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.

Rules and Regulations Federal Register

3299 

Vol. 89, No. 12 

Thursday, January 18, 2024 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Parts 212, 214, and 233 

[Docket No. USCBP–2023–0020; CBP Dec. 

23–07] 

RIN 1651–AB37 

Guam-Commonwealth of the Northern 

Mariana Islands (CNMI) Visa Waiver 

Program Automation and Electronic 

Travel Authorization; Creation of CNMI 

Economic Vitality & Security Travel 

Authorization Program (EVS–TAP) 

AGENCY: U.S. Customs and Border 

Protection, DHS. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: This rule amends the 

Department of Homeland Security 

regulations to require persons intending 

to travel to Guam or the Commonwealth 

of the Northern Mariana Islands (CNMI) 

under the Guam-CNMI Visa Waiver 

Program (G–CNMI VWP) to submit 

Form I–736 electronically in advance of 

travel and receive an electronic travel 

authorization prior to embarking on a 

carrier for travel to Guam or the CNMI. 

Under the current G–CNMI VWP 

regulations, a paper U.S. Customs and 

Border Protection (CBP) Form I–736 is 

presented to CBP upon arrival. This rule 

also establishes the CNMI Economic 

Vitality & Security Travel Authorization 

Program (EVS–TAP) as a restricted 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. 

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 

Neyda.I.Yejo@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Public Participation 

II. Background 

A. Legal Authority 

B. Guam-Commonwealth of the Northern 

Mariana Islands Visa Waiver Program 

(G–CNMI VWP) 

1. Current Paper CBP Form I–736 Process 

2. Need To Automate the G–CNMI VWP 

C. Treatment of Travelers From the 

People’s Republic of China (PRC) to the 

CNMI 

1. Exclusion of PRC From the G–CNMI 

VWP 

2. Parole 

3. Review of U.S. Parole Policies 

4. 902 Consultations 

a. The Covenant and 902 Consultation 

Process 

b. Recommendations 

c. Implementation of 902 Consultation 

Recommendations 

III. Overview of Regulatory Changes 

IV. G–CNMI VWP Automation and Electronic 

Travel Authorization 

A. Electronic Travel Authorization 

1. Electronic Travel Authorization 

Requirement and Transition Period 

2. Obtaining Travel Authorization 

3. Timeline for Submitting Travel 

Authorization Data 

4. Required Travel Authorization Data 

Elements 

5. Scope of G–CNMI VWP Electronic 

Travel Authorization 

6. Duration 

7. Events Requiring New Travel 

Authorization 

8. Fee 

B. Conforming Amendments 

C. Technical Corrections 

V. Commonwealth of the Northern Mariana 

Islands Economic Vitality & Security 

Travel Authorization Program (CNMI 

EVS–TAP) 

A. CNMI EVS–TAP 

1. Description 

2. Eligibility 

3. Suspension or Discontinuation of 

Program 

4. Ineligibility Due to Admission Under the 

CNMI EVS–TAP 

5. Requirements for Transportation Lines 

6. Bonding 

7. Maintenance of Status—Satisfactory 

Departure 

8. Inadmissibility and Deportability 

9. Electronic Travel Authorization 

a. Electronic Travel Authorization 

Requirement, Transition Period, and 

Impact on Parole 

b. Obtaining Travel Authorization 

c. Timeline for Submitting Travel 

Authorization Data 

d. Required Travel Authorization Data 

Elements 

e. Scope of CNMI EVS–TAP Electronic 

Travel Authorization 

f. Duration 

g. Events Requiring New Travel 

Authorization 

h. Fee 

10. Severability 

11. Implementation Date 

B. Conforming Amendments and Revision 

of CBP Form I–760 

VI. Statutory and Regulatory Reviews 

A. Administrative Procedure Act 

B. Executive Orders 12866 and 13563 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Privacy 

F. Paperwork Reduction Act 

I. Public Participation 

Interested persons are invited to 

participate in this rulemaking by 

submitting written data, views, or 

arguments on all aspects of this interim 

final rule. The Department of Homeland 

Security (DHS) and CBP also invite 

comments that relate to the economic, 

environmental, or federalism effects that 

might result from this interim final rule. 

Comments that will provide the most 

assistance to CBP will reference a 

specific portion of the interim final rule, 

explain the reason for any 

recommended change, and include data, 


khammond on DSKJM1Z7X2PROD with RULES
3300 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

1See 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). 

2For 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)). 

3Section 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). 

4Section 702(b) of the CNRA. See sections 212 

and 214 of the INA (8 U.S.C. 1182 and 1184). 

5 INA sec. 212(l)(1), (3) (8 U.S.C. 1182(l)(1), (3)). 

Although section702 (b)(3) of the CNRA also 

provides that such regulations shall be promulgated 

on or before the 180th day after the date of 

enactment of the CNRA, DHS has interpreted this 

timeline to only apply to the initial implementing 

regulations and that it does not prevent DHS from 

promulgating amendments to the regulations under 

this section now. 

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

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

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

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

10Section 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))). 

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). 

B. Guam-Commonwealth of the 

Northern Mariana Islands Visa Waiver 

Program (G–CNMI VWP) 

On May 8, 2008, the Consolidated 

Natural Resources Act of 2008 (CNRA), 

Public Law 110–229, 122 Stat. 754, 

became law. Section 702 of the CNRA 

extended, subject to a transition period, 

the immigration laws of the United 

States to the Commonwealth of the 

Northern Mariana Islands (CNMI) 3 and 

provides for a visa waiver program for 

travel to Guam or the CNMI.4

Specifically, section 702(b)(3) of the 

CNRA amends the INA to provide for 

such visa waiver program, the G–CNMI 

VWP, and provides that all necessary 

regulations to implement the G–CNMI 

VWP shall be promulgated by the 

Secretary of Homeland Security, in 

consultation with the Secretary of the 

Interior and the Secretary of State.5

Section 702(b)(3) of the CNRA directs 

that at a minimum the regulations 

should include a listing of all countries 

whose nationals may participate in the 

G–CNMI VWP, except that such 

regulations shall provide for a listing of 

any country from which the CNMI has 

received a significant economic benefit 

from the number of visitors for pleasure 

within the one-year period preceding 

the date of enactment of the CNRA, 

unless the Secretary of Homeland 

Security determines that such country’s 

inclusion on such list would represent 

a threat to the welfare, safety, or security 

of the United States or its territories.6

Section 702(b)(3) of the CNRA also 

provides that the promulgation of such 

regulations shall be considered a foreign 

affairs function for purposes of 5 U.S.C. 

553(a), section 553(a) of the 

Administrative Procedure Act (APA), 

excepting such regulations from the rule 

making requirements, including notice 

and comment, detailed in 5 U.S.C. 553.7

Section 702(b)(3) of the CNRA also 

provides for the addition of countries to 

the G–CNMI VWP, stating that the 

Governor of Guam and the Governor of 

the CNMI may request the Secretary of 

the Interior and the Secretary of 

Homeland Security to add a particular 

country to the list of countries whose 

nationals may obtain a visa waiver 

under the G–CNMI VWP, and the 

Secretary of Homeland Security may 

grant such request after consultation 

with the Secretary of the Interior and 

the Secretary of State, and may 

promulgate regulations with respect to 

the inclusion of that country and any 

special requirements the Secretary of 

Homeland Security, in the Secretary’s 

sole discretion, may impose prior to 

allowing nationals of that country to 

obtain the visa waiver under the G– 

CNMI VWP.8

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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3301 

11 85 FR 43413, 43414. 

12 Id. 

13 Id. 

14While 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. 

15 74 FR at 2826–27. 

16 Id. 

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 

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. 

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 

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 


khammond on DSKJM1Z7X2PROD with RULES
3302 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

17 74 FR at 2827. 

18 DHS Notification to Congress, Oct. 21, 2009; 

see CBP Carrier Liaison Program, Important Update 

in Entry Requirements Parole for Citizens of the 

Russian Federation and the People’s Republic of 

China for the CNMI Only, 2009 CLP Bulletin (Nov. 

16, 2009), available at https://www.justice.gov/sites/ 

default/files/eoir/legacy/2014/08/15/CNMI

%20CLP%20Bulletin.pdf (last visited July 20, 

2023); see also DHS, Significant Economic Benefit, 

Guam-CNMI Visa Waiver Program, https://

www.dhs.gov/guam-cnmi-visa-waiver-program (last 

visited July 20, 2023). 

19See 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). 

20See CBP Carrier Liaison Program, Important 

Update in Entry Requirements Parole for Citizens of 

the Russian Federation and the People’s Republic 

of China for the CNMI Only, 2009 CLP Bulletin 

(Nov. 16, 2009), available at https://

www.justice.gov/sites/default/files/eoir/legacy/ 

2014/08/15/CNMI%20CLP%20Bulletin.pdf (last 

visited July 20, 2023); CBP Carrier Liaison Program, 

Important Update in U.S. Entry Requirements 

Parole of Citizens of Russia into Guam, 2011 CLP 

Bulletin (Dec. 19, 2011); CBP, Carrier Information 

Guide 10 (2019), available at https://www.cbp.gov/ 

sites/default/files/assets/documents/2019-Mar/ 

2019%20Carrier%20Information%20Guide%20- 

%20ENGLISH.pdf (last visited July 20, 2023). See 

also DHS, Significant Economic Benefit, 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. 

23Available at https://trumpwhitehouse.archives.

gov/presidential-actions/executive-order-bordersecurity-immigration-enforcement-improvements/ 

(last visited July 20, 2023). 

24President 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). 

25See 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). 

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 

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 

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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3303 

26Report 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. 

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

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

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 

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. 


khammond on DSKJM1Z7X2PROD with RULES
3304 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

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 

1. Electronic Travel Authorization 

Requirement and Transition Period 

By requiring a G–CNMI VWP 

electronic travel authorization, CBP will 

be able to screen travelers seeking to 

enter Guam or the CNMI under the G– 

CNMI VWP prior to their arrival in 

Guam or the CNMI. Individuals 

intending to travel under the G–CNMI 

VWP will be able to obtain travel 

authorization in advance of travel to 

Guam or the CNMI. DHS notes that an 

electronic authorization to travel to 

Guam or the CNMI under the G–CNMI 

VWP is not a determination that the 

traveler ultimately is admissible to 

Guam or the CNMI. That determination 

is made by a CBP officer only after an 

applicant for admission is inspected by 

the CBP officer at a U.S. port of entry. 

In addition, a G–CNMI VWP electronic 

travel authorization is not a visa. The 

grant of a G–CNMI VWP electronic 

travel authorization is distinct from the 

visa application process. Travel 

authorization under the G–CNMI VWP 

allows a G–CNMI VWP participant to 

travel to Guam or the CNMI and does 

not confer on the traveler admissibility 

to Guam or the CNMI. Requiring a G– 

CNMI VWP electronic travel 

authorization allows DHS to identify 

potential grounds of ineligibility for 

admission before the G–CNMI VWP 

traveler embarks on a carrier destined 

for Guam or the CNMI. 

Requiring a G–CNMI VWP electronic 

travel authorization will reduce the 

number of travelers who are determined 

to be inadmissible to Guam or the CNMI 

during inspection by a CBP officer at a 

port of entry, thereby saving, among 

other things, the cost of return travel to 

the carrier, inspection time, and delays 

and inconvenience for the traveler. 

Requiring a G–CNMI VWP electronic 

travel authorization also will enable 

CBP to allocate existing resources more 

efficiently to screening passengers at 

U.S. ports of entry, thereby facilitating 

legitimate travel. Requiring a G–CNMI 

VWP electronic travel authorization 

increases the amount of information 

available to DHS regarding G–CNMI 

VWP travelers before such travelers 

arrive at U.S. ports of entry; and, by 

recommending that travelers submit 

such information a minimum of 5 days 

in advance of departure, provides DHS 

with additional time to screen G–CNMI 

VWP travelers destined for Guam or the 

CNMI, thus enhancing security by 

allowing CBP to conduct pre-vetting and 

cross-checking information against law 

enforcement databases. Furthermore, it 

will allow carriers to know in advance 

whether the traveler is approved to 

board the conveyance using existing 

messaging capabilities between CBP and 

the carriers. 

The G–CNMI VWP electronic travel 

authorization requirement allows DHS 

to eliminate the requirement that G– 

CNMI VWP travelers be in possession of 

a completed and signed paper CBP 

Form I–736. Although this rule is 

effective on September 30, 2024, in this 

rule CBP is incorporating a 60-day 

transition period to facilitate travelers 

adjusting to the new collection method. 

See new 8 CFR 212.1(q)(9)(i). Prior to 

September 30, 2024, travelers should 

continue to use the paper CBP Form I– 

736 or print out the form as they are 

doing today. On September 30, 2024, 

the 60-day transition period will begin. 

During this transition period, travelers 

can choose whether to submit the Form 

I–736 in advance electronically and 

receive prior electronic travel 

authorization or to submit the paper 

CBP Form I–736 upon arrival. 

At the end of the transition period, 

the paper CBP Form I–736 will become 

obsolete and travelers must input and 

submit in advance their personal 

information and respond to the 

eligibility questions using the new 

electronic format Form I–736. See new 

8 CFR 212.1(q)(9)(i). The travelers’ 

information will be pre-screened or 

vetted against law enforcement 

databases. Based on the results of the 

pre-screening, the application will be 

approved or denied. The system will 

generate a ‘‘board’’ or ‘‘no board’’ status 

message to the carrier indicating a 

denied or approved authorization to 

board before the flight. The applicant 

also receives a message with the 

application status: approved, denied, 

canceled, or pending. Beginning 

November 29, 2024, when the 60-day 

transition period ends, carriers must 

deny boarding to travelers without an 

approved electronic travel 

authorization. See new 8 CFR 

212.1(q)(5)(iv). All information will be 

saved in the newly created G–CNMI 

VWP database. 

2. Obtaining Travel Authorization 

This IFR establishes data fields by 

which G–CNMI VWP travelers must 

electronically submit to CBP, in advance 

of travel to Guam or the CNMI, 

including biographic and other 

information specified by the Secretary. 

