong Kong) are eligible for 
participation in the G-CNMI VWP. Again, DHS noted that like the January 
2009 IFR, this 2011 IFR was implementing the G-CNMI VWP and should be 
considered a foreign affairs function for purposes of section 553(a) of 
the APA pursuant to section 702(b) of the CNRA and exempt from the 
requirements of the APA. 76 FR at 16232. Also like the January 2009 
IFR, DHS nevertheless provided the opportunity for public comments. 76 
FR at 16232.
    Executive Order (E.O.) 13936, entitled ``The President's Executive 
Order on Hong Kong Normalization,'' was issued on July 14, 2020 (85 FR 
43413). The E.O. reports the President's determination of U.S. policy 
with respect to the treatment of Hong Kong under U.S. law, and the 
President's order, pursuant to section 202 of the United States-Hong 
Kong Policy Act of 1992 (HKPA), to suspend the application of section 
201(a) of the HKPA to U.S. laws enumerated in the E.O. Section 1 of the 
E.O. states that ``[i]t shall be the policy of the United States to 
suspend or eliminate different and preferential treatment for Hong Kong 
to the extent permitted by law and in the national security, foreign 
policy, and economic interest of the United States.'' \11\ Section 2 of 
the E.O. lists statutes targeted by the E.O. and section 2(b) 
explicitly refers to INA section 212(l) (8 U.S.C. 1182(l)), which is 
the statute that authorizes the G-CNMI VWP.\12\ Section 3(a) of the 
E.O. directs federal agencies to ``commence all appropriate actions to 
further the purposes of this order,'' including amending any 
regulations implementing the provisions specified earlier in section 2 
of the E.O., and, consistent with applicable law and executive orders, 
under the International Emergency Economic Powers Act (50 U.S.C. 1701 
et seq.), which provides different treatment for Hong Kong as compared 
to the PRC.\13\ The G-CNMI VWP regulations provide different treatment 
for Hong Kong as compared to the PRC, because under the regulations, 
travelers with a connection to Hong Kong may be eligible to participate 
in the G-CNMI VWP, while nationals of the PRC are not eligible. See 8 
CFR 212.1(q)(2)(ii). However, pursuant to section 1 of the E.O., the 
U.S. Government has determined that it is not in the foreign policy 
interest of the United States to eliminate Hong Kong from the G-CNMI 
VWP.
---------------------------------------------------------------------------

    \11\ 85 FR 43413, 43414.
    \12\ Id.
    \13\ Id.
---------------------------------------------------------------------------

1. Current Paper CBP Form I-736 Process
    The current process for the G-CNMI VWP is a paper-based process 
that requires travelers to fill out paper CBP Form I-736, present the 
form to a carrier of choice prior to departure and to CBP upon arrival, 
and then request admittance into Guam or the CNMI. See 8 CFR 
212.1(q)(1)(v).\14\ CBP Form I-736 collects biographic and other 
information specified by the Secretary that is necessary to determine 
the eligibility of the individual to travel to Guam or the CNMI under 
the G-CNMI VWP, and whether such travel poses a law enforcement or 
security risk. The information from the paper form is not available to 
CBP until a traveler arrives at the Port of Entry (POE). CBP uses the 
information collected on the paper CBP Form I-736 to determine the 
applicant's admissibility under the G-CNMI VWP. After entry, CBP 
collects the forms and then regularly mails batches to a third-party 
contractor for data entry into the G-CNMI database. The paper forms 
must be stored in a storage facility for nine years to adhere to CBP 
data retention policies.
---------------------------------------------------------------------------

    \14\ While the current regulatory language does not explicitly 
require a paper form, the paper-based process detailed here has been 
the practice since the G-CNMI VWP was implemented.
---------------------------------------------------------------------------

2. Need To Automate the G-CNMI VWP
    CBP's national security strategy follows a layered approach, 
including the pre-vetting of individuals prior to their travel. This 
allows the CBP officer to have all of the information from systems 
checks readily available as part of the officer's comprehensive 
admissibility determination. As described above, CBP currently relies 
on a paper-based process that occurs after the individual arrives in 
Guam or the CNMI. This means that the vetting of the traveler does not 
begin until the traveler presents the form on arrival. The absence of 
pre-arrival vetting due to the lack of automation and submission of a 
paper CBP Form I-736 limits CBP's ability to implement an essential 
part of its national security strategy to pre-vet individuals arriving 
in Guam and the CNMI. Implementation of an automated process, whereby 
CBP systems will be able to automatically cross-check information 
submitted electronically by travelers against law enforcement 
databases, will allow CBP to notify carriers whether passengers 
attempting to travel to Guam or the CNMI without a visa have completed 
the travel authorization process, and will serve to prevent travel from 
individuals who may pose a threat to national security or otherwise 
likely to be found inadmissible upon arrival.
    Automating the G-CNMI VWP paper-based processes will not only 
increase national security, but will also provide operational and 
programmatic benefits to travelers and CBP. For travelers, automating 
the Form I-736 will decrease their wait times upon arrival at the port 
of entry, which could lead to increased overall traveler satisfaction. 
For CBP, automating the Form I-736 will allow CBP officers to spend 
more time focusing on a traveler's purpose and intent, rather than 
forms processing, data entry, and hard copy storage. The transition to 
a paperless environment will save CBP time and money. Migrating from 
the paper CBP Form I-736 to the electronic Form I-736 likewise allows 
CBP to meet operational requirements such as, but not limited to, 
performing data capture, data retrieval, data sharing, and data 
security, because CBP will no longer need to rely on the transcription 
of paper forms. Lastly, an electronic format allows CBP to provide 
applicants with email assistance and online self-help.

C. Treatment of Travelers From the People's Republic of China (PRC) to 
the CNMI

1. Exclusion of PRC From the G-CNMI VWP
    The PRC is not among the countries whose nationals are currently 
eligible for participation in the G-CNMI VWP. Although DHS concluded in 
the January 2009 IFR that travel by Chinese nationals to the CNMI 
provides a ``significant economic benefit,'' as defined in the CNRA, a 
prerequisite for inclusion in the program, DHS also concluded that 
political and security concerns weighed against including nationals 
from the PRC in the G-CNMI VWP.\15\ For similar reasons, the Russian 
Federation (Russia) is also not among the countries whose nationals are 
currently eligible for participation in the G-CNMI VWP.\16\ DHS left 
open the possibility that nationals from the PRC and Russia could be 
included in the G-CNMI VWP at a later point if additional

[[Page 3302]]

security measures were introduced, such as electronic travel 
authorization to screen and approve potential visitors.\17\
---------------------------------------------------------------------------

    \15\ 74 FR at 2826-27.
    \16\ Id.
    \17\ 74 FR at 2827.
---------------------------------------------------------------------------

2. Parole
    Although not included in the G-CNMI VWP, in recognition of the 
economic significance of visitors from the PRC and Russia, on October 
21, 2009, former Secretary of Homeland Security Janet Napolitano 
announced that, effective November 28, 2009, DHS would favorably 
consider, on a case-by-case basis, requests for discretionary parole 
into the CNMI from eligible nationals of the PRC or Russia who are 
temporary visitors for business or pleasure, pursuant to INA section 
212(d)(5) (8 U.S.C. 1182(d)(5)).\18\ Effective January 15, 2012, this 
policy was extended to Russian visitors to Guam.\19\
---------------------------------------------------------------------------

    \18\ DHS Notification to Congress, Oct. 21, 2009; see CBP 
Carrier Liaison Program, Important Update in Entry Requirements 
Parole for Citizens of the Russian Federation and the People's 
Republic of China for the CNMI Only, 2009 CLP Bulletin (Nov. 16, 
2009), available at https://www.justice.gov/sites/default/files/eoir/legacy/2014/08/15/CNMI%20CLP%20Bulletin.pdf (last visited July 
20, 2023); see also DHS, Significant Economic Benefit, Guam-CNMI 
Visa Waiver Program, https://www.dhs.gov/guam-cnmi-visa-waiver-program (last visited July 20, 2023).
    \19\ See CBP Carrier Liaison Program, Important Update in U.S. 
Entry Requirements Parole of Citizens of Russia into Guam, 2011 CLP 
Bulletin (Dec. 19, 2011); see also National Media Release, CBP, 
Russian Citizens Now Eligible to Travel to Guam Visa-Free (Jan. 26, 
2012), https://www.cbp.gov/newsroom/national-media-release/russian-citizens-now-eligible-travel-guam-visa-free (last visited July 20, 
2023).
---------------------------------------------------------------------------

    Although parole is an authorized entry into the United States, it 
is not an admission to the United States. INA secs. 101(a)(13)(B), 
212(d)(5)(A) (8 U.S.C. 1101(a)(13)(B), 1182(d)(5)(A)). Parole may be 
granted to a noncitizen, regardless of the noncitizen's 
inadmissibility, as a matter of discretion ``on a case-by-case basis 
for urgent humanitarian reasons or significant public benefit.'' INA 
sec. 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)).
    Under the 2009 and 2012 discretionary parole policies, nationals of 
Russia were allowed to enter Guam and the CNMI and to travel between 
Guam and the CNMI, and nationals of the PRC were allowed to enter the 
CNMI for a period of stay up to 45 days, provided the traveler met 
certain conditions developed by CBP, in close coordination with 
DHS.\20\ Pursuant to these policies, nationals of Russia and the PRC 
seeking entry without a visa: (1) must possess a valid, unexpired 
machine readable passport; (2) must not have previously violated the 
terms of any prior travel to the United States; and (3) must present a 
valid completed CBP Form I-94, Arrival/Departure Record, and CBP Form 
I-736, Guam-CNMI Visa Waiver Information.\21\ Also pursuant to these 
policies, visitors paroled under this authority could not engage in 
local employment or labor for hire and this parole authorization did 
not permit travel to another location within the United States.\22\ 
This meant that nationals of Russia may travel to Guam and the CNMI 
only and nationals of the PRC may travel to the CNMI only.
---------------------------------------------------------------------------

    \20\ See CBP Carrier Liaison Program, Important Update in Entry 
Requirements Parole for Citizens of the Russian Federation and the 
People's Republic of China for the CNMI Only, 2009 CLP Bulletin 
(Nov. 16, 2009), available at https://www.justice.gov/sites/default/files/eoir/legacy/2014/08/15/CNMI%20CLP%20Bulletin.pdf (last visited 
July 20, 2023); CBP Carrier Liaison Program, Important Update in 
U.S. Entry Requirements Parole of Citizens of Russia into Guam, 2011 
CLP Bulletin (Dec. 19, 2011); CBP, Carrier Information Guide 10 
(2019), available at https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019%20Carrier%20Information%20Guide%20-%20ENGLISH.pdf (last visited July 20, 2023). See also DHS, 
Significant Economic Benefit, Guam-CNMI Visa Waiver Program, https://www.dhs.gov/guam-cnmi-visa-waiver-program (last visited July 20, 
2023) (detailing requirements for noncitizens to be eligible for the 
parole provision); National Media Release, CBP, Russian Citizens Now 
Eligible to Travel to Guam Visa-Free (Jan. 26, 2012), https://www.cbp.gov/newsroom/national-media-release/russian-citizens-now-eligible-travel-guam-visa-free (last visited July 20, 2023).
    \21\ Id.
    \22\ Id.
---------------------------------------------------------------------------

3. Review of U.S. Parole Policies
    On January 25, 2017, former President Trump signed E.O. 13767, 
Border Security and Immigration Enforcement Improvements, 82 FR 8793 
(Jan. 30, 2017),\23\ which has since been revoked.\24\ E.O. 13767 
directed the Secretary of Homeland Security to ``take appropriate 
action to ensure that parole authority under section 212(d)(5) of the 
INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in 
accordance with the plain language of the statute, and in all 
circumstances only when an individual demonstrates urgent humanitarian 
reasons or a significant public benefit derived from such parole.''
---------------------------------------------------------------------------

    \23\ Available at https://trumpwhitehouse.archives.gov/presidential-actions/executive-order-border-security-immigration-enforcement-improvements/ (last visited July 20, 2023).
    \24\ President Biden revoked E.O. 13767 on February 2, 2021, 
signing E.O. 14010, Creating a Comprehensive Regional Framework To 
Address the Causes of Migration, To Manage Migration Throughout 
North and Central America, and To Provide Safe and Orderly 
Processing of Asylum Seekers at the United States Border, 86 FR 8267 
(Feb. 5, 2021), available at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-creating-a-comprehensive-regional-framework-to-address-the-causes-of-migration-to-manage-migration-throughout-north-and-central-america-and-to-provide-safe-and-orderly-processing/ (last visited July 20, 2023).
---------------------------------------------------------------------------

    In compliance with E.O. 13767, and prior to its revocation by E.O. 
14010, DHS reviewed a broad spectrum of existing parole policies, 
including the parole policies applicable to Guam and the CNMI. The CNMI 
requested a 902 Consultation detailed in Section II.C.4. below to 
address the impact of this review on the CNMI. Subsequently, on 
September 3, 2019, DHS published a notice in the Federal Register 
announcing that as of October 3, 2019, DHS was rescinding its policy 
relating to the exercise of its discretionary parole authority for 
certain nationals of Russia and no longer giving favorable 
consideration to parole requests simply because the individual was a 
national of Russia who was seeking entry into Guam or the CNMI solely 
for a temporary visit for business or pleasure. 84 FR 46029, 46030. 
However, as noted in the Federal Register notice, affected individuals 
could still apply for parole pursuant to INA section 212(d)(5) (8 
U.S.C. 1182(d)(5)) by filing USCIS Form I-131 Application for Travel 
Document, consistent with the instructions for that form. 84 FR at 
46031. The September 2019 Federal Register notice did not impact DHS 
policy relating to the exercise of discretionary parole authority for 
certain PRC nationals. However, as discussed in Section II.C.4 below, 
on October 2, 2019, CBP announced that beginning October 3, 2019, PRC 
nationals traveling to the CNMI for the purpose of a temporary visit 
for business or pleasure without a visa would be limited to a period of 
parole not to exceed 14 days.\25\ All other conditions for PRC 
nationals traveling to the CNMI under the 2009 parole policy described 
in Section II.C.2 above continue to apply.
---------------------------------------------------------------------------

    \25\ See CBP, Carrier Liaison Program, Limit of Parole of 
Nationals of the PRC into the CNMI (Oct. 2, 2019), CBP Publication 
Number 0966-1019, available at https://www.cbp.gov/sites/default/files/assets/documents/2019-Nov/20191002%20PRC%20CNMI%20Parole%20Program.pdf (last visited July 20, 
2023).
---------------------------------------------------------------------------

4. 902 Consultations
a. The Covenant and 902 Consultation Process
    The Covenant to Establish the Commonwealth of the Northern Mariana 
Islands in Political Union with the United States of America (Covenant) 
governs relations between the United States and the CNMI. See Public 
Law 94-241, 90 Stat. 263; 48 U.S.C. 1801 and note. Section 902 of the 
Covenant provides that the Federal Government of the United States and 
the Government

[[Page 3303]]

of the Northern Mariana Islands ``will designate special 
representatives to meet and consider in good faith such issues 
affecting the relationship between the Northern Mariana Islands and the 
United States as may be designated by either Government and to make a 
report and recommendations with respect thereto.'' Public Law 94-241, 
90 Stat. 263, 276; 48 U.S.C. 1801 note. These intermittent discussions 
between the United States Federal Government and the CNMI have become 
known as 902 Consultations.
    By letter dated October 19, 2018, CNMI Governor Ralph DLG Torres 
requested that former President Trump initiate the 902 Consultation 
process regarding discretionary parole policies of DHS.\26\ This letter 
identified the primary issue as the impact of a possible revocation of 
the existing parole policy for PRC nationals would have on the CNMI's 
access to the Chinese tourist market and how it would imperil the 
CNMI's economic survival.\27\ On February 26, 2019, former President 
Trump designated Douglas W. Domenech, U.S. Department of the Interior 
Assistant Secretary Insular and International Affairs, as the Special 
Representative for the United States Federal Government for this 902 
Consultation.\28\ In addition to the Special Representative, the U.S. 
Federal Government team included other high-level officials from the 
Department of the Interior and the Department of State, as well as 
other offices.\29\ Governor Torres was designated the Special 
Representative for the CNMI.\30\
---------------------------------------------------------------------------

    \26\ Report to the President on 902 Consultations Related to the 
DHS Discretionary Parole Program (May 15, 2019), p. 3, available at 
https://www.doi.gov/sites/doi.gov/files/uploads/final_902_report.pdf.
    \27\ Id.
    \28\ Id.
    \29\ Id.
    \30\ Id.
---------------------------------------------------------------------------

    This 902 Consultation process involved two rounds of meetings 
between the Special Representatives and their teams on February 26, 
2019, and on April 2-3, 2019.\31\ These meetings involved presentation 
of position papers, discussion among the teams, panel presentations, 
and site visits.\32\ After the meetings, the Special Representatives 
and their teams developed mutually agreeable language for the Report to 
the President on 902 Consultations Related to the DHS Discretionary 
Parole Program (2019 Report).\33\
---------------------------------------------------------------------------

    \31\ Id. p.4
    \32\ Id.
    \33\ Id.
---------------------------------------------------------------------------

b. Recommendations
    As set forth in the 2019 Report, as a result of the 902 
Consultation process, both Special Representatives found that the 
CNMI's access to the PRC tourist market is of critical importance to 
the CNMI's economy and should be facilitated to the greatest degree 
possible, while at the same time recognizing that national security, 
public safety, and immigration concerns warrant that certain 
modifications be made to either the parole system or the existing G-
CNMI VWP.\34\ With that as a basis, the Special Representatives agreed 
to four recommendations, provided in the 2019 Report, the first two of 
which are relevant to this IFR.\35\
---------------------------------------------------------------------------

    \34\ Id. p. 9. The 2019 Report is silent on the CNMI's access to 
the Russian tourist market.
    \35\ Id. pp. 9-11.
---------------------------------------------------------------------------

    The first recommendation was to modify the parole policies with 
enhanced security provisions.\36\ This modification would reduce the 
period of parole for PRC nationals from a maximum of 45 days to a 
maximum of 14 days. This modification would also add electronic 
screening and vetting prior to arrival at the port of entry, allowing 
for information exchange and cooperation to combat human trafficking 
and unlawful employment. This modification would be an interim step 
until the second recommendation regarding the creation of the CNMI EVS-
TAP could be implemented. Existing parole policies would remain in 
place until this modification was enacted, and DHS would work with CNMI 
officials to ensure a smooth transition.
---------------------------------------------------------------------------

    \36\ Id. pp. 9-10.
---------------------------------------------------------------------------

    The second recommendation was to create the CNMI EVS-TAP as a sub-
program of the G-CNMI VWP.\37\ The Special Representatives noted that 
the CNRA provides for the addition of a country to the G-CNMI VWP and 
authorizes the Secretary of Homeland Security to impose special 
requirements on nationals of that country to allow them to participate 
in the program, such as installing an electronic automated screening 
platform for use by PRC nationals entering into the CNMI under the G-
CNMI VWP. INA sec. 212(l)(6) (8 U.S.C. 1182(l)(6)). Thus, the Special 
Representatives recommended that DHS create a restricted travel 
authorization program under the authorities of the G-CNMI VWP and add 
the PRC to this sub-program. The sub-program, the CNMI EVS-TAP, would 
include additional restrictions that do not currently pertain to the 
rest of the G-CNMI VWP. Under CNMI EVS-TAP, travelers would be allowed 
to enter only the CNMI without a visa, and would not be permitted to 
enter Guam, the mainland, or any other U.S. location. Travelers under 
the CNMI EVS-TAP would be subject to electronic screening and vetting 
prior to entry. As discussed in the CNRA, DHS would explore adding 
bonding requirements. Travel authorization under the CNMI EVS-TAP would 
be for a maximum of 14 days in lieu of exceptional circumstances.
---------------------------------------------------------------------------

    \37\ Id. p. 10.
---------------------------------------------------------------------------

c. Implementation of 902 Consultation Recommendations
    As noted above, in accordance with the first part of the first 
recommendation, as of October 3, 2019, the parole policy for PRC 
nationals was modified to reduce the maximum period of parole from 45 
days to 14 days. In order to meet the second part of the first 
recommendation (to modify the parole policy to include electronic 
screening and vetting prior to arrival at the port of entry as an 
interim step), CBP is first implementing an electronic travel 
authorization process for the G-CNMI VWP generally. In this rule, CBP 
is also establishing the CNMI EVS-TAP, a restricted sub-program of the 
G-CNMI VWP which includes an electronic travel authorization process 
for travelers from the PRC, under section 702(b)(3) of the CNRA.\38\ 
CBP will implement CNMI EVS-TAP 45 days after CBP publishes 
notification in the Federal Register. This will satisfy the second 902 
Consultation recommendation.
---------------------------------------------------------------------------

    \38\ INA sec. 212(l)(6) (8 U.S.C. 1182(l)(6)).
---------------------------------------------------------------------------

III. Overview of Regulatory Changes

    In this rule, promulgated in consultation with the Secretary of the 
Interior and the Secretary of State, DHS is amending the regulations to 
establish an electronic travel authorization process for individuals 
traveling to Guam or the CNMI under the G-CNMI VWP. DHS is also 
amending the regulations to establish the CNMI EVS-TAP program that 
will also include an electronic travel authorization process for 
certain nationals of the PRC traveling to the CNMI. To fully integrate 
the two automated systems in an efficient and cost-effective manner, 
DHS will implement the CNMI EVS-TAP program after the system for G-CNMI 
VWP automation is fully operational. This rule provides the regulatory 
framework necessary for automation of the G-CNMI VWP and to establish 
CNMI EVS-TAP. When DHS is ready to fully implement CNMI EVS-TAP, we 
will provide notification in the Federal Register, which will take 
effect 45 days after publication.

[[Page 3304]]

    Various regulatory changes are necessary to mandate that G-CNMI VWP 
travelers receive electronic travel authorization and to establish the 
CNMI EVS-TAP. The process established under the current regulations, 8 
CFR 212.1(q)(1)(v), requires G-CNMI VWP travelers to submit a paper CBP 
Form I-736; thus, the regulations need to be amended to require 
travelers to use an online version to be submitted pre-departure and to 
receive electronic travel authorization prior to departure. CBP must 
also add regulations to establish the requirements of the CNMI EVS-TAP.

IV. G-CNMI VWP Automation and Electronic Travel Authorization

    This IFR requires G-CNMI VWP travelers to obtain electronic travel 
authorization to travel to Guam or the CNMI prior to embarking on such 
travel. To implement this requirement, this IFR adds a new paragraph 
(q)(9) to 8 CFR 212.1 titled ``Electronic Travel Authorization'' and 
makes certain revisions to 8 CFR 212.1(q).

