30-Day FRN

Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[1651–0111]

Arrival and Departure Record,
Nonimmigrant Visa Waiver Arrival/
Departure, Electronic System for
Travel Authorization (ESTA)
U.S. Customs and Border
Protection (CBP), Department of
Homeland Security.
ACTION: 30-Day notice and request for
comments; revision of an existing
collection of information.
AGENCY:

The Department of Homeland
Security, U.S. Customs and Border
Protection will be submitting the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995 (PRA). The
information collection is published in
the Federal Register to obtain comments
from the public and affected agencies.
DATES: Comments are encouraged and
must be submitted (no later than March
25, 2022) to be assured of consideration.
ADDRESSES: Written comments and/or
suggestions regarding the item(s)
contained in this notice should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function.
FOR FURTHER INFORMATION CONTACT:
Requests for additional PRA information
should be directed to Seth Renkema,
Chief, Economic Impact Analysis
Branch, U.S. Customs and Border
Protection, Office of Trade, Regulations
and Rulings, 90 K Street NE, 10th Floor,
Washington, DC 20229–1177,
Telephone number 202–325–0056 or via
email [email protected]. Please
note that the contact information
provided here is solely for questions
regarding this notice. Individuals
seeking information about other CBP
programs should contact the CBP
National Customer Service Center at
877–227–5511, (TTY) 1–800–877–8339,
or CBP website at https://www.cbp.gov/.
SUPPLEMENTARY INFORMATION: CBP
invites the general public and other
Federal agencies to comment on the
proposed and/or continuing information
collections pursuant to the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.). This proposed information
collection was previously published in

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the Federal Register (86 FR 64508) on
November 18, 2021, allowing for a 60day comment period. This notice allows
for an additional 30 days for public
comments. This process is conducted in
accordance with 5 CFR 1320.8. Written
comments and suggestions from the
public and affected agencies should
address one or more of the following
four points: (1) Whether the proposed
collection of information is necessary
for the proper performance of the
functions of the agency, including
whether the information will have
practical utility; (2) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used; (3)
suggestions to enhance the quality,
utility, and clarity of the information to
be collected; and (4) suggestions to
minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses. The
comments that are submitted will be
summarized and included in the request
for approval. All comments will become
a matter of public record.
Overview of This Information
Collection
Title: Arrival and Departure Record,
Nonimmigrant Visa Waiver Arrival/
Departure, Electronic System for Travel
Authorization (ESTA).
OMB Number: 1651–0111.
Form Number: CBP Forms I–94 and I–
94W.
Current Actions: Revision of an
existing information collection.
Type of Review: Revision.
Affected Public: Individuals.
Abstract: Forms I–94 (Arrival/
Departure Record) and I–94W
(Nonimmigrant Visa Waiver Arrival/
Departure Record) are used to document
a traveler’s admission into the United
States. These forms are filled out by
non-immigrants and are used to collect
information on citizenship, residency,
passport, and contact information. The
data elements collected on these forms
enable the Department of Homeland
Security (DHS) to perform its mission
related to the screening of noncitizen
visitors for potential risks to national
security and the determination of
admissibility to the United States.
The Electronic System for Travel
Authorization (ESTA) applies to nonimmigrants seeking to travel to the
United States under the Visa Waiver
Program (VWP) and requires that VWP

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travelers provide information
electronically to CBP before embarking
on travel to the United States without a
visa. Travelers who are entering the
United States under the VWP in the air
or sea environment, and who have a
travel authorization obtained through
ESTA, are not required to complete the
paper Form I–94W. I–94 is provided for
by 8 CFR 235.1(h), ESTA is provided for
by 8 CFR 217.5.
On December 18, 2015, the President
signed into law the Visa Waiver
Program Improvement and Terrorist
Travel Prevention Act of 2015 (‘‘VWP
Improvement Act’’) as part of the
Consolidated Appropriations Act, 2016,
Public Law 114–113, 129 Stat. 2242. To
meet the requirements of this new act,
DHS strengthened the security of the
VWP through enhancements to the
ESTA applications and to the Form I–
94W, Form I–94 is not affected by this
change. Many of the provisions of the
new law became effective on the date of
enactment of the VWP Improvement
Act. The VWP Improvement Act
generally makes certain nationals of
VWP countries ineligible (with some
exceptions) from traveling to the United
States under the VWP. To ensure
compliance with the VWP Improvement
Act, CBP will continuously update the
application question with the list of
nationals ineligible to travel to the
United States under the VWP, as
designated in accordance with section
217(a)(12) of the Immigration and
Nationality Act, as amended (8 U.S.C.
1187(a)(12)).
Recent Changes
1. Complete biographic page, passport
photograph and MRZ: Currently, the
ESTA website allows applicants to
upload their passport page to capture
the passport’s machine-readable zone
(MRZ), which automatically populates
the individual’s biographic information,
eliminating the need to manually enter
the information into the ESTA
application. Applicants were able to
voluntarily submit a photo with their
ESTA application, CBP will now require
applicants to upload a picture of their
complete biographic passport page,
including the MRZ and passport
photograph. The addition of passport
photos will increase CBP’s capability to
confirm an applicant’s identity and
compare the photo against CBP and
other government holdings to locate any
derogatory information. Photos
collected as part of the ESTA
applications may also be used to match
travels through the biometric entry/exit
process. CBP is amending the ESTA
application to require the uploading of