The information specified by the 

Secretary is necessary to determine the 

eligibility of the individual to travel to 

Guam or the CNMI under the G–CNMI 

VWP and whether such travel poses a 

law enforcement or security risk. This is 

the same information currently required 

on the paper CBP Form I–736, which G– 

CNMI VWP travelers must present to a 

CBP officer at a port of entry. This IFR 

does not impose any new data 

collection requirements on air or vessel 

carriers. For example, this rule does not 

require air carriers to transmit any G– 

CNMI VWP electronic travel 

authorization data elements on behalf of 

travelers to CBP, nor does it require 

carriers to submit any additional data. 

In determining a traveler’s eligibility 

for a G–CNMI VWP electronic travel 

authorization, CBP will assess each 

application to determine whether the 

individual is eligible to travel to Guam 

or the CNMI and whether there exists 

any law enforcement or security risk in 

permitting such travel under the G– 

CNMI VWP. The information submitted 

by the individual in the travel 

authorization application will be 

checked by CBP against all appropriate 

databases, including, but not limited to, 

lost and stolen passport databases and 

appropriate watchlists. Additionally, if 

a traveler does not provide the 

information required or provides false 

information in the travel authorization 

application or if any evidence exists 

indicating that an individual is 

ineligible to travel to Guam or the CNMI 

under the G–CNMI VWP or that 

permitting such travel poses a law 

enforcement or security risk, CBP may 

deny the application for a travel 

authorization. The Secretary, acting 

through CBP, retains discretion to 

revoke a travel authorization 

determination at any time and for any 

reason. If a travel authorization 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3305 

39The 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. 

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). 

application is denied, the individual 

may still seek to obtain a visa to travel 

to Guam or the CNMI from the 

appropriate U.S. embassy or consulate. 

See INA sec. 221(a)(1)(B) (8 U.S.C. 

1201(a)(1)(B)). 

3. Timeline for Submitting Travel 

Authorization Data 

With this IFR after the 60-day 

transition period, each nonimmigrant 

visitor wishing to travel to Guam or the 

CNMI under the G–CNMI VWP must 

have a travel authorization prior to 

embarking on a carrier. DHS, however, 

recommends that G–CNMI VWP 

travelers obtain travel authorizations 

prior to the time of reservation or 

purchase of the ticket, or at least 5 days 

before departure to Guam or the CNMI, 

in order to facilitate timely departures. 

4. Required Travel Authorization Data 

Elements 

G–CNMI VWP electronic travel 

authorization will collect the same 

information currently required on the 

paper CBP Form I–736 that is presented 

to a CBP officer at a port of entry. This 

is the information that the Secretary has 

deemed necessary to evaluate whether 

an individual is eligible to travel to 

Guam or the CNMI under the G–CNMI 

VWP and whether such travel poses a 

law enforcement or security risk. This 

information is already collected through 

the CBP Form I–736, which is presented 

to CBP when the traveler arrives in 

Guam or the CNMI. On the CBP Form 

I–736, travelers must provide 

biographical data such as name, birth 

date, and passport information, as well 

as travel information such as flight 

information and the address of the 

traveler while in Guam or the CNMI. 

Travelers must also answer eligibility 

questions regarding, for example: 

communicable diseases, arrests and 

convictions for certain crimes, and 

history of visa revocation or 

deportation. The information provided 

in the Form I–736 is sufficient for CBP 

to initially determine if the applicant is 

eligible to travel under the G–CNMI 

VWP before the individual commences 

travel to Guam or the CNMI. Therefore, 

DHS has decided to utilize the Form I– 

736 data elements by requiring them to 

be submitted in advance of travel under 

the G–CNMI VWP electronic travel 

authorization. 

5. Scope of G–CNMI VWP Electronic 

Travel Authorization 

An approved travel authorization only 

allows an individual to board a 

conveyance for travel to a U.S. port of 

entry in Guam or the CNMI and does 

not restrict, limit, or otherwise affect the 

authority of CBP to determine a 

traveler’s admissibility to Guam or the 

CNMI during inspection at a port of 

entry. 

6. Duration 

In general, each travel authorization 

will be valid for a period of no more 

than two years. An individual may 

travel to Guam or the CNMI repeatedly 

within the validity period of the travel 

authorization using the same travel 

authorization. Travelers whose G–CNMI 

VWP electronic travel authorization 

applications are approved, but whose 

passports will expire in less than two 

years, will receive travel authorization 

that is valid only until the expiration 

date on the passport. 

Pursuant to INA section 

212(a)(7)(B)(i)(I) (8 U.S.C. 

1182(a)(7)(B)(i)(I)) and implementing 

regulations at 8 CFR 214.1(a)(3)(i), the 

passport of an applicant for admission 

must be valid for a minimum of six 

months from the expiration date of the 

contemplated period of stay. This means 

that travelers to the United States, 

including to Guam or the CNMI, are 

required to be in possession of passports 

that are valid for six months beyond the 

period of their intended stay. Certain 

foreign governments have entered into 

agreements with the United States 

whereby their passports are recognized 

as valid for the return of the bearer to 

the country of the foreign-issuing 

authority for a period of six months 

beyond the expiration date specified in 

the passport.39 These agreements have 

the effect of extending the validity 

period of the foreign passport an 

additional six months notwithstanding 

the expiration date indicated in the 

passport. Thus, citizens of the countries 

that have entered into such an 

agreement are exempt from the ‘‘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 

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 


khammond on DSKJM1Z7X2PROD with RULES
3306 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

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

44As discussed in Section II.C.4 above. 

45As discussed in Section II.C.2–3 above. 

electronic travel authorization 

requirement in the new paragraph (q)(9). 

In the list of eligibility requirements in 

paragraph (q)(1), paragraph (q)(1)(v) is 

revised to incorporate the 60-day 

transition period and add the 

requirement for travelers to have 

received electronic travel authorization 

prior to embarking on a carrier pursuant 

to the new 8 CFR 212.1(q)(9) beginning 

November 29, 2024. Similarly, in the list 

of requirements for transportation lines 

in paragraph (q)(5), paragraph (q)(5)(iv) 

is revised to incorporate the 60-day 

transition period and add the 

requirement that transportation lines 

transport travelers who have received 

electronic travel authorization pursuant 

to the new 8 CFR 212.1(q)(9) beginning 

November 29, 2024. Also, in paragraph 

(q)(5) regarding requirements for 

transportation lines, a cross-reference to 

8 CFR 1.4 is added to the end of 

paragraph (q)(5)(v), requiring 

transportation lines to transport a 

traveler in possession of a completed I– 

94, Arrival-Departure Record (CBP Form 

I–94). The cross-referenced section 1.4 

states that the definition of Form I–94 

includes the electronic format and that 

the terms ‘‘completed and signed’’ 

‘‘include, but are not limited to, DHS 

completing its collection of information 

into its electronic record of admission, 

or arrival/departure.’’ See 8 CFR 1.4(b). 

C. Technical Corrections 

This IFR also makes several technical 

corrections to 8 CFR 212.1(q). First, the 

G–CNMI VWP eligibility requirement 

for residents of Taiwan to possess a 

Taiwan National Identity Card and a 

valid Taiwan passport with a valid 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 

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; 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3307 

46Note 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). 

47Report 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. 

(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 

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 

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 


khammond on DSKJM1Z7X2PROD with RULES
3308 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

48See 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). 

49See 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). 

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. 

7. Maintenance of Status—Satisfactory 

Departure 

This rule includes a provision 

allowing a traveler admitted to the 

CNMI under the CNMI EVS–TAP to 

seek a period of satisfactory departure, 

similar to the G–CNMI VWP. Under new 

8 CFR 212.1(r)(7), this rule provides that 

if a traveler admitted under the CNMI 

EVS–TAP is prevented from departing 

within the period of the authorized stay 

due to an emergency, an immigration 

officer having jurisdiction over the place 

of the traveler’s temporary stay may 

grant satisfactory departure to permit 

the traveler to delay departing the CNMI 

for a period not to exceed 15 days. 

Currently, this means travelers may seek 

satisfactory departure by contacting any 

local CBP Port of Entry or Deferred 

Inspection Site, or the U.S. Citizenship 

and Immigration Services Contact 

Center. If the traveler departs within the 

extended time period, the traveler will 

be regarded as having departed within 

the required time period and will not be 

considered as having overstayed the 

period of authorized stay. 

8. Inadmissibility and Deportability 

This rule sets forth the authority of 

DHS to remove noncitizens and to make 

determinations as to admissibility and 

deportability in 8 CFR 212.1(r)(8), like 

the authority under the G–CNMI VWP. 

CBP may remove a noncitizen seeking 

admission under the CNMI EVS–TAP 

upon a determination that the 

noncitizen is inadmissible to the CNMI 

under one or more of the grounds of 

inadmissibility (other than for lack of 

visa) listed under section 212 of the INA 

(8 U.S.C. 1182). This rule also provides 

that an immigration officer will refuse 

admission to and remove a CNMI EVS– 

TAP applicant who is in possession of 

and presents fraudulent or counterfeit 

travel documents. See INA sec. 

212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)). 

Likewise, DHS may remove a noncitizen 

admitted under the CNMI EVS–TAP 

who has violated the noncitizen’s status 

under one or more grounds of 

deportability as listed under section 237 

of the INA (8 U.S.C. 1227). Accordingly, 

noncitizens who have been determined 

to be inadmissible or deportable will not 

be referred to an immigration judge for 

further inquiry, examination, or hearing. 

See INA sec. 212(l)(2) (8 U.S.C. 

1182(l)(2)). 

The CNRA provides that, during the 

transition period, currently extended 

through December 31, 2029, section 208 

of the INA (8 U.S.C. 1158), the section 

that sets forth the requirements to seek 

asylum, does not apply to noncitizens in 

the CNMI.49 Therefore, prior to January 

1, 2030, a noncitizen who is physically 

present or arriving in the CNMI under 

the CNMI EVS–TAP may not apply for 

asylum and an immigration judge will 

not have jurisdiction over asylum 

applications filed by an noncitizen 

physically present or arriving in the 

CNMI under the CNMI EVS–TAP.50

Noncitizens physically present or 

arriving in the CNMI during the 

transition period who express a fear of 

persecution or torture only may 

establish eligibility for withholding of 

removal pursuant to INA section 

241(b)(3) or pursuant to the regulations 

implementing Article 3 of the United 

Nations Convention Against Torture and 

Other Cruel, Inhuman or Degrading 

Treatment or Punishment.51

9. Electronic Travel Authorization 

a. Electronic Travel Authorization 

Requirement, Transition Period, and 

Impact on Parole 

This rule requires CNMI EVS–TAP 

travelers to obtain electronic travel 

authorization to travel to the CNMI prior 

to embarking on such travel under 8 

CFR 212.1(r)(9). This requirement 

parallels the new requirement for G– 

CNMI VWP travelers to obtain 

electronic travel authorization discussed 

in section IV.A. above. As discussed 

above, by requiring an electronic travel 

authorization, CBP will be able to screen 

travelers seeking to enter the CNMI 

under the CNMI EVS–TAP prior to their 

arrival in the CNMI. DHS notes that an 

electronic authorization to travel to the 

CNMI under the CNMI EVS–TAP is not 

a determination that the traveler 

ultimately is admissible to the CNMI. 

That determination is made by a CBP 

officer only after an applicant for 

admission is inspected by the CBP 

officer at a U.S. port of entry. In 

addition, a CNMI EVS–TAP electronic 

travel authorization is not a visa. The 

grant of a CNMI EVS–TAP electronic 

travel authorization is distinct from the 

visa application process. Travel 

authorization under the CNMI EVS– 

TAP allows a CNMI EVS–TAP 

participant to travel to the CNMI, and 

does not confer on the traveler 

admissibility to the CNMI. Requiring a 

CNMI EVS–TAP electronic travel 

authorization, therefore, allows DHS to 

identify potential grounds of 

ineligibility for admission before the 

CNMI EVS–TAP traveler embarks on a 

carrier destined for the CNMI. 

Requiring a CNMI EVS–TAP 

electronic travel authorization will 

reduce the number of travelers who are 

determined to be inadmissible to the 

CNMI during inspection by a CBP 

officer at a port of entry, thereby saving, 

among other things, the cost of return 

travel to the carrier, inspection time, 

and delays and inconvenience for the 

traveler. Requiring a CNMI EVS–TAP 

electronic travel authorization also will 

enable CBP to better allocate existing 

resources toward screening passengers 

at U.S. ports of entry, thereby 

facilitating legitimate travel. Requiring a 

CNMI EVS–TAP electronic travel 

authorization increases the amount of 

information available to DHS regarding 

CNMI EVS–TAP travelers before such 

travelers arrive at U.S. ports of entry; 

and, by recommending that travelers 

submit such information a minimum of 

5 days in advance of departure, provides 

DHS with additional time to screen 

CNMI EVS–TAP travelers destined for 

the CNMI, thus enhancing security by 

allowing CBP to conduct pre-vetting and 

cross-checking information against law 

enforcement databases. Furthermore, it 

will allow carriers to know in advance 

whether the traveler is approved to 

board the conveyance using existing 

messaging capabilities between CBP and 

the carriers. 

Once CNMI–EVS–TAP is fully 

implemented and announced in the 

Federal Register, the current parole 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3309 

policy for PRC nationals seeking to enter 

the CNMI will be discontinued. Until 

that time, the G–CNMI VWP electronic 

travel authorization requirement allows 

DHS to eliminate the requirement that 

nationals of the PRC complete a paper 

CBP Form I–736 prior to being paroled 

into the CNMI. However, as discussed 

in Section IV.A. above, although this 

rule is effective on September 30, 2024, 

CBP is incorporating in the rule a 60- 

day transition period to facilitate 

travelers adjusting to the new collection 

method. See new 8 CFR 212.1(q)(9)(i). 