A. Electronic Travel Authorization

1. Electronic Travel Authorization Requirement and Transition Period
    By requiring a G-CNMI VWP electronic travel authorization, CBP will 
be able to screen travelers seeking to enter Guam or the CNMI under the 
G-CNMI VWP prior to their arrival in Guam or the CNMI. Individuals 
intending to travel under the G-CNMI VWP will be able to obtain travel 
authorization in advance of travel to Guam or the CNMI. DHS notes that 
an electronic authorization to travel to Guam or the CNMI under the G-
CNMI VWP is not a determination that the traveler ultimately is 
admissible to Guam or the CNMI. That determination is made by a CBP 
officer only after an applicant for admission is inspected by the CBP 
officer at a U.S. port of entry. In addition, a G-CNMI VWP electronic 
travel authorization is not a visa. The grant of a G-CNMI VWP 
electronic travel authorization is distinct from the visa application 
process. Travel authorization under the G-CNMI VWP allows a G-CNMI VWP 
participant to travel to Guam or the CNMI and does not confer on the 
traveler admissibility to Guam or the CNMI. Requiring a G-CNMI VWP 
electronic travel authorization allows DHS to identify potential 
grounds of ineligibility for admission before the G-CNMI VWP traveler 
embarks on a carrier destined for Guam or the CNMI.
    Requiring a G-CNMI VWP electronic travel authorization will reduce 
the number of travelers who are determined to be inadmissible to Guam 
or the CNMI during inspection by a CBP officer at a port of entry, 
thereby saving, among other things, the cost of return travel to the 
carrier, inspection time, and delays and inconvenience for the 
traveler. Requiring a G-CNMI VWP electronic travel authorization also 
will enable CBP to allocate existing resources more efficiently to 
screening passengers at U.S. ports of entry, thereby facilitating 
legitimate travel. Requiring a G-CNMI VWP electronic travel 
authorization increases the amount of information available to DHS 
regarding G-CNMI VWP travelers before such travelers arrive at U.S. 
ports of entry; and, by recommending that travelers submit such 
information a minimum of 5 days in advance of departure, provides DHS 
with additional time to screen G-CNMI VWP travelers destined for Guam 
or the CNMI, thus enhancing security by allowing CBP to conduct pre-
vetting and cross-checking information against law enforcement 
databases. Furthermore, it will allow carriers to know in advance 
whether the traveler is approved to board the conveyance using existing 
messaging capabilities between CBP and the carriers.
    The G-CNMI VWP electronic travel authorization requirement allows 
DHS to eliminate the requirement that G-CNMI VWP travelers be in 
possession of a completed and signed paper CBP Form I-736. Although 
this rule is effective on September 30, 2024, in this rule CBP is 
incorporating a 60-day transition period to facilitate travelers 
adjusting to the new collection method. See new 8 CFR 212.1(q)(9)(i). 
Prior to September 30, 2024, travelers should continue to use the paper 
CBP Form I-736 or print out the form as they are doing today. On 
September 30, 2024, the 60-day transition period will begin. During 
this transition period, travelers can choose whether to submit the Form 
I-736 in advance electronically and receive prior electronic travel 
authorization or to submit the paper CBP Form I-736 upon arrival.
    At the end of the transition period, the paper CBP Form I-736 will 
become obsolete and travelers must input and submit in advance their 
personal information and respond to the eligibility questions using the 
new electronic format Form I-736. See new 8 CFR 212.1(q)(9)(i). The 
travelers' information will be pre-screened or vetted against law 
enforcement databases. Based on the results of the pre-screening, the 
application will be approved or denied. The system will generate a 
``board'' or ``no board'' status message to the carrier indicating a 
denied or approved authorization to board before the flight. The 
applicant also receives a message with the application status: 
approved, denied, canceled, or pending. Beginning November 29, 2024, 
when the 60-day transition period ends, carriers must deny boarding to 
travelers without an approved electronic travel authorization. See new 
8 CFR 212.1(q)(5)(iv). All information will be saved in the newly 
created G-CNMI VWP database.
2. Obtaining Travel Authorization
    This IFR establishes data fields by which G-CNMI VWP travelers must 
electronically submit to CBP, in advance of travel to Guam or the CNMI, 
including biographic and other information specified by the Secretary. 
The information specified by the Secretary is necessary to determine 
the eligibility of the individual to travel to Guam or the CNMI under 
the G-CNMI VWP and whether such travel poses a law enforcement or 
security risk. This is the same information currently required on the 
paper CBP Form I-736, which G-CNMI VWP travelers must present to a CBP 
officer at a port of entry. This IFR does not impose any new data 
collection requirements on air or vessel carriers. For example, this 
rule does not require air carriers to transmit any G-CNMI VWP 
electronic travel authorization data elements on behalf of travelers to 
CBP, nor does it require carriers to submit any additional data.
    In determining a traveler's eligibility for a G-CNMI VWP electronic 
travel authorization, CBP will assess each application to determine 
whether the individual is eligible to travel to Guam or the CNMI and 
whether there exists any law enforcement or security risk in permitting 
such travel under the G-CNMI VWP. The information submitted by the 
individual in the travel authorization application will be checked by 
CBP against all appropriate databases, including, but not limited to, 
lost and stolen passport databases and appropriate watchlists. 
Additionally, if a traveler does not provide the information required 
or provides false information in the travel authorization application 
or if any evidence exists indicating that an individual is ineligible 
to travel to Guam or the CNMI under the G-CNMI VWP or that permitting 
such travel poses a law enforcement or security risk, CBP may deny the 
application for a travel authorization. The Secretary, acting through 
CBP, retains discretion to revoke a travel authorization determination 
at any time and for any reason. If a travel authorization

[[Page 3305]]

application is denied, the individual may still seek to obtain a visa 
to travel to Guam or the CNMI from the appropriate U.S. embassy or 
consulate. See INA sec. 221(a)(1)(B) (8 U.S.C. 1201(a)(1)(B)).
3. Timeline for Submitting Travel Authorization Data
    With this IFR after the 60-day transition period, each nonimmigrant 
visitor wishing to travel to Guam or the CNMI under the G-CNMI VWP must 
have a travel authorization prior to embarking on a carrier. DHS, 
however, recommends that G-CNMI VWP travelers obtain travel 
authorizations prior to the time of reservation or purchase of the 
ticket, or at least 5 days before departure to Guam or the CNMI, in 
order to facilitate timely departures.
4. Required Travel Authorization Data Elements
    G-CNMI VWP electronic travel authorization will collect the same 
information currently required on the paper CBP Form I-736 that is 
presented to a CBP officer at a port of entry. This is the information 
that the Secretary has deemed necessary to evaluate whether an 
individual is eligible to travel to Guam or the CNMI under the G-CNMI 
VWP and whether such travel poses a law enforcement or security risk. 
This information is already collected through the CBP Form I-736, which 
is presented to CBP when the traveler arrives in Guam or the CNMI. On 
the CBP Form I-736, travelers must provide biographical data such as 
name, birth date, and passport information, as well as travel 
information such as flight information and the address of the traveler 
while in Guam or the CNMI. Travelers must also answer eligibility 
questions regarding, for example: communicable diseases, arrests and 
convictions for certain crimes, and history of visa revocation or 
deportation. The information provided in the Form I-736 is sufficient 
for CBP to initially determine if the applicant is eligible to travel 
under the G-CNMI VWP before the individual commences travel to Guam or 
the CNMI. Therefore, DHS has decided to utilize the Form I-736 data 
elements by requiring them to be submitted in advance of travel under 
the G-CNMI VWP electronic travel authorization.
5. Scope of G-CNMI VWP Electronic Travel Authorization
    An approved travel authorization only allows an individual to board 
a conveyance for travel to a U.S. port of entry in Guam or the CNMI and 
does not restrict, limit, or otherwise affect the authority of CBP to 
determine a traveler's admissibility to Guam or the CNMI during 
inspection at a port of entry.
6. Duration
    In general, each travel authorization will be valid for a period of 
no more than two years. An individual may travel to Guam or the CNMI 
repeatedly within the validity period of the travel authorization using 
the same travel authorization. Travelers whose G-CNMI VWP electronic 
travel authorization applications are approved, but whose passports 
will expire in less than two years, will receive travel authorization 
that is valid only until the expiration date on the passport.
    Pursuant to INA section 212(a)(7)(B)(i)(I) (8 U.S.C. 
1182(a)(7)(B)(i)(I)) and implementing regulations at 8 CFR 
214.1(a)(3)(i), the passport of an applicant for admission must be 
valid for a minimum of six months from the expiration date of the 
contemplated period of stay. This means that travelers to the United 
States, including to Guam or the CNMI, are required to be in possession 
of passports that are valid for six months beyond the period of their 
intended stay. Certain foreign governments have entered into agreements 
with the United States whereby their passports are recognized as valid 
for the return of the bearer to the country of the foreign-issuing 
authority for a period of six months beyond the expiration date 
specified in the passport.\39\ These agreements have the effect of 
extending the validity period of the foreign passport an additional six 
months notwithstanding the expiration date indicated in the passport. 
Thus, citizens of the countries that have entered into such an 
agreement are exempt from the ``six-month rule'' and need only have a 
passport valid for their intended period of stay. Accordingly, the 
general rule provided in new 8 CFR 212.1(q)(9)(iv)(A) applies to 
travelers who are citizens of countries that have entered into such an 
agreement.\40\
---------------------------------------------------------------------------

    \39\ The list of countries which have entered into such an 
agreement is available on the Department of State website at https://fam.state.gov/fam/09FAM/09FAM040309.html#M403_9_3_B_2 (last visited 
July 20, 2023).
    \40\ Id.
---------------------------------------------------------------------------

    For travelers from countries that have not entered into such an 
agreement,\41\ G-CNMI electronic travel authorizations will be valid 
for a period of two years, as provided by the general rule. However, 
travel authorizations for individuals from countries that have not 
entered into such an agreement will not be approved beyond the six 
months prior to the expiration date of the traveler's passport. 
Travelers from these countries whose passports will expire in six 
months or less will not receive an approved G-CNMI VWP electronic 
travel authorization.\42\
---------------------------------------------------------------------------

    \41\ Id. At this time, Brunei and Nauru are the two G-CNMI VWP 
countries that have not entered into such an agreement with the 
United States.
    \42\ Id. See INA sec. 212(a)(7)(B)(i)(I) (8 U.S.C. 
1182(a)(7)(B)(i)(I)) and implementing regulations at 8 CFR 
214.1(a)(3)(i).
---------------------------------------------------------------------------

    The Secretary, in consultation with the Secretary of the Interior 
and the Secretary of State, may increase or decrease the G-CNMI VWP 
travel authorization validity period for a designated G-CNMI VWP 
country or geographic area. See INA sec. 212(l)(3) (8 U.S.C. 
1182(l)(3)). Notice of any change to the G-CNMI VWP travel 
authorization validity periods will be published in the Federal 
Register. In addition, CBP will update the G-CNMI VWP website to 
reflect any changes to a G-CNMI VWP country or geographic area's 
specific G-CNMI VWP travel authorization validity period.
7. Events Requiring New Travel Authorization
    A G-CNMI VWP traveler must obtain a new electronic travel 
authorization in advance of travel to Guam or the CNMI within the 
validity period of the traveler's current travel authorization if any 
of the following occurs:
    (1) The traveler is issued a new passport;
    (2) The traveler's name changes;
    (3) The traveler's gender changes;
    (4) The traveler's country of citizenship changes; or
    (5) The circumstances underlying the traveler's previous responses 
to any of the G-CNMI VWP electronic travel authorization application 
questions requiring a ``yes'' or ``no'' response (eligibility 
questions) have changed.
8. Fee
    At this time, payment of a fee will not be required to obtain a 
travel authorization. If DHS determines at a later time, however, that 
collection of a fee is necessary for the efficient administration of 
the G-CNMI VWP electronic travel authorization requirement, DHS will 
implement a fee through a separate rulemaking action or such other 
manner as is consistent with the Administrative Procedure Act and 
applicable statutory authorities.

B. Conforming Amendments

    Additionally, this IFR makes several changes to 8 CFR 212.1(q) to 
account for automation of Form I-736 and the

[[Page 3306]]

electronic travel authorization requirement in the new paragraph 
(q)(9). In the list of eligibility requirements in paragraph (q)(1), 
paragraph (q)(1)(v) is revised to incorporate the 60-day transition 
period and add the requirement for travelers to have received 
electronic travel authorization prior to embarking on a carrier 
pursuant to the new 8 CFR 212.1(q)(9) beginning November 29, 2024. 
Similarly, in the list of requirements for transportation lines in 
paragraph (q)(5), paragraph (q)(5)(iv) is revised to incorporate the 
60-day transition period and add the requirement that transportation 
lines transport travelers who have received electronic travel 
authorization pursuant to the new 8 CFR 212.1(q)(9) beginning November 
29, 2024. Also, in paragraph (q)(5) regarding requirements for 
transportation lines, a cross-reference to 8 CFR 1.4 is added to the 
end of paragraph (q)(5)(v), requiring transportation lines to transport 
a traveler in possession of a completed I-94, Arrival-Departure Record 
(CBP Form I-94). The cross-referenced section 1.4 states that the 
definition of Form I-94 includes the electronic format and that the 
terms ``completed and signed'' ``include, but are not limited to, DHS 
completing its collection of information into its electronic record of 
admission, or arrival/departure.'' See 8 CFR 1.4(b).

C. Technical Corrections

    This IFR also makes several technical corrections to 8 CFR 
212.1(q). First, the G-CNMI VWP eligibility requirement for residents 
of Taiwan to possess a Taiwan National Identity Card and a valid Taiwan 
passport with a valid re-entry permit issued by the Taiwan Ministry of 
Foreign Affairs is moved from paragraph (q)(1)(xi) to the other list of 
eligibility requirements for those with a connection to Taiwan in 
paragraph (q)(2)(ii)(B). This change consolidates all the G-CNMI VWP 
eligibility requirements for those with a connection to Taiwan to one 
location. Second, in paragraph (q)(4), the heading ``Ineligibility due 
to admission under the Guam-CNMI Visa Waiver Program'' is added for 
clarification. Third, in paragraph (q)(7), the extraneous paragraph 
designation between the headings ``Maintenance of status--'' and 
``Satisfactory departure.'' is removed so that the heading reads 
``Maintenance of status--satisfactory departure.'' Fourth, in 
paragraphs (q)(7) and (q)(8)(ii)(A), the words ``his or her'' are 
replaced with the gender neutral ``the alien's'' or ``the officer's'' 
as applicable. Finally, in paragraph (q)(8)(ii)(B), the reference to 
``paragraph (b)(1)'' is replaced with the correct reference to 
``paragraph (q)(8)(ii)(A).''

V. Commonwealth of the Northern Mariana Islands Economic Vitality & 
Security Travel Authorization Program (CNMI EVS-TAP)

    This IFR also creates the CNMI EVS-TAP as a restricted sub-program 
of the G-CNMI VWP, under the CNRA and pursuant to consultations under 
Section 902 of the Covenant. As noted above in Section II.B., section 
702(b)(3) of the CNRA provides for the addition of countries to the G-
CNMI VWP, stating that the Governor of Guam and the Governor of the 
CNMI may request the Secretary of the Interior and the Secretary of 
Homeland Security to add a particular country to the list of countries 
whose nationals may obtain a visa waiver under the G-CNMI VWP, and the 
Secretary of Homeland Security may grant such request after 
consultation with the Secretary of the Interior and the Secretary of 
State, and may promulgate regulations with respect to the inclusion of 
that country and any special requirements the Secretary of Homeland 
Security, in the Secretary's sole discretion, may impose prior to 
allowing nationals of that country to obtain the visa waiver under the 
G-CNMI VWP.\43\ DHS considers these request and consultation 
requirements of the CNRA to have been fulfilled by the 902 
Consultations process discussed above in Section II.C.4. In the 
Secretary's discretion, and in accordance with the applicable 
recommendation from the 902 Consultations, DHS is promulgating 
regulations with respect to the inclusion of the PRC in obtaining a 
visa waiver, imposing the special requirements of the CNMI EVS-TAP, a 
restricted sub-program of the G-CNMI VWP. The CNMI EVS-TAP will allow 
certain prescreened nationals of the PRC to travel without a visa to 
the CNMI only. To establish the CNMI EVS-TAP, a new paragraph (r) is 
added to 8 CFR 212.1. This rule also makes several conforming 
amendments to the regulations to account for the CNMI EVS-TAP.
---------------------------------------------------------------------------

    \43\ INA sec. 212(l)(6) (8 U.S.C. 1182(l)(6)).
---------------------------------------------------------------------------

A. CNMI EVS-TAP

1. Description
    The CNRA authorizes the Secretary to allow a noncitizen to enter 
Guam or the CNMI as a nonimmigrant visitor for business or pleasure for 
a period not to exceed 45 days if the Secretary of Homeland Security, 
after consultation with the Secretaries of State and the Interior, and 
the Governors of Guam and the CNMI, determines that: (i) adequate 
arrival and departure control systems have been developed in Guam and 
the CNMI, and (ii) such a waiver does not represent a threat to the 
welfare, safety, or security of the United States or its territories 
and commonwealths. INA sec. 212(l)(1) (8 U.S.C. 1182(l)(1)). The 
requirements for the G-CNMI VWP are set forth in 8 CFR 212.1(q). As 
detailed above, the CNRA also provides for the addition of countries to 
the list of those whose nationals may obtain a visa waiver, with any 
special requirements the Secretary may impose. INA sec. 212(l)(6) (8 
U.S.C. 1182(l)(6)). As discussed above in Section II.C.4., the 902 
Consultations resulted in the recommendation that the CNMI EVS-TAP be 
created under the CNRA as a sub-program of the G-CNMI VWP. As set forth 
in new 8 CFR 212.1(r)(1), the CNMI EVS-TAP is a restricted travel 
authorization sub-program of the G-CNMI VWP that allows a nonimmigrant 
visitor who is a national of the PRC to be admitted to the CNMI without 
a visa in specified circumstances.
    The regulations for CNMI EVS-TAP largely mirror the regulations for 
the G-CNMI VWP, including the new electronic travel authorization 
requirement provided by this IFR. However, as the CNMI EVS-TAP is a 
restricted sub-program of the G-CNMI VWP, there are some differences 
between the regulations for each, consistent with the 902 Consultation 
Recommendations \44\ and the current parole policy.\45\ The primary 
differences are that CNMI EVS-TAP travelers may visit only the CNMI and 
for a maximum of 14 days; whereas, the G-CNMI VWP travelers may visit 
both the CNMI and Guam and for a maximum of 45 days. Additionally, the 
CNMI EVS-TAP regulations are tailored to a discrete group consisting of 
PRC nationals, while the G-CNMI VWP regulations must provide for a 
larger and more varied group of the countries and geographic areas 
whose travelers are eligible for the G-CNMI VWP.
---------------------------------------------------------------------------

    \44\ As discussed in Section II.C.4 above.
    \45\ As discussed in Section II.C.2-3 above.
---------------------------------------------------------------------------

2. Eligibility
    Similar to the requirements that those currently seeking admission 
to Guam or the CNMI under the G-CNMI VWP must meet, as established in 
new 8 CFR 212.1(r)(2), to be considered eligible for admission into the 
CNMI under the CNMI EVS-TAP, prior to embarking on a carrier for travel 
to the CNMI, nonimmigrant visitors must:
    (i) Be a national of the PRC;

[[Page 3307]]

    (ii) Be classifiable as a visitor for business or pleasure;
    (iii) Be solely entering and staying on the CNMI for a period not 
to exceed 14 days;
    (iv) Be in possession of a round trip ticket that is nonrefundable 
and nontransferable and bears a confirmed departure date not exceeding 
14 days from the date of admission to the CNMI. ``Round trip ticket'' 
includes any return trip transportation ticket issued by a 
participating carrier, electronic ticket record, airline employee 
passes indicating return passage, individual vouchers for return 
passage, group vouchers for return passage for charter flights, or 
military travel orders which include military dependents for return to 
duty stations outside the United States on U.S. military flights;
    (v) Receive an electronic travel authorization from CBP pursuant to 
new paragraph 8 CFR 212.1(r)(9);
    (vi) Be in possession of a completed and signed I-94 (see Sec.  
1.4), Arrival-Departure Record (CBP Form I-94). The cross referenced 
Sec.  1.4 states that the definition of I-94 includes the electronic 
format and that the terms ``completed and signed'' ``include, but are 
not limited to, DHS completing its collection of information into its 
electronic record of admission, or arrival/departure.'' See 8 CFR 
1.4(b). While the Form I-94 has been automated and travelers no longer 
are required to physically possess the form, as CNMI EVS-TAP is a sub-
program of the GCNMI VWP, the regulatory requirements should match.
    (vii) Be in possession of a valid unexpired ICAO (International 
Civil Aviation Organization) compliant, machine readable passport 
issued by the PRC;
    (viii) Have not previously violated the terms of any prior 
admissions or parole;
    (ix) Waive any right to review or appeal an immigration officer's 
determination of admissibility at the port of entry into the CNMI; and
    (x) Waive any right to contest any action for deportation or 
removal, other than on the basis of: an application for withholding of 
removal under section 241(b)(3) of the INA; withholding or deferral of 
removal under the regulations implementing Article 3 of the United 
Nations Convention Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment; or, an application for asylum if 
permitted under section 208 of the INA. As in the G-CNMI VWP, section 
208 of the INA (8 U.S.C. 1158) regarding asylum does not apply to the 
CNMI during the transition period ending December 31, 2029.\46\
---------------------------------------------------------------------------

    \46\ Note that INA section 208(e) (8 U.S.C. 1158(e)), has not 
been amended to reflect the extensions of the transition period. See 
section 6(a)(2), (7) of Public Law 94-241, 48 U.S.C. 1806(a)(2), 
(7); as amended by section 702(a) of the CRNA, 122 Stat. at 855-6 
(ending the transition period December 31, 2014); section 10(1) of 
the Consolidated and Further Continuing Appropriations Act, 2015, 
Public Law 113-235, 128 Stat. 2130, 2134 (Dec. 16, 2014) (extending 
the transition period through December 31, 2019); and section 
3(a)(1)(A) of the Northern Mariana Islands U.S. Workforce Act of 
2018, Public Law 115-218, 132 Stat. 1574 (July 24, 2018) (extending 
the transition period through December 31, 2029).
---------------------------------------------------------------------------

