Arrival and Departure Record

Forms and Documents

Document Name	Status
Form I-94 Arrival and Departure Record I-94 Form and Instruction	Unchanged
Form I-94W I-94W Nonimmigrant Visa Waiver Arrival/Departure Form and Instruction	Unchanged
ESTA fee Interim Rule.pdf Supplementary Document	2010-08-10
PRA Statement 8-10-2010 (with fee).docx Supporting Statement A	2010-08-10
Travel Promotion Act.pdf Supplementary Document	2010-07-13
Non-Immigrant SORN.pdf Supplementary Document	2010-04-15
9-11 Act PL 110-53.doc Supplementary Document	2010-03-18
8 CFR 217 and 212 1(e).doc Supplementary Document	2010-03-18
privacy_pia_cbp_esta.pdf Supplementary Document	2009-03-17
Supporting Laws.doc Supplementary Document	2008-03-04

IC Document Collections

IC ID	Document Title	Status
20892	Arrival and Departure Record I-94 Form and Instruction	Unchanged
194178	Electronic System for Travel Authorization with Fee	New
184545	Electronic System for Travel Authorization (ESTA) Other-website	Unchanged
184027	I-94W Nonimmigrant Visa Waiver Arrival/Departure Form and Instruction	Unchanged

ICR Details

OMB Control No: 1651-0111	ICR Reference No: 201007-1651-004
Status: Historical Active	Previous ICR Reference No: 201003-1651-002
Agency/Subagency: DHS/USCBP	Agency Tracking No:
Title: Arrival and Departure Record
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 08/06/2010
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/02/2010
	Date Received in OIRA: 07/30/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2011	6 Months From Approved	07/31/2011
Responses	49,000,000	0	33,000,000
Time Burden (Hours)	6,600,300	0	6,600,300
Cost Burden (Dollars)	308,600,000	0	84,600,000

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Abstract: Form I-94 (Arrival/Departure Record) and Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure Record) are used to document a traveler's admission into the United States. These forms include date of arrival, visa classification and the date the authorized stay expires. The forms are also used by business employers and other organizations to confirm legal status in the United States. The Electronic System for Travel Authorization (ESTA) applies to aliens traveling to the United States under the Visa Waiver Program (VWP) and requires that VWP travelers provide information electronically to CBP before embarking on travel to the United States.

Emergency Justfication: CBP is planning to institute a $4.00 fee for use of ESTA plus the $10 fee for the Travel Promotion Fund and will announce this fee in an interim final rule to be published in the Federal Register in August 2010. The rule will go into effect in September 2010, therefore an emergency approval of this collection is required. The $4.00 fee amount is based on actual and projected costs relating to designing, implementing, and administering the system and it will be collected as part of the online ESTA application process beginning in 2010, 60 days after the regulations are published. CBP has also calculated a small charge of $0.37 for transaction costs associated with currency conversions. This fee is charged by credit card companies to convert transactions to U.S. dollars and would be paid by the traveler. (This is a cost of the ESTA fee interim final rule, but it is not included in the regulatory text because it is not imposed by the United States government.)

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Authorizing Statute(s): US Code: 8 USC 217 Name of Law: Immigration and Nationality Act
   US Code: 8 USC 231 Name of Law: Immigration and Nationality Act
   PL: Pub.L. 110 - 53 711 Name of Law: 9/11 Act
   PL: Pub.L. 111 - 145 9 Name of Law: Travel Promotion Act
  

Citations for New Statutory Requirements: PL: Pub.L. 110 - 53 711 Name of Law: 9/11 Act

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
1651-AA83	Final or interim final rulemaking	75 FR 47701	08/09/2010

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 4

IC Title	Form No.	Form Name
Electronic System for Travel Authorization with Fee
Electronic System for Travel Authorization (ESTA)
I-94W Nonimmigrant Visa Waiver Arrival/Departure	I-94W	Nonimmigrant Visa Waiver Approval/Departure
Arrival and Departure Record I-94	I-94	Arrival/Departure Record

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	49,000,000	33,000,000	16,000,000	0	0	0
Annual Time Burden (Hours)	6,600,300	6,600,300	0	0	0	0
Annual Cost Burden (Dollars)	308,600,000	84,600,000	224,000,000	0	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 07/30/2010

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