Prior to September 30, 2024, travelers 

seeking to be paroled into the CNMI 

should continue to use the paper CBP 

Form I–736 or print out as they are 

doing today. On September 30, 2024, 

the 60-day transition period will begin. 

During this transition period travelers 

can choose whether to submit the Form 

I–736 in advance electronically and 

receive electronic travel authorization 

prior to embarking on a carrier or to 

submit the paper CBP Form I–736 upon 

arrival. 

At the end of the transition period, 

the paper CBP Form I–736 will become 

obsolete and travelers must input and 

submit in advance their personal 

information and respond to the 

eligibility questions using the new 

electronic format. The travelers’ 

information will be pre-screened or 

vetted against law enforcement 

databases. Based on the results of the 

pre-screening, the application will be 

approved or denied. The system will 

generate a ‘‘board’’ or ‘‘no board’’ status 

message to the carrier indicating a 

denied or approved authorization to 

board before the flight. The applicant 

also receives a message with the 

application status: approved, denied, 

canceled, or pending. An approved 

application is not a grant of advance 

parole, it is merely a determination of 

eligibility to board the carrier. 

Beginning November 29, 2024, when the 

60-day transition period ends, carriers 

must deny boarding to travelers without 

an approved electronic travel 

authorization. All information will be 

saved in the newly created G–CNMI 

VWP database. 

b. Obtaining Travel Authorization 

This IFR establishes data fields by 

which CNMI EVS–TAP travelers must 

electronically submit to CBP, in advance 

of travel to the CNMI, including 

biographic and other information 

specified by the Secretary. The 

information specified by the Secretary is 

necessary to determine the eligibility of 

the individual to travel to the CNMI 

under the CNMI EVS–TAP, and whether 

such travel poses a law enforcement or 

security risk. This is the same 

information currently required on the 

paper CBP Form I–736, which 

applicants for parole from the PRC must 

present to a CBP officer at a port of 

entry, with several additional questions 

specific to the CNMI EVS–TAP. This 

IFR does not impose any new data 

collection requirements on air or vessel 

carriers. For example, this rule does not 

require air carriers to transmit any 

CNMI EVS–TAP electronic travel 

authorization data elements on behalf of 

travelers to CBP, nor does it require 

carriers to submit any additional data. 

In determining a traveler’s eligibility 

for a CNMI EVS–TAP electronic travel 

authorization, CBP will assess each 

application to determine whether the 

individual is eligible to travel to the 

CNMI and whether there exists any law 

enforcement or security risk in 

permitting such travel under the CNMI 

EVS–TAP. The information submitted 

by the individual in the travel 

authorization application will be 

checked by CBP against all appropriate 

databases, including, but not limited to, 

lost and stolen passport databases and 

appropriate watchlists. Additionally, if 

a traveler does not provide the 

information required, provides false 

information in the travel authorization 

application, or if any evidence exists 

indicating that an individual is 

ineligible to travel to the CNMI under 

the CNMI EVS–TAP or that permitting 

such travel poses a law enforcement or 

security risk, CBP may deny the 

application for a travel authorization. 

The Secretary, acting through CBP, 

retains discretion to revoke a travel 

authorization determination at any time 

and for any reason, as set forth in new 

8 CFR 212.1(r)(9)(vi)(D). If a travel 

authorization application under the 

CNMI EVS–TAP is denied, the 

individual may still seek to obtain a visa 

to travel to the CNMI from the 

appropriate U.S. embassy or consulate. 

See INA sec. 221(a)(1)(B) (8 U.S.C. 

1201(a)(1)(B)). 

c. Timeline for Submitting Travel 

Authorization Data 

Once CNMI EVS–TAP is 

implemented, pursuant to new 8 CFR 

212.1(r)(9), each nonimmigrant visitor 

wishing to travel to the CNMI under the 

CNMI EVS–TAP must have a travel 

authorization prior to embarking on a 

carrier. DHS, however, recommends that 

CNMI EVS–TAP travelers obtain travel 

authorizations prior to the time of 

reservation or purchase of the ticket, or 

at least 5 days before departure to the 

CNMI, in order to facilitate timely 

departures. 

d. Required Travel Authorization Data 

Elements 

CNMI EVS–TAP electronic travel 

authorization will collect the same 

information currently required on the 

paper CBP Form I–736 that is presented 

by parolees from the PRC to a CBP 

officer at a port of entry with several 

additional questions specific to the 

CNMI EVS–TAP. This is the information 

that the Secretary has deemed necessary 

to evaluate whether an individual is 

eligible to travel to the CNMI under the 

CNMI EVS–TAP and whether such 

travel poses a law enforcement or 

security risk. This information is 

already collected through the CBP Form 

I–736, which is presented to CBP when 

the applicant for parole arrives in the 

CNMI. On the CBP Form I–736, travelers 

must provide biographical data such as 

name, birth date, and passport 

information, as well as travel 

information such as flight information 

and the address of the traveler in the 

CNMI. Travelers must also answer 

eligibility questions regarding, for 

example: communicable diseases, 

arrests and convictions for certain 

crimes, and past history of visa 

revocation or deportation. In addition to 

the Form I–736 data elements, in order 

for CBP to initially determine if the 

applicant is eligible to travel under the 

CNMI EVS–TAP before the individual 

commences travel to the CNMI, the 

CNMI EVS–TAP questions also include 

questions regarding the status of the 

traveler’s family and finances, 

occupation, and previous visits to Guam 

and/or the CNMI. 

e. Scope of CNMI EVS–TAP Electronic 

Travel Authorization 

An approved CNMI EVS–TAP 

electronic travel authorization only 

allows a noncitizen to board a 

conveyance for travel to a U.S. port of 

entry in the CNMI and does not restrict, 

limit, or otherwise affect the authority of 

CBP to determine a traveler’s 

admissibility to the CNMI during 

inspection at a port of entry. 

f. Duration 

Each travel authorization will be valid 

for a period of no more than one year. 

A noncitizen may travel to the CNMI 

repeatedly within the validity period of 

the travel authorization using the same 

travel authorization. Pursuant to INA 

section 212(a)(7)(B)(i)(I) (8 U.S.C. 

1182(a)(7)(B)(i)(I)) and implementing 

regulations at 8 CFR 214.1(a)(3)(i), the 

passport of an applicant for admission 

must be valid for a minimum of six 

months from the expiration date of the 

contemplated period of stay. Travelers 


khammond on DSKJM1Z7X2PROD with RULES
3310 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

52Report 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. 

53See 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). 

whose CNMI EVS–TAP electronic travel 

authorization applications are approved, 

but whose passports will expire in less 

than one year but greater than six 

months, will receive travel 

authorization that is valid only until six 

months prior to the expiration date on 

the passport. Travelers whose passports 

will expire in six months or less will not 

receive a travel authorization. 

The Secretary, in consultation with 

the Secretary of the Interior and the 

Secretary of State, may increase or 

decrease the CNMI EVS–TAP travel 

authorization validity period otherwise 

authorized. See INA sec. 212(l)(3) (8 

U.S.C. 1182(l)(3)). Notice of any change 

to the CNMI EVS–TAP travel 

authorization validity period will be 

published in the Federal Register. The 

CNMI EVS–TAP website will be 

updated to reflect the travel 

authorization validity period. 

g. Events Requiring New Travel 

Authorization 

A CNMI EVS–TAP traveler must 

obtain a new electronic travel 

authorization in advance of travel to the 

CNMI within the validity period of the 

traveler’s current travel authorization if 

any of the following occurs: 

(1) The traveler is issued a new 

passport; 

(2) The traveler’s name changes; 

(3) The traveler’s gender changes; 

(4) The traveler’s country of 

citizenship changes; or 

(5) The circumstances underlying the 

traveler’s previous responses to any of 

the CNMI EVS–TAP electronic travel 

authorization application questions 

requiring a ‘‘yes’’ or ‘‘no’’ response 

(eligibility questions) have changed. 

h. Fee 

At this time, payment of a fee will not 

be required to obtain a travel 

authorization. If DHS determines at a 

later time, however, that collection of a 

fee is necessary for the efficient 

administration of the CNMI EVS–TAP 

electronic travel authorization 

requirement, DHS will implement a fee 

through a separate rulemaking action or 

such other manner as is consistent with 

the Administrative Procedure Act and 

applicable statutory authorities. 

10. Severability 

To the extent that any portion of the 

requirements arising from this rule is 

declared invalid by a court, DHS 

intends for all other parts of the rule 

that are capable of operating in the 

absence of the specific portion that has 

been invalidated to remain in effect. 

11. Implementation Date 

The requirements of the new 8 CFR 

212.1(r) will take effect 45 days after the 

publication by the Secretary of 

notification in the Federal Register 

announcing the implementation of 

CNMI EVS–TAP. This delay in 

implementation will allow CBP to first 

establish automation of the Form I–736 

and the G–CNMI VWP, and then 

integrate CNMI EVS–TAP. Note that this 

IFR has a delayed effective date until 

September 30, 2024, then the 60-day 

transition period begins for the 

electronic travel authorization 

requirement for the G–CNMI VWP. It 

will not be until sometime after 60 days 

after this IFR is effective that DHS will 

announce the implementation of CNMI 

EVS–TAP in the Federal Register. 

B. Conforming Amendments and 

Revision of CBP Form I–760 

This rule makes several conforming 

amendments to the regulations to 

account for the CNMI EVS–TAP. This 

rule makes two changes to 8 CFR 

212.1(q) to account for CNMI EVS–TAP 

and the new 8 CFR 212.1(r). The first 

change impacts 8 CFR 212.1(q)(6) 

regarding bonding requirements. Part of 

the second recommendation made in 

the 902 Consultations regarding the 

creation of CNMI EVS–TAP is that the 

United States will explore adding 

bonding requirements as discussed in 

the CNRA.52 Section 702(b) of the CNRA 

requires that the regulations 

implementing the G–CNMI VWP, and 

thus the CNMI EVS–TAP, include any 

bonding requirements for nationals of 

some or all of those countries who may 

present an increased risk of overstaying 

their period of authorized stay or other 

potential problems, if different from 

such requirements otherwise provided 

by law for nonimmigrant visitors.53 The 

general bonding requirements provided 

by law for nonimmigrant visitors are 

found in section 214(a)(1) of the INA (8 

U.S.C. 1184(a)(1)), which allows the 

Secretary to prescribe by regulations 

when the Secretary deems necessary the 

giving of a bond and the sum and 

conditions thereof for the admission of 

a nonimmigrant. Accordingly, 8 CFR 

214.1(a)(3)(iii) sets forth who may 

require a bond from a nonimmigrant, 

the appropriate form, and the minimum 

sum. See also 8 CFR 103.6 (regarding 

the procedures for posting, processing, 

and cancellation of surety bonds in 

immigration cases). 

DHS has not imposed any bonding 

requirements different from such 

requirements otherwise provided by law 

for nonimmigrant visitors for travelers 

seeking admission into Guam or the 

CNMI under the G–CNMI VWP. For 

clarity, DHS is removing the applicable 

text regarding bonding requirements 

from 8 CFR 212.1(q)(6). To date, DHS 

has not utilized 8 CFR 212.1(q)(6) to 

require a bond on behalf of any traveler 

seeking admission under the G–CNMI 

VWP. Similar to the discussion above in 

Section V.A.6. regarding bonding 

requirements under the CNMI EVS– 

TAP, at this time DHS is not imposing 

any bonding requirements different 

from such requirements otherwise 

provided by law for nonimmigrant 

visitors for travelers seeking admission 

into Guam or the CNMI under the G– 

CNMI VWP. The general bonding 

requirements for nonimmigrants 

continue to apply, although they are 

rarely used. If DHS determines that 

additional bonding requirements are 

necessary, DHS will amend the 

regulations accordingly and has 

reserved the applicable text of 8 CFR 

212.1(q)(6) to do so. 

The second change to 8 CFR 212.1(q) 

made by this rule to account for CNMI 

EVS–TAP and the new 8 CFR 212.1(r) 

addresses severability. This rule adds 

new 8 CFR 212.1(q)(10), which provides 

that to the extent that any portion of the 

requirements arising from this rule is 

declared invalid by a court, DHS 

intends for all other parts of the rule 

that are capable of operating in the 

absence of the specific portion that has 

been invalidated to remain in effect. 

This rule also amends 8 CFR 214.1, 

regarding ineligibility for extensions of 

stay, to add a limitation regarding 

extensions of stay for CNMI EVS–TAP 

travelers. Currently, 8 CFR 

214.1(c)(3)(viii) provides that 

nonimmigrants who are admitted into 

the United States as visitors for business 

or pleasure pursuant to the G–CNMI 

VWP are ineligible for an extension of 

stay. This amendment provides that 

nonimmigrants admitted pursuant to the 

CNMI EVS–TAP are also ineligible for 

an extension of stay. 

This rule also amends 8 CFR 233.6 to 

require transportation lines bringing 

travelers to the CNMI under the CNMI 

EVS–TAP to enter into an agreement on 

CBP Form I–760. Currently, 

transportation lines transporting 

nonimmigrant visitors under the G– 

CNMI VWP into Guam or the CNMI 

from foreign territories must enter into 

a contract with CBP by executing CBP 

Form I–760 ‘‘Guam-CNMI Visa Waiver 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3311 

54The 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. 

Agreement’’ (I–760). Additionally, CBP 

Form I–760 will be revised to reflect the 

automation of the G–CNMI VWP and 

the establishment of the CNMI EVS– 

TAP. 

VI. Statutory and Regulatory Reviews 

A. Administrative Procedure Act 

Section 702(b) of CNRA directs that 

all regulations necessary to implement 

the G–CNMI VWP shall be considered a 

foreign affairs function for purposes of 

section 553(a) of the Administrative 

Procedure Act (APA). Even without this 

directive from the CNRA, for the reasons 

discussed below this rule involves a 

foreign affairs function of the United 

States. DHS, after consultation with the 

Departments of State and Interior, is 

adopting this rule to advance the 

President’s foreign policy goals and this 

rule directly involves relationships 

between the United States and its 

noncitizen visitors. Requiring 

noncitizen visitors to submit their 

information electronically in advance of 

travel and receive an electronic travel 

authorization prior to embarking on a 

carrier for travel to Guam or the CNMI 

is an integral part of the administration 

of the G–CNMI VWP and its 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 

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. 