3. Suspension or Discontinuation of Program
    This rule, in new 8 CFR 212.1(r)(3), also incorporates the 
provisions in section 702(b) of the CNRA regarding the suspension of 
countries from and the factors for discontinuation of the G-CNMI VWP as 
the provisions regarding the suspension of and the factors for 
discontinuation of the CNMI EVS-TAP, given that the CNMI EVS-TAP is 
only available to nationals of the PRC. See INA sec. 212(l)(4)-(5) (8 
U.S.C. 1182(l)(4)-(5)). Accordingly, new 8 CFR 212.1(r)(3) first 
provides that the Secretary may suspend the CNMI EVS-TAP for good cause 
including, but not limited to, the following circumstances: (A) The 
admissions of visitors from the PRC have resulted in an unacceptable 
number of visitors from the PRC remaining unlawfully in the CNMI, 
unlawfully obtaining entry to other parts of the United States, or 
seeking withholding of removal or asylum; or (B) Visitors from the PRC 
pose a risk to law enforcement or security interests, including the 
enforcement of immigration laws of the CNMI or the United States.
    Second, new 8 CFR 212.1(r)(3) provides that the Secretary, in 
consultation with the Secretary of the Interior and the Secretary of 
State, may also discontinue the CNMI EVS-TAP based on the evaluation of 
all factors the Secretary deems relevant including, but not limited to, 
electronic travel authorization, procedures for reporting lost and 
stolen passports, repatriation of noncitizens, rates of refusal for 
nonimmigrant visitor visas, overstays, exit systems and information 
exchange.
4. Ineligibility Due to Admission Under the CNMI EVS-TAP
    Paralleling the G-CNMI VWP, under new 8 CFR 212.1(r)(4), admission 
under the CNMI EVS-TAP renders a noncitizen ineligible for: adjustment 
of status to that of a temporary resident or, except as provided by 
section 245(i) of the Act or as an immediate relative as defined in 
section 201(b) of the Act, to that of a lawful permanent resident; 
change of nonimmigrant status; or extension of stay.
5. Requirements for Transportation Lines
    New 8 CFR 212.1(r)(5) specifies the requirements for transportation 
lines bringing CNMI EVS-TAP travelers to the CNMI. The carrier must be 
prepared to establish that each individual it transports without the 
appropriate visa was prima facie eligible for the visa waiver, because 
the carrier is subject to fine pursuant to section 273 of the INA for 
transporting any noncitizen not in possession of an unexpired visa, as 
required, unless the requirement is waived. The carrier contract and 
ticket restrictions parallel the G-CNMI VWP. Thus, a transportation 
line bringing any traveler to the CNMI pursuant to this section must:
    (1) Enter into a contract on CBP Form I-760, made by the 
Commissioner of U.S. Customs and Border Protection on behalf of the 
government;
    (2) Transport an individual only if the individual is a national of 
the PRC and is in possession of a valid unexpired ICAO compliant, 
machine readable passport issued by the PRC;
    (3) Transport an individual only if the individual is in possession 
of a round trip ticket as defined in 8 CFR 212.1(r)(2)(iv) bearing a 
confirmed departure date not exceeding 14 days from the date of 
admission to the CNMI, which the carrier will unconditionally honor 
when presented for return passage. This ticket must be: valid for a 
period of not less than one year; nonrefundable except in the country 
in which issued or in the country of the traveler's nationality or 
residence; and issued by a carrier which has entered into an agreement 
described in this paragraph; and
    (4) Transport an individual only if the individual has received 
electronic travel authorization from CBP pursuant to 8 CFR 212.1(r)(9).
6. Bonding
    Part of the second recommendation made in the 902 Consultations 
regarding the creation of CNMI EVS-TAP is that the United States will 
explore adding bonding requirements as discussed in the CNRA.\47\ 
Section 702(b) of the CNRA requires that the regulations implementing 
the G-CNMI VWP, and thus the CNMI EVS-TAP, include any

[[Page 3308]]

bonding requirements for nationals of some or all of those countries 
who may present an increased risk of overstaying their period of 
authorized stay or other potential problems, if different from such 
requirements otherwise provided by law for nonimmigrant visitors.\48\ 
Similar to as discussed below in Section V.B. regarding conforming 
amendments to bonding requirements under the G-CNMI VWP, at this time 
DHS is not imposing any bonding requirements different from such 
requirements otherwise provided by law for nonimmigrant visitors for 
travelers seeking admission into the CNMI under the CNMI EVS-TAP. If 
DHS determines that additional bonding requirements are necessary, DHS 
will amend the regulations accordingly and has reserved new 8 CFR 
212.1(r)(6) to do so.
---------------------------------------------------------------------------

    \47\ Report to the President on 902 Consultations Related to the 
DHS Discretionary Parole Program (May 15, 2019), p. 10, available at 
https://www.doi.gov/sites/doi.gov/files/uploads/final_902_report.pdf.
    \48\ See section 702(b)(3) of the CNRA, 122 Stat. at 861 (INA 
sec. 212(l)(3)(B), as amended (8 U.S.C. 1182 (l)(3)(B))) (emphasis 
added).
---------------------------------------------------------------------------

7. Maintenance of Status--Satisfactory Departure
    This rule includes a provision allowing a traveler admitted to the 
CNMI under the CNMI EVS-TAP to seek a period of satisfactory departure, 
similar to the G-CNMI VWP. Under new 8 CFR 212.1(r)(7), this rule 
provides that if a traveler admitted under the CNMI EVS-TAP is 
prevented from departing within the period of the authorized stay due 
to an emergency, an immigration officer having jurisdiction over the 
place of the traveler's temporary stay may grant satisfactory departure 
to permit the traveler to delay departing the CNMI for a period not to 
exceed 15 days. Currently, this means travelers may seek satisfactory 
departure by contacting any local CBP Port of Entry or Deferred 
Inspection Site, or the U.S. Citizenship and Immigration Services 
Contact Center. If the traveler departs within the extended time 
period, the traveler will be regarded as having departed within the 
required time period and will not be considered as having overstayed 
the period of authorized stay.
8. Inadmissibility and Deportability
    This rule sets forth the authority of DHS to remove noncitizens and 
to make determinations as to admissibility and deportability in 8 CFR 
212.1(r)(8), like the authority under the G-CNMI VWP. CBP may remove a 
noncitizen seeking admission under the CNMI EVS-TAP upon a 
determination that the noncitizen is inadmissible to the CNMI under one 
or more of the grounds of inadmissibility (other than for lack of visa) 
listed under section 212 of the INA (8 U.S.C. 1182). This rule also 
provides that an immigration officer will refuse admission to and 
remove a CNMI EVS-TAP applicant who is in possession of and presents 
fraudulent or counterfeit travel documents. See INA sec. 212(a)(6)(C) 
(8 U.S.C. 1182(a)(6)(C)). Likewise, DHS may remove a noncitizen 
admitted under the CNMI EVS-TAP who has violated the noncitizen's 
status under one or more grounds of deportability as listed under 
section 237 of the INA (8 U.S.C. 1227). Accordingly, noncitizens who 
have been determined to be inadmissible or deportable will not be 
referred to an immigration judge for further inquiry, examination, or 
hearing. See INA sec. 212(l)(2) (8 U.S.C. 1182(l)(2)).
    The CNRA provides that, during the transition period, currently 
extended through December 31, 2029, section 208 of the INA (8 U.S.C. 
1158), the section that sets forth the requirements to seek asylum, 
does not apply to noncitizens in the CNMI.\49\ Therefore, prior to 
January 1, 2030, a noncitizen who is physically present or arriving in 
the CNMI under the CNMI EVS-TAP may not apply for asylum and an 
immigration judge will not have jurisdiction over asylum applications 
filed by an noncitizen physically present or arriving in the CNMI under 
the CNMI EVS-TAP.\50\ Noncitizens physically present or arriving in the 
CNMI during the transition period who express a fear of persecution or 
torture only may establish eligibility for withholding of removal 
pursuant to INA section 241(b)(3) or pursuant to the regulations 
implementing Article 3 of the United Nations Convention Against Torture 
and Other Cruel, Inhuman or Degrading Treatment or Punishment.\51\
---------------------------------------------------------------------------

    \49\ See section 702(a) of the CRNA, 122 Stat. at 855-6 (section 
6(a)(2), (7) of Public Law 94-241, as amended, 48 U.S.C. 1806(a)(2), 
(7)). See also note 46, supra, regarding extensions of the 
transition period.
    \50\ Id.
    \51\ DHS and the Department of Justice have promulgated various 
regulations implementing U.S. obligations under Article 3 of the 
United Nations Convention Against Torture and Other Cruel, Inhuman 
or Degrading Treatment or Punishment. See, e.g., 8 CFR 208.16(c) 
through (f), 208.17, and 208.18; Regulations Concerning the 
Convention Against Torture, 64 FR 8478 (Feb. 19, 1999), as corrected 
by 64 FR 13881 (Mar. 23, 1999).
---------------------------------------------------------------------------

9. Electronic Travel Authorization
a. Electronic Travel Authorization Requirement, Transition Period, and 
Impact on Parole
    This rule requires CNMI EVS-TAP travelers to obtain electronic 
travel authorization to travel to the CNMI prior to embarking on such 
travel under 8 CFR 212.1(r)(9). This requirement parallels the new 
requirement for G-CNMI VWP travelers to obtain electronic travel 
authorization discussed in section IV.A. above. As discussed above, by 
requiring an electronic travel authorization, CBP will be able to 
screen travelers seeking to enter the CNMI under the CNMI EVS-TAP prior 
to their arrival in the CNMI. DHS notes that an electronic 
authorization to travel to the CNMI under the CNMI EVS-TAP is not a 
determination that the traveler ultimately is admissible to the CNMI. 
That determination is made by a CBP officer only after an applicant for 
admission is inspected by the CBP officer at a U.S. port of entry. In 
addition, a CNMI EVS-TAP electronic travel authorization is not a visa. 
The grant of a CNMI EVS-TAP electronic travel authorization is distinct 
from the visa application process. Travel authorization under the CNMI 
EVS-TAP allows a CNMI EVS-TAP participant to travel to the CNMI, and 
does not confer on the traveler admissibility to the CNMI. Requiring a 
CNMI EVS-TAP electronic travel authorization, therefore, allows DHS to 
identify potential grounds of ineligibility for admission before the 
CNMI EVS-TAP traveler embarks on a carrier destined for the CNMI.
    Requiring a CNMI EVS-TAP electronic travel authorization will 
reduce the number of travelers who are determined to be inadmissible to 
the CNMI during inspection by a CBP officer at a port of entry, thereby 
saving, among other things, the cost of return travel to the carrier, 
inspection time, and delays and inconvenience for the traveler. 
Requiring a CNMI EVS-TAP electronic travel authorization also will 
enable CBP to better allocate existing resources toward screening 
passengers at U.S. ports of entry, thereby facilitating legitimate 
travel. Requiring a CNMI EVS-TAP electronic travel authorization 
increases the amount of information available to DHS regarding CNMI 
EVS-TAP travelers before such travelers arrive at U.S. ports of entry; 
and, by recommending that travelers submit such information a minimum 
of 5 days in advance of departure, provides DHS with additional time to 
screen CNMI EVS-TAP travelers destined for the CNMI, thus enhancing 
security by allowing CBP to conduct pre-vetting and cross-checking 
information against law enforcement databases. Furthermore, it will 
allow carriers to know in advance whether the traveler is approved to 
board the conveyance using existing messaging capabilities between CBP 
and the carriers.
    Once CNMI-EVS-TAP is fully implemented and announced in the Federal 
Register, the current parole

[[Page 3309]]

policy for PRC nationals seeking to enter the CNMI will be 
discontinued. Until that time, the G-CNMI VWP electronic travel 
authorization requirement allows DHS to eliminate the requirement that 
nationals of the PRC complete a paper CBP Form I-736 prior to being 
paroled into the CNMI. However, as discussed in Section IV.A. above, 
although this rule is effective on September 30, 2024, CBP is 
incorporating in the rule a 60-day transition period to facilitate 
travelers adjusting to the new collection method. See new 8 CFR 
212.1(q)(9)(i). Prior to September 30, 2024, travelers seeking to be 
paroled into the CNMI should continue to use the paper CBP Form I-736 
or print out as they are doing today. On September 30, 2024, the 60-day 
transition period will begin. During this transition period travelers 
can choose whether to submit the Form I-736 in advance electronically 
and receive electronic travel authorization prior to embarking on a 
carrier or to submit the paper CBP Form I-736 upon arrival.
    At the end of the transition period, the paper CBP Form I-736 will 
become obsolete and travelers must input and submit in advance their 
personal information and respond to the eligibility questions using the 
new electronic format. The travelers' information will be pre-screened 
or vetted against law enforcement databases. Based on the results of 
the pre-screening, the application will be approved or denied. The 
system will generate a ``board'' or ``no board'' status message to the 
carrier indicating a denied or approved authorization to board before 
the flight. The applicant also receives a message with the application 
status: approved, denied, canceled, or pending. An approved application 
is not a grant of advance parole, it is merely a determination of 
eligibility to board the carrier. Beginning November 29, 2024, when the 
60-day transition period ends, carriers must deny boarding to travelers 
without an approved electronic travel authorization. All information 
will be saved in the newly created G-CNMI VWP database.
b. Obtaining Travel Authorization
    This IFR establishes data fields by which CNMI EVS-TAP travelers 
must electronically submit to CBP, in advance of travel to the CNMI, 
including biographic and other information specified by the Secretary. 
The information specified by the Secretary is necessary to determine 
the eligibility of the individual to travel to the CNMI under the CNMI 
EVS-TAP, and whether such travel poses a law enforcement or security 
risk. This is the same information currently required on the paper CBP 
Form I-736, which applicants for parole from the PRC must present to a 
CBP officer at a port of entry, with several additional questions 
specific to the CNMI EVS-TAP. This IFR does not impose any new data 
collection requirements on air or vessel carriers. For example, this 
rule does not require air carriers to transmit any CNMI EVS-TAP 
electronic travel authorization data elements on behalf of travelers to 
CBP, nor does it require carriers to submit any additional data.
    In determining a traveler's eligibility for a CNMI EVS-TAP 
electronic travel authorization, CBP will assess each application to 
determine whether the individual is eligible to travel to the CNMI and 
whether there exists any law enforcement or security risk in permitting 
such travel under the CNMI EVS-TAP. The information submitted by the 
individual in the travel authorization application will be checked by 
CBP against all appropriate databases, including, but not limited to, 
lost and stolen passport databases and appropriate watchlists. 
Additionally, if a traveler does not provide the information required, 
provides false information in the travel authorization application, or 
if any evidence exists indicating that an individual is ineligible to 
travel to the CNMI under the CNMI EVS-TAP or that permitting such 
travel poses a law enforcement or security risk, CBP may deny the 
application for a travel authorization. The Secretary, acting through 
CBP, retains discretion to revoke a travel authorization determination 
at any time and for any reason, as set forth in new 8 CFR 
212.1(r)(9)(vi)(D). If a travel authorization application under the 
CNMI EVS-TAP is denied, the individual may still seek to obtain a visa 
to travel to the CNMI from the appropriate U.S. embassy or consulate. 
See INA sec. 221(a)(1)(B) (8 U.S.C. 1201(a)(1)(B)).
c. Timeline for Submitting Travel Authorization Data
    Once CNMI EVS-TAP is implemented, pursuant to new 8 CFR 
212.1(r)(9), each nonimmigrant visitor wishing to travel to the CNMI 
under the CNMI EVS-TAP must have a travel authorization prior to 
embarking on a carrier. DHS, however, recommends that CNMI EVS-TAP 
travelers obtain travel authorizations prior to the time of reservation 
or purchase of the ticket, or at least 5 days before departure to the 
CNMI, in order to facilitate timely departures.
d. Required Travel Authorization Data Elements
    CNMI EVS-TAP electronic travel authorization will collect the same 
information currently required on the paper CBP Form I-736 that is 
presented by parolees from the PRC to a CBP officer at a port of entry 
with several additional questions specific to the CNMI EVS-TAP. This is 
the information that the Secretary has deemed necessary to evaluate 
whether an individual is eligible to travel to the CNMI under the CNMI 
EVS-TAP and whether such travel poses a law enforcement or security 
risk. This information is already collected through the CBP Form I-736, 
which is presented to CBP when the applicant for parole arrives in the 
CNMI. On the CBP Form I-736, travelers must provide biographical data 
such as name, birth date, and passport information, as well as travel 
information such as flight information and the address of the traveler 
in the CNMI. Travelers must also answer eligibility questions 
regarding, for example: communicable diseases, arrests and convictions 
for certain crimes, and past history of visa revocation or deportation. 
In addition to the Form I-736 data elements, in order for CBP to 
initially determine if the applicant is eligible to travel under the 
CNMI EVS-TAP before the individual commences travel to the CNMI, the 
CNMI EVS-TAP questions also include questions regarding the status of 
the traveler's family and finances, occupation, and previous visits to 
Guam and/or the CNMI.
e. Scope of CNMI EVS-TAP Electronic Travel Authorization
    An approved CNMI EVS-TAP electronic travel authorization only 
allows a noncitizen to board a conveyance for travel to a U.S. port of 
entry in the CNMI and does not restrict, limit, or otherwise affect the 
authority of CBP to determine a traveler's admissibility to the CNMI 
during inspection at a port of entry.
f. Duration
    Each travel authorization will be valid for a period of no more 
than one year. A noncitizen may travel to the CNMI repeatedly within 
the validity period of the travel authorization using the same travel 
authorization. Pursuant to INA section 212(a)(7)(B)(i)(I) (8 U.S.C. 
1182(a)(7)(B)(i)(I)) and implementing regulations at 8 CFR 
214.1(a)(3)(i), the passport of an applicant for admission must be 
valid for a minimum of six months from the expiration date of the 
contemplated period of stay. Travelers

[[Page 3310]]

whose CNMI EVS-TAP electronic travel authorization applications are 
approved, but whose passports will expire in less than one year but 
greater than six months, will receive travel authorization that is 
valid only until six months prior to the expiration date on the 
passport. Travelers whose passports will expire in six months or less 
will not receive a travel authorization.
    The Secretary, in consultation with the Secretary of the Interior 
and the Secretary of State, may increase or decrease the CNMI EVS-TAP 
travel authorization validity period otherwise authorized. See INA sec. 
212(l)(3) (8 U.S.C. 1182(l)(3)). Notice of any change to the CNMI EVS-
TAP travel authorization validity period will be published in the 
Federal Register. The CNMI EVS-TAP website will be updated to reflect 
the travel authorization validity period.
g. Events Requiring New Travel Authorization
    A CNMI EVS-TAP traveler must obtain a new electronic travel 
authorization in advance of travel to the CNMI within the validity 
period of the traveler's current travel authorization if any of the 
following occurs:
    (1) The traveler is issued a new passport;
    (2) The traveler's name changes;
    (3) The traveler's gender changes;
    (4) The traveler's country of citizenship changes; or
    (5) The circumstances underlying the traveler's previous responses 
to any of the CNMI EVS-TAP electronic travel authorization application 
questions requiring a ``yes'' or ``no'' response (eligibility 
questions) have changed.
h. Fee
    At this time, payment of a fee will not be required to obtain a 
travel authorization. If DHS determines at a later time, however, that 
collection of a fee is necessary for the efficient administration of 
the CNMI EVS-TAP electronic travel authorization requirement, DHS will 
implement a fee through a separate rulemaking action or such other 
manner as is consistent with the Administrative Procedure Act and 
applicable statutory authorities.
10. Severability
    To the extent that any portion of the requirements arising from 
this rule is declared invalid by a court, DHS intends for all other 
parts of the rule that are capable of operating in the absence of the 
specific portion that has been invalidated to remain in effect.
11. Implementation Date
    The requirements of the new 8 CFR 212.1(r) will take effect 45 days 
after the publication by the Secretary of notification in the Federal 
Register announcing the implementation of CNMI EVS-TAP. This delay in 
implementation will allow CBP to first establish automation of the Form 
I-736 and the G-CNMI VWP, and then integrate CNMI EVS-TAP. Note that 
this IFR has a delayed effective date until September 30, 2024, then 
the 60-day transition period begins for the electronic travel 
authorization requirement for the G-CNMI VWP. It will not be until 
sometime after 60 days after this IFR is effective that DHS will 
announce the implementation of CNMI EVS-TAP in the Federal Register.

B. Conforming Amendments and Revision of CBP Form I-760

    This rule makes several conforming amendments to the regulations to 
account for the CNMI EVS-TAP. This rule makes two changes to 8 CFR 
212.1(q) to account for CNMI EVS-TAP and the new 8 CFR 212.1(r). The 
first change impacts 8 CFR 212.1(q)(6) regarding bonding requirements. 
Part of the second recommendation made in the 902 Consultations 
regarding the creation of CNMI EVS-TAP is that the United States will 
explore adding bonding requirements as discussed in the CNRA.\52\ 
Section 702(b) of the CNRA requires that the regulations implementing 
the G-CNMI VWP, and thus the CNMI EVS-TAP, include any bonding 
requirements for nationals of some or all of those countries who may 
present an increased risk of overstaying their period of authorized 
stay or other potential problems, if different from such requirements 
otherwise provided by law for nonimmigrant visitors.\53\ The general 
bonding requirements provided by law for nonimmigrant visitors are 
found in section 214(a)(1) of the INA (8 U.S.C. 1184(a)(1)), which 
allows the Secretary to prescribe by regulations when the Secretary 
deems necessary the giving of a bond and the sum and conditions thereof 
for the admission of a nonimmigrant. Accordingly, 8 CFR 
214.1(a)(3)(iii) sets forth who may require a bond from a nonimmigrant, 
the appropriate form, and the minimum sum. See also 8 CFR 103.6 
(regarding the procedures for posting, processing, and cancellation of 
surety bonds in immigration cases).
---------------------------------------------------------------------------

    \52\ Report to the President on 902 Consultations Related to the 
DHS Discretionary Parole Program (May 15, 2019), p. 10, available at 
https://www.doi.gov/sites/doi.gov/files/uploads/final_902_report.pdf.
    \53\ See section 702(b)(3) of the CNRA, 122 Stat. at 861 (INA 
sec. 212(l)(3)(B), as amended (8 U.S.C. 1182 (l)(3)(B))) (emphasis 
added).
---------------------------------------------------------------------------

    DHS has not imposed any bonding requirements different from such 
requirements otherwise provided by law for nonimmigrant visitors for 
travelers seeking admission into Guam or the CNMI under the G-CNMI VWP. 
For clarity, DHS is removing the applicable text regarding bonding 
requirements from 8 CFR 212.1(q)(6). To date, DHS has not utilized 8 
CFR 212.1(q)(6) to require a bond on behalf of any traveler seeking 
admission under the G-CNMI VWP. Similar to the discussion above in 
Section V.A.6. regarding bonding requirements under the CNMI EVS-TAP, 
at this time DHS is not imposing any bonding requirements different 
from such requirements otherwise provided by law for nonimmigrant 
visitors for travelers seeking admission into Guam or the CNMI under 
the G-CNMI VWP. The general bonding requirements for nonimmigrants 
continue to apply, although they are rarely used. If DHS determines 
that additional bonding requirements are necessary, DHS will amend the 
regulations accordingly and has reserved the applicable text of 8 CFR 
212.1(q)(6) to do so.
    The second change to 8 CFR 212.1(q) made by this rule to account 
for CNMI EVS-TAP and the new 8 CFR 212.1(r) addresses severability. 
This rule adds new 8 CFR 212.1(q)(10), which provides that to the 
extent that any portion of the requirements arising from this rule is 
declared invalid by a court, DHS intends for all other parts of the 
rule that are capable of operating in the absence of the specific 
portion that has been invalidated to remain in effect.
    This rule also amends 8 CFR 214.1, regarding ineligibility for 
extensions of stay, to add a limitation regarding extensions of stay 
for CNMI EVS-TAP travelers. Currently, 8 CFR 214.1(c)(3)(viii) provides 
that nonimmigrants who are admitted into the United States as visitors 
for business or pleasure pursuant to the G-CNMI VWP are ineligible for 
an extension of stay. This amendment provides that nonimmigrants 
admitted pursuant to the CNMI EVS-TAP are also ineligible for an 
extension of stay.
    This rule also amends 8 CFR 233.6 to require transportation lines 
bringing travelers to the CNMI under the CNMI EVS-TAP to enter into an 
agreement on CBP Form I-760. Currently, transportation lines 
transporting nonimmigrant visitors under the G-CNMI VWP into Guam or 
the CNMI from foreign territories must enter into a contract with CBP 
by executing CBP Form I-760 ``Guam-CNMI Visa Waiver

[[Page 3311]]

Agreement'' (I-760). Additionally, CBP Form I-760 will be revised to 
reflect the automation of the G-CNMI VWP and the establishment of the 
CNMI EVS-TAP.

