Guam Cnmi Ifr

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Rules and Regulations

Federal Register
Vol. 89, No. 12
Thursday, January 18, 2024

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.

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)
U.S. Customs and Border
Protection, DHS.
ACTION: Interim final rule; request for
comments.
AGENCY:

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 subprogram 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.

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SUMMARY:

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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

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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,

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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
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).

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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
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).
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)).
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).

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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
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)).

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obtain the visa waiver under the G–
CNMI VWP.8
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.
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
8 INA

sec. 212(l)(6) (8 U.S.C. 1182(l)(6)).
sec. 212(l)(3) (8 U.S.C. 1182(l)(3)).
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))).
9 INA

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exempt from the requirements of the
APA. 74 FR at 25387.
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
11 85
12 Id.
13 Id.

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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 thirdparty 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.
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
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.

FR 43413, 43414.

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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.

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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 paperbased 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
15 74

FR at 2826–27.

16 Id.

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security measures were introduced,
such as electronic travel authorization
to screen and approve potential
visitors.17
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-bycase 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
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
17 74

FR at 2827.
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).
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/

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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, GuamCNMI 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.
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
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, GuamCNMI 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.
23 Available at https://trumpwhitehouse.archives.
gov/presidential-actions/executive-order-bordersecurity-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/presidentialactions/2021/02/02/executive-order-creating-acomprehensive-regional-framework-to-address-thecauses-of-migration-to-manage-migrationthroughout-north-and-central-america-and-toprovide-safe-and-orderly-processing/ (last visited
July 20, 2023).

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urgent humanitarian reasons or a
significant public benefit derived from
such parole.’’
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.
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
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%20
CNMI%20Parole%20Program.pdf (last visited July
20, 2023).

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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 highlevel 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
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
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.
31 Id. p.4
32 Id.
33 Id.

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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
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.
The second recommendation was to
create the CNMI EVS–TAP as a subprogram 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 subprogram. 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
34 Id. p. 9. The 2019 Report is silent on the
CNMI’s access to the Russian tourist market.
35 Id. pp. 9–11.
36 Id. pp. 9–10.
37 Id. p. 10.

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3303

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.
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.
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.
38 INA

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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 predeparture 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

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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

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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

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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

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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.

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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

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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 ‘‘sixmonth 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
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
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.
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.

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3305

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
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
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).

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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).

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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 reentry 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

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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 subprogram 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.
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.
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;
44 As

43 INA

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(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 § 1.4), ArrivalDeparture Record (CBP Form I–94). The
cross referenced § 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

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transition period ending December 31,
2029.46
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
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).

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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
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.

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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.

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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
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).

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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
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–
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).

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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

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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 60day 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

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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.

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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

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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.
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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.

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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.

and cancellation of surety bonds in
immigration cases).
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
B. Conforming Amendments and
visitors for travelers seeking admission
Revision of CBP Form I–760
into Guam or the CNMI under the G–
CNMI VWP. The general bonding
This rule makes several conforming
requirements for nonimmigrants
amendments to the regulations to
continue to apply, although they are
account for the CNMI EVS–TAP. This
rarely used. If DHS determines that
rule makes two changes to 8 CFR
additional bonding requirements are
212.1(q) to account for CNMI EVS–TAP
necessary, DHS will amend the
and the new 8 CFR 212.1(r). The first
regulations accordingly and has
change impacts 8 CFR 212.1(q)(6)
regarding bonding requirements. Part of reserved the applicable text of 8 CFR
212.1(q)(6) to do so.
the second recommendation made in
The second change to 8 CFR 212.1(q)
the 902 Consultations regarding the
made by this rule to account for CNMI
creation of CNMI EVS–TAP is that the
EVS–TAP and the new 8 CFR 212.1(r)
United States will explore adding
addresses severability. This rule adds
bonding requirements as discussed in
the CNRA.52 Section 702(b) of the CNRA new 8 CFR 212.1(q)(10), which provides
that to the extent that any portion of the
requires that the regulations
requirements arising from this rule is
implementing the G–CNMI VWP, and
declared invalid by a court, DHS
thus the CNMI EVS–TAP, include any
intends for all other parts of the rule
bonding requirements for nationals of
that are capable of operating in the
some or all of those countries who may
absence of the specific portion that has
present an increased risk of overstaying
been invalidated to remain in effect.
their period of authorized stay or other
This rule also amends 8 CFR 214.1,
potential problems, if different from
regarding ineligibility for extensions of
such requirements otherwise provided
stay, to add a limitation regarding
by law for nonimmigrant visitors.53 The
extensions of stay for CNMI EVS–TAP
general bonding requirements provided
travelers. Currently, 8 CFR
by law for nonimmigrant visitors are
214.1(c)(3)(viii) provides that
found in section 214(a)(1) of the INA (8
nonimmigrants who are admitted into
U.S.C. 1184(a)(1)), which allows the
the United States as visitors for business
Secretary to prescribe by regulations
when the Secretary deems necessary the or pleasure pursuant to the G–CNMI
VWP are ineligible for an extension of
giving of a bond and the sum and
stay. This amendment provides that
conditions thereof for the admission of
nonimmigrants admitted pursuant to the
a nonimmigrant. Accordingly, 8 CFR
CNMI EVS–TAP are also ineligible for
214.1(a)(3)(iii) sets forth who may
an extension of stay.
require a bond from a nonimmigrant,
This rule also amends 8 CFR 233.6 to
the appropriate form, and the minimum
require
transportation lines bringing
sum. See also 8 CFR 103.6 (regarding
travelers to the CNMI under the CNMI
the procedures for posting, processing,
EVS–TAP to enter into an agreement on
CBP Form I–760. Currently,
52 Report to the President on 902 Consultations
transportation lines transporting
Related to the DHS Discretionary Parole Program
(May 15, 2019), p. 10, available at https://
nonimmigrant visitors under the G–
www.doi.gov/sites/doi.gov/files/uploads/final_902_
CNMI VWP into Guam or the CNMI
report.pdf.
from foreign territories must enter into
53 See section 702(b)(3) of the CNRA, 122 Stat. at
a contract with CBP by executing CBP
861 (INA sec. 212(l)(3)(B), as amended (8 U.S.C.
1182 (l)(3)(B))) (emphasis added).
Form I–760 ‘‘Guam-CNMI Visa Waiver