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 7- 

percent), which includes associated 

information technology (IT) costs with 

the automation of Form I–736, as well 

as developing the public facing CNMI 

EVS–TAP website. The present value 

benefits are $11,956,620 (PV, 7-percent), 

which results from improved processing 

times at Federal Inspection Services 

(FIS), a reduction in costs to both CBP 

and carriers associated with individuals 

found to be inadmissible at Guam-CNMI 

POEs, and savings to CBP from 

eliminating manual data entry and 

storage of the current paper CBP Form 

I–736. The net present value (NPV, 7- 

percent) is calculated at $4,937,678. 

Background 

Current Process 

Under the current process, travelers 

from G–CNMI VWP participating 

countries and geographic areas can 

travel for business or pleasure purposes 

to Guam or the CNMI without obtaining 

a visa for a period not to exceed 45 days. 

Upon arrival, travelers provide CBP 

officers their paper CBP Form I–736. 

Travelers can access CBP Form I–736 by 

visiting CBP’s website. The traveler can 

choose to fill out the form 


khammond on DSKJM1Z7X2PROD with RULES
3312 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

55Note 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. 

56See 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. 

electronically, print it, and provide it to 

the CBP officer, or the traveler can print 

and fill out by hand as well. Carriers 

also provide a paper version of CBP 

Form I–736 to passengers who need it 

prior to arrival in Guam or the CNMI. 

Form I–736 has a set of vetting 

questions that the CBP officer reviews at 

the FIS and uses the information to 

determine admissibility to Guam or the 

CNMI. Travelers arriving in the CNMI 

from the PRC must present themselves 

to a CBP officer with the CBP Form I– 

736 filled out and then generally are 

paroled into the CNMI for a period not 

to exceed 14 days. PRC nationals are 

required to obtain a visa to enter Guam. 

Process: Phase I and Phase II 

Under this IFR, CBP is replacing the 

current process with a new process that 

adapts currently available technology. 

Under this IFR, the traveler information 

contained in Form I–736 will be 

submitted by travelers in advance, prior 

to boarding a carrier, to CBP and DHS. 

Travelers from G–CNMI VWP countries 

and geographic areas must receive from 

CBP a determination of travel eligibility 

prior to embarking on a carrier for travel 

to either Guam or the CNMI. Similarly, 

PRC nationals must also receive a 

determination of travel eligibility prior 

to boarding a carrier destined to the 

CNMI. PRC nationals will still be 

required to obtain a visa to enter Guam. 

CBP is implementing this rule in two 

phases. 

In particular, this IFR involves the 

collection of information provided on 

Form I–736 from travelers arriving in 

either Guam or the CNMI from current 

G–CNMI VWP participating countries 

and geographic areas. This rule changes 

the mechanism by which traveler 

information is processed.55 Under this 

IFR, travelers will instead respond and 

submit their personal and travel 

information responses to CBP and DHS 

in advance via an electronic version of 

Form I–736 that will be available on the 

DHS–CBP website. Under CNMI EVS– 

TAP in Phase II, the Form I–736 for PRC 

nationals will have an additional set of 

pre-vetting questions than those 

traveling under the G–CNMI VWP to 

make a determination of travel 

eligibility. These changes allow DHS 

and CBP to perform more effective 

vetting of travelers entering Guam and 

the CNMI. 

Under this IFR, travelers from all 

countries and geographic areas that are 

part of the G–CNMI VWP must begin 

using the new automated electronic 

Form I–736, and use of the current 

paper CBP Form I–736 will be 

discontinued. This regulatory impact 

analysis studies the economic impact of 

automating Form I–736, and the 

creation of the CNMI EVS–TAP. The 

implementation of CNMI EVS–TAP will 

occur once the automation of the 

electronic Form I–736 is complete. 

Phase I 

The first phase of this rule affects 

travelers from G–CNMI VWP 

participating countries and geographic 

areas traveling to Guam or the CNMI, 

and PRC nationals seeking parole 

traveling to the CNMI, for business or 

pleasure purposes. These travelers will 

be required to access the electronic 

version of Form I–736, provide the 

required information, and receive an 

electronic travel authorization prior to 

boarding a carrier to Guam or the CNMI. 

DHS and CBP recommend that travelers 

obtain travel authorizations prior to the 

time of reservation or purchase of the 

ticket, or at least five days before 

departure to Guam or the CNMI, in 

order to facilitate timely departures. The 

recommended five days will provide 

DHS and CBP time to conduct the 

necessary pre-vetting investigation 

process prior to the traveler’s departure. 

The traveler’s information is reviewed 

against various U.S. and international 

law enforcement agency databases to 

ensure travel eligibility to the United 

States. Once the vetting is complete, 

CBP will provide the traveler with a 

determination of travel eligibility. This 

process is similar to the ESTA process 

for travel under the general VWP. 

Soon after travelers input their 

information into the electronic Form I– 

736, travelers, in most cases, will 

receive a positive determination of 

travel eligibility, that is, an electronic 

travel authorization. An electronic 

travel authorization is required to travel 

to Guam or the CNMI under the G– 

CNMI VWP, but is not a determination 

that the traveler ultimately is admissible 

to Guam or the CNMI. A determination 

of admissibility to Guam or the CNMI 

will still be made by a CBP officer at the 

face-to-face interview at an FIS facility 

area. Under the rule, CBP will have 

access to the traveler’s electronic Form 

I–736 in advance and prior to arrival at 

Guam or the CNMI. Having the 

traveler’s personal and travel 

information in advance will help CBP 

identify potential grounds of 

ineligibility for admission before the G– 

CNMI VWP traveler embarks on a 

carrier destined for Guam or the CNMI. 

The process will also help travelers in 

shortening their time at inspection, as 

well as decreasing the number of 

travelers turned away at the port of 

entry because of inadmissibility. 

Another anticipated outcome of this IFR 

is that carriers are expected to 

experience a decrease in costs from 

transporting individuals who are 

deemed to be inadmissible to the United 

States. These expected outcomes are 

discussed in further detail below, under 

‘‘Benefits of the Rule.’’ 

Phase II 

The second phase of this rulemaking 

will be implemented once the 

automation of Form I–736 has been 

successfully completed. The timeframe 

allows for the implementation, testing, 

and operations of Phase I to be 

completed successfully before 

implementing Phase II. 

Phase II involves the development of 

a sub-program to the G–CNMI VWP, 

known as CNMI EVS–TAP. CNMI EVS– 

TAP will allow PRC nationals to enter 

the CNMI (but not Guam) for a 

maximum of 14 days without requiring 

either a visa to the United States or 

receiving a grant of discretionary parole. 

Under this IFR, and similar to the 

requirements for G–CNMI VWP 

travelers and PRC nationals seeking 

parole traveling to the CNMI in Phase I, 

PRC nationals seeking to travel to the 

CNMI under the CNMI EVS–TAP will 

have to access the electronic Form I– 

736, though now with additional 

questions specific to the CNMI–EVS– 

TAP, provide the required traveler 

information, and receive an electronic 

travel authorization prior to boarding a 

carrier to the CNMI. The required 

determination of travel eligibility will 

be provided by the CNMI EVS–TAP 

system once the traveler provides the 

requested personal and travel 

information and the traveler is vetted as 

described above in Phase I. The CNMI 

EVS–TAP system builds on the G–CNMI 

VWP system and is thus similar to the 

current ESTA, a program used in the 

general VWP, as described above, and is 

also similar to the Electronic Visa 

Update System (EVUS), a program used 

by certain PRC nationals to update 

biographic and other information to 

maintain visa validity prior to travel to 

the United States.56 CNMI EVS–TAP 

will provide a channel through which 

personal and travel information is 

collected by CBP for security vetting 

purposes during the prescreening 

investigation process. Depending on the 

outcome of the investigation, a travel 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3313 

57Source: BorderStat, ATS–P, accessed Jun. 29, 

2022. Inbound arrivals to Guam and the CNMI all 

modes. 

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 

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

Country or geographic area FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Total 

Australia ................................................... 698 539 440 378 369 2,424 

Brunei ....................................................... 2 0 1 6 1 10 

Hong Kong ............................................... 352 970 2,344 2,699 2,479 8,844 

Japan ....................................................... 707,421 621,534 471,393 386,033 456,321 2,642,702 

Malaysia ................................................... 208 235 567 426 495 1,931 

Nauru ....................................................... 12 9 7 28 22 78 

New Zealand ............................................ 137 159 139 133 110 678 

Papua New Guinea .................................. 205 275 73 60 55 668 

South Korea ............................................. 489,519 581,744 715,564 762,479 697,602 3,243,908 

Singapore ................................................. 151 173 142 153 127 746 


khammond on DSKJM1Z7X2PROD with RULES
3314 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

58CBP 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. 

60See 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. 

61CBP 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. 

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 ...................................................... 35,144 33,820 29,590 20,182 20,433 139,169 

United Kingdom ....................................... 689 674 945 565 534 3,407 

Total .................................................. 1,234,538 1,240,132 1,218,205 1,173,142 1,178,548 6,044,565 

TABLE 2—PRC ARRIVALS AT THE CNMI SEEKING PAROLE

Arrivals to the CNMI FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Total 

PRC arrivals at the CNMI ........................ 108,952 136,911 184,378 213,827 164,564 808,632 

Future Arrivals to Guam and CNMI 

Table 3 presents future forecasts of 

travel to Guam and the CNMI, and is 

used to compare the effect of the 

regulation. Using the data presented in 

Table 1, the number of arrivals to Guam 

and the CNMI grew at a compound 

annual growth rate of ¥1.15 percent 

between fiscal years 2015 and 2019. 

CBP uses this rate to forecast future 

travel to the islands.58

TABLE 3—G–CNMI VWP EXPECTED ARRIVALS TO GUAM AND CNMI 59

Country or geographic area FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 

Australia ............................................................................... 365 361 357 353 349 

Brunei ................................................................................... 1 1 1 1 1 

Hong Kong ........................................................................... 2,451 2,423 2,395 2,367 2,340 

Japan ................................................................................... 451,074 445,886 440,759 435,690 430,680

Malaysia ............................................................................... 490 484 479 473 468 

Nauru ................................................................................... 22 22 22 22 21 

New Zealand ........................................................................ 109 108 107 106 104 

Papua New Guinea .............................................................. 55 54 54 53 52 

South Korea ......................................................................... 689,580 681,650 673,811 666,062 658,402 

Singapore ............................................................................. 126 125 123 122 120 

Taiwan .................................................................................. 20,199 19,966 19,737 19,510 19,285 

United Kingdom ................................................................... 528 522 516 510 504 

Total .............................................................................. 1,165,000 1,151,602 1,138,361 1,125,269 1,112,326 

Economic Costs of Rule 60

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. 

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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3315 

62Please note that this process would also allow 

travelers to print their Form I–736 for their own 

records. 

63See 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. 

64Note: please refer to the regulatory text for 

specifications and additional requirements. 

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 

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’’ 

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 


khammond on DSKJM1Z7X2PROD with RULES
3316 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

both phases incurred in the first year, 

and the second as operation and 

maintenance costs for the subsequent 

four years. The program’s total 

development is estimated at $3,169,486 

incurred in the first year, with 

operations and maintenance starting at 

$646,575 undiscounted in the second 

year and rising to $686,151 

undiscounted in the program’s fifth 

year. The program’s total 

implementation cost is estimated at 

$5,834,416 undiscounted over the next 

five-year period. 

TABLE 4—GUAM-CNMI PROGRAM IMPLEMENTATION COSTS

[Phase I and II] 

Cost category FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

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

Operations and Maintenance ................... ........................ 646,575 659,507 672,697 686,151 2,664,930 

Total .................................................. 3,169,486 646,575 696,507 672,697 686,151 5,834,416 

In addition, CBP has identified that 

the changes in this rule will result in a 

net increase in traveler time. The 

increased traveler time will result in a 

cost increase. The following sections 

explain the process for Phase I for each 

group of travelers and Phase II in further 

detail. 

Increased Traveler Times Associated 

With the Automation of Form I–736 for 

G–CNMI VWP Travelers 

In order to provide an estimate of the 

net change in traveler times as a result 

of this rule (measured as the difference 

in minutes between the current process 

and the new process), it is important to 

understand the current inspection and 

admission process in Guam and the 

CNMI. In general, the traveler 

disembarks from the aircraft, enters the 

FIS and joins the queue. If it is the case 

that the traveler has neither a current 

ESTA, nor a valid EVUS authorization, 

then the traveler approaches the CBP 

officer and presents a valid passport and 

a completed and signed CBP Form I– 

736. If the traveler has all documents in 

order, then the officer compares the 

passport to the person and reviews CBP 

Form I–736. The officer then scans the 

passport in the TPAC and reviews any 

lookouts that may appear in the system. 

The officer questions the traveler as to 

the purpose and length of stay and other 

relevant questions. The officer either 

admits the traveler, refers the traveler 

for secondary inspection, or grants 

parole in the case for PRC nationals to 

the CNMI. Under this IFR, with the 

automation of Form I–736 for G–CNMI 

VWP countries and geographic areas in 

Phase I and with the implementation of 

CNMI EVS–TAP for PRC nationals in 

Phase II, both programs will result in a 

net increased traveler times. 