VI. Statutory and Regulatory Reviews

A. Administrative Procedure Act

    Section 702(b) of CNRA directs that all regulations necessary to 
implement the G-CNMI VWP shall be considered a foreign affairs function 
for purposes of section 553(a) of the Administrative Procedure Act 
(APA). Even without this directive from the CNRA, for the reasons 
discussed below this rule involves a foreign affairs function of the 
United States. DHS, after consultation with the Departments of State 
and Interior, is adopting this rule to advance the President's foreign 
policy goals and this rule directly involves relationships between the 
United States and its noncitizen visitors. Requiring noncitizen 
visitors to submit their information electronically in advance of 
travel and receive an electronic travel authorization prior to 
embarking on a carrier for travel to Guam or the CNMI is an integral 
part of the administration of the G-CNMI VWP and its sub-program CNMI 
EVS-TAP, programs that involve an inherently foreign affairs function 
of the United States. Specifically, the G-CNMI VWP enables eligible 
citizens or nationals of designated countries and geographic areas to 
travel to Guam or the CNMI for tourism or business for stays of 45 days 
or less without first obtaining a visa, provided they meet certain 
requirements. Similarly, the CNMI EVS-TAP enables eligible nationals of 
the PRC to travel to the CNMI for tourism or business for stays of 14 
days or less without first obtaining a visa, provided they meet certain 
requirements. Among other things, travelers under the G-CNMI VWP or the 
CNMI EVS-TAP must have valid electronic travel authorizations. As part 
of the screening process, CBP reviews available information regarding 
G-CNMI VWP and CNMI EVS-TAP applicants to determine whether they 
present a concern to U.S. national security or law enforcement (to 
include immigration enforcement) interests. Thus, any rulemaking 
actions undertaken to implement G-CNMI VWP and CNMI EVS-TAP are exempt 
from APA notice and comment requirements. Accordingly, this IFR is 
exempt from the notice and comment and 30-day effective date 
requirements of the APA. Although DHS is not required to provide prior 
public notice or an opportunity to comment, DHS is nevertheless 
providing the opportunity for public comments.

B. Executive Orders 12866 and 13563

    Executive Order 12866, as amended by Executive Order 14094, and 
Executive Order 13563 direct agencies to assess the costs and benefits 
of available regulatory alternatives and, if regulation is necessary, 
to select regulatory approaches that maximize net benefits (including 
potential economic, environmental, public health and safety effects, 
distributive impacts, and equity). Executive Order 13563 emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. DHS has reviewed 
the IFR to ensure its consistency with the regulatory philosophy and 
principles set forth in those Executive Orders and has prepared the 
following economic analysis of the potential impacts of this IFR.
    This IFR creates an electronic travel authorization requirement for 
the current G-CNMI VWP similar to the current travel authorization 
requirement via the Electronic System for Travel Authorization (ESTA) 
for the general Visa Waiver Program established by section 217 of the 
INA (8 U.S.C. 1187) (general VWP).\54\ This IFR also creates the CNMI 
EVS-TAP, a restricted sub-program of the G-CNMI VWP. The IFR will be 
implemented in two phases, with the second phase occurring once the 
first phase has been successfully implemented. The first phase involves 
visitors from G-CNMI VWP countries and geographic areas. Travelers to 
Guam and the CNMI will be required to fill out an electronic Form I-
736, rather than the paper CBP Form I-736, in advance of travel using 
the G-CNMI VWP electronic travel authorization website. The IFR 
requires G-CNMI VWP travelers to receive a positive determination of 
travel authorization from CBP to board a plane to Guam or the CNMI. The 
first phase also involves visitors from the PRC seeking parole. PRC 
travelers to the CNMI seeking parole will also be required to fill out 
an electronic Form I-736, rather than the paper CBP Form I-736, in 
advance of travel using the G-CNMI VWP electronic travel authorization 
website and receive a positive determination of travel authorization 
from CBP to board a plane to the CNMI. The second phase involves 
travelers from the PRC traveling to the CNMI only (not including Guam). 
Once CNMI EVS-TAP is implemented, the current parole policy will be 
discontinued, and PRC travelers could be eligible to travel to the CNMI 
for a maximum stay of 14 days without obtaining a visa prior to travel. 
Similar to the first phase of this IFR, under CNMI EVS-TAP, PRC 
travelers will be required to submit an electronic Form I-736, along 
with responses to an additional set of vetting questions, in order to 
receive travel authorization from CBP.
---------------------------------------------------------------------------

    \54\ The travel authorization via ESTA requirement for the 
general VWP is provided in 8 CFR 217.5. There are several 
substantive differences between the travel authorization 
requirements for the general VWP and the G-CNMI VWP: (1) travel 
authorization via ESTA for the general VWP allows for travel to the 
entire United States, whereas travel authorization via electronic 
Form I-736 for the G-CNMI VWP allows for travel only to Guam or the 
CNMI; (2) travel authorization via ESTA is a requirement for general 
VWP travelers intending to arrive at land ports of entry in the 
United States, which is not applicable to the G-CNMI VWP, as Guam 
and the CNMI are not contiguous with any other country or geographic 
area; (3) section 217(h)(3)(C)(iv) of the INA (8 U.S.C. 
1187(h)(3)(C)(iv)) explicitly excludes travel authorization 
determinations via ESTA from judicial review, but there is no such 
explicit provision for G-CNMI VWP travel authorization 
determinations; and (4) there are fees for applying for travel 
authorization via ESTA (see 8 CFR 217.5(h)), while there are not 
currently fees for applying for travel authorization for G-CNMI VWP 
travelers.
---------------------------------------------------------------------------

    After careful review and a detailed analysis of the actions 
contained within this rulemaking, CBP has concluded that this IFR will 
result in benefits justifying the costs. For the 5-year period 
analyzed, the present value (PV) cost of the rulemaking is estimated at 
$7,018,942 (PV, discounted at 7-percent), which includes associated 
information technology (IT) costs with the automation of Form I-736, as 
well as developing the public facing CNMI EVS-TAP website. The present 
value benefits are $11,956,620 (PV, 7-percent), which results from 
improved processing times at Federal Inspection Services (FIS), a 
reduction in costs to both CBP and carriers associated with individuals 
found to be inadmissible at Guam-CNMI POEs, and savings to CBP from 
eliminating manual data entry and storage of the current paper CBP Form 
I-736. The net present value (NPV, 7-percent) is calculated at 
$4,937,678.
Background
Current Process
    Under the current process, travelers from G-CNMI VWP participating 
countries and geographic areas can travel for business or pleasure 
purposes to Guam or the CNMI without obtaining a visa for a period not 
to exceed 45 days. Upon arrival, travelers provide CBP officers their 
paper CBP Form I-736. Travelers can access CBP Form I-736 by visiting 
CBP's website. The traveler can choose to fill out the form

[[Page 3312]]

electronically, print it, and provide it to the CBP officer, or the 
traveler can print and fill out by hand as well. Carriers also provide 
a paper version of CBP Form I-736 to passengers who need it prior to 
arrival in Guam or the CNMI. Form I-736 has a set of vetting questions 
that the CBP officer reviews at the FIS and uses the information to 
determine admissibility to Guam or the CNMI. Travelers arriving in the 
CNMI from the PRC must present themselves to a CBP officer with the CBP 
Form I-736 filled out and then generally are paroled into the CNMI for 
a period not to exceed 14 days. PRC nationals are required to obtain a 
visa to enter Guam.
Process: Phase I and Phase II
    Under this IFR, CBP is replacing the current process with a new 
process that adapts currently available technology. Under this IFR, the 
traveler information contained in Form I-736 will be submitted by 
travelers in advance, prior to boarding a carrier, to CBP and DHS. 
Travelers from G-CNMI VWP countries and geographic areas must receive 
from CBP a determination of travel eligibility prior to embarking on a 
carrier for travel to either Guam or the CNMI. Similarly, PRC nationals 
must also receive a determination of travel eligibility prior to 
boarding a carrier destined to the CNMI. PRC nationals will still be 
required to obtain a visa to enter Guam. CBP is implementing this rule 
in two phases.
    In particular, this IFR involves the collection of information 
provided on Form I-736 from travelers arriving in either Guam or the 
CNMI from current G-CNMI VWP participating countries and geographic 
areas. This rule changes the mechanism by which traveler information is 
processed.\55\ Under this IFR, travelers will instead respond and 
submit their personal and travel information responses to CBP and DHS 
in advance via an electronic version of Form I-736 that will be 
available on the DHS-CBP website. Under CNMI EVS-TAP in Phase II, the 
Form I-736 for PRC nationals will have an additional set of pre-vetting 
questions than those traveling under the G-CNMI VWP to make a 
determination of travel eligibility. These changes allow DHS and CBP to 
perform more effective vetting of travelers entering Guam and the CNMI.
---------------------------------------------------------------------------

    \55\ Note that this rule does not change the length of admission 
and remains the same at 45 days for travelers from G-CNMI VWP 
participating countries.
---------------------------------------------------------------------------

    Under this IFR, travelers from all countries and geographic areas 
that are part of the G-CNMI VWP must begin using the new automated 
electronic Form I-736, and use of the current paper CBP Form I-736 will 
be discontinued. This regulatory impact analysis studies the economic 
impact of automating Form I-736, and the creation of the CNMI EVS-TAP. 
The implementation of CNMI EVS-TAP will occur once the automation of 
the electronic Form I-736 is complete.
Phase I
    The first phase of this rule affects travelers from G-CNMI VWP 
participating countries and geographic areas traveling to Guam or the 
CNMI, and PRC nationals seeking parole traveling to the CNMI, for 
business or pleasure purposes. These travelers will be required to 
access the electronic version of Form I-736, provide the required 
information, and receive an electronic travel authorization prior to 
boarding a carrier to Guam or the CNMI. DHS and CBP recommend that 
travelers obtain travel authorizations prior to the time of reservation 
or purchase of the ticket, or at least five days before departure to 
Guam or the CNMI, in order to facilitate timely departures. The 
recommended five days will provide DHS and CBP time to conduct the 
necessary pre-vetting investigation process prior to the traveler's 
departure. The traveler's information is reviewed against various U.S. 
and international law enforcement agency databases to ensure travel 
eligibility to the United States. Once the vetting is complete, CBP 
will provide the traveler with a determination of travel eligibility. 
This process is similar to the ESTA process for travel under the 
general VWP.
    Soon after travelers input their information into the electronic 
Form I-736, travelers, in most cases, will receive a positive 
determination of travel eligibility, that is, an electronic travel 
authorization. An electronic travel authorization is required to travel 
to Guam or the CNMI under the G-CNMI VWP, but is not a determination 
that the traveler ultimately is admissible to Guam or the CNMI. A 
determination of admissibility to Guam or the CNMI will still be made 
by a CBP officer at the face-to-face interview at an FIS facility area. 
Under the rule, CBP will have access to the traveler's electronic Form 
I-736 in advance and prior to arrival at Guam or the CNMI. Having the 
traveler's personal and travel information in advance will help CBP 
identify potential grounds of ineligibility for admission before the G-
CNMI VWP traveler embarks on a carrier destined for Guam or the CNMI. 
The process will also help travelers in shortening their time at 
inspection, as well as decreasing the number of travelers turned away 
at the port of entry because of inadmissibility. Another anticipated 
outcome of this IFR is that carriers are expected to experience a 
decrease in costs from transporting individuals who are deemed to be 
inadmissible to the United States. These expected outcomes are 
discussed in further detail below, under ``Benefits of the Rule.''
Phase II
    The second phase of this rulemaking will be implemented once the 
automation of Form I-736 has been successfully completed. The timeframe 
allows for the implementation, testing, and operations of Phase I to be 
completed successfully before implementing Phase II.
    Phase II involves the development of a sub-program to the G-CNMI 
VWP, known as CNMI EVS-TAP. CNMI EVS-TAP will allow PRC nationals to 
enter the CNMI (but not Guam) for a maximum of 14 days without 
requiring either a visa to the United States or receiving a grant of 
discretionary parole. Under this IFR, and similar to the requirements 
for G-CNMI VWP travelers and PRC nationals seeking parole traveling to 
the CNMI in Phase I, PRC nationals seeking to travel to the CNMI under 
the CNMI EVS-TAP will have to access the electronic Form I-736, though 
now with additional questions specific to the CNMI-EVS-TAP, provide the 
required traveler information, and receive an electronic travel 
authorization prior to boarding a carrier to the CNMI. The required 
determination of travel eligibility will be provided by the CNMI EVS-
TAP system once the traveler provides the requested personal and travel 
information and the traveler is vetted as described above in Phase I. 
The CNMI EVS-TAP system builds on the G-CNMI VWP system and is thus 
similar to the current ESTA, a program used in the general VWP, as 
described above, and is also similar to the Electronic Visa Update 
System (EVUS), a program used by certain PRC nationals to update 
biographic and other information to maintain visa validity prior to 
travel to the United States.\56\ CNMI EVS-TAP will provide a channel 
through which personal and travel information is collected by CBP for 
security vetting purposes during the prescreening investigation 
process. Depending on the outcome of the investigation, a travel

[[Page 3313]]

authorization will be provided to the individual, who must receive it 
in advance of travel to the CNMI.
---------------------------------------------------------------------------

    \56\ See 8 CFR part 215, subpart B. Pursuant to 8 CFR 215.22, 
DHS identified the PRC as an EVUS country in a Federal Register 
notice published on October 20, 2016. 81 FR 72600.
---------------------------------------------------------------------------

    Under the current process, when an eligible PRC passport holder 
arrives at the CNMI without a visa, the traveler typically receives 
discretionary parole from the Port Director to enter the CNMI. Under 
Phase I of this rulemaking, PRC nationals that intend to seek parole 
will have to fill out the electronic Form I-736 prior to boarding a 
carrier, and CBP will make a determination of travel eligibility. Under 
Phase II of this rulemaking, once CNMI EVS-TAP is implemented, the 
electronic Form I-736 for PRC nationals seeking to travel under the 
CNMI EVS-TAP will have an additional set of pre-vetting questions than 
those traveling under the G-CNMI VWP to make a determination of travel 
eligibility. As such, Phase II of this rulemaking involves 
transitioning PRC nationals from the current discretionary parole 
policy, and instead processing them for admission under the CNMI EVS-
TAP similar to those under the G-CNMI VWP, but with a shorter admission 
period.
Economic Impact of the Rule
    CBP anticipates that this rule will have positive net benefits, 
meaning that economic benefits justify the economic costs. As more 
fully discussed below, the net economic benefit is expected to be 
$6,866,537, undiscounted over a five-year period of analysis.
    CBP has identified the following economic costs of this rule: (1) 
development of the required software to automate electronic Form I-736 
to process passenger information and provide the determination of 
travel eligibility and required electronic travel authorizations; (2) 
development of the required electronic travel authorization system 
specific to CNMI EVS-TAP to process and update PRC-related traveler 
information; (3) maintenance costs associated with continuous use of 
the software, including occasional software updates for both G-CNMI VWP 
participating travelers and PRC nationals (initially those seeking 
parole, and then CNMI-EVS TAP participants); (4) increased time burden 
of two minutes for G-CNMI VWP participants to access the CBP-DHS 
website; and (5) increased time burden of two minutes for CNMI EVS-TAP 
users to access the CBP-DHS website, and an additional five minutes to 
answer an additional set of vetting questions, for a total additional 
time burden of seven minutes, per response. CBP already has a similar 
digital database program in place, but will need to make modifications 
for the implementation of program associated with this rule.
    CBP has identified the following benefits from the rule: (1) 
decrease in administrative costs to CBP from manually entering the 
information contained in the paper CBP Form I-736 into a database, and 
subsequently storing the paper files in a storage facility; (2) 
decrease in the number of individuals found to be inadmissible to the 
United States at the POE which leads to a decrease in airline costs for 
transporting individuals who are found to be inadmissible to the United 
States; and (3) an increase in national security from a more effective 
vetting process of individuals seeking to harm the United States.
Baseline
    The baseline used in this analysis is the current regulatory status 
quo, which includes the current regulations for travelers arriving to 
Guam and the CNMI under the current G-CNMI VWP. Against this baseline, 
we consider the regulatory changes provided by this rulemaking: the 
automation of Form I-736 for individuals traveling from participating 
G-CNMI VWP countries and geographic areas and the development of CNMI 
EVS-TAP for PRC nationals entering the CNMI. We use a five-year period 
of analysis, from 2022-2026.
Population Affected by Rule
    CBP has historical information on yearly arrivals to both Guam and 
the CNMI from the participating countries and geographic areas. CBP 
uses this information to forecast future travel patterns from 
participating countries and geographic areas to anticipate the 
potential economic impact of the rule. CBP has information from fiscal 
years 2015 through 2020. However, in this analysis, CBP uses fiscal 
years 2015 through 2019 to provide arrival forecasts for future years. 
CBP does not use fiscal year 2020 because of the travel uncertainty 
associated with the COVID-19 global pandemic in 2020. Due to the 
uncertainty, this analysis provides the economic impact of the rule as 
if travel, the economy, and international borders were restored to 
patterns similar to those before the COVID-19 pandemic.
    Table 1 shows the number of arrivals to both Guam and the CNMI for 
fiscal years 2015 to 2019 from the 12 participating G-CNMI VWP 
countries and geographic areas. On average, there are 1.4 million 
visitors per year to Guam and the CNMI. From FY 2015 to FY 2016, the 
majority of arrivals are passport holders from Japan, consisting of 
more than 50-percent for FY 2015 and 50-percent for FY 2016. Between FY 
2017 to FY 2020, the majority of arrivals to the islands are passport 
holders from South Korea. Arrivals to Guam and the CNMI from all other 
G-CNMI VWP participating countries and geographic areas was less than 
five-percent for any given year. Travelers from the PRC are not 
eligible for the G-CNMI VWP, but may be paroled into the CNMI. Table 2 
shows the historical data on arrivals to the CNMI only from PRC 
nationals seeking to be paroled between FY 2015 to FY 2019. Arrivals 
from the PRC steadily increased from FY 2015 to FY 2019.
---------------------------------------------------------------------------

    \57\ Source: BorderStat, ATS-P, accessed Jun. 29, 2022. Inbound 
arrivals to Guam and the CNMI all modes.

                                                   Table 1--G-CNMI VWP Arrivals to Guam and CNMI \57\
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Country or geographic area                     FY 2015         FY 2016         FY 2017         FY 2018         FY 2019          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Australia...............................................             698             539             440             378             369           2,424
Brunei..................................................               2               0               1               6               1              10
Hong Kong...............................................             352             970           2,344           2,699           2,479           8,844
Japan...................................................         707,421         621,534         471,393         386,033         456,321       2,642,702
Malaysia................................................             208             235             567             426             495           1,931
Nauru...................................................              12               9               7              28              22              78
New Zealand.............................................             137             159             139             133             110             678
Papua New Guinea........................................             205             275              73              60              55             668
South Korea.............................................         489,519         581,744         715,564         762,479         697,602       3,243,908
Singapore...............................................             151             173             142             153             127             746

[[Page 3314]]

 
Taiwan..................................................          35,144          33,820          29,590          20,182          20,433         139,169
United Kingdom..........................................             689             674             945             565             534           3,407
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................       1,234,538       1,240,132       1,218,205       1,173,142       1,178,548       6,044,565
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                    Table 2--PRC Arrivals at the CNMI Seeking Parole
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Arrivals to the CNMI                     FY 2015          FY 2016          FY 2017          FY 2018          FY 2019           Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
PRC arrivals at the CNMI..........................         108,952          136,911          184,378          213,827          164,564          808,632
--------------------------------------------------------------------------------------------------------------------------------------------------------

Future Arrivals to Guam and CNMI
    Table 3 presents future forecasts of travel to Guam and the CNMI, 
and is used to compare the effect of the regulation. Using the data 
presented in Table 1, the number of arrivals to Guam and the CNMI grew 
at a compound annual growth rate of -1.15 percent between fiscal years 
2015 and 2019. CBP uses this rate to forecast future travel to the 
islands.\58\
---------------------------------------------------------------------------

    \58\ CBP does not expect a significant change in travel to Guam 
or the CNMI as a result of this IFR.
    \59\ DHS is aware that the outbreak of COVID-19 will likely 
reduce the number of trips/arrivals in the short run. Consequently, 
using historical growth rates from FY 2015 to FY 2019 to estimate FY 
2022 to FY 2026 trips/arrivals will not reflect any impacts from the 
COVID-19 pandemic. It is not clear what level of reductions the 
pandemic will have on travel to Guam and the CNMI, or how DHS would 
estimate such an impact with any precision given available data. 
Therefore, the projections in Table 3 could be overestimates, 
especially for the year 2022.