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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.

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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 subprogram 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

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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 subprogram 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.
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.

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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.
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 7percent), 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, 7percent) 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

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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.

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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.
Under this IFR, travelers from all
countries and geographic areas that are
part of the G–CNMI VWP must begin
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.

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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

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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
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.

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

3313

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.

TABLE 1—G–CNMI VWP ARRIVALS TO GUAM AND CNMI 57

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Country or geographic area

FY 2015

Australia ...................................................
Brunei .......................................................
Hong Kong ...............................................
Japan .......................................................
Malaysia ...................................................
Nauru .......................................................
New Zealand ............................................
Papua New Guinea ..................................
South Korea .............................................
Singapore .................................................

698
2
352
707,421
208
12
137
205
489,519
151

FY 2016

FY 2017

539
0
970
621,534
235
9
159
275
581,744
173

440
1
2,344
471,393
567
7
139
73
715,564
142

FY 2018
378
6
2,699
386,033
426
28
133
60
762,479
153

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

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FY 2019
369
1
2,479
456,321
495
22
110
55
697,602
127

Total
2,424
10
8,844
2,642,702
1,931
78
678
668
3,243,908
746

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TABLE 1—G–CNMI VWP ARRIVALS TO GUAM AND CNMI 57—Continued
Country or geographic area

FY 2015

FY 2016

FY 2017

FY 2018

FY 2019

Total

Taiwan ......................................................
United Kingdom .......................................

35,144
689

33,820
674

29,590
945

20,182
565

20,433
534

139,169
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

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

Table 3 presents future forecasts of
travel to Guam and the CNMI, and is

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

TABLE 3—G–CNMI VWP EXPECTED ARRIVALS TO GUAM AND CNMI 59
Country or geographic area

FY 2022

FY 2024

FY 2025

FY 2026

Australia ...............................................................................
Brunei ...................................................................................
Hong Kong ...........................................................................
Japan ...................................................................................
Malaysia ...............................................................................
Nauru ...................................................................................
New Zealand ........................................................................
Papua New Guinea ..............................................................
South Korea .........................................................................
Singapore .............................................................................
Taiwan ..................................................................................
United Kingdom ...................................................................

365
1
2,451
451,074
490
22
109
55
689,580
126
20,199
528

361
1
2,423
445,886
484
22
108
54
681,650
125
19,966
522

357
1
2,395
440,759
479
22
107
54
673,811
123
19,737
516

353
1
2,367
435,690
473
22
106
53
666,062
122
19,510
510

349
1
2,340
430,680
468
21
104
52
658,402
120
19,285
504

Total ..............................................................................

1,165,000

1,151,602

1,138,361

1,125,269

1,112,326

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.

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.

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.
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.