Table 5 describes the three varying 

scenarios that can occur under the 

current process when a traveler from a 

participating G–CNMI VWP country 

arrives at an FIS at either Guam or the 

CNMI. The left-hand column, labeled 

(a), describes the scenario with the least 

amount of traveler time and represents 

a traveler with an approved ESTA. The 

traveler time in this first scenario is 

estimated to take approximately two 

minutes per traveler. The middle 

column, labeled (b), describes the 

scenario when the traveler does not 

have an approved ESTA, but has in 

hand the required current paper CBP 

Form I–736 completed and signed. The 

traveler time in this second column is 

approximately the same as that in the 

first column, however, there is a greater 

chance that the traveler may be found to 

be inadmissible. This rule will attempt 

to lower the likelihood of a traveler 

being found inadmissible for three 

reasons: (1) the traveler’s information 

will be collected beforehand by CBP and 

DHS; (2) the collected information will 

have gone through a vetting process 

before the traveler boards the carrier; 

and (3) the CBP officer will have the 

traveler’s information in digital format 

for a few seconds beforehand to make an 

assessment on admissibility with greater 

confidence. The right-hand column, 

labeled (c), is the most time consuming 

scenario and describes the case in 

which a traveler arrives at FIS without 

an approved ESTA, and without CBP 

Form I–736. It is the number of 

occurrences in column (c) that this rule 

will attempt to eliminate, as the traveler 

time under this third scenario can take 

up to an estimated seven minutes per 

traveler. Under this IFR, the automation 

of Form I–736 will result in most 

travelers following a scenario similar to 

that described in the column (a). Note 

that none of these scenarios includes the 

time it takes to complete the Form I–736 

as that time burden is borne by the 

traveler in all scenarios in both the 

baseline and under the rule. The next 

two subsections describe both the 

current and proposed processes in more 

detail. 

TABLE 5—CURRENT PROCESS FOR GENERAL VWP AND G–CNMI VWP PARTICIPANTS TRAVELING TO GUAM OR THE

CNMI 

[Traveler time is in parentheses] 

Traveler from 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.

Traveler arrives at the FIS area and presents 

travel documents to the CBP officer.

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).

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).

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). 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3317 

65These countries are part of both the general 

Visa Waiver Program and G–CNMI VWP. 

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).

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 either refers the person to secondary, or grants admission to Guam or the 

CNMI.

CBP officer either refers the person to secondary, or grants admission to Guam or the 

CNMI.

CBP officer interviews the traveler as to the 

purpose and length of intended stay and 

other relevant questions (approx. 1 min). 

If traveler is admissible, then, the traveler proceeds to local CNMI Customs Service for 

processing.

If traveler is admissible, then, the traveler proceeds to local CNMI Customs Service for 

processing.

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 ................................................ Total time: 2 min .............................................. Total time: 7 min. 

Baseline Process for G–CNMI VWP 

Travelers Visiting Either Guam or the 

CNMI 

A CBP Form I–736 is required for 

travel to Guam and the CNMI except in 

three circumstances. CBP Form I–736 is 

not required if a traveler holds a valid 

visa for travel to the United States. The 

processing time for these travelers is 

estimated to be approximately two 

minutes, which is the time it takes for 

the CBP officer to inspect the travel 

documents and ask questions to the 

traveler regarding the purpose and 

length of intended stay as well as other 

relevant questions. If a traveler is a 

citizen of Australia, Brunei, Japan, New 

Zealand, South Korea, Singapore, 

Taiwan, or the United Kingdom 65 and 

has a current ESTA enrollment, then 

CBP Form I–736 is also not required and 

the respective processing time upon 

arrival resembles that detailed in 

column (a) of Table 5. If a traveler from 

the PRC holds a valid visa for travel to 

the United States and has a valid EVUS 

enrollment, then CBP Form I–736 is also 

not required. 

Citizens or nationals from one of the 

twelve countries or geographic areas 

participating in the G–CNMI VWP 

(Australia, Brunei, Hong Kong, Japan, 

Malaysia, Nauru, New Zealand, Papua 

New Guinea, South Korea, Singapore, 

Taiwan and the United Kingdom) who 

travel to Guam or CNMI without a 

current ESTA enrollment are required, 

with a few exceptions, to present a 

signed paper copy of CBP Form I–736 

upon arrival. Their processing time can 

vary depending on whether or not the 

traveler has a completed and signed 

CBP Form I–736. If the traveler arrives 

without an approved ESTA, but has a 

completed, printed and signed CBP 

Form I–736, the CBP officer then 

reviews the information presented in 

CBP Form I–736, along with relevant 

travel and related questions, and makes 

a determination of admissibility to the 

United States. The processing time 

corresponding to column (b) in Table 5 

is also estimated at two minutes. 

If, on the other hand, the traveler from 

a G–CNMI VWP participating country 

does not have a completed, printed and 

signed CBP Form I–736, then the CBP 

officer refers the traveler to an airline 

agent to complete and sign CBP Form I– 

736. CBP estimates that the need to go 

to an airline agent adds five minutes to 

the traveler’s time, not including the 

time it actually takes to complete the 

CBP Form I–736. It generally takes 19 

minutes to complete CBP Form I–736, 

but this time is borne whether the 

traveler arrives at the airport with a 

completed form or not; all that varies is 

when the traveler fills out the form. The 

CBP officer then reviews the 

information contained within the form 

and asks relevant travel and related 

questions regarding the traveler’s 

purpose and length of stay at the 

inspection interview and makes a 

determination of admissibility. CBP 

estimates that the third process 

described in column (c) in Table 5 takes 

seven minutes from beginning to end, 

not including the time it takes to 

complete the CBP Form I–736. 

New Process for G–CNMI VWP 

Travelers When Visiting Either Guam or 

the CNMI 

CBP intends to improve the arrival 

process by automating Form I–736 

whereby the traveler does not need to 

print and sign a paper CBP Form I–736. 

Instead, CBP will automate Form I–736 

by having travelers fill out the form in 

advance, answer the required personal 

and travel questions and update their 

information prior to their travel. CBP 

will then use this information to review 

against national and international law 

enforcement databases to prescreen 

travelers, which will improve the 

current vetting process, and as a result 

receive a determination of travel 

eligibility. In essence, as a result of this 

rule, the processes represented in 

columns (b) and (c) of Table 5 will be 

eliminated, and all travelers from G– 

CNMI VWP will follow a process that 

resembles column (a) in Table 5. The 

process will be similar to the current 

ESTA process. 


khammond on DSKJM1Z7X2PROD with RULES
3318 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

66For 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. 

67See Economic Analysis for the Interim Final 

Rule: Implementation of the Guam-CNMI Visa 

Waiver Program (Oct. 31, 2008), pp. 3–13 (CNMI) 

and 4–5 (Guam), available at https://

www.regulations.gov/document/USCBP-2009-0001- 

0002. 

68Some 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. 

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 .................................................................. 699,000 690,962 683,016 675,162 667,395 3,415,535 

Additional time burden (min) ..................................................... 2 2 2 2 2 ........................

Burden hours ............................................................................. 23,300 23,032 22,767 22,505 22,247 113,851 

Monetized Time Cost ......................................................... $1,240,492 $1,226,224 $1,212,115 $1,198,166 $1,184,430 $6,061,427 

The current processing time 

associated with column (c) of Table 5 is 

seven minutes. Travelers will now have 

to follow the two-minute process 

described in column (a), but will also 

bear the additional two-minute time 

burden to set up a new account and 

logging into the website. On net, these 

travelers will experience a three-minute 

time savings as a result of this rule. The 

estimated time savings benefits from 

reduced processing at the G–CNMI FIS 

associated with column (c) of Table 5 

are presented in Table 7. 

TABLE 7—NET CHANGE IN TRAVELER TIME FROM AUTOMATION OF FORM I–736, COLUMN (C) 

Time reduction FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Number of travelers .................................................................. 466,000 460,640 455,345 450,107 444,931 2,277,023 

Time reduction (minutes) .......................................................... 3 3 3 3 3 ........................

No. of hours reduced ................................................................ 23,300 23,032 22,767 22,505 22,247 113,851 

Monetized Time Benefit ..................................................... $1,240,492 $1,226,224 $1,212,115 $1,198,166 $1,184,430 $6,061,427 

After applying this value for travel 

time using the all-purpose travel 

category, CBP estimates that the 2- 

minute increase for 60 percent of 

travelers (column b) and 3-minute 

decrease for 40 percent of travelers 

(column c) results in a net undiscounted 

economic benefit resulting from 

automation of Form I–736 is $0 over the 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3319 

next five-year period. The resulting net 

change in traveler time associated with 

Phase I, which corresponds to the 

summation of Table 6 and Table 7, is 

presented in Table 8. 

TABLE 8—TOTAL NET CHANGE IN TRAVELER TIME OF PHASE I FROM THE AUTOMATION OF FORM I–736 

Economic cost FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Monetized time cost ................................. $1,240,492 $1,226,224 $1,212,115 $1,98,116 $1,184,430 $6,061,427 

Monetized time benefit ............................. 1,240,492 1,226,224 1,212,115 1,98,116 1,184,430 6,061,427 

Total time cost (undiscounted) ......... 0 0 0 0 0 0 

Increased Traveler Time Associated 

With the Automation of Form I–736 for 

PRC Nationals and Increased Traveler 

Time Associated With the 

Implementation of CNMI EVS–TAP 

The automation of Form I–736 for 

PRC nationals seeking parole in Phase I 

and CNMI EVS–TAP in Phase II applies 

to when they arrive at an FIS at the 

CNMI only. PRC nationals still must 

obtain a visa to enter Guam, and this 

rule does not change applicable visa 

requirements for travel to Guam. In 

order to estimate the expected net 

change in processing time at inspection 

with the proposed processes under this 

rule, it is important to understand the 

current process. The difference in 

processing times between the current 

process and the new processes is the net 

change in traveler time, with the net 

change in processing time (measured as 

the difference in minutes between the 

current process and the new process), 

and the economic cost measured as the 

value of time associated with the 

increase in processing time. 

Table 9 explains the three varying 

scenarios that can result under the 

current process when travelers from the 

PRC arrive at the CNMI. The left-hand 

column, labeled (d), describes the 

scenario with the least amount of 

processing time and coincides with a 

visa traveler having a valid (approved) 

EVUS enrollment. The middle column, 

labeled (e), describes the scenario where 

the traveler arrives without a visa, but 

has in hand the required current paper 

version of CBP Form I–736 completed 

and signed, and seeks parole. The 

processing time in column (e) takes 

approximately five minutes, and takes 

about three minutes longer to process 

than in column (d). There is also a 

higher chance that the traveler is found 

to be inadmissible to the CNMI or 

denied parole as there has been no 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; 

(2) the collected information will have 

gone through a vetting process before 

the traveler boards; and (3) the CBP 

officer will have the traveler’s 

information in digital format a few 

seconds beforehand to make an 

assessment on admissibility with greater 

confidence. The right-hand column, 

labeled (f), is the most time consuming 

scenario and describes the case in 

which a traveler arrives at an FIS 

without a visa, and without CBP Form 

I–736. The processing time under 

column (f) is estimated to take up to 

nine minutes per traveler. It is the 

number of occurrences in columns (e) 

and (f) that this rule will attempt to 

eliminate. Under this IFR, the 

implementation of CNMI EVS–TAP will 

result in most travelers following a 

scenario similar to that described in 

column (d). The automation of Form I– 

736 will be included within the 

implementation of CNMI EVS–TAP. The 

next two subsections describe both the 

current and the proposed processes in 

more detail. 

TABLE 9—CURRENT PROCESS FOR PRC NATIONALS TRAVELING TO THE CNMI 

[Traveler time is in parentheses] 

Traveler with PRC 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.PRC national arrives at the FIS area and presents travel documents to the CBP officer.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).

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).

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). 

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).

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 either refers the person to secondary, or grants admission to Guam or the 

CNMI.

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

purpose and length of intended stay and 

other relevant questions (approx. 2 min). 

If traveler is admissible, then, the traveler proceeds to local CNMI Customs Service for 

processing.

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


khammond on DSKJM1Z7X2PROD with RULES
3320 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

69CBP 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. 

TABLE 9—CURRENT PROCESS FOR PRC NATIONALS TRAVELING TO THE CNMI—Continued 

[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) 

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: 2 min ................................................ Total time: 5 min .............................................. Total time: 9 min. 

Baseline Process for PRC Nationals 

When Visiting the CNMI 

PRC nationals are required to obtain 

a visa prior to travel to visit Guam or the 

CNMI, or seek parole into the CNMI 

only. Individuals who are issued a visa 

by the applicable embassy or consulate 

containing maximum validity (10-year) 

B1/B2, B1, and B2 visas, are required to 

enroll in EVUS. These travelers may use 

their valid visa and EVUS enrollment 

and follow the process outlined in the 

column (d) of Table 9. CBP estimates 

that the total processing time for EVUS 

enrollees is approximately two 

minutes—similar to that of travelers 

with an approved ESTA. 

PRC nationals who do not have a 

valid applicable visa and EVUS 

enrollment are required to complete 

CBP Form I–736 in order to be granted 

parole and allowed to enter into the 

CNMI only without having obtained a 

visa. Depending on whether the traveler 

has a completed and signed CBP Form 

I–736, the processing times can vary 

following the processes summarized in 

columns (e) and (f) of Table 9. The 

maximum length of parole into the 

CNMI for PRC nationals is currently set 

at 14 days. Under the current process, 

the paper CBP Form I–736s are 

collected, scanned, and stored by CBP. 

Process for PRC Nationals Under Phase 

I 

During Phase I, PRC nationals will 

submit Form I–736 in advance 

electronically instead of on paper and 

must receive electronic travel 

authorization prior to embarking on a 

carrier in order to seek parole into the 

CNMI until Phase II is implemented. 

The automation of Form I–736 for PRC 

nationals is included in the CNMI EVS– 

TAP discussion below. 

Process for PRC Nationals Under Phase 

II: CNMI EVS–TAP 

This rule introduces CNMI EVS–TAP, 

and once CNMI EVS–TAP is 

implemented, this rule eliminates the 

current parole process. CNMI EVS–TAP 

will require PRC nationals to obtain an 

electronic travel authorization in 

advance of travel to the CNMI for a 

period of stay up to 14 days. Since 

CNMI EVS–TAP will be a sub-program 

of the G–CNMI VWP, the automation of 

Form I–736 will already be included 

within CNMI EVS–TAP. CNMI EVS– 

TAP users, which includes PRC 

nationals, will have a tab with an 

additional set of questions used for 

screening and vetting purposes. Under 

CNMI EVS–TAP, PRC nationals arriving 

at the CNMI will follow a process 

identical to column (d) in Table 9, 

without requiring a visa and instead 

arrive with a positive determination of 

travel authorization. The CNMI EVS– 

TAP process will make more efficient 

use of time for the traveler, while also 

reducing CBP resources associated with 

the parole process, and reduce the 

number of travelers turned away after 

being denied parole into the CNMI by a 

CBP officer at the port of entry. 