                           Table 3--G-CNMI VWP Expected Arrivals to Guam and CNMI \59\
----------------------------------------------------------------------------------------------------------------
   Country or geographic area         FY 2022         FY 2023         FY 2024         FY 2025         FY 2026
----------------------------------------------------------------------------------------------------------------
Australia.......................             365             361             357             353             349
Brunei..........................               1               1               1               1               1
Hong Kong.......................           2,451           2,423           2,395           2,367           2,340
Japan...........................         451,074         445,886         440,759         435,690         430,680
Malaysia........................             490             484             479             473             468
Nauru...........................              22              22              22              22              21
New Zealand.....................             109             108             107             106             104
Papua New Guinea................              55              54              54              53              52
South Korea.....................         689,580         681,650         673,811         666,062         658,402
Singapore.......................             126             125             123             122             120
Taiwan..........................          20,199          19,966          19,737          19,510          19,285
United Kingdom..................             528             522             516             510             504
                                 -------------------------------------------------------------------------------
    Total.......................       1,165,000       1,151,602       1,138,361       1,125,269       1,112,326
----------------------------------------------------------------------------------------------------------------

Economic Costs of Rule 60
---------------------------------------------------------------------------

    \60\ See OMB Circular A-4. Please note this analysis is 
performed from a global perspective, and includes foreign 
individuals who travel to the United States. Notice that most of the 
costs of the rule (except for CBP costs) will be incurred by foreign 
travelers that are not U.S. citizens or permanent residents.
---------------------------------------------------------------------------

    CBP has identified five relatively major potential sources of costs 
from the rule: \61\ (1) automation of electronic Form I-736; (2) 
development of CNMI EVS-TAP software; (3) a one-time fixed cost and 
continued maintenance of the automated Form I-736 and CNMI EVS-TAP; (4) 
increased time burden of two minutes for G-CNMI VWP participants to 
access the CBP-DHS website; and (5) increased time burden of two 
minutes for CNMI EVS-TAP users to access the CBP-DHS website, and an 
additional five minutes to answer an additional set of vetting 
questions, for a total additional time burden of seven minutes, per 
response. In addition, CBP has determined that the expanded 
transmission of traveler information between the carrier and CBP will 
have no additional cost. The transmitted information will contain the 
traveler's background and travel information, and is similar to that in 
the current ESTA and EVUS programs. This is not expected to increase 
costs because carriers already have the capabilities to transmit this 
information and receive information from CBP regarding a passenger's 
boarding status. The automated Form I-736 information and electronic 
travel authorization status will be another component in determining a 
passenger's boarding status that will be implemented in the existing 
messaging capabilities between CBP and the carriers.
---------------------------------------------------------------------------

    \61\ CBP has also considered the following costs: It may be the 
case that travel agents incur costs to assist their clients in 
complying with this IFR; however, CBP anticipates that this 
additional cost to travel agents would be passed on to their clients 
and it would not be greater than the cost that would be incurred if 
the client filed the data themselves. In the case that a travel 
authorization is denied, travelers have the ability to obtain a 
visa, which would have additional costs. However, CBP does not 
expect many individuals who are denied a travel authorization to be 
able to successfully obtain a visa, so we do not include those costs 
in this analysis. Further, those denied travel authorizations would 
be likely to be denied admission by the CBP officer under the 
baseline, in which case they would have the option to seek the visa 
under the baseline as well. CBP therefore does not believe there are 
meaningful visa costs resulting from this rule.
---------------------------------------------------------------------------

CBP Information Technology Costs
    CBP currently has a program that provides travelers with a 
determination of travel eligibility to the United States: ESTA, which 
is used to authorize travel in accordance with the general VWP. A 
similar electronic travel authorization system will need to be 
developed for the G-CNMI VWP. As previously

[[Page 3315]]

mentioned, current practice requires travelers, without an approved 
ESTA, from a G-CNMI VWP participating country or geographic area or 
from the PRC seeking parole into the CNMI, to present a completed and 
signed paper CBP Form I-736. Travelers may fill out the digital format 
of CBP Form I-736, print and sign the document; print the CBP Form I-
736, fill it out and sign it; or fill out and sign a provided paper CBP 
Form I-736. Automation of the electronic Form I-736 will require a 
transformation in the information technology currently used for this 
form. Under this IFR, a traveler will input the Form I-736 information 
and submit it to CBP electronically.\62\ CBP will then use this 
information to provide a determination of travel eligibility. 
Similarly, once CNMI EVS-TAP is implemented, PRC nationals--along with 
additional specifications and requirements--will electronically provide 
the Form I-736 information along with answers to additional vetting 
questions, to receive a determination of travel eligibility. Although a 
similar program such as ESTA already exists within CBP, the automation 
of the Form I-736 is expected to be a cost to CBP and the U.S. Federal 
Government.
---------------------------------------------------------------------------

    \62\ Please note that this process would also allow travelers to 
print their Form I-736 for their own records.
---------------------------------------------------------------------------

    Although CBP already has a website and software programs that will 
be nearly identical to what is currently being implemented in this 
rulemaking, the development of software and program website to 
implement the automation of Form I-736 (Phase I) and the development of 
CNMI EVS-TAP (Phase II) are included and quantified in this analysis. 
Since the software and website will be similar to that currently used 
in EVUS and ESTA, the cost to CBP for developing these components is 
expected to be less than the original costs to develop the EVUS and 
ESTA programs. Because a portion of the CNMI EVS-TAP includes 
automation of Form I-736, the development of both the Form I-736 
automation for Phase I and the additional questions and separate tab 
for CNMI EVS-TAP for Phase II will are interrelated and the cost is not 
broken down between the two phases. The website components include: (1) 
creation of a public facing website(s) for travelers to submit the 
required information, including biographical data and eligibility 
questions; (2) creation of at least one internal website for CBP 
officers to be able to view and modify an application; (3) creation of 
a database to store the application(s) with the ability for other 
applications to view or modify (approve or deny) those applications; 
(4) a process for accepting the application, verifying email address, 
auditing, adjudicating, screening and emailing the application and 
emailing the applicant with notification of a decision, along with the 
ability for the applicant to return and view the status of the 
application; and (5) developing and enhancing interconnectivity between 
CBP information systems to query and/or validate applicant information.
    CBP currently has two programs (ESTA and EVUS) that have identical 
components to the ones just described, including external and internal 
website, a database to store applications, a process for accepting, 
screening, and emailing notifications. In 2008, DHS and CBP published 
an IFR, which included the implementation of the Electronic System for 
Travel Authorization, also known as ESTA.\63\ ESTA provides an advance 
determination of travel authorization to citizens of 40 countries in 
the general VWP. Many of the functional components of the G-CNMI VWP, 
Automation of Form I-736, will be identical to the current ESTA 
program. CBP does not anticipate needing to develop a program in terms 
of new information technology for the G-CNMI VWP, and instead is 
duplicating components of the ESTA program and tailoring it to the G-
CNMI VWP. The IT costs of developing the program for the G-CNMI VWP are 
presented in Table 4, and include both program development and annual 
operations and maintenance costs.
---------------------------------------------------------------------------

    \63\ See Changes to the Visa Waiver Program To Implement the 
Electronic System for Travel Authorization (ESTA) Program, 73 FR 
32440 (June 9, 2008); see also 8 CFR 217.5.
---------------------------------------------------------------------------

    Under this IFR, the G-CNMI VWP electronic travel authorization 
requirement will improve the current processing of travelers at both 
Primary and Secondary inspections, as well as improve the determination 
of a traveler's admissibility to Guam or the CNMI along with the 
verification of information. The verification occurs with the already 
existing Advance Passenger Information System (APIS), Traveler Primary 
Arrival Client (TPAC), and Lookout Record Data and Screening Services 
(LRDS). Because this verification of traveler information is done 
automatically by computers, and CBP and carriers will continue to use 
existing messaging capabilities, expansion of the use of this existing 
infrastructure for vetting and communicating ``board'' or ``no board'' 
messages to carriers will not result in an increase in costs to CBP or 
carriers.
    Under this IFR, CBP and DHS are establishing a sub-program to the 
G-CNMI VWP, known as CNMI EVS-TAP. The purpose of the sub-program will 
allow PRC nationals to be admitted to the CNMI without a visa for 
nonimmigrant travel. Under the current parole process, PRC nationals 
have been allowed to travel to the CNMI for a period not to exceed 14 
days. Under CNMI EVS-TAP, PRC nationals will continue to be allowed 
travel to the CNMI for business or pleasure purposes for a period of 14 
days.\64\ Assuming all requirements are met, PRC nationals will receive 
a determination of travel eligibility. Although the IT is similar to a 
current program that already exists--EVUS--the development of CNMI EVS-
TAP is expected to be a cost to CBP and the U.S. Federal Government.
---------------------------------------------------------------------------

    \64\ Note: please refer to the regulatory text for 
specifications and additional requirements.
---------------------------------------------------------------------------

    Since CNMI EVS-TAP will include the automation of Form I-736, all 
of the components to automate Form I-736 are already included within 
the broader G-CNMI VWP. PRC nationals traveling to the CNMI under CNMI 
EVS-TAP, however, will have to answer and submit an additional set of 
screening questions to CBP than those traveling from participating G-
CNMI VWP countries and geographic areas. CNMI EVS-TAP will be specific 
for PRC nationals traveling to the CNMI only, and will replace the 
current parole process. Under this IFR, PRC nationals will be able 
receive a determination of travel eligibility to the CNMI without the 
need to obtain a visa. Note that PRC nationals will still have the 
option of applying and obtaining a visa to visit the United States. PRC 
nationals with an approved visa must enroll in EVUS and provide or 
update personal and travel information in order to receive a 
determination of travel eligibility. In a sense, CNMI EVS-TAP will be a 
smaller scaled version of EVUS, and CNMI EVS-TAP will have similar 
functional components in terms of information technology requirements 
as EVUS. CBP anticipates maintenance costs associated with the 
automated Form I-736, as well as the CNMI EVS-TAP program for PRC 
nationals.
    Table 4 summarizes the IT costs associated with the development and 
implementation of Phase I and Phase II of this rulemaking regarding G-
CNMI VWP Automation and CNMI EVS-TAP (the Guam-CNMI program). Program 
costs are divided into two categories, with the first being development 
of the software and the DHS-CBP website for

[[Page 3316]]

both phases incurred in the first year, and the second as operation and 
maintenance costs for the subsequent four years. The program's total 
development is estimated at $3,169,486 incurred in the first year, with 
operations and maintenance starting at $646,575 undiscounted in the 
second year and rising to $686,151 undiscounted in the program's fifth 
year. The program's total implementation cost is estimated at 
$5,834,416 undiscounted over the next five-year period.

                                                     Table 4--Guam-CNMI Program Implementation Costs
                                                                    [Phase I and II]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Cost category                           FY 2022         FY 2023         FY 2024         FY 2025         FY 2026          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Development.............................................      $3,169,486  ..............  ..............  ..............  ..............      $3,169,486
Operations and Maintenance..............................  ..............         646,575         659,507         672,697         686,151       2,664,930
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................       3,169,486         646,575         696,507         672,697         686,151       5,834,416
--------------------------------------------------------------------------------------------------------------------------------------------------------

    In addition, CBP has identified that the changes in this rule will 
result in a net increase in traveler time. The increased traveler time 
will result in a cost increase. The following sections explain the 
process for Phase I for each group of travelers and Phase II in further 
detail.
Increased Traveler Times Associated With the Automation of Form I-736 
for G-CNMI VWP Travelers
    In order to provide an estimate of the net change in traveler times 
as a result of this rule (measured as the difference in minutes between 
the current process and the new process), it is important to understand 
the current inspection and admission process in Guam and the CNMI. In 
general, the traveler disembarks from the aircraft, enters the FIS and 
joins the queue. If it is the case that the traveler has neither a 
current ESTA, nor a valid EVUS authorization, then the traveler 
approaches the CBP officer and presents a valid passport and a 
completed and signed CBP Form I-736. If the traveler has all documents 
in order, then the officer compares the passport to the person and 
reviews CBP Form I-736. The officer then scans the passport in the TPAC 
and reviews any lookouts that may appear in the system. The officer 
questions the traveler as to the purpose and length of stay and other 
relevant questions. The officer either admits the traveler, refers the 
traveler for secondary inspection, or grants parole in the case for PRC 
nationals to the CNMI. Under this IFR, with the automation of Form I-
736 for G-CNMI VWP countries and geographic areas in Phase I and with 
the implementation of CNMI EVS-TAP for PRC nationals in Phase II, both 
programs will result in a net increased traveler times.
    Table 5 describes the three varying scenarios that can occur under 
the current process when a traveler from a participating G-CNMI VWP 
country arrives at an FIS at either Guam or the CNMI. The left-hand 
column, labeled (a), describes the scenario with the least amount of 
traveler time and represents a traveler with an approved ESTA. The 
traveler time in this first scenario is estimated to take approximately 
two minutes per traveler. The middle column, labeled (b), describes the 
scenario when the traveler does not have an approved ESTA, but has in 
hand the required current paper CBP Form I-736 completed and signed. 
The traveler time in this second column is approximately the same as 
that in the first column, however, there is a greater chance that the 
traveler may be found to be inadmissible. This rule will attempt to 
lower the likelihood of a traveler being found inadmissible for three 
reasons: (1) the traveler's information will be collected beforehand by 
CBP and DHS; (2) the collected information will have gone through a 
vetting process before the traveler boards the carrier; and (3) the CBP 
officer will have the traveler's information in digital format for a 
few seconds beforehand to make an assessment on admissibility with 
greater confidence. The right-hand column, labeled (c), is the most 
time consuming scenario and describes the case in which a traveler 
arrives at FIS without an approved ESTA, and without CBP Form I-736. It 
is the number of occurrences in column (c) that this rule will attempt 
to eliminate, as the traveler time under this third scenario can take 
up to an estimated seven minutes per traveler. Under this IFR, the 
automation of Form I-736 will result in most travelers following a 
scenario similar to that described in the column (a). Note that none of 
these scenarios includes the time it takes to complete the Form I-736 
as that time burden is borne by the traveler in all scenarios in both 
the baseline and under the rule. The next two subsections describe both 
the current and proposed processes in more detail.

  Table 5--Current Process for General VWP and G-CNMI VWP Participants
                      Traveling to Guam or the CNMI
                    [Traveler time is in parentheses]
------------------------------------------------------------------------
                              Traveler from G-CNMI
                                VWP participating   Traveler from G-CNMI
  Traveler from general VWP    country without an     VWP participating
 participating country with    approved ESTA, with   country without an
   current (approved) ESTA       CBP Form I-736        approved ESTA,
       enrollment (a)         completed and signed   without CBP Form I-
                                       (b)                 736 (c)
------------------------------------------------------------------------
Traveler arrives at the FIS   Traveler arrives at   Traveler arrives at
 area and presents travel      the FIS area and      the FIS area and
 documents to the CBP          presents travel       presents travel
 officer.                      documents to the      documents to the
                               CBP officer.          CBP officer.
CBP officer inspects travel   If traveler is in     The traveler is
 documents to include          possession and        returned to the
 passport and reviews for      compliance with all   airline agent
 compliance. Traveler's        required travel       stationed in the
 information is stored in      documents, then,      primary queue area
 databases (approx. 1 min).    the CBP officer       who is actively
                               compares the          checking the
                               passport to the       passengers' forms
                               person and reviews    before the
                               CBP Form I-736        passengers get to
                               (approx. 1 min).      primary (approx. 5
                                                     min).

[[Page 3317]]

 
CBP officer interviews the    CBP officer           Once traveler's
 traveler as to the purpose    interviews the        documents are
 and length of intended stay   traveler as to the    completed and in
 and other relevant            purpose and length    compliance, then,
 questions (approx. 1 min).    of intended stay      the CBP officer
                               and other relevant    compares the
                               questions (approx.    passport to the
                               1 min).               person and reviews
                                                     CBP Form I-736
                                                     (approx. 1 min).
CBP officer either refers     CBP officer either    CBP officer
 the person to secondary, or   refers the person     interviews the
 grants admission to Guam or   to secondary, or      traveler as to the
 the CNMI.                     grants admission to   purpose and length
                               Guam or the CNMI.     of intended stay
                                                     and other relevant
                                                     questions (approx.
                                                     1 min).
If traveler is admissible,    If traveler is        CBP officer
 then, the traveler proceeds   admissible, then,     determines
 to local CNMI Customs         the traveler          traveler's
 Service for processing.       proceeds to local     admissibility into
                               CNMI Customs          Guam or the CNMI.
                               Service for
                               processing.
                                                    If traveler is
                                                     admissible, then,
                                                     the traveler
                                                     proceeds to local
                                                     CNMI Customs
                                                     Service for
                                                     processing.
------------------------------------------------------------------------
Total time: 2 min...........  Total time: 2 min...  Total time: 7 min.
------------------------------------------------------------------------

Baseline Process for G-CNMI VWP Travelers Visiting Either Guam or the 
CNMI
    A CBP Form I-736 is required for travel to Guam and the CNMI except 
in three circumstances. CBP Form I-736 is not required if a traveler 
holds a valid visa for travel to the United States. The processing time 
for these travelers is estimated to be approximately two minutes, which 
is the time it takes for the CBP officer to inspect the travel 
documents and ask questions to the traveler regarding the purpose and 
length of intended stay as well as other relevant questions. If a 
traveler is a citizen of Australia, Brunei, Japan, New Zealand, South 
Korea, Singapore, Taiwan, or the United Kingdom \65\ and has a current 
ESTA enrollment, then CBP Form I-736 is also not required and the 
respective processing time upon arrival resembles that detailed in 
column (a) of Table 5. If a traveler from the PRC holds a valid visa 
for travel to the United States and has a valid EVUS enrollment, then 
CBP Form I-736 is also not required.
---------------------------------------------------------------------------

    \65\ These countries are part of both the general Visa Waiver 
Program and G-CNMI VWP.
---------------------------------------------------------------------------

    Citizens or nationals from one of the twelve countries or 
geographic areas participating in the G-CNMI VWP (Australia, Brunei, 
Hong Kong, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, South 
Korea, Singapore, Taiwan and the United Kingdom) who travel to Guam or 
CNMI without a current ESTA enrollment are required, with a few 
exceptions, to present a signed paper copy of CBP Form I-736 upon 
arrival. Their processing time can vary depending on whether or not the 
traveler has a completed and signed CBP Form I-736. If the traveler 
arrives without an approved ESTA, but has a completed, printed and 
signed CBP Form I-736, the CBP officer then reviews the information 
presented in CBP Form I-736, along with relevant travel and related 
questions, and makes a determination of admissibility to the United 
States. The processing time corresponding to column (b) in Table 5 is 
also estimated at two minutes.
    If, on the other hand, the traveler from a G-CNMI VWP participating 
country does not have a completed, printed and signed CBP Form I-736, 
then the CBP officer refers the traveler to an airline agent to 
complete and sign CBP Form I-736. CBP estimates that the need to go to 
an airline agent adds five minutes to the traveler's time, not 
including the time it actually takes to complete the CBP Form I-736. It 
generally takes 19 minutes to complete CBP Form I-736, but this time is 
borne whether the traveler arrives at the airport with a completed form 
or not; all that varies is when the traveler fills out the form. The 
CBP officer then reviews the information contained within the form and 
asks relevant travel and related questions regarding the traveler's 
purpose and length of stay at the inspection interview and makes a 
determination of admissibility. CBP estimates that the third process 
described in column (c) in Table 5 takes seven minutes from beginning 
to end, not including the time it takes to complete the CBP Form I-736.
New Process for G-CNMI VWP Travelers When Visiting Either Guam or the 
CNMI
    CBP intends to improve the arrival process by automating Form I-736 
whereby the traveler does not need to print and sign a paper CBP Form 
I-736. Instead, CBP will automate Form I-736 by having travelers fill 
out the form in advance, answer the required personal and travel 
questions and update their information prior to their travel. CBP will 
then use this information to review against national and international 
law enforcement databases to prescreen travelers, which will improve 
the current vetting process, and as a result receive a determination of 
travel eligibility. In essence, as a result of this rule, the processes 
represented in columns (b) and (c) of Table 5 will be eliminated, and 
all travelers from G-CNMI VWP will follow a process that resembles 
column (a) in Table 5. The process will be similar to the current ESTA 
process.

[[Page 3318]]

    In order to quantify the economic benefits (or cost) resulting from 
this rule's change in traveler times, a value of time is needed. The 
U.S. Department of Transportation (USDOT) \66\ provides estimates on 
the value of travel time. Since travelers from all of the countries and 
geographic areas selected by the U.S. Government to participate in the 
G-CNMI VWP, and PRC nationals granted discretionary parole into the 
CNMI, are typically higher income individuals,\67\ they are thus more 
likely to have values of time similar to the USDOT's value of travel 
time savings estimates. Accordingly, CBP believes that this value of 
travel time savings reported in USDOT's memorandum is an accurate 
representation of the value of time savings that travelers from G-CNMI 
VWP participating countries and geographic areas also place on travel 
time and CBP uses $53.24 as the estimated hourly value of travel time 
for affected travelers.
---------------------------------------------------------------------------

    \66\ For the monetized time costs used in this analysis to 
calculate the time burden imposed on travelers for the increased 
time burden to fill out the automated Form I-736, CBP uses the U.S. 
Department of Transportation's (USDOT) hourly time value of $47.10 
for all-purpose, intercity air travelers. The 2015 hourly figure is 
then multiplied with a GDP deflator multiplier of 1.1304 to reflect 
a 2021 dollars wage rate of $53.24. The opportunity cost associated 
with column (b) of Table 5 was estimated by multiplying the hourly 
Value of Travel Time Savings (VVTS) figure with the change in 
minutes it takes to complete the automated Form I-736. Similarly, 
the opportunity cost associated with column (c) of Table 5 was 
estimated by multiplying the VTTS figure with the change in minutes 
it takes to complete the automated Form I-36. Source: U.S. 
Department of Transportation, Office of Transportation Policy. The 
Value of Travel Time Savings: Departmental Guidance for Conducting 
Economic Evaluations Revision 2 (2015 Update). ``Table 4 (Revision 
2-corrected): Recommended Hourly Values of Travel Time Savings for 
All-Purpose, Intercity Air and High-Speed Rail Travel.'' April 29, 
2015. Available at https://www.transportation.gov/sites/dot.gov/files/docs/2016%20Revised%20Value%20of%20Travel%20Time%20Guidance.pdf. Accessed 
Sept. 28, 2020.
    \67\ See Economic Analysis for the Interim Final Rule: 
Implementation of the Guam-CNMI Visa Waiver Program (Oct. 31, 2008), 
pp. 3-13 (CNMI) and 4-5 (Guam), available at https://www.regulations.gov/document/USCBP-2009-0001-0002.
---------------------------------------------------------------------------

Net Change in Traveler Time With Automated Form I-736
    The net change in traveler times depends on the travelers' baseline 
behavior. Some will see an increase in time burden and others will see 
a decrease. On net, the overall population will not see a change in the 
traveler time as a result of this rule and the automation of Form I-
736. As previously mentioned, the processes described in columns (b) 
and (c) of Table 5 are expected to be eliminated. Using travel 
projections from Table 3, CBP can estimate the net change in traveler 
time associated with the automation of Form I-736. From fiscal years 
2015 to 2019, a total of approximately six million travelers from G-
CNMI VWP participating countries and geographic areas arrived in Guam 
and the CNMI requiring a paper CBP Form I-736. CBP subject matter 
experts estimate that approximately 60 percent of the six million G-
CNMI-VWP travelers \68\ arrived with a completed CBP Form I-736 (column 
(b)) and 40 percent arrived without one and needed to complete and sign 
upon arrival (column (c)).
---------------------------------------------------------------------------

    \68\ Some travelers are likely to be repeat travelers, which may 
affect estimated costs and benefits presented in this analysis, but 
CBP data on repeat travelers in this situation are not readily 
available. To the extent that some travel more than once in a two-
year period, the costs and savings associated with the one-time 
process of completing the automated Form I-736 will be lower.
---------------------------------------------------------------------------

    The total estimated processing time for a traveler that falls under 
column (b) of Table 5 currently is estimated at two minutes. Under this 
IFR, travelers will now be required to access and submit their personal 
and travel information into the automated version of Form I-736. CBP 
estimates that this new process will burden travelers by an additional 
two minutes, which represents the time it takes to set up an account on 
the new website and log in to access the automated Form I-736. Thus, 
the difference in time between column (b) and the new proposed process 
is expected to be approximately an additional two minutes. The 
increased time burden and monetized time costs for travelers that 
arrive with a completed I-736 (column (b)) are presented in Table 6.

