[Federal Register Volume 89, Number 38 (Monday, February 26, 2024)]
[Notices]
[Pages 14083-14084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03772]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[OMB Control Number 1651-0111]


Agency Information Collection Activities; Revision; Arrival and 
Departure Record and Electronic System for Travel Authorization (ESTA)

AGENCY: U.S. Customs and Border Protection (CBP), Department of 
Homeland Security.

ACTION: 60-Day notice and request for comments

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SUMMARY: The Department of Homeland Security, U.S. Customs and Border 
Protection (CBP) will be submitting the following information 
collection request to the Office of Management and Budget (OMB) for 
review and approval in accordance with the Paperwork Reduction Act of 
1995 (PRA). The information collection is published in the Federal 
Register to obtain comments from the public and affected agencies.

DATES: Comments are encouraged and must be submitted (no later than 
April 26, 2024) to be assured of consideration.

ADDRESSES: Written comments and/or suggestions regarding the item(s) 
contained in this notice must include the OMB Control Number 1651-0111 
in the subject line and the agency name. Please submit written comments 
and/or suggestions in English. Please use the following method to 
submit comments:
    Email. Submit comments to: [email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional PRA 
information should be directed to Seth Renkema, Chief, Economic Impact 
Analysis Branch, U.S. Customs and Border Protection, Office of Trade, 
Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC 
20229-1177, Telephone number 202-325-0056 or via email 
[email protected]. Please note that the contact information provided 
here is solely for questions regarding this notice. Individuals seeking 
information about other CBP programs should contact the CBP National 
Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP 
website at https://www.cbp.gov/.

SUPPLEMENTARY INFORMATION: CBP invites the general public and other 
Federal agencies to comment on the proposed and/or continuing 
information collections pursuant to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). This process is conducted in accordance with 
5 CFR 1320.8. Written comments and suggestions from the public and 
affected agencies should address one or more of the following four 
points: (1) whether the proposed collection of information is necessary 
for the proper performance of the functions of the agency, including 
whether the information will have practical utility; (2) the accuracy 
of the agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (3) suggestions to enhance the quality, utility, and clarity of 
the information to be collected; and (4) suggestions to minimize the 
burden of the collection of information on those who are to respond, 
including through the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology, e.g., permitting electronic submission of 
responses. The comments that are submitted will be summarized and 
included in the request for approval. All comments will become a matter 
of public record.

Overview of This Information Collection

    Title: Arrival and Departure Record and Electronic System for 
Travel Authorization (ESTA).
    OMB Number: 1651-0111.
    Form Number: N/A.
    Current Actions: Revision of an existing information collection.
    Type of Review: Revision.
    Affected Public: Individuals.
    Abstract: CBP is implementing a new capability within CBP One\TM\ 
to allow nonimmigrants who are subject to Form I-94 (``I-94'') 
requirements, and who are departing the United States, to voluntarily 
provide biographic data, facial images, and geolocation to provide 
evidence of that departure. This collection is a part of CBP's critical 
efforts in fulfilling DHS's mandate to collect biometric information 
from departing nonimmigrants and CBP's plans to fully automate I-94 
information collection. This capability will close the information gap 
on nonimmigrant entries and exits by making it easier for nonimmigrants 
subject to I-94 requirements to report their exit to CBP after their 
departure from the United States. It will also create a biometrically 
confirmed, and thereby more accurate, exit record for such 
nonimmigrants leaving the United States.
    Certain nonimmigrants subject to I-94 requirements may voluntarily 
submit their facial images using the CBP One\TM\ mobile application 
(the app) in order to report their exit from the United States.
    Nonimmigrants may use the app to voluntarily submit their 
biographic information from their passports, or other traveler 
documents after they have exited the United States.
    Nonimmigrants will then use the app to take a ``selfie'' picture. 
CBP will utilize geolocation services to confirm that the nonimmigrant 
is outside the United States as well as run ``liveness detection'' 
software to determine that the selfie photo is a live photo, as opposed 
to a previously uploaded photo. The app will then compare the live 
photo to facial images for that person already retained by CBP to 
confirm the exit biometrically.
    CBP will utilize this information to help reconcile a 
nonimmigrant's exit with that person's last arrival. The report of exit 
will be recorded as a biometrically confirmed departure in