With the use of CNMI EVS–TAP, PRC 

nationals will instead fill out the 

required personal and travel 

information in advance of travelling, 

and CBP will have the information 

contained in Form I–736, as well as 

responses to the additional CNMI EVS– 

TAP questions, for review, screening 

and vetting purposes prior to arriving in 

the CNMI. At the inspection interview 

with a CBP officer, the CBP officer will 

make a sounder assessment regarding 

admissibility to the CNMI with the 

information stored in the CNMI EVS– 

TAP database. Having personal and 

travel information in advance also 

improves national security. A second 

result of this rule is that PRC nationals 

who have not obtained a visa and valid 

EVUS enrollment will experience 

processing times closer to that of EVUS. 

Net Change in Traveler Time With 

CNMI EVS–TAP and Automated Form 

I–736 

CNMI EVS–TAP will result in an 

increase in processing time for travelers. 

With the implementation of CNMI EVS– 

TAP, the time associated with columns 

(e) and (f) of Table 9 are essentially 

eliminated and instead travelers will go 

through the process described in 

column (d), and will also answer the 

additional vetting questions. Using the 

travel projections from Table 3, CBP can 

estimate the total increase in traveler 

time associated with the 

implementation of CNMI EVS–TAP. 

From fiscal years 2015 to 2019, CBP 

primary officers in the CNMI 

encountered approximately 808,632 

paroled travelers with paper CBP Form 

I–736 to the CNMI. Historical data for 

PRC arrivals at the CNMI seeking parole 

from FY 2015 to FY 2019 are provided 

in Table 10. Using the data presented in 

Table 10, the number of arrivals to the 

CNMI grew at a compound annual 

growth rate of 10.86 percent between 

fiscal years 2015 and 2019. Using the 

expected number of future arrivals to 

the CNMI yields a total of 1,133,016 

paper CBP Form I–736 69 that will be 

avoided over the next five-year period 

that will no longer be received and 

processed by CBP at primary inspection 

stations as a result of this rule. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3321 

70CBP 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 

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

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

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

* (1+(0.1086))∧5 * 0.60 = 165,334. 

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 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Estimated (PRC nationals) arriving at the 

CNMI (forecast) .................................... 182,436 202,249 224,213 248,562 275,556 1,133,016 

0.60 0.60 0.60 0.60 0.60 ........................

PRC Travelers in column (e), Table 8 ..... 109,462 121,349 134,528 149,137 165,334 679,810 

Additional time burden (minutes) ............. 4 4 4 4 4 ........................

No. of hours (rounded) ............................ 7,297 8,090 8,969 9,942 11,022 45,321 

Monetized Time Cost ........................ $388,517 $430,708 $477,485 $529,337 $586,826 $2,412,873 

On the other hand, a traveler who 

arrives without an EVUS enrollment, a 

valid visa, and a completed CBP Form 

I–736, has a baseline time burden of 

nine minutes, as shown in column (f). 

Under this IFR, these travelers will now 

follow a process that resembles that in 

column (d), but with an additional twominute time burden to capture the 

added time associated with accessing 

the CNMI EVS–TAP website, and an 

additional five minutes to answer the 

new set of vetting questions. These 

travelers will now have a total 

opportunity cost of nine minutes, which 

is no net change when compared to 

their baseline. These travelers will incur 

the same time burden as under the 

baseline, but will be undergoing a 

different process. The resulting 

difference in traveler time when 

compared to the baseline for these 

individuals is presented in Table 12. 

TABLE 12—NET CHANGE IN TRAVELER TIME FROM DEVELOPING CNMI EVS–TAP, COLUMN (f) 

Time reduction FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Number of travelers ................................. 72,974 80,900 89,685 99,425 110,222 453,206 

Time reduction (minutes) ......................... 0 0 0 0 0 ........................

No. of hours reduced ............................... 0 0 0 0 0 0 

Monetized Time Benefit .................... $0 $0 $0 $0 $0 $0 


khammond on DSKJM1Z7X2PROD with RULES
3322 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

The resulting increase in CNMI EVS– 

TAP traveler times as a result of this 

rule is presented Table 13. Note that the 

increase in traveler time results from the 

increased time it takes to access the 

CNMI EVS–TAP website and the 

additional time it takes for travelers to 

answer the new set of vetting questions 

when compared to the baseline. 

TABLE 13—TOTAL NET CHANGE IN TRAVELER TIME OF PHASE II FROM DEVELOPING CNMI EVS–TAP 

Economic cost FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Monetized time cost ................................. $388,517 $430,708 $477,485 $529,337 $586,826 $2,412,873 

Monetized time benefit ............................. 0 0 0 0 0 0 

Time cost (undiscounted) ................. 388,517 430,708 477,485 529,337 586,826 2,412,873 

Similar to the automation of Form I– 

736, CBP can quantify the economic 

cost associated with increased traveler 

times from this IFR using an estimate of 

the value of time. The U.S. Department 

of Transportation (USDOT) provides 

estimates on the value of travel time. 

CBP and DHS believe this value of 

travel time savings reported in this 

memorandum is an accurate 

representation of the value of time 

savings that arriving business and 

pleasure travelers from the PRC place on 

time. Applying this value for travel 

time, CBP estimates that the 

undiscounted monetized time cost of 

CNMI EVS–TAP to travelers is 

$2,412,873 over the next five-year 

period. 

Table 14 presents the total cost of 

automating Form I–736 as well as CNMI 

EVS–TAP over the five-year period of 

analysis. The administrative costs 

include program development as well as 

operations and maintenance to be 

incurred by CBP. The table also presents 

the monetized time cost resulting from 

the change in which traveler 

information is processed under the new 

program. Note that there is a benefit 

from improved processing time, as well 

as an increase in the response times 

resulting from the added questionnaire 

components to be included in CNMI 

EVS–TAP. The net result is an increase 

in time costs from the implementation 

of both Phase I and Phase II. 

TABLE 14—TOTAL COSTS PHASE I AND PHASE II (UNDISCOUNTED) OF THE RULE (2022–2026) 

Total costs FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Phase I time cost ..................................... $0 $0 $0 $0 $0 $0 

Phase II time cost .................................... 388,517 430,708 477,485 529,337 586,826 2,412,873 

Program development .............................. 3,169,486 0 0 0 0 3,169,486 

Operations and maintenance ................... 0 646,575 659,507 672,697 686,151 2,664,930 

Total Costs ........................................ 3,558,003 1,077,283 1,136,992 1,202,034 1,272,977 8,247,289 

CBP is removing a bond provision 

that is specific to the G–CNMI VWP. 

Since 2009, CBP has not used the bond 

provision and even if this regulatory 

change did not take place CBP would 

not expect to use it in the near future. 

As such, the removal of the bond 

provision from the G–CNMI VWP is 

expected to not increase or decrease 

economic costs. CBP continues to have 

available the general bond provisions 

for nonimmigrant travelers and can 

apply this to travelers to Guam and 

CNMI as needed. Once again, although 

CBP has the authority to impose a bond 

on a nonimmigrant traveler, CBP has not 

used or imposed a bond requirement on 

any traveler to Guam and CNMI in the 

past and does not anticipate using the 

bond provisions in the near future. As 

such, CBP does not expect any increase 

or decrease in the economic costs as a 

result of the general bond provisions in 

the near future. 

Benefits of the Rule 

CBP has identified four major benefits 

as a result of this IFR. These include: (1) 

a reduction in administrative costs to 

CBP associated with the automation of 

Form I–736, (2) a reduction in the 

number of inadmissibility cases, which 

reduces costs to both the government 

and air carriers, (3) an improvement to 

national security by obtaining traveler 

information prior to arrival, and (4) a 

likely increase in travel from PRC 

nationals who would benefit from the 

joint automation of Form I–736 and 

implementation of CNMI EVS–TAP. The 

first two benefits mentioned have been 

quantified, whereas the latter two are 

discussed qualitatively. 

Administrative Cost-Savings to CBP 

Associated With the Automation of 

Form I–736 

Under this IFR, CBP will no longer 

have to receive, scan and store the paper 

CBP Form I–736. CBP has estimated that 

the cost-savings from automating Form 

I–736 is approximately $0.63 per form, 

based on historical contract costs for 

managing the paper form. Using the 

number of estimated future G–CNMI– 

VWP arrivals to Guam and the CNMI of 

5,692,558 travelers over the five-year 

period of analysis, CBP estimates that 

total cost-savings from automating Form 

I–736 for G–CNMI VWP travelers is 

approximately $3,586,314. Table 15 

provides detail on the calculated 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 FY 2023 FY 2024 FY 2025 FY 2026 Total 

G–CNMI VWP travelers (only) ................. 1,165,000 1,151,602 1,138,361 1,125,269 1,112,326 5,692,558 

Per form CBP cost ................................... $0.63 $0.63 $0.63 $0.63 $0.63 ........................


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3323 

71CBP 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. 

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

Form I–736 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

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

Similarly, under this IFR, CBP will no 

longer receive, scan and store the paper 

CBP Form I–736 from PRC nationals 

seeking parole into the CNMI. Aside 

from the additional vetting questions for 

PRC nationals under CNMI EVS–TAP, 

the Form I–736 that PRC nationals must 

complete is identical to the Form I–736 

travelers from G–CNMI VWP 

participating countries must also 

complete. CBP has estimated that the 

cost-savings from no longer having to 

scan and store paper versions of the CBP 

Form I–736 for PRC nationals seeking 

parole is also $0.63 per form. Using the 

number of estimated future arrivals to 

the CNMI of 1,113,016 of PRC nationals 

under CNMI EVS–TAP, CBP estimates 

that the total cost-savings to CBP from 

automating Form I–736 for PRC 

travelers is $713,803. Table 16 provides 

details on the calculated cost-saving 

estimate to CBP with regards to PRC 

nationals under EVS–TAP. 

TABLE 16—COST-SAVINGS TO CBP FROM AUTOMATING FORM I–736 FOR PRC TRAVELERS

Form I–736 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

PRC Travelers (only) ............................... 182,436 202,249 224,213 248,562 275,556 1,133,016 

Per form CBP cost ................................... $0.63 $0.63 $0.63 $0.63 $0.63 ........................

Total .................................................. 114,935 127,417 141,254 156,594 173,600 713,800 

As a result, CBP estimates that the 

total cost-savings to CBP from 

automating Form I–736 is $4,300,117. 

Table 17 provides detailed calculations 

for both groups of travelers for this 

estimate. 

TABLE 17—COST-SAVINGS TO CBP FROM AUTOMATING FORM I–736 

Form I–736 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

G–CNMI VWP travelers ........................... $733,950 $725,509 $717,167 $708,919 $700,765 $3,586,310 

PRC travelers ........................................... 114,935 127,417 141,254 156,594 173,600 713,800 

Total .................................................. 848,885 852,926 858,421 865,513 874,365 4,300,110 

Benefit From Reduced Inadmissibility 

Cases 

Under this IFR, CBP will be able to 

make a determination of travel 

eligibility of travelers from G–CNMI 

VWP countries and geographic areas, 

and the PRC, by assessing data in 

advance of travel, including an analysis 

of whether such travel poses a law 

enforcement or security risk. The rule 

accomplishes both goals of promoting 

border security and legitimate travel to 

the United States. By modernizing the 

G–CNMI VWP the automated Form I– 

736 is intended to both increase 

national security and provide for greater 

efficiencies in the screening of 

international travelers by allowing for 

screening of subjects of potential 

interest well before boarding, thereby 

reducing traveler delays based on 

potentially lengthy processes at the U.S. 

ports of entry. 

In addition, each year a small 

percentage of travelers to the United 

States are deemed inadmissible for a 

variety of reasons, including obvious 

health problems, overstays from 

previous visits, criminal activity, etc. 

These noncitizens may be returned to 

their country of origin at the commercial 

carrier’s expense, and the carrier may be 

fined for transporting a noncitizen not 

in possession of proper documentation. 

One of the purposes of this rule is to 

prevent ineligible entrants from arriving 

in the United States. Currently, travelers 

answer questions concerning 

admissibility and present this 

information to the CBP officer. Based on 

the answers to these questions, other 

information available, and personal 

judgement, the CBP officer makes the 

determination to admit the person to the 

United States, or refer the traveler to 

secondary inspection for further 

processing. Under this IFR, CBP and 

DHS will have travelers’ personal and 

travel information to conduct 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, 

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


khammond on DSKJM1Z7X2PROD with RULES
3324 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

72CBP 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. 

73CBP 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 

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). 

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 ........................................................................................................ 1.1625 5 5 5 5 5 25 

Brunei ............................................................................................................ 0.0000 0 0 0 0 0 0 

Hong Kong .................................................................................................... 0.2904 8 8 7 7 7 37 

Japan ............................................................................................................. 0.0127 58 57 57 56 55 283 

Malaysia ........................................................................................................ 1.0563 6 6 6 5 5 28 

Nauru ............................................................................................................. 0.0000 0 0 0 0 0 0 

New Zealand ................................................................................................. 2.1341 3 3 3 3 3 15

Papua New Guinea ....................................................................................... 0.5339 1 1 1 1 1 5 

South Korea .................................................................................................. 0.0228 157 156 154 152 150 769 

Singapore ...................................................................................................... 1.8471 3 3 3 3 3 15 

Taiwan ........................................................................................................... 0.4322 88 87 86 85 84 430 

United Kingdom ............................................................................................. 0.8349 5 5 5 5 5 25 

Total ....................................................................................................... ........................ 334 331 327 322 318 1,632 

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

Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Inadmissibility cases (forecast) ................................................................................................. 334 331 327 322 318 1,632 

Per traveler CBP cost ............................................................................................................... $136 $136 $136 $136 $136 $136 

Total Reduced Cost to CBP (undiscounted) ..................................................................... 45,424 45,016 44,472 43,792 43,248 221,952 

When travelers are deemed 

inadmissible, the carrier is required to 

transport them back to their country-oforigin. CBP estimates that this costs 

carriers $1,880 73 per individual, which 

includes the airfare and any lodging and 

meal expenses incurred while the 

individual is awaiting transportation out 

of the United States. The resulting 

savings to carriers from reduced 

inadmissibility cases as a result of this 

rule is presented in Table 20. 