                                     Table 6--Net Change in Traveler Time From Automation of Form I-736, Column (b)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Time burden                            FY 2022         FY 2023         FY 2024         FY 2025         FY 2026          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of travelers.....................................         699,000         690,962         683,016         675,162         667,395       3,415,535
Additional time burden (min)............................               2               2               2               2               2  ..............
Burden hours............................................          23,300          23,032          22,767          22,505          22,247         113,851
                                                         -----------------------------------------------------------------------------------------------
    Monetized Time Cost.................................      $1,240,492      $1,226,224      $1,212,115      $1,198,166      $1,184,430      $6,061,427
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The current processing time associated with column (c) of Table 5 
is seven minutes. Travelers will now have to follow the two-minute 
process described in column (a), but will also bear the additional two-
minute time burden to set up a new account and logging into the 
website. On net, these travelers will experience a three-minute time 
savings as a result of this rule. The estimated time savings benefits 
from reduced processing at the G-CNMI FIS associated with column (c) of 
Table 5 are presented in Table 7.

                                     Table 7--Net Change in Traveler Time From Automation of Form I-736, Column (c)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Time reduction                           FY 2022         FY 2023         FY 2024         FY 2025         FY 2026          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of travelers.....................................         466,000         460,640         455,345         450,107         444,931       2,277,023
Time reduction (minutes)................................               3               3               3               3               3  ..............
No. of hours reduced....................................          23,300          23,032          22,767          22,505          22,247         113,851
                                                         -----------------------------------------------------------------------------------------------
    Monetized Time Benefit..............................      $1,240,492      $1,226,224      $1,212,115      $1,198,166      $1,184,430      $6,061,427
--------------------------------------------------------------------------------------------------------------------------------------------------------

    After applying this value for travel time using the all-purpose 
travel category, CBP estimates that the 2-minute increase for 60 
percent of travelers (column b) and 3-minute decrease for 40 percent of 
travelers (column c) results in a net undiscounted economic benefit 
resulting from automation of Form I-736 is $0 over the

[[Page 3319]]

next five-year period. The resulting net change in traveler time 
associated with Phase I, which corresponds to the summation of Table 6 
and Table 7, is presented in Table 8.

                                 Table 8--Total Net Change in Traveler Time of Phase I From the Automation of Form I-736
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Economic cost                           FY 2022         FY 2023         FY 2024         FY 2025         FY 2026          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monetized time cost.....................................      $1,240,492      $1,226,224      $1,212,115       $1,98,116      $1,184,430      $6,061,427
Monetized time benefit..................................       1,240,492       1,226,224       1,212,115        1,98,116       1,184,430       6,061,427
                                                         -----------------------------------------------------------------------------------------------
    Total time cost (undiscounted)......................               0               0               0               0               0               0
--------------------------------------------------------------------------------------------------------------------------------------------------------

Increased Traveler Time Associated With the Automation of Form I-736 
for PRC Nationals and Increased Traveler Time Associated With the 
Implementation of CNMI EVS-TAP
    The automation of Form I-736 for PRC nationals seeking parole in 
Phase I and CNMI EVS-TAP in Phase II applies to when they arrive at an 
FIS at the CNMI only. PRC nationals still must obtain a visa to enter 
Guam, and this rule does not change applicable visa requirements for 
travel to Guam. In order to estimate the expected net change in 
processing time at inspection with the proposed processes under this 
rule, it is important to understand the current process. The difference 
in processing times between the current process and the new processes 
is the net change in traveler time, with the net change in processing 
time (measured as the difference in minutes between the current process 
and the new process), and the economic cost measured as the value of 
time associated with the increase in processing time.
    Table 9 explains the three varying scenarios that can result under 
the current process when travelers from the PRC arrive at the CNMI. The 
left-hand column, labeled (d), describes the scenario with the least 
amount of processing time and coincides with a visa traveler having a 
valid (approved) EVUS enrollment. The middle column, labeled (e), 
describes the scenario where the traveler arrives without a visa, but 
has in hand the required current paper version of CBP Form I-736 
completed and signed, and seeks parole. The processing time in column 
(e) takes approximately five minutes, and takes about three minutes 
longer to process than in column (d). There is also a higher chance 
that the traveler is found to be inadmissible to the CNMI or denied 
parole as there has been no pre-arrival vetting in this scenario. This 
rule will attempt to lower the likelihood of a traveler being found 
inadmissible or denied parole for three reasons: (1) the traveler's 
information will have been collected beforehand by CBP and DHS; (2) the 
collected information will have gone through a vetting process before 
the traveler boards; and (3) the CBP officer will have the traveler's 
information in digital format a few seconds beforehand to make an 
assessment on admissibility with greater confidence. The right-hand 
column, labeled (f), is the most time consuming scenario and describes 
the case in which a traveler arrives at an FIS without a visa, and 
without CBP Form I-736. The processing time under column (f) is 
estimated to take up to nine minutes per traveler. It is the number of 
occurrences in columns (e) and (f) that this rule will attempt to 
eliminate. Under this IFR, the implementation of CNMI EVS-TAP will 
result in most travelers following a scenario similar to that described 
in column (d). The automation of Form I-736 will be included within the 
implementation of CNMI EVS-TAP. The next two subsections describe both 
the current and the proposed processes in more detail.

    Table 9--Current Process for PRC Nationals Traveling to the CNMI
                    [Traveler time is in parentheses]
------------------------------------------------------------------------
                                Traveler with PRC
 Traveler with PRC passport,    passport, without     Traveler with PRC
    valid visa, and valid     visa (seeks parole),    passport, without
 (approved) EVUS enrollment    with CBP Form I-736  visa (seeks parole),
             (d)              completed and signed   without CBP Form I-
                                       (e)                 736 (f)
------------------------------------------------------------------------
PRC national arrives at the   PRC national arrives  PRC national arrives
 FIS area and presents         at the FIS area and   at the FIS area and
 travel documents to the CBP   presents travel       presents travel
 officer.                      documents to the      documents to the
                               CBP officer.          CBP officer.
CBP officer inspects travel   If traveler has all   The traveler is
 documents and reviews         documents in order,   returned to the
 personal and travel           then the officer      airline agent
 information stored in         compares the          stationed in the
 databases (approx. 1 min).    passport to the       primary queue area
                               person and reviews    who is actively
                               CBP Form I-736        checking the
                               (approx. 1 min).      passengers' forms
                                                     before the
                                                     passengers get to
                                                     primary (approx. 5
                                                     min).
CBP officer interviews the    CBP officer           Once the traveler's
 traveler as to the purpose    interviews the        documents are
 and length of intended stay   traveler as to the    completed and found
 and other relevant            purpose and length    to be in
 questions (approx. 1 min).    of intended stay      compliance, then,
                               and other relevant    the CBP officer
                               questions (approx.    compares the
                               2 min).               passport to the
                                                     person and reviews
                                                     CBP Form I-736
                                                     (approx. 1 min).
CBP officer either refers     CBP officer either    CBP officer
 the person to secondary, or   refers the person     interviews the
 grants admission to Guam or   to secondary, or      traveler as to the
 the CNMI.                     authorizes parole     purpose and length
                               into the CNMI.        of intended stay
                                                     and other relevant
                                                     questions (approx.
                                                     2 min).
If traveler is admissible,    If a parole           CBP officer either
 then, the traveler proceeds   determination is      refers the person
 to local CNMI Customs         made, the CBP         to secondary, or
 Service for processing.       officer stamps the    authorizes parole
                               passport with the     into the CNMI.
                               CBP parole stamp
                               and annotates the
                               parole expiration
                               date (approx. 2
                               min).

[[Page 3320]]

 
                              Traveler then         If the determination
                               proceeds to local     to grant
                               CNMI Customs          discretionary
                               Service for           parole is made, the
                               processing.           CBP officer stamps
                                                     the passport with
                                                     the CBP parole
                                                     stamp and annotates
                                                     the parole
                                                     expiration date
                                                     (approx. 2 min).
                                                    Traveler then
                                                     proceeds to local
                                                     CNMI Customs
                                                     Service for
                                                     processing.
------------------------------------------------------------------------
Total time: 2 min...........  Total time: 5 min...  Total time: 9 min.
------------------------------------------------------------------------

Baseline Process for PRC Nationals When Visiting the CNMI
    PRC nationals are required to obtain a visa prior to travel to 
visit Guam or the CNMI, or seek parole into the CNMI only. Individuals 
who are issued a visa by the applicable embassy or consulate containing 
maximum validity (10-year) B1/B2, B1, and B2 visas, are required to 
enroll in EVUS. These travelers may use their valid visa and EVUS 
enrollment and follow the process outlined in the column (d) of Table 
9. CBP estimates that the total processing time for EVUS enrollees is 
approximately two minutes--similar to that of travelers with an 
approved ESTA.
    PRC nationals who do not have a valid applicable visa and EVUS 
enrollment are required to complete CBP Form I-736 in order to be 
granted parole and allowed to enter into the CNMI only without having 
obtained a visa. Depending on whether the traveler has a completed and 
signed CBP Form I-736, the processing times can vary following the 
processes summarized in columns (e) and (f) of Table 9. The maximum 
length of parole into the CNMI for PRC nationals is currently set at 14 
days. Under the current process, the paper CBP Form I-736s are 
collected, scanned, and stored by CBP.
Process for PRC Nationals Under Phase I
    During Phase I, PRC nationals will submit Form I-736 in advance 
electronically instead of on paper and must receive electronic travel 
authorization prior to embarking on a carrier in order to seek parole 
into the CNMI until Phase II is implemented. The automation of Form I-
736 for PRC nationals is included in the CNMI EVS-TAP discussion below.
Process for PRC Nationals Under Phase II: CNMI EVS-TAP
    This rule introduces CNMI EVS-TAP, and once CNMI EVS-TAP is 
implemented, this rule eliminates the current parole process. CNMI EVS-
TAP will require PRC nationals to obtain an electronic travel 
authorization in advance of travel to the CNMI for a period of stay up 
to 14 days. Since CNMI EVS-TAP will be a sub-program of the G-CNMI VWP, 
the automation of Form I-736 will already be included within CNMI EVS-
TAP. CNMI EVS-TAP users, which includes PRC nationals, will have a tab 
with an additional set of questions used for screening and vetting 
purposes. Under CNMI EVS-TAP, PRC nationals arriving at the CNMI will 
follow a process identical to column (d) in Table 9, without requiring 
a visa and instead arrive with a positive determination of travel 
authorization. The CNMI EVS-TAP process will make more efficient use of 
time for the traveler, while also reducing CBP resources associated 
with the parole process, and reduce the number of travelers turned away 
after being denied parole into the CNMI by a CBP officer at the port of 
entry.
    With the use of CNMI EVS-TAP, PRC nationals will instead fill out 
the required personal and travel information in advance of travelling, 
and CBP will have the information contained in Form I-736, as well as 
responses to the additional CNMI EVS-TAP questions, for review, 
screening and vetting purposes prior to arriving in the CNMI. At the 
inspection interview with a CBP officer, the CBP officer will make a 
sounder assessment regarding admissibility to the CNMI with the 
information stored in the CNMI EVS-TAP database. Having personal and 
travel information in advance also improves national security. A second 
result of this rule is that PRC nationals who have not obtained a visa 
and valid EVUS enrollment will experience processing times closer to 
that of EVUS.
Net Change in Traveler Time With CNMI EVS-TAP and Automated Form I-736
    CNMI EVS-TAP will result in an increase in processing time for 
travelers. With the implementation of CNMI EVS-TAP, the time associated 
with columns (e) and (f) of Table 9 are essentially eliminated and 
instead travelers will go through the process described in column (d), 
and will also answer the additional vetting questions. Using the travel 
projections from Table 3, CBP can estimate the total increase in 
traveler time associated with the implementation of CNMI EVS-TAP. From 
fiscal years 2015 to 2019, CBP primary officers in the CNMI encountered 
approximately 808,632 paroled travelers with paper CBP Form I-736 to 
the CNMI. Historical data for PRC arrivals at the CNMI seeking parole 
from FY 2015 to FY 2019 are provided in Table 10. Using the data 
presented in Table 10, the number of arrivals to the CNMI grew at a 
compound annual growth rate of 10.86 percent between fiscal years 2015 
and 2019. Using the expected number of future arrivals to the CNMI 
yields a total of 1,133,016 paper CBP Form I-736 \69\ that will be 
avoided over the next five-year period that will no longer be received 
and processed by CBP at primary inspection stations as a result of this 
rule.
---------------------------------------------------------------------------

    \69\ CBP estimates future (PRC nationals) arrivals to the CNMI 
by multiplying the arrival total for FY 2019 (PRC nationals) with (1 
+ growth rate of 10.86%) to obtain a forecasted amount for FY 2022 
164,564*(1 + (0.1086)) = 182,436, similarly for FY 2023 is 
164,564*(1 + (0.1086)[supcaret]2) = 202,249, FY 2024 
164,564*(1+(0.1086)[supcaret]3) = 224,213, FY 2025 
164,564*(1+(0.1086)[supcaret]4) = 248,562, FY 2026 
164,564*(1+(0.1086)[supcaret]5) = 275,556. Total for future years 
(prediction): 182,436 (FY22) + 202,249 (FY23) + 224,213 (FY24) + 
248,562 (FY 25) + 275,556 FY(26) = 1,133,016.

[[Page 3321]]



                                                    Table 10--PRC Arrivals at the CNMI Seeking Parole
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Arrivals to the CNMI                     FY 2015          FY 2016          FY 2017          FY 2018          FY 2019           Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
PRC arrivals at the CNMI..........................         108,952          136,911          184,378          213,827          164,564          808,632
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The total estimated processing time for a traveler that falls under 
column (d) of Table 9 is estimated at two minutes, and serves as the 
baseline representing the amount it takes to process PRC nationals who 
hold a valid visa and are traveling under the current EVUS program. 
Under this IFR, once CNMI EVS-TAP is implemented, PRC nationals seeking 
to enter the CNMI without first obtaining a visa will be required to 
access and submit their personal and travel information into the CNMI 
EVS-TAP website. The automation of Form I-736 will already be included 
into CNMI EVS-TAP. CBP estimates that this new process will burden 
travelers by an additional two minutes, which represents the time it 
takes to set up an account on the new website and log in to access CNMI 
EVS-TAP. In addition, these travelers will also be prompted to answer 
an additional set of security vetting questions prior to receiving 
travel authorization. CBP estimates that it will take five minutes to 
answer these vetting questions.
    A traveler who currently arrives with a completed and signed CBP 
Form I-736, has a baseline time burden of five minutes, as shown in 
column (e). Under this IFR, these travelers will now follow a process 
that resembles that in column (d), but with an additional two-minute 
time burden to capture the added time associated with logging into the 
CNMI EVS-TAP website, and an additional five minutes to answer the new 
set of vetting questions. These travelers will now have a total 
opportunity cost of nine minutes, an increase of four minutes when 
compared to their baseline.
    In order to monetize the time burden on travelers from the PRC 
under CNMI EVS-TAP, CBP used the historical information on PRC arrivals 
at the CNMI seeking parole from Table 10 to estimate the forecast for 
future arrivals to the CNMI. Using the same compound growth rate of 
10.86 percent, future travel to the CNMI using CNMI EVS-TAP is 
presented in the first line in Table 10. CBP then used the same subject 
matter expert rate of 60-percent to estimate for the number of PRC 
travelers without a visa seeking parole that would have CBP Form I-736 
completed and signed (i.e., travelers under column (e) in Table 9). The 
number of travelers is presented in the third row of Table 11. Each 
traveler is then subject to a net four-minute increase in travel time 
when compared to the baseline from the additional vetting questions for 
PRC nationals. The total time burden, in hours, for all PRC travelers 
is presented in the fifth row in Table 11. Using the USDOT's value of 
travel time cost, CBP obtained a monetized estimate of the time burden 
to PRC travelers. The resulting increased time burden and monetized 
costs are presented in Table 11.
---------------------------------------------------------------------------

    \70\ CBP estimates future (PRC nationals) arrivals to the CNMI, 
column (e), as follows: FY 2022: 164,564 * (1+(0.1086))[supcaret]1 * 
0.60 = 109,462; FY 2023: 164,564 * (1+(0.1086))[supcaret]2 * 0.60 = 
121,349; FY 2024: 164,564 * (1+(0.1086))[supcaret]3 * 0.60 = 
134,528; FY 2025: 164,564 * (1+(0.1086))[supcaret]4 * 0.60 = 
149,137; FY 2026: 164,564 * (1+(0.1086))[supcaret]5 * 0.60 = 
165,334.

                                   Table 11--Net Change in Traveler Time From Developing CNMI EVS-TAP, Column (e) \70\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Time burden                            FY 2022         FY 2023         FY 2024         FY 2025         FY 2026          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated (PRC nationals) arriving at the CNMI                   182,436         202,249         224,213         248,562         275,556       1,133,016
 (forecast).............................................
                                                                    0.60            0.60            0.60            0.60            0.60  ..............
PRC Travelers in column (e), Table 8....................         109,462         121,349         134,528         149,137         165,334         679,810
Additional time burden (minutes)........................               4               4               4               4               4  ..............
No. of hours (rounded)..................................           7,297           8,090           8,969           9,942          11,022          45,321
                                                         -----------------------------------------------------------------------------------------------
    Monetized Time Cost.................................        $388,517        $430,708        $477,485        $529,337        $586,826      $2,412,873
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On the other hand, a traveler who arrives without an EVUS 
enrollment, a valid visa, and a completed CBP Form I-736, has a 
baseline time burden of nine minutes, as shown in column (f). Under 
this IFR, these travelers will now follow a process that resembles that 
in column (d), but with an additional two-minute time burden to capture 
the added time associated with accessing the CNMI EVS-TAP website, and 
an additional five minutes to answer the new set of vetting questions. 
These travelers will now have a total opportunity cost of nine minutes, 
which is no net change when compared to their baseline. These travelers 
will incur the same time burden as under the baseline, but will be 
undergoing a different process. The resulting difference in traveler 
time when compared to the baseline for these individuals is presented 
in Table 12.

                                     Table 12--Net Change in Traveler Time From Developing CNMI EVS-TAP, Column (f)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                     Time reduction                           FY 2022         FY 2023         FY 2024         FY 2025         FY 2026          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of travelers.....................................          72,974          80,900          89,685          99,425         110,222         453,206
Time reduction (minutes)................................               0               0               0               0               0  ..............
No. of hours reduced....................................               0               0               0               0               0               0
                                                         -----------------------------------------------------------------------------------------------
    Monetized Time Benefit..............................              $0              $0              $0              $0              $0              $0
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 3322]]

    The resulting increase in CNMI EVS-TAP traveler times as a result 
of this rule is presented Table 13. Note that the increase in traveler 
time results from the increased time it takes to access the CNMI EVS-
TAP website and the additional time it takes for travelers to answer 
the new set of vetting questions when compared to the baseline.

                                  Table 13--Total Net Change in Traveler Time of Phase II From Developing CNMI EVS-TAP
--------------------------------------------------------------------------------------------------------------------------------------------------------
                      Economic cost                           FY 2022         FY 2023         FY 2024         FY 2025         FY 2026          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monetized time cost.....................................        $388,517        $430,708        $477,485        $529,337        $586,826      $2,412,873
Monetized time benefit..................................               0               0               0               0               0               0
                                                         -----------------------------------------------------------------------------------------------
    Time cost (undiscounted)............................         388,517         430,708         477,485         529,337         586,826       2,412,873
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Similar to the automation of Form I-736, CBP can quantify the 
economic cost associated with increased traveler times from this IFR 
using an estimate of the value of time. The U.S. Department of 
Transportation (USDOT) provides estimates on the value of travel time. 
CBP and DHS believe this value of travel time savings reported in this 
memorandum is an accurate representation of the value of time savings 
that arriving business and pleasure travelers from the PRC place on 
time. Applying this value for travel time, CBP estimates that the 
undiscounted monetized time cost of CNMI EVS-TAP to travelers is 
$2,412,873 over the next five-year period.
    Table 14 presents the total cost of automating Form I-736 as well 
as CNMI EVS-TAP over the five-year period of analysis. The 
administrative costs include program development as well as operations 
and maintenance to be incurred by CBP. The table also presents the 
monetized time cost resulting from the change in which traveler 
information is processed under the new program. Note that there is a 
benefit from improved processing time, as well as an increase in the 
response times resulting from the added questionnaire components to be 
included in CNMI EVS-TAP. The net result is an increase in time costs 
from the implementation of both Phase I and Phase II.

                                    Table 14--Total Costs Phase I and Phase II (Undiscounted) of the Rule (2022-2026)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Total costs                            FY 2022         FY 2023         FY 2024         FY 2025         FY 2026          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Phase I time cost.......................................              $0              $0              $0              $0              $0              $0
Phase II time cost......................................         388,517         430,708         477,485         529,337         586,826       2,412,873
Program development.....................................       3,169,486               0               0               0               0       3,169,486
Operations and maintenance..............................               0         646,575         659,507         672,697         686,151       2,664,930
                                                         -----------------------------------------------------------------------------------------------
    Total Costs.........................................       3,558,003       1,077,283       1,136,992       1,202,034       1,272,977       8,247,289
--------------------------------------------------------------------------------------------------------------------------------------------------------

    CBP is removing a bond provision that is specific to the G-CNMI 
VWP. Since 2009, CBP has not used the bond provision and even if this 
regulatory change did not take place CBP would not expect to use it in 
the near future. As such, the removal of the bond provision from the G-
CNMI VWP is expected to not increase or decrease economic costs. CBP 
continues to have available the general bond provisions for 
nonimmigrant travelers and can apply this to travelers to Guam and CNMI 
as needed. Once again, although CBP has the authority to impose a bond 
on a nonimmigrant traveler, CBP has not used or imposed a bond 
requirement on any traveler to Guam and CNMI in the past and does not 
anticipate using the bond provisions in the near future. As such, CBP 
does not expect any increase or decrease in the economic costs as a 
result of the general bond provisions in the near future.
Benefits of the Rule
    CBP has identified four major benefits as a result of this IFR. 
These include: (1) a reduction in administrative costs to CBP 
associated with the automation of Form I-736, (2) a reduction in the 
number of inadmissibility cases, which reduces costs to both the 
government and air carriers, (3) an improvement to national security by 
obtaining traveler information prior to arrival, and (4) a likely 
increase in travel from PRC nationals who would benefit from the joint 
automation of Form I-736 and implementation of CNMI EVS-TAP. The first 
two benefits mentioned have been quantified, whereas the latter two are 
discussed qualitatively.
Administrative Cost-Savings to CBP Associated With the Automation of 
Form I-736
    Under this IFR, CBP will no longer have to receive, scan and store 
the paper CBP Form I-736. CBP has estimated that the cost-savings from 
automating Form I-736 is approximately $0.63 per form, based on 
historical contract costs for managing the paper form. Using the number 
of estimated future G-CNMI-VWP arrivals to Guam and the CNMI of 
5,692,558 travelers over the five-year period of analysis, CBP 
estimates that total cost-savings from automating Form I-736 for G-CNMI 
VWP travelers is approximately $3,586,314. Table 15 provides detail on 
the calculated cost-savings estimate to CBP.

