Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 10223 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[1651–0111] 

Arrival and Departure Record, 

Nonimmigrant Visa Waiver Arrival/ 

Departure, Electronic System for 

Travel Authorization (ESTA) 

AGENCY: U.S. Customs and Border 

Protection (CBP), Department of 

Homeland Security. 

ACTION: 30-Day notice and request for 

comments; revision of an existing 

collection of information. 

SUMMARY: The Department of Homeland 

Security, U.S. Customs and Border 

Protection will be submitting the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and approval in 

accordance with the Paperwork 

Reduction Act of 1995 (PRA). The 

information collection is published in 

the Federal Register to obtain comments 

from the public and affected agencies. 

DATES: Comments are encouraged and 

must be submitted (no later than March 

25, 2022) to be assured of consideration. 

ADDRESSES: Written comments and/or 

suggestions regarding the item(s) 

contained in this notice should be sent 

within 30 days of publication of this 

notice to www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by selecting 

‘‘Currently under 30-day Review—Open 

for Public Comments’’ or by using the 

search function. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional PRA information 

should be directed to Seth Renkema, 

Chief, Economic Impact Analysis 

Branch, U.S. Customs and Border 

Protection, Office of Trade, Regulations 

and Rulings, 90 K Street NE, 10th Floor, 

Washington, DC 20229–1177, 

Telephone number 202–325–0056 or via 

email CBP_PRA@cbp.dhs.gov. Please 

note that the contact information 

provided here is solely for questions 

regarding this notice. Individuals 

seeking information about other CBP 

programs should contact the CBP 

National Customer Service Center at 

877–227–5511, (TTY) 1–800–877–8339, 

or CBP website at https://www.cbp.gov/. 

SUPPLEMENTARY INFORMATION: CBP 

invites the general public and other 

Federal agencies to comment on the 

proposed and/or continuing information 

collections pursuant to the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). This proposed information 

collection was previously published in 

the Federal Register (86 FR 64508) on 

November 18, 2021, allowing for a 60- 

day comment period. This notice allows 

for an additional 30 days for public 

comments. This process is conducted in 

accordance with 5 CFR 1320.8. Written 

comments and suggestions from the 

public and affected agencies should 

address one or more of the following 

four points: (1) Whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; (2) the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

suggestions to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) suggestions to 

minimize the burden of the collection of 

information on those who are to 

respond, including through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology, e.g., permitting 

electronic submission of responses. The 

comments that are submitted will be 

summarized and included in the request 

for approval. All comments will become 

a matter of public record. 

Overview of This Information 

Collection 

Title: Arrival and Departure Record, 

Nonimmigrant Visa Waiver Arrival/ 

Departure, Electronic System for Travel 

Authorization (ESTA). 

OMB Number: 1651–0111. 

Form Number: CBP Forms I–94 and I– 

94W. 

Current Actions: Revision of an 

existing information collection. 

Type of Review: Revision. 

Affected Public: Individuals. 

Abstract: Forms I–94 (Arrival/ 

Departure Record) and I–94W 

(Nonimmigrant Visa Waiver Arrival/ 

Departure Record) are used to document 

a traveler’s admission into the United 

States. These forms are filled out by 

non-immigrants and are used to collect 

information on citizenship, residency, 

passport, and contact information. The 

data elements collected on these forms 

enable the Department of Homeland 

Security (DHS) to perform its mission 

related to the screening of noncitizen 

visitors for potential risks to national 

security and the determination of 

admissibility to the United States. 

The Electronic System for Travel 

Authorization (ESTA) applies to nonimmigrants seeking to travel to the 

United States under the Visa Waiver 

Program (VWP) and requires that VWP 

travelers provide information 

electronically to CBP before embarking 

on travel to the United States without a 

visa. Travelers who are entering the 

United States under the VWP in the air 

or sea environment, and who have a 

travel authorization obtained through 

ESTA, are not required to complete the 

paper Form I–94W. I–94 is provided for 

by 8 CFR 235.1(h), ESTA is provided for 

by 8 CFR 217.5. 