[[Page 14084]]

the Arrival and Departure Information System (ADIS) maintained by CBP. 
Nonimmigrants may utilize this information as proof of departure, which 
is most relevant in the land border environment, but may be utilized 
for departures via air and sea if desired.
    As it pertains to the land environment, there is no requirement for 
nonimmigrants leaving the United States to report their departure to 
CBP. However, as described further below, CBP encourages nonimmigrants 
to report their departure to CBP when they exit, so that CBP can record 
their exit from the United States.
    Although CBP routinely collects biometric data from nonimmigrants 
entering the United States, there currently is no comprehensive system 
in place to collect biometrics from nonimmigrants departing the 
country. Collecting biometrics at both arrival and departure will thus 
enable CBP and DHS to know with better accuracy whether nonimmigrants 
are departing the country when they are required to depart. Further, 
collecting biometric data will help to reduce visa or travel document 
fraud and improve CBP's ability to identify criminals and known or 
suspected terrorists. CBP has been testing various options to collect 
biometrics at departure in the land and air environments since 2004.
    At the same time, CBP is also now working to fully automate all I-
94 processes. Currently CBP issues electronic I-94s to most 
nonimmigrants entering the United States at land border ports of entry.
    Currently CBP does not routinely staff exit lanes at land border 
ports of entry, nor does CBP possess a single process for nonimmigrants 
subject to I-94 requirements to voluntarily report their departure. 
Nonimmigrants can currently report their departure by any one of the 
following means: (1) stopping at a land border port of entry and 
presenting a printed copy of their electronic I-94 to a CBP officer; 
(2) stopping at a land border port of entry and placing a printed copy 
of their electronic I-94 in a drop box provided by the port where 
available; (3) if exiting by land on the northern U.S. border, by 
turning in a paper copy of their electronic I-94 to the Canadian Border 
Services Agency (CBSA) when entering Canada (CBSA will then return the 
form to CBP); or (4) mailing a copy of their electronic I-94 and other 
proof of departure to CBP.
    The current options are burdensome and, in many cases, impractical 
or inconvenient due to the location and design of the ports. They also 
lead to haphazard record keeping and inaccurate data collection with 
respect to the nonimmigrants leaving the country. Most land border 
ports of entry provide limited access to the port for vehicles exiting 
the United States and have minimal parking available to the public. For 
this reason, most nonimmigrants do not report their departure when 
exiting at land border ports of entry. In those cases, CBP has no way 
to confirm that a nonimmigrant has exited the United States at the time 
of departure. CBP often discovers that a nonimmigrant has previously 
left the United States at a later date, when that same nonimmigrants 
attempts to re-enter the United States. Having proof of an exit via the 
CBP One\TM\ app would provide nonimmigrants some information for CBP 
officers to consider in the event the officer is unsure whether a 
nonimmigrant complied with the I-94 requirements provided upon their 
previous entry.
    In additonal, CBP intends to update the ESTA application website to 
require applicants to provide a photograph of their face, or 
``selfie'', in addition to the photo of the passport biographical page. 
These photos would be used to better ensure that the applicant is the 
rightful possessor of the document being used to obtain an ESTA 
authorization.
    Currently, applicants are allowed to have a third party apply for 
ESTA on their behalf. While this update would not remove that option, 
third parties, such as travel agents or family members, would be 
required to provide a photograph of the ESTA applicant.
    The ESTA Mobile application currently requires applicants to take a 
live photograph of their face, which is compared to the passport photo 
collected during the ESTA Mobile application process. This change will 
better align the application processes and requirements of ESTA website 
and ESTA Mobile applicants.

    Type of Information Collection: Paper I-94.
    Estimated Number of Respondents: 1,782,564.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 1,782,564.
    Estimated Time per Response: 8 minutes.
    Estimated Total Annual Burden Hours: 237,675.

    Type of Information Collection: I-94 website.
    Estimated Number of Respondents: 91,411.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 91,411.
    Estimated Time per Response: 4 minutes.
    Estimated Total Annual Burden Hours: 6,094.

    Type of Information Collection: ESTA Mobile Application.
    Estimated Number of Respondents: 500,000.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 500,000.
    Estimated Time per Response: 22 minutes.
    Estimated Total Annual Burden Hours: 183,333.

    Type of Information Collection: ESTA website.
    Estimated Number of Respondents: 15,000,000.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 15,000,000.
    Estimated Time per Response: 19 minutes.
    Estimated Total Annual Burden Hours: 4,750,000.

    Type of Information Collection: CBP One Mobile Application.
    Estimated Number of Respondents: 600,000.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 600,000.
    Estimated Time per Response: 2 minutes.
    Estimated Total Annual Burden Hours: 20,000.

    Dated: February 20, 2024.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border 
Protection.
[FR Doc. 2024-03772 Filed 2-23-24; 8:45 am]
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