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Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices

the complete biographic page to include
the photograph and the MRZ.
2. Mandatory Social Media Collection:
On May 31, 2019, the Department of
State updated its immigrant and
nonimmigrant visa application forms to
request additional information,
including social media identifiers, from
most U.S. visa applicants worldwide. In
keeping with this change, CBP is
amending the ESTA application to
change social media collection from
optional to mandatory. National security
is CBP’s top priority when adjudicating
ESTA applications, and every
prospective traveler to the United States
undergoes extensive security screening.
CBP is continually working to find
mechanisms to improve our screening
processes to protect U.S. citizens, while
supporting legitimate travel to the
United States. CBP already requests
certain contact information, travel
history and family member information
from all ESTA applicants. Making social
media a mandatory field in the ESTA
application will enhance our vetting
processes and assist in confirming
applicants’ identities. While the
completion of the field is mandatory,
applicants can still select ‘‘none’’.
3. Biometric Information Collection:
CBP will begin collecting biometric data
for identity confirmation on ESTA
applications. ESTA applicants will be
prompted to take a selfie or ‘‘live’’ photo
to conduct a ‘‘liveness’’ test to
determine if the ESTA application is
interfacing with a physically present
human being and not an inanimate
object, or if it is a photo of someone
other than the lawful passport holder.
Respondents will be able to scan their
passport biographic page, in order to
submit biographic information,
including passport photograph.
4. ESTA Mobile Application (App):
CBP will implement the ESTA Mobile
Application to provide an additional
and more convenient option for
intending VWP travelers to obtain an
ESTA. The Mobile App will collect
biometric data for confirmation of
identity. This is another enhancement
that will assist in preventing persons
intending to travel to the United States
under the VWP by fraud.
This new function will be accessible
via mobile devices, i.e., mobile phones,
tablets. The portability of mobile
devices will facilitate applying for an
ESTA application, because an ESTA
applicant will not be limited to applying
on a desktop computer. The first phase
will enable Android devices to use the
ESTA App, and the second phase will
follow with iOS. No implementation
date has been set for iOS
implementation.

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The Mobile App will be very similar
to the already established ESTA
application website at https://
esta.cbp.dhs.gov, but with Near Field
Communication (NFC).
The NFC:
• Allows users to scan the passport
e-Chip (embedded in the passport) to
extract passenger data.
• A Mobile Device with NFC
capability is required to scan the
Passport e-Chip when applying for a
new application using the ESTA Mobile
App.
• Data on the e-Chip enables the NFC
Scan.
• If the mobile device does not have
NFC capability, the user can submit an
ESTA application via the established
website.
After determining if the mobile device
has NFC capability:
1. The applicant takes a selfie or
‘‘live’’ photo (another person may also
take a photo of the applicant).
2. The Mobile App will do a
‘‘liveness’’ test to determine that it is
interfacing with a physically present
human being and not an inanimate
object, or if it is a photo of someone
other than the lawful passport holder.
3. If the passport photo does not
match the ‘‘liveness’’ photo, a ‘‘Third
Party Acknowledgement’’ screen will
display, which requires confirmation.
4. The applicant proceeds by
completing the data fields the same as
with the established ESTA application.
5. When the applicant completes the
application, he/she can review his/her
responses.
The payment process will be the same
as the established ESTA application,
and the cost of each ESTA application
will continue to be 14 USD, except in
the case of a denial, the fee is 4 USD.

Estimated Total Annual Burden
Hours: 257,252.
Type of Information Collection: I–94W
Estimated Number of Respondents:
941,291.
Estimated Number of Annual
Responses per Respondent: 1.
Estimated Number of Total Annual
Responses: 941,291.
Estimated Time per Response: 16
minutes.
Estimated Total Annual Burden
Hours: 251,011.
Type of Information Collection: ESTA
Website Application
Estimated Number of Respondents:
15,000,000.
Estimated Number of Annual
Responses per Respondent: 1.
Estimated Number of Total Annual
Responses: 15,000,000.
Estimated Time per Response: 23
minutes.
Estimated Total Annual Burden
Hours: 5,750,000.
Type of Information Collection: ESTA
Mobile Application (App)
Estimated Number of Respondents:
500,000.
Estimated Number of Annual
Responses per Respondent: 1.
Estimated Number of Total Annual
Responses: 500,000.
Estimated Time per Response: 28
minutes.
Estimated Total Annual Burden
Hours: 233,333.
Dated: February 17, 2022.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis
Branch, U.S. Customs and Border Protection.
[FR Doc. 2022–03814 Filed 2–22–22; 8:45 am]
BILLING CODE P

Type of Information Collection: I–94
Estimated Number of Respondents:
4,387,550.
Estimated Number of Annual
Responses per Respondent: 1.
Estimated Number of Total Annual
Responses: 4,387,550.
Estimated Time per Response: 8
minutes.
Estimated Total Annual Burden
Hours: 585,007.
Type of Information Collection: I–94
Website
Estimated Number of Respondents:
3,858,782.
Estimated Number of Annual
Responses per Respondent: 1.
Estimated Number of Total Annual
Responses: 3,858,782.
Estimated Time per Response: 4
minutes.

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DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection
[1651–NEW]

Stakeholder Scheduling Application
U.S. Customs and Border
Protection (CBP), Department of
Homeland Security.
ACTION: 30-day notice and request for
comments; this is a new collection of
information.
AGENCY:

The Department of Homeland
Security, U.S. Customs and Border
Protection will be submitting the
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in

SUMMARY:

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