                                    Table 15--Cost-Savings to CBP From Automating Form I-736 for G-CNMI VWP Travelers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Form I-736                             FY 2022         FY 2023         FY 2024         FY 2025         FY 2026          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
G-CNMI VWP travelers (only).............................       1,165,000       1,151,602       1,138,361       1,125,269       1,112,326       5,692,558
Per form CBP cost.......................................           $0.63           $0.63           $0.63           $0.63           $0.63  ..............
                                                         -----------------------------------------------------------------------------------------------

[[Page 3323]]

 
    Total...............................................         733,950         725,509         717,167         708,919         700,765       3,586,310
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Similarly, under this IFR, CBP will no longer receive, scan and 
store the paper CBP Form I-736 from PRC nationals seeking parole into 
the CNMI. Aside from the additional vetting questions for PRC nationals 
under CNMI EVS-TAP, the Form I-736 that PRC nationals must complete is 
identical to the Form I-736 travelers from G-CNMI VWP participating 
countries must also complete. CBP has estimated that the cost-savings 
from no longer having to scan and store paper versions of the CBP Form 
I-736 for PRC nationals seeking parole is also $0.63 per form. Using 
the number of estimated future arrivals to the CNMI of 1,113,016 of PRC 
nationals under CNMI EVS-TAP, CBP estimates that the total cost-savings 
to CBP from automating Form I-736 for PRC travelers is $713,803. Table 
16 provides details on the calculated cost-saving estimate to CBP with 
regards to PRC nationals under EVS-TAP.

                                       Table 16--Cost-Savings to CBP From Automating Form I-736 for PRC Travelers
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Form I-736                             FY 2022         FY 2023         FY 2024         FY 2025         FY 2026          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
PRC Travelers (only)....................................         182,436         202,249         224,213         248,562         275,556       1,133,016
Per form CBP cost.......................................           $0.63           $0.63           $0.63           $0.63           $0.63  ..............
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................         114,935         127,417         141,254         156,594         173,600         713,800
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As a result, CBP estimates that the total cost-savings to CBP from 
automating Form I-736 is $4,300,117. Table 17 provides detailed 
calculations for both groups of travelers for this estimate.

                                                Table 17--Cost-Savings to CBP From Automating Form I-736
--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Form I-736                             FY 2022         FY 2023         FY 2024         FY 2025         FY 2026          Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
G-CNMI VWP travelers....................................        $733,950        $725,509        $717,167        $708,919        $700,765      $3,586,310
PRC travelers...........................................         114,935         127,417         141,254         156,594         173,600         713,800
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................         848,885         852,926         858,421         865,513         874,365       4,300,110
--------------------------------------------------------------------------------------------------------------------------------------------------------

Benefit From Reduced Inadmissibility Cases
    Under this IFR, CBP will be able to make a determination of travel 
eligibility of travelers from G-CNMI VWP countries and geographic 
areas, and the PRC, by assessing data in advance of travel, including 
an analysis of whether such travel poses a law enforcement or security 
risk. The rule accomplishes both goals of promoting border security and 
legitimate travel to the United States. By modernizing the G-CNMI VWP 
the automated Form I-736 is intended to both increase national security 
and provide for greater efficiencies in the screening of international 
travelers by allowing for screening of subjects of potential interest 
well before boarding, thereby reducing traveler delays based on 
potentially lengthy processes at the U.S. ports of entry.
    In addition, each year a small percentage of travelers to the 
United States are deemed inadmissible for a variety of reasons, 
including obvious health problems, overstays from previous visits, 
criminal activity, etc. These noncitizens may be returned to their 
country of origin at the commercial carrier's expense, and the carrier 
may be fined for transporting a noncitizen not in possession of proper 
documentation. One of the purposes of this rule is to prevent 
ineligible entrants from arriving in the United States. Currently, 
travelers answer questions concerning admissibility and present this 
information to the CBP officer. Based on the answers to these 
questions, other information available, and personal judgement, the CBP 
officer makes the determination to admit the person to the United 
States, or refer the traveler to secondary inspection for further 
processing. Under this IFR, CBP and DHS will have travelers' personal 
and travel information to conduct pre-vetting of individuals prior to 
arrival in the United States at either Guam or the CNMI. As such, the 
number of travelers that will be sent to secondary inspection, as well 
as the associated costs to CBP and carriers, is expected to decrease.
    In particular, automation of Form I-736 will allow for advance 
screening of G-CNMI VWP travelers against databases for lost and stolen 
passports, visa revocations, and terrorists. Based on CBP data, the 
current rate of travelers determined to be inadmissible on an annual 
basis has been calculated in Table 18 for each G-CNMI VWP participating 
country. As a result of this rule, CBP anticipates this rate of 
inadmissibility to be reduced even further, since arrivals will have 
gone through the pre-vetting process and been given a positive 
determination of travel eligibility prior to disembarking to the United 
States.\71\
---------------------------------------------------------------------------

    \71\ CBP uses inadmissibility rates to estimate the number of 
inadmissibility determinations that might be reduced by this rule's 
imposition of a travel eligibility determination; however, a 
positive determination of travel eligibility provided under this IFR 
permitting an individual to travel to the United States does not 
guarantee admissibility. As such, even with a positive determination 
of travel eligibility, certain travelers are found inadmissible upon 
arrival into the United States. An important element to determine 
eligibility to enter the United States is at the inspection 
interview between the CBP officer and the potential entrant. 
Accordingly, these estimates may overstate the actual reduction in 
inadmissibility cases. Carriers are still responsible for returning 
passengers to their last foreign point of departure at the carriers' 
expense if travelers cannot overcome the eligibility judgement of 
the CBP officer during secondary processing, even once this rule is 
in effect.

---------------------------------------------------------------------------

[[Page 3324]]

    When inadmissible travelers are brought to the United States, they 
are referred to secondary inspection where a CBP or other law 
enforcement officer questions them and processes them for return to 
their country of origin. CBP estimates that it costs $136 \72\ per 
individual for questioning and processing. CBP applies the 
inadmissibility rate of each G-CNMI VWP participating country to the 
anticipated forecasted number of arrivals for fiscal years 2022 to 2025 
to obtain an estimate of future inadmissibility cases that will be 
avoided as a result of this rule. The rate is applied by country of 
origin to travelers from current G-CNMI VWP participating countries and 
geographic areas to obtain an estimate of the number of reduced 
inadmissibility cases in Phase I. Table 18 presents the number of 
inadmissibility cases, and Table 19 presents the associated costs to 
CBP that will be reduced as a result of this rule.
---------------------------------------------------------------------------

    \72\ CBP estimates that each inadmissible noncitizen requires 
two additional hours of inspection and processing time, at a cost of 
$136 per arrival based on the $67.92 fully loaded hourly wage rate 
for CBP officers. Paperwork Reduction Act Information Collection 
Cost Estimates for July 2022 to July 2023.

                  Table 18--G-CNMI VWP Participating Countries--Inadmissible Rate and Forecast
----------------------------------------------------------------------------------------------------------------
                                 Inadmissible
  Country or geographic area      rate (pct.)    FY 2022    FY 2023    FY 2024    FY 2025    FY 2026     Total
----------------------------------------------------------------------------------------------------------------
Australia.....................          1.1625          5          5          5          5          5         25
Brunei........................          0.0000          0          0          0          0          0          0
Hong Kong.....................          0.2904          8          8          7          7          7         37
Japan.........................          0.0127         58         57         57         56         55        283
Malaysia......................          1.0563          6          6          6          5          5         28
Nauru.........................          0.0000          0          0          0          0          0          0
New Zealand...................          2.1341          3          3          3          3          3         15
Papua New Guinea..............          0.5339          1          1          1          1          1          5
South Korea...................          0.0228        157        156        154        152        150        769
Singapore.....................          1.8471          3          3          3          3          3         15
Taiwan........................          0.4322         88         87         86         85         84        430
United Kingdom................          0.8349          5          5          5          5          5         25
                               ---------------------------------------------------------------------------------
    Total.....................  ..............        334        331        327        322        318      1,632
----------------------------------------------------------------------------------------------------------------


                      Table 19--Savings to CBP From Reduced Inadmissibility Cases, Phase I
----------------------------------------------------------------------------------------------------------------
               Economic benefit                  FY 2022    FY 2023    FY 2024    FY 2025    FY 2026     Total
----------------------------------------------------------------------------------------------------------------
Inadmissibility cases (forecast)..............        334        331        327        322        318      1,632
Per traveler CBP cost.........................       $136       $136       $136       $136       $136       $136
                                               -----------------------------------------------------------------
    Total Reduced Cost to CBP (undiscounted)..     45,424     45,016     44,472     43,792     43,248    221,952
----------------------------------------------------------------------------------------------------------------

    When travelers are deemed inadmissible, the carrier is required to 
transport them back to their country-of-origin. CBP estimates that this 
costs carriers $1,880 \73\ per individual, which includes the airfare 
and any lodging and meal expenses incurred while the individual is 
awaiting transportation out of the United States. The resulting savings 
to carriers from reduced inadmissibility cases as a result of this rule 
is presented in Table 20.
---------------------------------------------------------------------------

    \73\ CBP has previously estimated this cost to carriers for 
ESTA, a program that is similar to that being proposed in this rule. 
See CBP, Regulatory Assessment for the Final Rule: Electronic System 
for Travel Authorization (ESTA) (2015), available at https://www.regulations.gov/document/USCBP-2008-0003-0028 (last visited July 
20, 2023). In the ESTA Regulatory Assessment, the estimated cost to 
carriers to process a passenger who is deemed inadmissible is 
$1,500. Id. at 4-2. CBP adjusted this amount using the GDP deflator 
to reflect this figure in 2021 U.S. dollars using the corresponding 
multiplier amount of 1.2533 (1.2533 x $1,500 = $1,880).

                    Table 20--Savings to Carriers From Reduced Inadmissibility Cases, Phase I
----------------------------------------------------------------------------------------------------------------
              Economic benefit                 FY 2022    FY 2023    FY 2024    FY 2025    FY 2026      Total
----------------------------------------------------------------------------------------------------------------
Inadmissibility cases (forecast)............        334        331        327        322        318        1,632
Per traveler carrier cost...................     $1,880     $1,880     $1,880     $1,880     $1,880       $1,880
                                             -------------------------------------------------------------------
    Total Reduced Costs to Carriers             627,920    622,280    614,760    605,360    597,840    3,068,160
     (undiscounted).........................
----------------------------------------------------------------------------------------------------------------

    Based on this information, CBP estimates the benefits to the agency 
associated with Phase I (automation of Form I-736) for avoided 
inadmissibility cases will total $221,952 undiscounted over the five-
year period of analysis. The benefit to carriers is expected to total 
$3,068,160. The total benefit associated with Phase I over the five-
year period of analysis is estimated at $3,290,112 undiscounted. Table 
21 presents the savings to both CBP and carriers as a result of 
implementing Phase I.

                     Table 21--Total Benefits of Phase I From Reduced Inadmissibility Cases
----------------------------------------------------------------------------------------------------------------
              Economic benefit                 FY 2022    FY 2023    FY 2024    FY 2025    FY 2026      Total
----------------------------------------------------------------------------------------------------------------
Savings to CBP..............................    $45,424    $45,016    $44,472    $43,792    $43,248     $221,952
Savings to carriers.........................    627,920    622,280    614,760    605,360    597,840    3,068,160
                                             -------------------------------------------------------------------

[[Page 3325]]

 
    Phase I Total (undiscounted)............    673,344    667,296    659,232    649,152    641,088    3,290,112
----------------------------------------------------------------------------------------------------------------

    Similarly, CBP then uses the same rate and applies the rate to 
future forecasted arrivals from the PRC to obtain an estimate of future 
inadmissibility cases under Phase II. Once again, CBP estimates that it 
costs $136 per individual for questioning and processing. CBP uses the 
0.3108-percent rate and applies this rate to the anticipated forecasted 
number of arrivals for fiscal years 2022 to 2026 to obtain an estimate 
of future inadmissibility cases that will be avoided as a result of 
this rule. The results are presented in Table 22 and the savings to CBP 
associated from a reduction in inadmissibility cases is presented in 
Table 23.

                               Table 22--PRC Only--Inadmissible Rate and Forecast
----------------------------------------------------------------------------------------------------------------
                                 Inadmissible
  Country or geographic area      rate (pct.)    FY 2022    FY 2023    FY 2024    FY 2025    FY 2026     Total
----------------------------------------------------------------------------------------------------------------
China.........................          0.3108        568        629        697        773        857      3,524
                               ---------------------------------------------------------------------------------
    Total.....................  ..............        568        629        697        773        857      3,524
----------------------------------------------------------------------------------------------------------------


                      Table 23--Savings to CBP From Reduced Inadmissibility Cases, Phase II
----------------------------------------------------------------------------------------------------------------
              Economic benefit                 FY 2022    FY 2023    FY 2024    FY 2025    FY 2026      Total
----------------------------------------------------------------------------------------------------------------
Inadmissibility cases (forecast)............        568        629        697        773        857        3,524
Per traveler CBP cost.......................       $136       $136       $136       $136       $136         $136
                                             -------------------------------------------------------------------
    Total Reduced Cost to CBP (undiscounted)     77,248     85,544     94,792    105,128    116,552      479,264
----------------------------------------------------------------------------------------------------------------

    Once again, CBP estimates that returning ineligible travelers to 
their country-of-origin costs carriers $1,880 per individual, which 
includes the airfare and any lodging and meal expenses incurred while 
the individual is awaiting transportation out of the United States. The 
resulting savings to carriers from reduced inadmissibility cases as a 
result of this rule are presented in Table 24.

                   Table 24--Savings to Carriers From Reduced Inadmissibility Cases, Phase II
----------------------------------------------------------------------------------------------------------------
         Economic benefit             FY 2022      FY 2023      FY 2024      FY 2025      FY 2026       Total
----------------------------------------------------------------------------------------------------------------
Inadmissibility cases (forecast)..          568          629          697          773          857        3,524
Per traveler carrier cost.........       $1,880       $1,880       $1,880       $1,880       $1,880       $1,880
                                   -----------------------------------------------------------------------------
    Total Reduced Cost to Carriers    1,067,840    1,182,520    1,310,360    1,453,240    1,611,160    6,625,120
     (undiscounted)...............
----------------------------------------------------------------------------------------------------------------

    CBP estimates the benefits to the agency associated with Phase II 
(CNMI EVS-TAP) for avoided inadmissibility cases will total $479,264 
undiscounted over the five-year period of analysis. The benefit to 
carriers is expected to total $6,625,120. The total benefit associated 
with Phase II over the five-year period of analysis is expected to 
total $7,104,384 undiscounted. The total benefit to both CBP and 
carriers over the five-year period of analysis is presented in Table 
25.

                     Table 25--Total Benefits of Phase II From Reduced Inadmissibility Cases
----------------------------------------------------------------------------------------------------------------
         Economic benefit             FY 2022      FY 2023      FY 2024      FY 2025      FY 2026       Total
----------------------------------------------------------------------------------------------------------------
Savings to CBP....................      $77,248      $85,544      $94,792     $105,128     $116,552     $479,264
Savings to carriers...............    1,067,840    1,182,520    1,310,360    1,453,240    1,611,160    6,625,120
                                   -----------------------------------------------------------------------------
    Phase II Total (undiscounted).    1,145,088    1,268,064    1,405,152    1,558,368    1,727,712    7,104,384
----------------------------------------------------------------------------------------------------------------

    Table 26 presents the combined total benefits of Phase I and Phase 
II from reduced inadmissibility cases over the five-year period of 
analysis. The total estimated benefit of Phase I and Phase II is 
expected to total $10,394,496 undiscounted over the next five-year 
period.

                  Table 26--Total Benefits of Phase I and Phase II From Reduced Inadmissibility
----------------------------------------------------------------------------------------------------------------
          Total benefits              FY 2022      FY 2023      FY 2024      FY 2025      FY 2026       Total
----------------------------------------------------------------------------------------------------------------
Phase I:
    Savings to CBP................      $45,424      $45,016      $44,472      $43,792      $43,248     $221,952
    Savings to carriers...........      627,920      622,280      614,760      605,360      597,840    3,068,160
                                   -----------------------------------------------------------------------------

[[Page 3326]]

 
        Phase I Total.............      673,344      667,296      659,232      649,152      641,088    3,290,112
                                   -----------------------------------------------------------------------------
Phase II:
    Savings to CBP................       77,248       85,544       94,792      105,128      116,552      479,264
    Savings to carriers...........    1,067,840    1,182,520    1,310,360    1,453,240    1,611,160    6,625,120
                                   -----------------------------------------------------------------------------
        Phase II Total............    1,145,088    1,268,064    1,405,152    1,558,368    1,727,712    7,104,384
                                   -----------------------------------------------------------------------------
            Total Benefits........    1,818,432    1,935,360    2,064,384    2,207,520    2,368,800   10,394,496
----------------------------------------------------------------------------------------------------------------

Other Non-Monetized Benefits
    Another important benefit of this rule that is discussed but not 
quantified, is the improvement to national security. Since all 
participants using the automated Form I-736 or CNMI EVS-TAP as a result 
of this IFR will be screened prior to boarding a carrier, information 
about their background that could be a threat to national security will 
be obtained by CBP and DHS before they board a plane.
    Additionally, because parole is granted on a case-by-case basis, 
and therefore, not all PRC nationals have to be granted parole, CBP 
anticipates that CNMI EVS-TAP will have a spillover effect to Chinese 
travelers from two groups: (1) those who, under the baseline, could 
seek to be paroled into the CNMI and did not have to (but could) obtain 
a visa to travel to the CNMI and (2) those who either could not or 
chose not to seek to be paroled into the CNMI and had to obtain a visa, 
but that will be able to travel without first obtaining a visa to the 
CNMI because of this IFR. Both of these groups will now be able to 
travel to the CNMI without paying the visa fee of $160 and spending the 
time it takes to obtain a visa (90 minutes).\74\ CBP does not know how 
many individuals will increase their travel as a result of this rule, 
but CBP believes that this number will be relatively small and hence is 
discussed qualitatively in this analysis.
---------------------------------------------------------------------------

    \74\ Form DS-160 time burden includes the time estimated to 
complete Form DS-160: Online Nonimmigrant Visa Application for the 
B-1, B2, or B-1/B2.--See, e.g., U.S. Department of State, 60-Day 
Notice of Proposed Information Collection: Application for 
Nonimmigrant Visa, 83 FR 13807 (Mar. 30, 2018).
---------------------------------------------------------------------------

Results: Net Impact of Rule
    For the five-year period of analysis, the present value cost of the 
IFR is estimated at $7,018,942 (PV, 7-percent), which includes 
increased traveler opportunity cost for both Phase I and Phase II, 
information technology costs associated with the automation of Form I-
736, as well as developing CNMI EVS-TAP. The estimated costs of this 
rule are presented in Table 27.

                                  Table 27--Total Costs of the Rule (2022-2026)
                                                   [2021 USD]
----------------------------------------------------------------------------------------------------------------
                                                         3% Discount rate               7% Discounted rate
              Costs                Undiscounted  ---------------------------------------------------------------
                                                   Present value    Annualized     Present value    Annualized
----------------------------------------------------------------------------------------------------------------
Time burden, program                  $8,247,289      $7,676,396      $1,676,176      $7,018,942      $1,711,855
 development, operations and
 maintenance....................
----------------------------------------------------------------------------------------------------------------

    The present value benefits are $11,956,620 (PV, 7-percent), which 
result from a reduction in costs to CBP resulting from the automation 
of Form I-736, and a reduction in costs associated with individuals 
found to be inadmissible at Guam-CNMI POEs. The sums of the total 
benefits resulting from this rule are presented in Table 28.

                                Table 28--Total Benefits of the Rule (2022-2026)
                                                   [2021 USD]
----------------------------------------------------------------------------------------------------------------
                                                         3% Discount rate               7% Discounted rate
            Benefits               Undiscounted  ---------------------------------------------------------------
                                                   Present value    Annualized     Present value    Annualized
----------------------------------------------------------------------------------------------------------------
Phase I:
    Automation of Form I-746....      $6,876,422      $6,302,883      $1,376,263      $5,633,886      $1,377,519
Phase II:
    CNMI EVS-TAP................       7,818,184       7,117,691       1,554,180       6,322,734       1,542,055
                                 -------------------------------------------------------------------------------
        Total...................      14,694,606      13,420,574       2,930,443      11,956,620       2,919,574
----------------------------------------------------------------------------------------------------------------

    The net present value is calculated as the difference between 
present value costs and present value benefits. The net present value 
for this rule is calculated at $4,937,678 (PV 7-percent), and 
accordingly the present value benefits justify the present value costs 
(see Table 29).

[[Page 3327]]



                             Table 29--Net present benefits of the rule (2022-2026)
                                                   [2021 USD]
----------------------------------------------------------------------------------------------------------------
                                                         3% Discount rate               7% Discounted rate
          Net benefits             Undiscounted  ---------------------------------------------------------------
                                                   Present value    Annualized     Present value    Annualized
----------------------------------------------------------------------------------------------------------------
Automation of Form I-736 and          $6,447,317      $5,744,178      $1,254,266      $4,937,678      $1,207,719
 CNMI EVS-TAP...................
----------------------------------------------------------------------------------------------------------------

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), as amended 
by the Small Business Regulatory Enforcement Fairness Act of 1996, 
requires agencies to assess the impact of regulations on small entities 
when the agency is required to publish a general notice of proposed 
rulemaking for a rule. A small entity may be a small business (defined 
as any independently owned and operated business not dominant in its 
field that qualifies as a small business per the Small Business Act); a 
small not-for-profit organization; or a small governmental jurisdiction 
(locality with fewer than 50,000 people). Because this rule is being 
issued as an interim final rule under the foreign affairs exception 
described above, a regulatory flexibility analysis is not required 
under the Regulatory Flexibility Act (5 U.S.C. 601-612).

D. Unfunded Mandates Reform Act

    This rule will not result in the expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more (adjusted annually for inflation) in any one year, and 
it will not significantly or uniquely affect small governments. 
Therefore, no actions were deemed necessary under the provisions of the 
Unfunded Mandates Reform Act of 1995.

E. Privacy

    CBP will ensure that all Privacy Act requirements and policies are 
adhered to in the implementation of this rule, and will issue or update 
any necessary Privacy Impact Assessment and/or Privacy Act System of 
Records notice to fully outline processes that will ensure compliance 
with Privacy Act protections.

F. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507), an agency may not conduct, and a person is not required to 
respond to, a collection of information unless the collection of 
information displays a valid control number assigned by OMB. The 
collections of information for this rulemaking are included in an 
existing collection for CBP Forms I-736 (OMB control number 1651-0109).
    This rule automates the collection of Form I-736 and requires that 
travelers under the G-CNMI VWP submit this information in advance of 
arrival. The rule also creates a new system, CNMI EVS-TAP, wherein 
travelers from the PRC to the CNMI can submit advance information to 
CBP so they may be vetted for a 14-day visa free admissibility period. 
These travelers will also need to complete an additional set of vetting 
questions. OMB Control number 1651-0109 will be revised to reflect the 
increase in burden hours as follows:
Form I-736
    Estimated Number of Respondents: 1,370,000.
    Estimated Number of Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 1,370,000.
    Estimated Time per Response: 21 minutes (0.35 hours).
    Estimated Total Annual Burden Hours: 479,500.

CNMI EVS-TAP

    Estimated Number of Annual Respondents: 230,000.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Total Annual Responses: 230,000.
    Estimated Time per Response: 26 minutes (0.433 hours).
    Estimated Total Annual Burden Hours: 99,667.