Economic Costs of Rule 60

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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

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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.
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
62 Please

note that this process would also allow
travelers to print their Form I–736 for their own
records.

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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.
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’’
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.

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3315

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

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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

Development ............................................
Operations and Maintenance ...................

$3,169,486
........................

........................
646,575

........................
659,507

........................
672,697

........................
686,151

$3,169,486
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

Total

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

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[Traveler time is in parentheses]
Traveler from general VWP participating country with current (approved) ESTA enrollment (a)

Traveler from G–CNMI VWP participating
country without an approved ESTA, with CBP
Form I–736 completed and signed (b)

Traveler from G–CNMI VWP participating
country without an approved ESTA, without
CBP Form I–736 (c)

Traveler arrives at the FIS area and presents
travel documents to the CBP officer.
CBP officer inspects travel documents to include passport and reviews for compliance.
Traveler’s information is stored in databases
(approx. 1 min).

Traveler arrives at the FIS area and presents
travel documents to the CBP officer.
If traveler is in possession and compliance
with all required travel documents, then, the
CBP officer compares the passport to the
person and reviews CBP Form I–736
(approx. 1 min).

Traveler arrives at the FIS area and presents
travel documents to the CBP officer.
The traveler is returned to the airline agent
stationed in the primary queue area who is
actively checking the passengers’ forms before the passengers get to primary (approx.
5 min).

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3317

TABLE 5—CURRENT PROCESS FOR GENERAL VWP AND G–CNMI VWP PARTICIPANTS TRAVELING TO GUAM OR THE
CNMI—Continued
[Traveler time is in parentheses]
Traveler from general VWP participating country with current (approved) ESTA enrollment (a)

Traveler from G–CNMI VWP participating
country without an approved ESTA, with CBP
Form I–736 completed and signed (b)

Traveler from G–CNMI VWP participating
country without an approved ESTA, without
CBP Form I–736 (c)

CBP officer interviews the traveler as to the
purpose and length of intended stay and
other relevant questions (approx. 1 min).

CBP officer interviews the traveler as to the
purpose and length of intended stay and
other relevant questions (approx. 1 min).

CBP officer either refers the person to secondary, or grants admission to Guam or the
CNMI.
If traveler is admissible, then, the traveler proceeds to local CNMI Customs Service for
processing.

CBP officer either refers the person to secondary, or grants admission to Guam or the
CNMI.
If traveler is admissible, then, the traveler proceeds to local CNMI Customs Service for
processing.

Once traveler’s documents are completed and
in compliance, then, the CBP officer compares the passport to the person and reviews CBP Form I–736 (approx. 1 min).
CBP officer interviews the traveler as to the
purpose and length of intended stay and
other relevant questions (approx. 1 min).
CBP officer determines traveler’s admissibility
into Guam or the CNMI.
If traveler is admissible, then, the traveler proceeds to local CNMI Customs Service for
processing.

Total time: 2 min ................................................

Baseline Process for G–CNMI VWP
Travelers Visiting Either Guam or the
CNMI

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

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Total time: 2 min ..............................................

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

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Total time: 7 min.

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.

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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.

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)).
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 ..................................................................
Additional time burden (min) .....................................................
Burden hours .............................................................................

699,000
2
23,300

690,962
2
23,032

683,016
2
22,767

675,162
2
22,505

667,395
2
22,247

3,415,535
........................
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)

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Time reduction

FY 2022

FY 2023

FY 2024

FY 2025

FY 2026

Total

Number of travelers ..................................................................
Time reduction (minutes) ..........................................................
No. of hours reduced ................................................................

466,000
3
23,300

460,640
3
23,032

455,345
3
22,767

450,107
3
22,505

444,931
3
22,247

2,277,023
........................
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

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 HighSpeed Rail Travel.’’ April 29, 2015. Available at
https://www.transportation.gov/sites/dot.gov/files/
docs/2016%20Revised%20
Value%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-2009-00010002.
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.

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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

Monetized time cost .................................
Monetized time benefit .............................

$1,240,492
1,240,492

$1,226,224
1,226,224

$1,212,115
1,212,115

$1,98,116
1,98,116

$1,184,430
1,184,430

$6,061,427
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.

FY 2025

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 prearrival 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;

FY 2026

Total

(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

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[Traveler time is in parentheses]
Traveler with PRC passport, valid visa, and
valid (approved) EVUS enrollment (d)

Traveler with PRC passport, without visa
(seeks parole), with CBP Form I–736
completed and signed (e)

Traveler with PRC passport, without visa
(seeks parole), without CBP Form I–736 (f)

PRC national arrives at the FIS area and presents travel documents to the CBP officer.
CBP officer inspects travel documents and reviews personal and travel information stored
in databases (approx. 1 min).