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

Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Inadmissibility cases (forecast) ............................................................................................. 334 331 327 322 318 1,632 

Per traveler carrier cost ........................................................................................................ $1,880 $1,880 $1,880 $1,880 $1,880 $1,880 

Total Reduced Costs to Carriers (undiscounted) .......................................................... 627,920 622,280 614,760 605,360 597,840 3,068,160 

Based on this information, CBP 

estimates the benefits to the agency 

associated with Phase I (automation of 

Form I–736) for avoided inadmissibility 

cases will total $221,952 undiscounted 

over the five-year period of analysis. 

The benefit to carriers is expected to 

total $3,068,160. The total benefit 

associated with Phase I over the fiveyear period of analysis is estimated at 

$3,290,112 undiscounted. Table 21 

presents the savings to both CBP and 

carriers as a result of implementing 

Phase I. 

TABLE 21—TOTAL BENEFITS OF PHASE I FROM REDUCED INADMISSIBILITY CASES

Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Savings to CBP ..................................................................................................................... $45,424 $45,016 $44,472 $43,792 $43,248 $221,952 

Savings to carriers ................................................................................................................ 627,920 622,280 614,760 605,360 597,840 3,068,160 


khammond on DSKJM1Z7X2PROD with RULES

I I I I I I 

I I I I I 
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3325 

TABLE 21—TOTAL BENEFITS OF PHASE I FROM REDUCED INADMISSIBILITY CASES—Continued 

Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

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

Similarly, CBP then uses the same 

rate and applies the rate to future 

forecasted arrivals from the PRC to 

obtain an estimate of future 

inadmissibility cases under Phase II. 

Once again, CBP estimates that it costs 

$136 per individual for questioning and 

processing. CBP uses the 0.3108-percent 

rate and applies this rate to the 

anticipated forecasted number of 

arrivals for fiscal years 2022 to 2026 to 

obtain an estimate of future 

inadmissibility cases that will be 

avoided as a result of this rule. The 

results are presented in Table 22 and the 

savings to CBP associated from a 

reduction in inadmissibility cases is 

presented in Table 23. 

TABLE 22—PRC ONLY—INADMISSIBLE RATE AND FORECAST

Country or geographic area Inadmissible 

rate (pct.) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

China ............................................................................................................. 0.3108 568 629 697 773 857 3,524 

Total ....................................................................................................... ........................ 568 629 697 773 857 3,524 

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

Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Inadmissibility cases (forecast) ............................................................................................. 568 629 697 773 857 3,524 

Per traveler CBP cost ........................................................................................................... $136 $136 $136 $136 $136 $136 

Total Reduced Cost to CBP (undiscounted) ................................................................. 77,248 85,544 94,792 105,128 116,552 479,264 

Once again, CBP estimates that 

returning ineligible travelers to their 

country-of-origin costs carriers $1,880 

per individual, which includes the 

airfare and any lodging and meal 

expenses incurred while the individual 

is awaiting transportation out of the 

United States. The resulting savings to 

carriers from reduced inadmissibility 

cases as a result of this rule are 

presented in Table 24. 

TABLE 24—SAVINGS TO CARRIERS FROM REDUCED INADMISSIBILITY CASES, PHASE II 

Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Inadmissibility cases (forecast) ......................................................................... 568 629 697 773 857 3,524 

Per traveler carrier cost .................................................................................... $1,880 $1,880 $1,880 $1,880 $1,880 $1,880 

Total Reduced Cost to Carriers (undiscounted) ........................................ 1,067,840 1,182,520 1,310,360 1,453,240 1,611,160 6,625,120 

CBP estimates the benefits to the 

agency associated with Phase II (CNMI 

EVS–TAP) for avoided inadmissibility 

cases will total $479,264 undiscounted 

over the five-year period of analysis. 

The benefit to carriers is expected to 

total $6,625,120. The total benefit 

associated with Phase II over the fiveyear period of analysis is expected to 

total $7,104,384 undiscounted. The total 

benefit to both CBP and carriers over the 

five-year period of analysis is presented 

in Table 25. 

TABLE 25—TOTAL BENEFITS OF PHASE II FROM REDUCED INADMISSIBILITY CASES

Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Savings to CBP ................................................................................................. $77,248 $85,544 $94,792 $105,128 $116,552 $479,264 

Savings to carriers ............................................................................................ 1,067,840 1,182,520 1,310,360 1,453,240 1,611,160 6,625,120 

Phase II Total (undiscounted) .................................................................... 1,145,088 1,268,064 1,405,152 1,558,368 1,727,712 7,104,384 

Table 26 presents the combined total 

benefits of Phase I and Phase II from 

reduced inadmissibility cases over the 

five-year period of analysis. The total 

estimated benefit of Phase I and Phase 

II is expected to total $10,394,496 

undiscounted over the next five-year 

period. 

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

Total benefits FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total 

Phase I: 

Savings to CBP .......................................................................................... $45,424 $45,016 $44,472 $43,792 $43,248 $221,952 

Savings to carriers ..................................................................................... 627,920 622,280 614,760 605,360 597,840 3,068,160 


khammond on DSKJM1Z7X2PROD with RULES

I I I I I I I 

I I I I I 

I I I I I 

I I I I I 
3326 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

74Form DS–160 time burden includes the time 

estimated to complete Form DS–160: Online 

Nonimmigrant Visa Application for the B–1, B2, or 

B–1/B2.—See, e.g., U.S. Department of State, 60- 

Day Notice of Proposed Information Collection: 

Application for Nonimmigrant Visa, 83 FR 13807 

(Mar. 30, 2018). 

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 .......................................................................................... 77,248 85,544 94,792 105,128 116,552 479,264 

Savings to carriers ..................................................................................... 1,067,840 1,182,520 1,310,360 1,453,240 1,611,160 6,625,120 

Phase II Total ..................................................................................... 1,145,088 1,268,064 1,405,152 1,558,368 1,727,712 7,104,384 

Total Benefits ............................................................................... 1,818,432 1,935,360 2,064,384 2,207,520 2,368,800 10,394,496 

Other Non-Monetized Benefits 

Another important benefit of this rule 

that is discussed but not quantified, is 

the improvement to national security. 

Since all participants using the 

automated Form I–736 or CNMI EVS– 

TAP as a result of this IFR will be 

screened prior to boarding a carrier, 

information about their background that 

could be a threat to national security 

will be obtained by CBP and DHS before 

they board a plane. 

Additionally, because parole is 

granted on a case-by-case basis, and 

therefore, not all PRC nationals have to 

be granted parole, CBP anticipates that 

CNMI EVS–TAP will have a spillover 

effect to Chinese travelers from two 

groups: (1) those who, under the 

baseline, could seek to be paroled into 

the CNMI and did not have to (but 

could) obtain a visa to travel to the 

CNMI and (2) those who either could 

not or chose not to seek to be paroled 

into the CNMI and had to obtain a visa, 

but that will be able to travel without 

first obtaining a visa to the CNMI 

because of this IFR. Both of these groups 

will now be able to travel to the CNMI 

without paying the visa fee of $160 and 

spending the time it takes to obtain a 

visa (90 minutes).74 CBP does not know 

how many individuals will increase 

their travel as a result of this rule, but 

CBP believes that this number will be 

relatively small and hence is discussed 

qualitatively in this analysis. 

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] 

Costs Undiscounted 

3% Discount rate 7% Discounted rate 

Present value Annualized Present value Annualized 

Time burden, program development, operations and maintenance ............................................................................. $8,247,289 $7,676,396 $1,676,176 $7,018,942 $1,711,855 

The present value benefits are 

$11,956,620 (PV, 7-percent), which 

result from a reduction in costs to CBP 

resulting from the automation of Form 

I–736, and a reduction in costs 

associated with individuals found to be 

inadmissible at Guam-CNMI POEs. The 

sums of the total benefits resulting from 

this rule are presented in Table 28. 

TABLE 28—TOTAL BENEFITS OF THE RULE (2022–2026) 

[2021 USD] 

Benefits Undiscounted 

3% Discount rate 7% Discounted rate 

Present value Annualized Present value Annualized 

Phase I: 

Automation of Form I–746 ............................................ $6,876,422 $6,302,883 $1,376,263 $5,633,886 $1,377,519 

Phase II: 

CNMI EVS–TAP ........................................................... 7,818,184 7,117,691 1,554,180 6,322,734 1,542,055 

Total ....................................................................... 14,694,606 13,420,574 2,930,443 11,956,620 2,919,574 

The net present value is calculated as 

the difference between present value 

costs and present value benefits. The net 

present value for this rule is calculated 

at $4,937,678 (PV 7-percent), and 

accordingly the present value benefits 

justify the present value costs (see Table 

29). 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3327 

TABLE 29—NET PRESENT BENEFITS OF THE RULE (2022–2026) 

[2021 USD] 

Net benefits Undiscounted 

3% Discount rate 7% Discounted rate 

Present value Annualized Present value Annualized 

Automation of Form I–736 and CNMI EVS–TAP ................ $6,447,317 $5,744,178 $1,254,266 $4,937,678 $1,207,719 

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 

CBP will ensure that all Privacy Act 

requirements and policies are adhered 

to in the implementation of this rule, 

and will issue or update any necessary 

Privacy Impact Assessment and/or 

Privacy Act System of Records notice to 

fully outline processes that will ensure 

compliance with Privacy Act 

protections. 

F. Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

an agency may not conduct, and a 

person is not required to respond to, a 

collection of information unless the 

collection of information displays a 

valid control number assigned by OMB. 

The collections of information for this 

rulemaking are included in an existing 

collection for CBP Forms I–736 (OMB 

control number 1651–0109). 

This rule automates the collection of 

Form I–736 and requires that travelers 

under the G–CNMI VWP submit this 

information in advance of arrival. The 

rule also creates a new system, CNMI 

EVS–TAP, wherein travelers from the 

PRC to the CNMI can submit advance 

information to CBP so they may be 

vetted for a 14-day visa free 

admissibility period. These travelers 

will also need to complete an additional 

set of vetting questions. OMB Control 

number 1651–0109 will be revised to 

reflect the increase in burden hours as 

follows: 

Form I–736 

Estimated Number of Respondents: 

1,370,000. 

Estimated Number of Responses per 

Respondent: 1. 

Estimated Number of Total Annual 

Responses: 1,370,000. 

Estimated Time per Response: 21 

minutes (0.35 hours). 

Estimated Total Annual Burden 

Hours: 479,500. 

CNMI EVS–TAP 

Estimated Number of Annual 

Respondents: 230,000. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Total Annual Responses: 

230,000. 

Estimated Time per Response: 26 

minutes (0.433 hours). 

Estimated Total Annual Burden 

Hours: 99,667. 

List of Subjects 

8 CFR Part 212 

Administrative practice and 

procedure, Aliens, Immigration, 

Passports and visas, Reporting and 

recordkeeping requirements. 

8 CFR Part 214 

Administrative practice and 

procedure, Aliens, Cultural exchange 

program, Employment, Foreign officials, 

Health professions, Reporting and 

recordkeeping requirements, Students. 

8 CFR Part 233 

Air carriers, Aliens, Government 

contracts, Maritime carriers. 

Amendments to the Regulations 

For the reasons set forth above, DHS 

amends parts 212, 214, and 233 of title 

8 of the Code of Federal Regulations (8 

CFR parts 212, 214, and 233) as follows: 

PART 212—DOCUMENTARY 

REQUIREMENTS: NONIMMIGRANTS; 

WAIVERS; ADMISSION OF CERTAIN 

INADMISSIBLE ALIENS; PAROLE 

■ 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’’; 


khammond on DSKJM1Z7X2PROD with RULES
3328 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

■ 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. 

* * * * * 

(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. 

(ii) Time. Each alien falling within the 

provisions of paragraph (q)(9)(i) of this 

section must receive a travel 

authorization prior to embarking on a 

carrier for travel to Guam or the CNMI. 

(iii) Required elements. CBP will 

collect such information as the 

Secretary deems necessary to issue a 

travel authorization, as reflected by the 

electronic Guam-CNMI Visa Waiver 

Information Form (Form I–736). 

(iv) Duration—(A) General rule. A 

travel authorization issued under the 

Guam-CNMI Visa Waiver Program will 

be valid for a period of two years from 

the date of issuance, unless the passport 

of the authorized alien will expire in 

less than two years, in which case the 

authorization will be valid until the date 

of expiration of the passport. 

(B) Exception. For travelers from 

countries or geographic areas which 

have not entered into agreements with 

the United States whereby their 

passports are recognized as valid for the 

return of the bearer to the country or 

geographic area of the foreign-issuing 

authority for a period of six months 

beyond the expiration date specified in 

the passport, a travel authorization 

issued under the Guam-CNMI Visa 

Waiver Program is not valid beyond the 

six months prior to the expiration date 

of the passport. Travelers from these 

countries or geographic areas whose 

passports will expire in six months or 

less will not receive a travel 

authorization. 

(C) Changes to the validity period. 

The Secretary, in consultation with the 

Secretary of State, may increase or 

decrease the Guam-CNMI Visa Waiver 

Program travel authorization validity 

period otherwise authorized by 

subparagraph (A) for a designated 

Guam-CNMI Visa Waiver Program 

country or geographic area. Notice of 

any change to the Guam-CNMI Visa 

Waiver Program travel authorization 

validity periods will be published in the 

Federal Register. The Guam-CNMI Visa 

Waiver Program website will be updated 

to reflect the specific Guam-CNMI Visa 

Waiver Program travel authorization 

validity period for each Guam-CNMI 

Visa Waiver Program country or 

geographic area. 