List of Subjects

8 CFR Part 212

    Administrative practice and procedure, Aliens, Immigration, 
Passports and visas, Reporting and recordkeeping requirements.

8 CFR Part 214

    Administrative practice and procedure, Aliens, Cultural exchange 
program, Employment, Foreign officials, Health professions, Reporting 
and recordkeeping requirements, Students.

8 CFR Part 233

    Air carriers, Aliens, Government contracts, Maritime carriers.

Amendments to the Regulations

    For the reasons set forth above, DHS amends parts 212, 214, and 233 
of title 8 of the Code of Federal Regulations (8 CFR parts 212, 214, 
and 233) as follows:

PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS; 
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE

0
1. The authority citation for part 212 is revised to read as follows:

    Authority:  6 U.S.C. 111, 202(4) and 271; 8 U.S.C. 1101 and 
note, 1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227, 
1255, 1359; section 7209 of Pub. L. 108-458 (8 U.S.C. 1185 note); 
Title VII of Pub. L. 110-229 (8 U.S.C. 1185 note); Pub. L. 115-218; 
8 CFR part 2.
    Section 212.1(q) and (r) also issued under section 702, Pub. L. 
110-229, 122 Stat. 754, 854.


0
2. Amend Sec.  212.1 as follows:
0
a. Revise paragraph (q)(1)(v);
0
b. In paragraph (q)(1)(x), at the end of the text remove ``; and'' and 
add in its place ``.'';
0
c. Remove paragraph (q)(1)(xi);
0
d. In paragraph (q)(2)(ii)(B), add at end of the last sentence before 
the period, ``, and must be in possession of a Taiwan National Identity 
Card and a valid Taiwan passport with a valid re-entry permit issued by 
the Taiwan Ministry of Foreign Affairs'';
0
e. In paragraph (q)(4), add the heading ``Ineligibility due to 
admission under the Guam-CNMI Visa Waiver Program.'';
0
f. Revise paragraph (q)(5)(iv);
0
g. In paragraph (q)(5)(v), add the text ``(see Sec.  1.4)'' after the 
text ``(CBP Form I-94)'';
0
h. Remove and reserve paragraph (q)(6);
0
i. Revise the paragraph (q)(7) paragraph heading;
0
j. In paragraph (q)(7)(i):
0
i. Remove the designation and heading;
0
ii. Remove the words ``his or her'' and add in their place the words 
``the alien's'' in the first instance and the words ``the officer's'' 
in the second instance;
0
k. In paragraph (q)(8)(ii)(A), in the first sentence remove the words 
``his or her'' and add in their place the words ``the alien's'';

[[Page 3328]]

0
l. In paragraph (q)(8)(ii)(B), remove the reference to ``paragraph 
(b)(1)'' and add in its place ``paragraph (q)(8)(ii)(A)'';
0
m. Add paragraphs (q)(9) and (10); and
0
n. Add paragraph (r).
    The revision and additions read as follows:


Sec.  212.1   Documentary requirements for nonimmigrants.

* * * * *
    (q) * * *
    (1) * * *
    (v) On or after November 29, 2024, receive electronic travel 
authorization pursuant to paragraph (q)(9) of this section; prior to 
this date, receive electronic travel authorization pursuant to 
paragraph (q)(9) of this section or be in possession of a completed and 
signed Guam-CNMI Visa Waiver Information Form (CBP Form I-736);
* * * * *
    (5) * * *
    (iv) On or after November 29, 2024, transport an alien who has 
received electronic travel authorization pursuant to paragraph (q)(9) 
of this section; prior to this date, transport an alien who has 
received electronic travel authorization pursuant to paragraph (q)(9) 
of this section or an alien in possession of a completed and signed 
Guam-CNMI Visa Waiver Information Form (CBP Form I-736), and
* * * * *
    (6) [Reserved]
    (7) Maintenance of status--satisfactory departure. * * *
* * * * *
    (9) Electronic Travel Authorization--(i) Travel authorization 
required. Each nonimmigrant alien intending to travel to Guam or the 
CNMI under the Guam-CNMI Visa Waiver Program on or after November 29, 
2024, must, within the time specified in paragraph (q)(9)(ii) of this 
section, receive a travel authorization, which is a positive 
determination of eligibility to travel to the United States under the 
Guam-CNMI Visa Waiver Program, from CBP. In order to receive a travel 
authorization, each nonimmigrant alien intending to travel to Guam or 
the CNMI under the Guam-CNMI Visa Waiver Program must provide the data 
elements set forth in paragraph (q)(9)(iii) of this section to CBP, in 
English, in the manner specified herein. Prior to this date, travelers 
must either receive an electronic travel authorization pursuant to this 
subparagraph or provide the required information via a completed and 
signed paper Guam-CNMI Visa Waiver Information Form (CBP Form I-736) 
upon arrival.
    (ii) Time. Each alien falling within the provisions of paragraph 
(q)(9)(i) of this section must receive a travel authorization prior to 
embarking on a carrier for travel to Guam or the CNMI.
    (iii) Required elements. CBP will collect such information as the 
Secretary deems necessary to issue a travel authorization, as reflected 
by the electronic Guam-CNMI Visa Waiver Information Form (Form I-736).
    (iv) Duration--(A) General rule. A travel authorization issued 
under the Guam-CNMI Visa Waiver Program will be valid for a period of 
two years from the date of issuance, unless the passport of the 
authorized alien will expire in less than two years, in which case the 
authorization will be valid until the date of expiration of the 
passport.
    (B) Exception. For travelers from countries or geographic areas 
which have not entered into agreements with the United States whereby 
their passports are recognized as valid for the return of the bearer to 
the country or geographic area of the foreign-issuing authority for a 
period of six months beyond the expiration date specified in the 
passport, a travel authorization issued under the Guam-CNMI Visa Waiver 
Program is not valid beyond the six months prior to the expiration date 
of the passport. Travelers from these countries or geographic areas 
whose passports will expire in six months or less will not receive a 
travel authorization.
    (C) Changes to the validity period. The Secretary, in consultation 
with the Secretary of State, may increase or decrease the Guam-CNMI 
Visa Waiver Program travel authorization validity period otherwise 
authorized by subparagraph (A) for a designated Guam-CNMI Visa Waiver 
Program country or geographic area. Notice of any change to the Guam-
CNMI Visa Waiver Program travel authorization validity periods will be 
published in the Federal Register. The Guam-CNMI Visa Waiver Program 
website will be updated to reflect the specific Guam-CNMI Visa Waiver 
Program travel authorization validity period for each Guam-CNMI Visa 
Waiver Program country or geographic area.
    (v) New travel authorization required. A new travel authorization 
is required if any of the following occurs:
    (A) The alien is issued a new passport;
    (B) The alien's name changes;
    (C) The alien's gender changes;
    (D) The alien's country of citizenship changes; or
    (E) The circumstances underlying the alien's previous responses to 
any of the Guam-CNMI Visa Waiver Information Form (Form I-736) 
questions requiring a ``yes'' or ``no'' response (eligibility 
questions) have changed.
    (vi) Limitations--(A) Current authorization period. A travel 
authorization under the Guam-CNMI Visa Waiver Program is a positive 
determination that an alien is eligible, and grants the alien 
permission, to travel to Guam or the CNMI under the Guam-CNMI Visa 
Waiver Program and to apply for admission under the Guam-CNMI Visa 
Waiver Program during the period of time the travel authorization is 
valid. A travel authorization under the Guam-CNMI Visa Waiver Program 
is not a determination that the alien is admissible to Guam, the CNMI, 
or the United States. A determination of admissibility is made only 
after an applicant for admission is inspected by a CBP officer at a 
U.S. port of entry in Guam or the CNMI.
    (B) Not a determination of visa eligibility. A determination under 
the Guam-CNMI Visa Waiver Program that an alien is not eligible to 
travel to Guam or the CNMI under the Guam-CNMI Visa Waiver Program is 
not a determination that the alien is ineligible for a visa to travel 
to Guam, the CNMI, or the United States and does not preclude the alien 
from applying for a visa before a United States consular officer.
    (C) Revocation. A determination under the Guam-CNMI Visa Waiver 
Program that an alien is eligible to travel to Guam or the CNMI to 
apply for admission under the Guam-CNMI Visa Waiver Program may be 
revoked at the discretion of the Secretary.
    (10) Severability. The provisions of paragraphs (q) and (r) of this 
section are separate and severable from one another. If any provision 
is stayed or determined to be invalid, the remaining provisions shall 
continue in effect.
    (r) Aliens admissible under the Commonwealth of the Northern 
Mariana Islands (CNMI) Economic Vitality & Security Travel 
Authorization Program (EVS-TAP)--(1) Description. In accordance with 
Public Law 110-229, the Secretary, in consultation with the Secretaries 
of the Departments of the Interior and State, may waive the visa 
requirement in the case of a nonimmigrant alien who seeks admission to 
Guam or the Commonwealth of the Northern Mariana Islands (CNMI). The 
requirements for the Guam-CNMI Visa Waiver program are set forth in 
paragraph (q) of this section. Also in accordance with Public Law 110-
229 and the process provided therein, the Secretary may add countries 
to the list of those whose nationals may obtain a visa waiver, with any 
special

[[Page 3329]]

requirements the Secretary may impose. The CNMI Economic Vitality & 
Security Travel Authorization Program (EVS-TAP) is a restricted travel 
authorization sub-program of the Guam-CNMI Visa Waiver Program that 
allows a nonimmigrant alien who is a national of the People's Republic 
of China (PRC) to be admitted to the CNMI only without a visa in 
specified circumstances. A visa is still required for a nonimmigrant 
alien who is a national of the PRC seeking to be admitted to Guam.
    (2) Eligibility. To be admissible under the CNMI EVS-TAP, prior to 
embarking on a carrier for travel to the CNMI, the nonimmigrant alien 
must:
    (i) Be a national of the PRC;
    (ii) Be classifiable as a visitor for business or pleasure;
    (iii) Be solely entering and staying on the CNMI for a period not 
to exceed 14 days;
    (iv) Be in possession of a round trip ticket that is nonrefundable 
and nontransferable and bears a confirmed departure date not exceeding 
14 days from the date of admission to the CNMI. ``Round trip ticket'' 
includes any return trip transportation ticket issued by a 
participating carrier, electronic ticket record, airline employee 
passes indicating return passage, individual vouchers for return 
passage, group vouchers for return passage for charter flights, or 
military travel orders which include military dependents for return to 
duty stations outside the United States on U.S. military flights;
    (v) Receive an electronic travel authorization from CBP pursuant to 
paragraph (r)(9) of this section;
    (vi) Be in possession of a completed and signed I-94 (see Sec.  
1.4), Arrival-Departure Record (CBP Form I-94);
    (vii) Be in possession of a valid unexpired ICAO compliant, machine 
readable passport issued by the PRC;
    (viii) Have not previously violated the terms of any prior 
admissions or parole;
    (ix) Waive any right to review or appeal an immigration officer's 
determination of admissibility at the port of entry into the CNMI; and
    (x) Waive any right to contest any action for deportation or 
removal, other than on the basis of: an application for withholding of 
removal under section 241(b)(3) of the INA; withholding or deferral of 
removal under the regulations implementing Article 3 of the United 
Nations Convention Against Torture and Other Cruel, Inhuman or 
Degrading Treatment or Punishment; or, after December 31, 2029, an 
application for asylum if permitted under section 208 of the Act.
    (3) Suspension or Discontinuation of Program. (i) The Secretary may 
suspend the CNMI EVS-TAP for good cause including, but not limited to 
the following circumstances: (A) The admissions of visitors from the 
PRC have resulted in an unacceptable number of visitors from the PRC 
remaining unlawfully in the CNMI, unlawfully obtaining entry to other 
parts of the United States, or seeking withholding of removal or 
asylum; or (B) Visitors from the PRC pose a risk to law enforcement or 
security interests, including the enforcement of immigration laws of 
the CNMI or the United States.
    (ii) The Secretary, in consultation with the Secretary of the 
Interior and the Secretary of State, may also discontinue the CNMI EVS-
TAP based on the evaluation of all factors the Secretary deems relevant 
including, but not limited to, electronic travel authorization, 
procedures for reporting lost and stolen passports, repatriation of 
aliens, rates of refusal for nonimmigrant visitor visas, overstays, 
exit systems, and information exchange.
    (4) Ineligibility due to admission under the CNMI EVS-TAP. 
Admission under this section renders an alien ineligible for:
    (i) Adjustment of status to that of a temporary resident or, except 
as provided by section 245(i) of the Act or as an immediate relative as 
defined in section 201(b) of the Act, to that of a lawful permanent 
resident.
    (ii) Change of nonimmigrant status; or
    (iii) Extension of stay.
    (5) Requirements for transportation lines. A transportation line 
bringing any alien to the CNMI pursuant to this section must:
    (i) Enter into a contract on CBP Form I-760, made by the 
Commissioner of U.S. Customs and Border Protection on behalf of the 
government;
    (ii) Transport an alien only if the alien is a national of the PRC 
and is in possession of a valid unexpired ICAO compliant, machine 
readable passport issued by the PRC;
    (iii) Transport an alien only if the alien is in possession of a 
round trip ticket as defined in paragraph (r)(2)(iv) of this section 
bearing a confirmed departure date not exceeding 14 days from the date 
of admission to the CNMI which the carrier will unconditionally honor 
when presented for return passage. This ticket must be:
    (A) Valid for a period of not less than one year,
    (B) Nonrefundable except in the country in which issued or in the 
country of the alien's nationality or residence, and
    (C) Issued by a carrier which has entered into an agreement 
described in paragraph (r)(5) of this section.
    (iv) Transport an alien only if the alien has received electronic 
travel authorization from CBP pursuant to paragraph (r)(9) of this 
section.
    (6) [Reserved.]
    (7) Maintenance of status--satisfactory departure. If an emergency 
prevents an alien admitted under the CNMI EVS-TAP, as set forth in this 
paragraph (r), from departing from the CNMI within the alien's period 
of authorized stay, an immigration officer having jurisdiction over the 
place of the alien's temporary stay may, in the officer's discretion, 
grant a period of satisfactory departure not to exceed 15 days. If 
departure is accomplished during that period, the alien is to be 
regarded as having satisfactorily accomplished the visit without 
overstaying the allotted time.
    (8) Inadmissibility and Deportability--(i) Determinations of 
inadmissibility. (A) An alien who applies for admission under the 
provisions of the CNMI EVS-TAP, who is determined by an immigration 
officer to be inadmissible to the CNMI under one or more of the grounds 
of inadmissibility listed in section 212 of the Act (other than for 
lack of a visa), or who is in possession of and presents fraudulent or 
counterfeit travel documents, will be refused admission into the CNMI 
and removed. Such refusal and removal shall be effected without 
referral of the alien to an immigration judge for further inquiry, 
examination, or hearing. The provisions of 8 CFR subpart 208 subpart A 
shall not apply to an alien present or arriving in the CNMI seeking to 
apply for asylum prior to January 1, 2030. No application for asylum 
may be filed pursuant to section 208 of the Act by an alien present or 
arriving in the CNMI prior to January 1, 2030; however, aliens 
physically present in the CNMI during the transition period who express 
a fear of persecution or torture only may establish eligibility for 
withholding of removal pursuant to INA 241(b)(3) or pursuant to the 
regulations implementing Article 3 of the United Nations Convention 
Against Torture and Other Cruel, Inhuman or Degrading Treatment or 
Punishment.
    (B) The removal of an alien under this section may be deferred if 
the alien is paroled into the custody of a Federal, State, or local law 
enforcement agency for criminal prosecution or punishment. This section 
in no way diminishes the discretionary authority of the Secretary 
enumerated in section 212(d) of the Act.

[[Page 3330]]

    (C) Refusal of admission under this paragraph shall not constitute 
removal for purposes of the Act.
    (ii) Determination of deportability. (A) An alien who has been 
admitted to the CNMI under the provisions of this section who is 
determined by an immigration officer to be deportable from the CNMI 
under one or more of the grounds of deportability listed in section 237 
of the Act, shall be removed from the CNMI to the alien's country of 
nationality or last residence. Such removal will be determined by DHS 
authority that has jurisdiction over the place where the alien is 
found, and will be effected without referral of the alien to an 
immigration judge for a determination of deportability. The provisions 
of 8 CFR part 208 subpart A shall not apply to an alien present or 
arriving in the CNMI seeking to apply for asylum prior to January 1, 
2030. No application for asylum may be filed pursuant to section 208 of 
the INA by an alien present or arriving in the CNMI prior to January 1, 
2030; however, aliens physically present or arriving in the CNMI prior 
to January 1, 2030, may apply for withholding of removal under section 
241(b)(3) of the Act and withholding and deferral of removal under the 
regulations implementing Article 3 of the United Nations Convention 
Against Torture, Inhuman or Degrading Treatment or Punishment.
    (B) Removal by DHS under paragraph (r)(8)(ii)(A) of this section is 
equivalent in all respects and has the same consequences as removal 
after proceedings conducted under section 240 of the Act.
    (iii) Removal of inadmissible aliens who arrived by air or sea. 
Removal of an alien from the CNMI under this section may be effected 
using the return portion of the round trip passage presented by the 
alien at the time of entry to the CNMI. Such removal shall be on the 
first available means of transportation to the alien's point of 
embarkation to the CNMI. Nothing in this part absolves the carrier of 
the responsibility to remove any inadmissible or deportable alien at 
carrier expense, as provided in the carrier agreement.
    (9) Electronic Travel Authorization--(i) Travel authorization 
required. Each nonimmigrant alien intending to travel to the CNMI under 
the CNMI EVS-TAP as described in paragraph (r)(1) of this section must, 
within the time specified in paragraph (r)(9)(ii) of this section, 
receive a travel authorization from CBP, which is a positive 
determination of eligibility to travel to the United States under the 
CNMI EVS-TAP. In order to receive a travel authorization, each 
nonimmigrant alien intending to travel to the CNMI under the CNMI EVS-
TAP must provide the information set forth in paragraph (r)(9)(iii) of 
this section electronically to CBP, in English, in the manner specified 
herein.
    (ii) Time. Each alien falling within the provisions of paragraph 
(r)(9)(i) of this section must receive a travel authorization prior to 
embarking on a carrier for travel to the CNMI.
    (iii) Required elements. CBP will collect such information as the 
Secretary deems necessary to issue a travel authorization, as reflected 
by the electronic CNMI EVS-TAP application questions.
    (iv) Duration--(A) General rule. A travel authorization issued 
under the CNMI EVS-TAP will be valid for a period of one year from the 
date of issuance.
    (B) Exceptions. If the passport of the authorized alien will expire 
in less than one year but greater than six months, the authorization 
will be valid until six months prior to the expiration date of the 
passport. Travelers whose passports will expire in six months or less 
will not receive a travel authorization.
    (C) Changes to the validity period. The Secretary, in consultation 
with the Secretary of State, may increase or decrease the CNMI EVS-TAP 
travel authorization validity period otherwise authorized by paragraph 
(r)(9)(iv)(A) of this section. Notice of any change to the CNMI EVS-TAP 
travel authorization validity period will be published in the Federal 
Register. The CNMI EVS-TAP website will be updated to reflect the 
travel authorization validity period.
    (v) New travel authorization required. A new travel authorization 
is required if any of the following occurs:
    (A) The alien is issued a new passport;
    (B) The alien's name changes;
    (C) The alien's gender changes;
    (D) The alien's country of citizenship changes; or
    (E) The circumstances underlying the alien's previous responses to 
any of the CNMI EVS-TAP questions requiring a ``yes'' or ``no'' 
response (eligibility questions) have changed.
    (vi) Limitations--(A) Current authorization period. A travel 
authorization under the CNMI EVS-TAP is a positive determination that 
an alien is eligible, and grants the alien permission, to travel to the 
CNMI under the CNMI EVS-TAP and to apply for admission under the CNMI 
EVS-TAP during the period of time the travel authorization is valid. A 
travel authorization under the CNMI EVS-TAP is not a determination that 
the alien is admissible to the CNMI. A determination of admissibility 
is made only after an applicant for admission is inspected by a CBP 
officer at a U.S. port of entry in the CNMI.
    (B) Not a determination of visa eligibility. A determination under 
the CNMI EVS-TAP that an alien is not eligible to travel to the CNMI 
under the CNMI EVS-TAP is not a determination that the alien is 
ineligible for a visa to travel to the CNMI and does not preclude the 
alien from applying for a visa before a United States consular officer.
    (C) Revocation. A determination under the CNMI EVS-TAP that an 
alien is eligible to travel to the CNMI to apply for admission under 
the CNMI EVS-TAP may be revoked at the discretion of the Secretary.
    (10) Severability. The provisions of paragraphs (q) and (r) of this 
section are separate and severable from one another. If any provision 
is stayed or determined to be invalid, the remaining provisions shall 
continue in effect.
    (11) Implementation date. The requirements of this paragraph will 
take effect 45 days after the publication by the Secretary of 
notification in the Federal Register announcing the implementation of 
CNMI EVS-TAP.

PART 214--NONIMMIGRANT CLASSES

0
3. The authority citation for part 214 continues to read as follows:

    Authority:  6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182, 
1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643, 
Pub. L. 104-208, 110 Stat. 3009-708; Pub. L. 106-386, 114 Stat. 
1477-1480; section 141 of the Compacts of Free Association with the 
Federated States of Micronesia and the Republic of the Marshall 
Islands, and with the Government of Palau, 48 U.S.C. 1901 note and 
1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2; Pub. L. 115-
218.


0
4. Section 214.1 is amended by revising paragraph (c)(3)(viii), to read 
as follows:


Sec.  214.1  Requirements for admission, extension, and maintenance of 
status.

* * * * *
    (c) * * *
    (3) * * *
    (viii) Any nonimmigrant admitted pursuant to the Guam-CNMI Visa 
Waiver Program, or its sub-program, the CNMI Economic Vitality & 
Security Travel Authorization Program (EVS-TAP), as provided in section 
212(l) of the Act.
* * * * *

PART 233--CONTRACTS WITH TRANSPORTATION LINES

0
5. The authority citation for part 233 continues to read as follows:


[[Page 3331]]


    Authority:  8 U.S.C. 1101, 1103, 1182, 1221, 1228, 1229, 8 CFR 
part 2.


0
6. Section 233.6 is revised to read as follows:


Sec.  233.6  Aliens entering Guam or the Commonwealth of the Northern 
Mariana Islands pursuant to Title VII of Public Law 110-229, 
``Consolidated Natural Resources Act of 2008.''

    A transportation line bringing aliens to Guam or the Commonwealth 
of the Northern Mariana Islands under the visa waiver provisions of 
Sec.  212.1(q) of this chapter or to the Commonwealth of the Northern 
Mariana Islands under the visa waiver provisions of Sec.  212.1(r) of 
this chapter must enter into an agreement on CBP Form I-760. Such 
agreements must be negotiated directly by U.S. Customs and Border 
Protection and head offices of the transportation lines.

Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2024-00645 Filed 1-17-24; 8:45 am]
BILLING CODE 9111-14-P