PRC national arrives at the FIS area and presents travel documents to the CBP officer.
If traveler has all documents in order, then the
officer compares the passport to the person
and reviews CBP Form I–736 (approx. 1
min).

CBP officer interviews the traveler as to the
purpose and length of intended stay and
other relevant questions (approx. 1 min).

CBP officer interviews the traveler as to the
purpose and length of intended stay and
other relevant questions (approx. 2 min).

CBP officer either refers the person to secondary, or grants admission to Guam or the
CNMI.
If traveler is admissible, then, the traveler proceeds to local CNMI Customs Service for
processing.

CBP officer either refers the person to secondary, or authorizes parole into the CNMI.

PRC national arrives at the FIS area and presents travel documents to the CBP officer.
The traveler is returned to the airline agent
stationed in the primary queue area who is
actively checking the passengers’ forms before the passengers get to primary (approx.
5 min).
Once the traveler’s documents are completed
and found to be in compliance, then, the
CBP officer compares the passport to the
person and reviews CBP Form I–736
(approx. 1 min).
CBP officer interviews the traveler as to the
purpose and length of intended stay and
other relevant questions (approx. 2 min).
CBP officer either refers the person to secondary, or authorizes parole into the CNMI.

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If a parole determination is made, the CBP officer stamps the passport with the CBP parole stamp and annotates the parole expiration date (approx. 2 min).

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TABLE 9—CURRENT PROCESS FOR PRC NATIONALS TRAVELING TO THE CNMI—Continued
[Traveler time is in parentheses]
Traveler with PRC passport, without visa
(seeks parole), with CBP Form I–736
completed and signed (e)

Traveler with PRC passport, without visa
(seeks parole), without CBP Form I–736 (f)

Traveler then proceeds to local CNMI Customs Service for processing.

If the determination to grant discretionary parole is made, the 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: 5 min ..............................................

Total time: 9 min.

Traveler with PRC passport, valid visa, and
valid (approved) EVUS enrollment (d)

Total time: 2 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.

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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

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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.

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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)∧2) = 202,249, FY 2024
164,564*(1+(0.1086)∧3) = 224,213, FY 2025
164,564*(1+(0.1086)∧4) = 248,562, FY 2026
164,564*(1+(0.1086)∧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.

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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.

TABLE 11—NET CHANGE IN TRAVELER TIME FROM DEVELOPING CNMI EVS–TAP, COLUMN (e) 70
Time burden

FY 2022

Estimated (PRC nationals) arriving at the
CNMI (forecast) ....................................

FY 2023

FY 2024

FY 2025

FY 2026

Total

PRC Travelers in column (e), Table 8 .....
Additional time burden (minutes) .............
No. of hours (rounded) ............................

182,436
0.60
109,462
4
7,297

202,249
0.60
121,349
4
8,090

224,213
0.60
134,528
4
8,969

248,562
0.60
149,137
4
9,942

275,556
0.60
165,334
4
11,022

1,133,016
........................
679,810
........................
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)

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Time reduction

FY 2022

FY 2023

FY 2024

FY 2025

FY 2026

Total

Number of travelers .................................
Time reduction (minutes) .........................
No. of hours reduced ...............................

72,974
0
0

80,900
0
0

89,685
0
0

99,425
0
0

110,222
0
0

453,206
........................
0

Monetized Time Benefit ....................

$0

$0

$0

$0

$0

$0

70 CBP estimates future (PRC nationals) arrivals to
the CNMI, column (e), as follows: FY 2022: 164,564
* (1+(0.1086))∧1 * 0.60 = 109,462; FY 2023: 164,564

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* (1+(0.1086))∧2 * 0.60 = 121,349; FY 2024: 164,564
* (1+(0.1086))∧3 * 0.60 = 134,528; FY 2025: 164,564

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* (1+(0.1086))∧4 * 0.60 = 149,137; FY 2026: 164,564
* (1+(0.1086))∧5 * 0.60 = 165,334.

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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 .................................
Monetized time benefit .............................

$388,517
0

$430,708
0

$477,485
0

$529,337
0

$586,826
0

$2,412,873
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 2024

FY 2025

FY 2026

Total

Phase I time cost .....................................
Phase II time cost ....................................
Program development ..............................
Operations and maintenance ...................