On December 18, 2015, the President 

signed into law the Visa Waiver 

Program Improvement and Terrorist 

Travel Prevention Act of 2015 (‘‘VWP 

Improvement Act’’) as part of the 

Consolidated Appropriations Act, 2016, 

Public Law 114–113, 129 Stat. 2242. To 

meet the requirements of this new act, 

DHS strengthened the security of the 

VWP through enhancements to the 

ESTA applications and to the Form I– 

94W, Form I–94 is not affected by this 

change. Many of the provisions of the 

new law became effective on the date of 

enactment of the VWP Improvement 

Act. The VWP Improvement Act 

generally makes certain nationals of 

VWP countries ineligible (with some 

exceptions) from traveling to the United 

States under the VWP. To ensure 

compliance with the VWP Improvement 

Act, CBP will continuously update the 

application question with the list of 

nationals ineligible to travel to the 

United States under the VWP, as 

designated in accordance with section 

217(a)(12) of the Immigration and 

Nationality Act, as amended (8 U.S.C. 

1187(a)(12)). 

Recent Changes 

1. Complete biographic page, passport 

photograph and MRZ: Currently, the 

ESTA website allows applicants to 

upload their passport page to capture 

the passport’s machine-readable zone 

(MRZ), which automatically populates 

the individual’s biographic information, 

eliminating the need to manually enter 

the information into the ESTA 

application. Applicants were able to 

voluntarily submit a photo with their 

ESTA application, CBP will now require 

applicants to upload a picture of their 

complete biographic passport page, 

including the MRZ and passport 

photograph. The addition of passport 

photos will increase CBP’s capability to 

confirm an applicant’s identity and 

compare the photo against CBP and 

other government holdings to locate any 

derogatory information. Photos 

collected as part of the ESTA 

applications may also be used to match 

travels through the biometric entry/exit 

process. CBP is amending the ESTA 

application to require the uploading of 


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10224 Federal Register / Vol. 87, No. 36 / Wednesday, February 23, 2022 / Notices 

the complete biographic page to include 

the photograph and the MRZ. 

2. Mandatory Social Media Collection: 

On May 31, 2019, the Department of 

State updated its immigrant and 

nonimmigrant visa application forms to 

request additional information, 

including social media identifiers, from 

most U.S. visa applicants worldwide. In 

keeping with this change, CBP is 

amending the ESTA application to 

change social media collection from 

optional to mandatory. National security 

is CBP’s top priority when adjudicating 

ESTA applications, and every 

prospective traveler to the United States 

undergoes extensive security screening. 

CBP is continually working to find 

mechanisms to improve our screening 

processes to protect U.S. citizens, while 

supporting legitimate travel to the 

United States. CBP already requests 

certain contact information, travel 

history and family member information 

from all ESTA applicants. Making social 

media a mandatory field in the ESTA 

application will enhance our vetting 

processes and assist in confirming 

applicants’ identities. While the 

completion of the field is mandatory, 

applicants can still select ‘‘none’’. 

3. Biometric Information Collection: 

CBP will begin collecting biometric data 

for identity confirmation on ESTA 

applications. ESTA applicants will be 

prompted to take a selfie or ‘‘live’’ photo 

to conduct a ‘‘liveness’’ test to 

determine if the ESTA application is 

interfacing with a physically present 

human being and not an inanimate 

object, or if it is a photo of someone 

other than the lawful passport holder. 

Respondents will be able to scan their 

passport biographic page, in order to 

submit biographic information, 

including passport photograph. 

4. ESTA Mobile Application (App): 

CBP will implement the ESTA Mobile 

Application to provide an additional 

and more convenient option for 

intending VWP travelers to obtain an 

ESTA. The Mobile App will collect 

biometric data for confirmation of 

identity. This is another enhancement 

that will assist in preventing persons 

intending to travel to the United States 

under the VWP by fraud. 