(v) New travel authorization required. 

A new travel authorization is required if 

any of the following occurs: 

(A) The alien is issued a new 

passport; 

(B) The alien’s name changes; 

(C) The alien’s gender changes; 

(D) The alien’s country of citizenship 

changes; or 

(E) The circumstances underlying the 

alien’s previous responses to any of the 

Guam-CNMI Visa Waiver Information 

Form (Form I–736) questions requiring 

a ‘‘yes’’ or ‘‘no’’ response (eligibility 

questions) have changed. 

(vi) Limitations—(A) Current 

authorization period. A travel 

authorization under the Guam-CNMI 

Visa Waiver Program is a positive 

determination that an alien is eligible, 

and grants the alien permission, to 

travel to Guam or the CNMI under the 

Guam-CNMI Visa Waiver Program and 

to apply for admission under the 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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3329 

requirements the Secretary may impose. 

The CNMI Economic Vitality & Security 

Travel Authorization Program (EVS– 

TAP) is a restricted travel authorization 

sub-program of the Guam-CNMI Visa 

Waiver Program that allows a 

nonimmigrant alien who is a national of 

the People’s Republic of China (PRC) to 

be admitted to the CNMI only without 

a visa in specified circumstances. A visa 

is still required for a nonimmigrant 

alien who is a national of the PRC 

seeking to be admitted to Guam. 

(2) Eligibility. To be admissible under 

the CNMI EVS–TAP, prior to embarking 

on a carrier for travel to the CNMI, the 

nonimmigrant alien must: 

(i) Be a national of the PRC; 

(ii) Be classifiable as a visitor for 

business or pleasure; 

(iii) Be solely entering and staying on 

the CNMI for a period not to exceed 14 

days; 

(iv) Be in possession of a round trip 

ticket that is nonrefundable and 

nontransferable and bears a confirmed 

departure date not exceeding 14 days 

from the date of admission to the CNMI. 

‘‘Round trip ticket’’ includes any return 

trip transportation ticket issued by a 

participating carrier, electronic ticket 

record, airline employee passes 

indicating return passage, individual 

vouchers for return passage, group 

vouchers for return passage for charter 

flights, or military travel orders which 

include military dependents for return 

to duty stations outside the United 

States on U.S. military flights; 

(v) Receive an electronic travel 

authorization from CBP pursuant to 

paragraph (r)(9) of this section; 

(vi) Be in possession of a completed 

and signed I–94 (see § 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 

the CNMI EVS–TAP for good cause 

including, but not limited to the 

following circumstances: (A) The 

admissions of visitors from the PRC 

have resulted in an unacceptable 

number of visitors from the PRC 

remaining unlawfully in the CNMI, 

unlawfully obtaining entry to other 

parts of the United States, or seeking 

withholding of removal or asylum; or 

(B) Visitors from the PRC pose a risk to 

law enforcement or security interests, 

including the enforcement of 

immigration laws of the CNMI or the 

United States. 

(ii) The Secretary, in consultation 

with the Secretary of the Interior and 

the Secretary of State, may also 

discontinue the CNMI EVS–TAP based 

on the evaluation of all factors the 

Secretary deems relevant including, but 

not limited to, electronic travel 

authorization, procedures for reporting 

lost and stolen passports, repatriation of 

aliens, rates of refusal for nonimmigrant 

visitor visas, overstays, exit systems, 

and information exchange. 

(4) Ineligibility due to admission 

under the CNMI EVS–TAP. Admission 

under this section renders an alien 

ineligible for: 

(i) Adjustment of status to that of a 

temporary resident or, except as 

provided by section 245(i) of the Act or 

as an immediate relative as defined in 

section 201(b) of the Act, to that of a 

lawful permanent resident. 

(ii) Change of nonimmigrant status; or 

(iii) Extension of stay. 

(5) Requirements for transportation 

lines. A transportation line bringing any 

alien to the CNMI pursuant to this 

section must: 

(i) Enter into a contract on CBP Form 

I–760, made by the Commissioner of 

U.S. Customs and Border Protection on 

behalf of the government; 

(ii) Transport an alien only if the alien 

is a national of the PRC and is in 

possession of a valid unexpired ICAO 

compliant, machine readable passport 

issued by the PRC; 

(iii) Transport an alien only if the 

alien is in possession of a round trip 

ticket as defined in paragraph (r)(2)(iv) 

of this section bearing a confirmed 

departure date not exceeding 14 days 

from the date of admission to the CNMI 

which the carrier will unconditionally 

honor when presented for return 

passage. This ticket must be: 

(A) Valid for a period of not less than 

one year, 

(B) Nonrefundable except in the 

country in which issued or in the 

country of the alien’s nationality or 

residence, and 

(C) Issued by a carrier which has 

entered into an agreement described in 

paragraph (r)(5) of this section. 

(iv) Transport an alien only if the 

alien has received electronic travel 

authorization from CBP pursuant to 

paragraph (r)(9) of this section. 

(6) [Reserved.] 

(7) Maintenance of status— 

satisfactory departure. If an emergency 

prevents an alien admitted under the 

CNMI EVS–TAP, as set forth in this 

paragraph (r), from departing from the 

CNMI within the alien’s period of 

authorized stay, an immigration officer 

having jurisdiction over the place of the 

alien’s temporary stay may, in the 

officer’s discretion, grant a period of 

satisfactory departure not to exceed 15 

days. If departure is accomplished 

during that period, the alien is to be 

regarded as having satisfactorily 

accomplished the visit without 

overstaying the allotted time. 

(8) Inadmissibility and 

Deportability—(i) Determinations of 

inadmissibility. (A) An alien who 

applies for admission under the 

provisions of the CNMI EVS–TAP, who 

is determined by an immigration officer 

to be inadmissible to the CNMI under 

one or more of the grounds of 

inadmissibility listed in section 212 of 

the Act (other than for lack of a visa), 

or who is in possession of and presents 

fraudulent or counterfeit travel 

documents, will be refused admission 

into the CNMI and removed. Such 

refusal and removal shall be effected 

without referral of the alien to an 

immigration judge for further inquiry, 

examination, or hearing. The provisions 

of 8 CFR subpart 208 subpart A shall not 

apply to an alien present or arriving in 

the CNMI seeking to apply for asylum 

prior to January 1, 2030. No application 

for asylum may be filed pursuant to 

section 208 of the Act by an alien 

present or arriving in the CNMI prior to 

January 1, 2030; however, aliens 

physically present in the CNMI during 

the transition period who express a fear 

of persecution or torture only may 

establish eligibility for withholding of 

removal pursuant to INA 241(b)(3) or 

pursuant to the regulations 

implementing Article 3 of the United 

Nations Convention Against Torture and 

Other Cruel, Inhuman or Degrading 

Treatment or Punishment. 

(B) The removal of an alien under this 

section may be deferred if the alien is 

paroled into the custody of a Federal, 

State, or local law enforcement agency 

for criminal prosecution or punishment. 

This section in no way diminishes the 

discretionary authority of the Secretary 

enumerated in section 212(d) of the Act. 


khammond on DSKJM1Z7X2PROD with RULES
3330 Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 

(C) Refusal of admission under this 

paragraph shall not constitute removal 

for purposes of the Act. 

(ii) Determination of deportability. (A) 

An alien who has been admitted to the 

CNMI under the provisions of this 

section who is determined by an 

immigration officer to be deportable 

from the CNMI under one or more of the 

grounds of deportability listed in 

section 237 of the Act, shall be removed 

from the CNMI to the alien’s country of 

nationality or last residence. Such 

removal will be determined by DHS 

authority that has jurisdiction over the 

place where the alien is found, and will 

be effected without referral of the alien 

to an immigration judge for a 

determination of deportability. The 

provisions of 8 CFR part 208 subpart A 

shall not apply to an alien present or 

arriving in the CNMI seeking to apply 

for asylum prior to January 1, 2030. No 

application for asylum may be filed 

pursuant to section 208 of the INA by 

an alien present or arriving in the CNMI 

prior to January 1, 2030; however, aliens 

physically present or arriving in the 

CNMI prior to January 1, 2030, may 

apply for withholding of removal under 

section 241(b)(3) of the Act and 

withholding and deferral of removal 

under the regulations implementing 

Article 3 of the United Nations 

Convention Against Torture, Inhuman 

or Degrading Treatment or Punishment. 

(B) Removal by DHS under paragraph 

(r)(8)(ii)(A) of this section is equivalent 

in all respects and has the same 

consequences as removal after 

proceedings conducted under section 

240 of the Act. 

(iii) Removal of inadmissible aliens 

who arrived by air or sea. Removal of an 

alien from the CNMI under this section 

may be effected using the return portion 

of the round trip passage presented by 

the alien at the time of entry to the 

CNMI. Such removal shall be on the 

first available means of transportation to 

the alien’s point of embarkation to the 

CNMI. Nothing in this part absolves the 

carrier of the responsibility to remove 

any inadmissible or deportable alien at 

carrier expense, as provided in the 

carrier agreement. 

(9) Electronic Travel Authorization— 

(i) Travel authorization required. Each 

nonimmigrant alien intending to travel 

to the CNMI under the CNMI EVS–TAP 

as described in paragraph (r)(1) of this 

section must, within the time specified 

in paragraph (r)(9)(ii) of this section, 

receive a travel authorization from CBP, 

which is a positive determination of 

eligibility to travel to the United States 

under the CNMI EVS–TAP. In order to 

receive a travel authorization, each 

nonimmigrant alien intending to travel 

to the CNMI under the CNMI EVS–TAP 

must provide the information set forth 

in paragraph (r)(9)(iii) of this section 

electronically to CBP, in English, in the 

manner specified herein. 

(ii) Time. Each alien falling within the 

provisions of paragraph (r)(9)(i) of this 

section must receive a travel 

authorization prior to embarking on a 

carrier for travel to the CNMI. 

(iii) Required elements. CBP will 

collect such information as the 

Secretary deems necessary to issue a 

travel authorization, as reflected by the 

electronic CNMI EVS–TAP application 

questions. 

(iv) Duration—(A) General rule. A 

travel authorization issued under the 

CNMI EVS–TAP will be valid for a 

period of one year from the date of 

issuance. 

(B) Exceptions. If the passport of the 

authorized alien will expire in less than 

one year but greater than six months, 

the authorization will be valid until six 

months prior to the expiration date of 

the passport. Travelers whose passports 

will expire in six months or less will not 

receive a travel authorization. 

(C) Changes to the validity period. 

The Secretary, in consultation with the 

Secretary of State, may increase or 

decrease the CNMI EVS–TAP travel 

authorization validity period otherwise 

authorized by paragraph (r)(9)(iv)(A) of 

this section. Notice of any change to the 

CNMI EVS–TAP travel authorization 

validity period will be published in the 

Federal Register. The CNMI EVS–TAP 

website will be updated to reflect the 

travel authorization validity period. 

(v) New travel authorization required. 

A new travel authorization is required if 

any of the following occurs: 

(A) The alien is issued a new 

passport; 

(B) The alien’s name changes; 

(C) The alien’s gender changes; 

(D) The alien’s country of citizenship 

changes; or 

(E) The circumstances underlying the 

alien’s previous responses to any of the 

CNMI EVS–TAP questions requiring a 

‘‘yes’’ or ‘‘no’’ response (eligibility 

questions) have changed. 

(vi) Limitations—(A) Current 

authorization period. A travel 

authorization under the CNMI EVS– 

TAP is a positive determination that an 

alien is eligible, and grants the alien 

permission, to travel to the CNMI under 

the CNMI EVS–TAP and to apply for 

admission under the CNMI EVS–TAP 

during the period of time the travel 

authorization is valid. A travel 

authorization under the CNMI EVS– 

TAP is not a determination that the 

alien is admissible to the CNMI. A 

determination of admissibility is made 

only after an applicant for admission is 

inspected by a CBP officer at a U.S. port 

of entry in the CNMI. 

(B) Not a determination of visa 

eligibility. A determination under the 

CNMI EVS–TAP that an alien is not 

eligible to travel to the CNMI under the 

CNMI EVS–TAP is not a determination 

that the alien is ineligible for a visa to 

travel to the CNMI and does not 

preclude the alien from applying for a 

visa before a United States consular 

officer. 

(C) Revocation. A determination 

under the CNMI EVS–TAP that an alien 

is eligible to travel to the CNMI to apply 

for admission under the CNMI EVS– 

TAP may be revoked at the discretion of 

the Secretary. 

(10) Severability. The provisions of 

paragraphs (q) and (r) of this section are 

separate and severable from one 

another. If any provision is stayed or 

determined to be invalid, the remaining 

provisions shall continue in effect. 

(11) Implementation date. The 

requirements of this paragraph will take 

effect 45 days after the publication by 

the Secretary of notification in the 

Federal Register announcing the 

implementation of CNMI EVS–TAP. 

PART 214—NONIMMIGRANT CLASSES 

■ 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: 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations 3331 

1See Safety and Soundness Act, 12 U.S.C. 4513 

and 4631–4641. 

2 Id. 

3See 12 CFR part 1209. 

4See 12 CFR part 1250. 

5See generally, 31 U.S.C. 3801 et seq. 

6See 28 U.S.C. 2461 note. 

7FHFA promulgated its catch-up adjustment of 

its CMPs with an interim final rule published July 

1, 2016. 81 FR 43028. 

8FHFA promulgated its most recent annual 

adjustment of its CMP with a final rule published 

December 29, 2022. 87 FR 80023. 

9See, e.g., 12 CFR 1209.7(c); FHFA Enforcement 

Policy, AB 2013–03 (May 31, 2013). 

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 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Final rule. 

SUMMARY: 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, 

Frank.Wright@fhfa.gov (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: 

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 

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 


khammond on DSKJM1Z7X2PROD with RULES