$0
388,517
3,169,486
0

$0
430,708
0
646,575

$0
477,485
0
659,507

$0
529,337
0
672,697

$0
586,826
0
686,151

$0
2,412,873
3,169,486
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
khammond on DSKJM1Z7X2PROD with RULES

FY 2023

or decrease in the economic costs as a
result of the general bond provisions in
the near future.

Administrative Cost-Savings to CBP
Associated With the Automation of
Form I–736

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.

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 costsavings estimate to CBP.

TABLE 15—COST-SAVINGS TO CBP FROM AUTOMATING FORM I–736 FOR G–CNMI VWP TRAVELERS
Form I–736

FY 2022

G–CNMI VWP travelers (only) .................
Per form CBP cost ...................................

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1,165,000
$0.63

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Frm 00024

FY 2023

FY 2024

1,151,602
$0.63

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Sfmt 4700

1,138,361
$0.63

FY 2025
1,125,269
$0.63

E:\FR\FM\18JAR1.SGM

18JAR1

FY 2026
1,112,326
$0.63

Total
5,692,558
........................

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

TABLE 15—COST-SAVINGS TO CBP FROM AUTOMATING FORM I–736 FOR G–CNMI VWP TRAVELERS—Continued
Form I–736

FY 2022

Total ..................................................

733,950

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

FY 2023

FY 2024

725,509

717,167

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

FY 2025
708,919

FY 2026
700,765

Total
3,586,310

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) ...............................
Per form CBP cost ...................................

182,436
$0.63

202,249
$0.63

224,213
$0.63

248,562
$0.63

275,556
$0.63

1,133,016
........................

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 2024

FY 2025

FY 2026

Total

G–CNMI VWP travelers ...........................
PRC travelers ...........................................

$733,950
114,935

$725,509
127,417

$717,167
141,254

$708,919
156,594

$700,765
173,600

$3,586,310
713,800

Total ..................................................

848,885

852,926

858,421

865,513

874,365

4,300,110

Benefit From Reduced Inadmissibility
Cases

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FY 2023

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

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16:09 Jan 17, 2024

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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 prevetting 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,

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Fmt 4700

Sfmt 4700

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.

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

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.

TABLE 18—G–CNMI VWP PARTICIPATING COUNTRIES—INADMISSIBLE RATE AND FORECAST
Country or
geographic area

Inadmissible
rate (pct.)

FY 2022

FY 2023

FY 2024

FY 2025

FY 2026

Total

Australia ........................................................................................................
Brunei ............................................................................................................
Hong Kong ....................................................................................................
Japan .............................................................................................................
Malaysia ........................................................................................................
Nauru .............................................................................................................
New Zealand .................................................................................................
Papua New Guinea .......................................................................................
South Korea ..................................................................................................
Singapore ......................................................................................................
Taiwan ...........................................................................................................
United Kingdom .............................................................................................

1.1625
0.0000
0.2904
0.0127
1.0563
0.0000
2.1341
0.5339
0.0228
1.8471
0.4322
0.8349

5
0
8
58
6
0
3
1
157
3
88
5

5
0
8
57
6
0
3
1
156
3
87
5

5
0
7
57
6
0
3
1
154
3
86
5

5
0
7
56
5
0
3
1
152
3
85
5

5
0
7
55
5
0
3
1
150
3
84
5

25
0
37
283
28
0
15
5
769
15
430
25

Total .......................................................................................................

........................

334

331

327

322

318

1,632

TABLE 19—SAVINGS TO CBP FROM REDUCED INADMISSIBILITY CASES, PHASE I
Economic benefit

FY 2022

Inadmissibility cases (forecast) .................................................................................................
Per traveler CBP cost ...............................................................................................................
Total Reduced Cost to CBP (undiscounted) .....................................................................

When travelers are deemed
inadmissible, the carrier is required to
transport them back to their country-oforigin. CBP estimates that this costs

FY 2023

334
$136

I

45,424

FY 2024

331
$136

I

45,016

carriers $1,880 73 per individual, which
includes the airfare and any lodging and
meal expenses incurred while the
individual is awaiting transportation out

FY 2025

327
$136

I

44,472

FY 2026

322
$136

I

43,792

Total

318
$136

I

43,248

1,632
$136

I

221,952

of the United States. The resulting
savings to carriers from reduced
inadmissibility cases as a result of this
rule is presented in Table 20.