This new function will be accessible 

via mobile devices, i.e., mobile phones, 

tablets. The portability of mobile 

devices will facilitate applying for an 

ESTA application, because an ESTA 

applicant will not be limited to applying 

on a desktop computer. The first phase 

will enable Android devices to use the 

ESTA App, and the second phase will 

follow with iOS. No implementation 

date has been set for iOS 

implementation. 

The Mobile App will be very similar 

to the already established ESTA 

application website at https://

esta.cbp.dhs.gov, but with Near Field 

Communication (NFC). 

The NFC: 

• Allows users to scan the passport 

e-Chip (embedded in the passport) to 

extract passenger data. 

• A Mobile Device with NFC 

capability is required to scan the 

Passport e-Chip when applying for a 

new application using the ESTA Mobile 

App. 

• Data on the e-Chip enables the NFC 

Scan. 

• If the mobile device does not have 

NFC capability, the user can submit an 

ESTA application via the established 

website. 

After determining if the mobile device 

has NFC capability: 

1. The applicant takes a selfie or 

‘‘live’’ photo (another person may also 

take a photo of the applicant). 

2. The Mobile App will do a 

‘‘liveness’’ test to determine that it is 

interfacing with a physically present 

human being and not an inanimate 

object, or if it is a photo of someone 

other than the lawful passport holder. 

3. If the passport photo does not 

match the ‘‘liveness’’ photo, a ‘‘Third 

Party Acknowledgement’’ screen will 

display, which requires confirmation. 

4. The applicant proceeds by 

completing the data fields the same as 

with the established ESTA application. 

5. When the applicant completes the 

application, he/she can review his/her 

responses. 

The payment process will be the same 

as the established ESTA application, 

and the cost of each ESTA application 

will continue to be 14 USD, except in 

the case of a denial, the fee is 4 USD. 

Type of Information Collection: I–94 

Estimated Number of Respondents: 

4,387,550. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 4,387,550. 

Estimated Time per Response: 8 

minutes. 

Estimated Total Annual Burden 

Hours: 585,007. 

Type of Information Collection: I–94 

Website 

Estimated Number of Respondents: 

3,858,782. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 3,858,782. 

Estimated Time per Response: 4 

minutes. 

Estimated Total Annual Burden 

Hours: 257,252. 

Type of Information Collection: I–94W 

Estimated Number of Respondents: 

941,291. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 941,291. 

Estimated Time per Response: 16 

minutes. 

Estimated Total Annual Burden 

Hours: 251,011. 

Type of Information Collection: ESTA 

Website Application 

Estimated Number of Respondents: 

15,000,000. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 15,000,000. 

Estimated Time per Response: 23 

minutes. 

Estimated Total Annual Burden 

Hours: 5,750,000. 

Type of Information Collection: ESTA 

Mobile Application (App) 

Estimated Number of Respondents: 

500,000. 

Estimated Number of Annual 

Responses per Respondent: 1. 

Estimated Number of Total Annual 

Responses: 500,000. 

Estimated Time per Response: 28 

minutes. 

Estimated Total Annual Burden 

Hours: 233,333. 

Dated: February 17, 2022. 

Seth D. Renkema, 

Branch Chief, Economic Impact Analysis 

Branch, U.S. Customs and Border Protection. 

[FR Doc. 2022–03814 Filed 2–22–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

[1651–NEW] 

Stakeholder Scheduling Application 

AGENCY: U.S. Customs and Border 

Protection (CBP), Department of 

Homeland Security. 

ACTION: 30-day notice and request for 

comments; this is a new collection of 

information. 

SUMMARY: The Department of Homeland 

Security, U.S. Customs and Border 

Protection will be submitting the 

following information collection request 

to the Office of Management and Budget 

(OMB) for review and approval in 


khammond on DSKJM1Z7X2PROD with NOTICES