TABLE 20—SAVINGS TO CARRIERS FROM REDUCED INADMISSIBILITY CASES, PHASE I
Economic benefit

FY 2022

Inadmissibility cases (forecast) .............................................................................................
Per traveler carrier cost ........................................................................................................
Total Reduced Costs to Carriers (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

FY 2023

334
$1,880

I

627,920

FY 2024

331
$1,880

I

622,280

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 fiveyear period of analysis is estimated at

FY 2025

327
$1,880

I

614,760

FY 2026

322
$1,880

I

605,360

I

Total

318
$1,880

1,632
$1,880

597,840

3,068,160

$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

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Savings to CBP .....................................................................................................................
Savings to carriers ................................................................................................................

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.

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16:09 Jan 17, 2024

Jkt 262001

$45,424
627,920

FY 2023
$45,016
622,280

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/USCBP2008-0003-0028 (last visited July 20, 2023). In the

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Fmt 4700

Sfmt 4700

FY 2024
$44,472
614,760

FY 2025
$43,792
605,360

FY 2026
$43,248
597,840

Total
$221,952
3,068,160

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 × $1,500 =
$1,880).

E:\FR\FM\18JAR1.SGM

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3325

Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
TABLE 21—TOTAL BENEFITS OF PHASE I FROM REDUCED INADMISSIBILITY CASES—Continued
Economic benefit

FY 2022

Phase I Total (undiscounted) .........................................................................................

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

FY 2023

673,344

FY 2024

667,296

$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

FY 2025

659,232

FY 2026

649,152

641,088

Total
3,290,112

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
rate (pct.)

Country or geographic area
China .............................................................................................................
Total .......................................................................................................

FY 2022

0.3108

I

........................

FY 2023

568

I

568

FY 2024

629

I

629

FY 2025

697

I

697

FY 2026

773

I

Total

857

773

I

857

3,524

I

3,524

TABLE 23—SAVINGS TO CBP FROM REDUCED INADMISSIBILITY CASES, PHASE II
Economic benefit

FY 2022

Inadmissibility cases (forecast) .............................................................................................
Per traveler CBP cost ...........................................................................................................
Total Reduced Cost to CBP (undiscounted) .................................................................

Once again, CBP estimates that
returning ineligible travelers to their
country-of-origin costs carriers $1,880
per individual, which includes the

FY 2023

568
$136

I

77,248

FY 2024

629
$136

I

85,544

airfare and any lodging and meal
expenses incurred while the individual
is awaiting transportation out of the
United States. The resulting savings to

FY 2025

697
$136

I

94,792

FY 2026

773
$136

I

105,128

I

Total

857
$136

3,524
$136

116,552

479,264

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

Inadmissibility cases (forecast) .........................................................................
Per traveler carrier cost ....................................................................................
Total Reduced Cost to Carriers (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.

FY 2023

568
$1,880

I

1,067,840

FY 2024

629
$1,880

I

1,182,520

FY 2025

697
$1,880

I

The benefit to carriers is expected to
total $6,625,120. The total benefit
associated with Phase II over the fiveyear period of analysis is expected to
total $7,104,384 undiscounted. The total

1,310,360

FY 2026

773
$1,880

I

1,453,240

I

Total

857
$1,880

3,524
$1,880

1,611,160

6,625,120

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
Savings to CBP .................................................................................................
Savings to carriers ............................................................................................

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Phase II Total (undiscounted) ....................................................................

Table 26 presents the combined total
benefits of Phase I and Phase II from
reduced inadmissibility cases over the

I

FY 2022

FY 2023

FY 2024

FY 2025

FY 2026

$77,248
1,067,840

$85,544
1,182,520

$94,792
1,310,360

$105,128
1,453,240

$116,552
1,611,160

$479,264
6,625,120

1,727,712

7,104,384

1,145,088

I

1,268,064

five-year period of analysis. The total
estimated benefit of Phase I and Phase
II is expected to total $10,394,496

I

1,405,152

I

1,558,368

I

Total

undiscounted over the next five-year
period.

TABLE 26—TOTAL BENEFITS OF PHASE I AND PHASE II FROM REDUCED INADMISSIBILITY
Total benefits

FY 2022

Phase I:
Savings to CBP ..........................................................................................
Savings to carriers .....................................................................................

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$45,424
627,920

Sfmt 4700

FY 2023
$45,016
622,280

FY 2024

FY 2025

$44,472
614,760

E:\FR\FM\18JAR1.SGM

18JAR1

$43,792
605,360

FY 2026
$43,248
597,840

Total
$221,952
3,068,160

3326

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TABLE 26—TOTAL BENEFITS OF PHASE I AND PHASE II FROM REDUCED INADMISSIBILITY—Continued
Total benefits

FY 2022

FY 2023

FY 2024

FY 2025

FY 2026

Total

Phase I Total ......................................................................................

673,344

667,296

659,232

649,152

641,088

3,290,112

Phase II:
Savings to CBP ..........................................................................................
Savings to carriers .....................................................................................

77,248
1,067,840

85,544
1,182,520

94,792
1,310,360

105,128
1,453,240

116,552
1,611,160

479,264
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.
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
Costs

7% Discounted rate

Undiscounted
Present value

Time burden, program development, operations and maintenance .............................................................................

The present value benefits are
$11,956,620 (PV, 7-percent), which
result from a reduction in costs to CBP

$8,247,289

$7,676,396

resulting from the automation of Form
I–736, and a reduction in costs
associated with individuals found to be

Annualized
$1,676,176

Present value
$7,018,942

Annualized
$1,711,855

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
Benefits

Present value
Phase I:
Automation of Form I–746 ............................................
Phase II:
CNMI EVS–TAP ...........................................................
Total .......................................................................

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7% Discounted rate

Undiscounted
Annualized

Present value

Annualized

$6,876,422

$6,302,883

$1,376,263

$5,633,886

$1,377,519

7,818,184

7,117,691

1,554,180

6,322,734

1,542,055

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).

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, 60Day Notice of Proposed Information Collection:

Application for Nonimmigrant Visa, 83 FR 13807
(Mar. 30, 2018).

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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
TABLE 29—NET PRESENT BENEFITS OF THE RULE (2022–2026)
[2021 USD]
3% Discount rate
Net benefits

Present value
Automation of Form I–736 and 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 notfor-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

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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.

$6,447,317

$5,744,178

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.

F. Paperwork Reduction Act

8 CFR Part 214

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

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

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7% Discounted rate

Undiscounted

8 CFR Part 233
Air carriers, Aliens, Government
contracts, Maritime carriers.

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Annualized
$1,254,266

Present value
$4,937,678

Annualized
$1,207,719

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
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.

2. Amend § 212.1 as follows:
a. Revise paragraph (q)(1)(v);
b. In paragraph (q)(1)(x), at the end of
the text remove ‘‘; and’’ and add in its
place ‘‘.’’;
■ c. Remove paragraph (q)(1)(xi);
■ 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’’;
■ e. In paragraph (q)(4), add the heading
‘‘Ineligibility due to admission under
the Guam-CNMI Visa Waiver Program.’’;
■ f. Revise paragraph (q)(5)(iv);
■ g. In paragraph (q)(5)(v), add the text
‘‘(see § 1.4)’’ after the text ‘‘(CBP Form
I–94)’’;
■ h. Remove and reserve paragraph
(q)(6);
■ i. Revise the paragraph (q)(7)
paragraph heading;
■ j. In paragraph (q)(7)(i):
■ i. Remove the designation and
heading;
■ 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;
■ 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’’;
■
■
■

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

§ 212.1 Documentary requirements for
nonimmigrants.

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*

*
*
*
*
(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 GuamCNMI 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.

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(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

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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 GuamCNMI 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

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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
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 § 1.4), ArrivalDeparture 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

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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

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3329

(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.

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(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

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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

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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
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.

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

■

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

■

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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
Authority: 8 U.S.C. 1101, 1103, 1182,
1221, 1228, 1229, 8 CFR part 2.

6. Section 233.6 is revised to read as
follows:

■

§ 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 § 212.1(q) of this
chapter or to the Commonwealth of the
Northern Mariana Islands under the visa
waiver provisions of § 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

FEDERAL HOUSING FINANCE
AGENCY
12 CFR Parts 1209, 1217, and 1250
RIN 2590–AB31

Rules of Practice and Procedure; Civil
Money Penalty Inflation Adjustment
Federal Housing Finance
Agency.
ACTION: Final rule.
AGENCY:

The Federal Housing Finance
Agency (FHFA) is adopting this final
rule amending its Rules of Practice and
Procedure and other agency regulations
to adjust each civil money penalty
within its jurisdiction to account for
inflation, pursuant to the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended by the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015.
DATES: Effective January 18, 2024, and
applicable beginning January 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Frank R. Wright, Assistant General
Counsel, at (202) 649–3087,
[email protected] (not a toll-free
number); Federal Housing Finance
Agency, 400 7th Street SW, Washington,
DC 20219. For TTY/TRS users with
hearing and speech disabilities, dial 711
and ask to be connected to any of the
contact numbers above.
SUPPLEMENTARY INFORMATION:

khammond on DSKJM1Z7X2PROD with RULES

SUMMARY:

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I. Background
FHFA is an independent agency of the
Federal government, and the financial
safety and soundness regulator of the
Federal National Mortgage Association
(Fannie Mae) and the Federal Home
Loan Mortgage Corporation (Freddie
Mac) (collectively, the Enterprises), as
well as the Federal Home Loan Banks
(collectively, the Banks) and the Office
of Finance under authority granted by
the Federal Housing Enterprises
Financial Safety and Soundness Act of
1992 (Safety and Soundness Act).1
FHFA oversees the Enterprises and
Banks (collectively, the regulated
entities) and the Office of Finance to
ensure that they operate in a safe and
sound manner and maintain liquidity in
the housing finance market in
accordance with applicable laws, rules
and regulations. To that end, FHFA is
vested with broad supervisory
discretion and specific civil
administrative enforcement powers,
similar to such authority granted by
Congress to the Federal bank regulatory
agencies.2 Section 1376 of the Safety
and Soundness Act (12 U.S.C. 4636)
empowers FHFA to impose civil money
penalties under specific conditions.
FHFA’s Rules of Practice and Procedure
(12 CFR part 1209) (the Enforcement
regulations) govern cease and desist
proceedings, civil money penalty
assessment proceedings, and other
administrative adjudications.3 FHFA’s
Flood Insurance regulation (12 CFR part
1250) governs flood insurance
responsibilities as they pertain to the
Enterprises.4 FHFA’s Implementation of
the Program Fraud Civil Remedies Act
of 1986 regulation (12 CFR part 1217)
sets forth procedures for imposing civil
penalties and assessments under the
Program Fraud Civil Remedies Act (31
U.S.C. 3801 et seq.) on any person that
makes a false claim for property,
services or money from FHFA, or makes
a false material statement to FHFA in
connection with a claim, where the
amount involved does not exceed
$150,000.5
The Adjustment Improvements Act
The Federal Civil Penalties Inflation
Adjustment Act of 1990 (Inflation
Adjustment Act), as amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Adjustment Improvements Act),
requires FHFA, as well as other federal
1 See Safety and Soundness Act, 12 U.S.C. 4513
and 4631–4641.
2 Id.
3 See 12 CFR part 1209.
4 See 12 CFR part 1250.
5 See generally, 31 U.S.C. 3801 et seq.

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3331

agencies with the authority to issue civil
money penalties (CMPs), to adjust by
regulation the maximum amount of each
CMP authorized by law that the agency
has jurisdiction to administer.6 The
Adjustment Improvements Act required
agencies to make an initial ‘‘catch-up’’
adjustment of their CMPs upon the
statute’s enactment,7 and further
requires agencies to make additional
adjustments on an annual basis
following the initial adjustment.8
The Adjustment Improvements Act
sets forth the formula that agencies must
apply when making annual adjustments,
based on the percent change between
the October Consumer Price Index for
All Urban Consumers (the CPI–U)
preceding the date of the last adjustment
and the October CPI–U for the year
before that.
II. Description of the Rule
This final rule adjusts the maximum
penalty amount within each of the three
tiers specified in 12 U.S.C. 4636 by
amending the table contained in 12 CFR
1209.80 of the Enforcement regulations
to reflect the new adjusted maximum
penalty amount that FHFA may impose
upon a regulated entity or any entityaffiliated party within each tier. The
increases in maximum penalty amounts
contained in this final rule may not
necessarily affect the amount of any
CMP that FHFA may seek for a
particular violation, which may not be
the maximum that the law allows;
FHFA would calculate each CMP on a
case-by-case basis in light of a variety of
factors.9 This rule also adjusts the
maximum penalty amounts for
violations under the FHFA Flood
Insurance regulation by amending the
text of 12 CFR 1250.3 to reflect the new
adjusted maximum penalty amount that
FHFA may impose for violations under
that regulation. This rule also adjusts
the maximum amounts for civil money
penalties under the Program Fraud Civil
Remedies Act by amending the text of
12 CFR 1217.3 to reflect the new
adjusted maximum penalty amount that
FHFA may impose for violations under
that regulation.
The Adjustment Improvements Act
directs federal agencies to calculate each
annual CMP adjustment as the percent
change between the CPI–U for the
previous October and the CPI–U for
6 See

28 U.S.C. 2461 note.
promulgated its catch-up adjustment of
its CMPs with an interim final rule published July
1, 2016. 81 FR 43028.
8 FHFA promulgated its most recent annual
adjustment of its CMP with a final rule published
December 29, 2022. 87 FR 80023.
9 See, e.g., 12 CFR 1209.7(c); FHFA Enforcement
Policy, AB 2013–03 (May 31, 2013).
7 FHFA

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