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

18967 

Vol. 87, No. 63 

Friday, April 1, 2022 

DEPARTMENT OF AGRICULTURE 

Rural Business-Cooperative Service 

7 CFR Part 4274 

[Docket No. RBS–20–BUSINESS–0032] 

RIN 0570–AA99 

Intermediary Relending Program; 

Correction 

AGENCY: Rural Business-Cooperative 

Service, Department of Agriculture 

(USDA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On December 21, 2021, Rural 

Development’s Rural BusinessCooperative Service (hereinafter referred 

to as ‘‘the Agency’’) published a 

document that completed a revision to 

the Intermediary Relending Program 

(IRP) regulations to streamline process, 

provide clarity on the daily 

administration of the program, and 

incorporate program updates. Following 

the final implementation of the final 

rule, the Agency found that a correction 

due to an error, is necessary. This 

document corrects the final rule. 

DATES: Effective April 1, 2022. 

FOR FURTHER INFORMATION CONTACT: For 

information specific to this notice 

contact Michele Brooks, Director, 

Regulations Management, Rural 

Development Innovation Center— 

Regulations Management, USDA, 1400 

Independence Avenue SW, STOP 1522, 

Room 4266, South Building, 

Washington, DC 20250–1522. 

Telephone: (202) 690–1078. Email 

michele.brooks@usda.gov. 

SUPPLEMENTARY INFORMATION: The Rural 

Business-Cooperative Service is issuing 

a correction to the final rule that 

published December 21, 2021, at 86 FR 

72151. In that rule, an inadvertent error 

provided an incorrect section reference 

in § 4274.333(b)(4)(iii). This correcting 

amendment provides the proper 

information. 

List of Subjects in 7 CFR Part 4274 

Community development, Loan 

programs-business, Reporting and 

recordkeeping requirements, Rural 

areas. 

For the reasons stated in the 

preamble, the Rural BusinessCooperative Service corrects 7 CFR part 

4274 with the following correcting 

amendment: 

PART 4274—DIRECT AND INSURED 

LOANMAKING 

■ 1. The authority citation for part 4274 

continues to read as follows: 

Authority: 5 U.S.C. 301; 7 U.S.C. 1932 

note; 7 U.S.C. 1989. 

■ 2. Amend § 4274.333 by revising 

(b)(4)(iii) to read as follows: 

§ 4274.333 Loan agreements between the 

Agency and the intermediary. 

* * * * * 

(b) * * * 

(4) * * * 

(iii) Annual proposed budget for the 

following year that meets the 

requirements of § 4274.332(b)(2); and 

* * * * * 

Karama Neal, 

Administrator, Rural Business-Cooperative 

Service, U.S. Department of Agriculture. 

[FR Doc. 2022–06830 Filed 3–31–22; 8:45 am] 

BILLING CODE 3410–XY–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Parts 103, 212, 217, and 286 

[Docket No. USCBP–2021–0014; CBP Dec. 

22–07] 

RIN 1651–AB14 

Implementation of the Electronic 

System for Travel Authorization 

(ESTA) at U.S. Land Borders 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security (DHS). 

ACTION: Interim final rule; solicitation of 

comments. 

SUMMARY: This rule amends Department 

of Homeland Security (DHS) regulations 

to implement the Electronic System for 

Travel Authorization (ESTA) 

requirements under section 711 of the 

Implementing Recommendations of the 

9/11 Commission Act of 2007, for 

noncitizens who intend to enter the 

United States under the Visa Waiver 

Program (VWP) at land ports of entry. 

Currently, noncitizens from VWP 

countries must provide certain 

biographic information to U.S. Customs 

and Border Protection (CBP) officers at 

land ports of entry on a paper I–94W 

Nonimmigrant Visa Waiver Arrival/ 

Departure Record (Form I–94W). Under 

this rule, these VWP travelers will 

instead provide this information to CBP 

electronically through ESTA prior to 

application for admission to the United 

States. DHS has already implemented 

the ESTA requirements for noncitizens 

who intend to enter the United States 

under the VWP at air or sea ports of 

entry. 

DATES: This rule is effective May 2, 

2022. Comments must be received on or 

before May 2, 2022. 

ADDRESSES: You may submit comments, 

identified by docket number, by the 

following method: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments 

via docket number USCBP–2021–0014. 

Due to COVID–19-related restrictions, 

CBP has temporarily suspended its 

ability to receive public comments by 

mail. 

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. For 

detailed instructions on submitting 

comments and additional information 

on the rulemaking process, see the 

‘‘Public Participation’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http://

www.regulations.gov. Due to relevant 

COVID–19-related restrictions, CBP has 

temporarily suspended its on-site public 

inspection of submitted comments. 

FOR FURTHER INFORMATION CONTACT: 

Sikina S. Hasham, Director, Electronic 

System for Travel Authorization 

(ESTA), Office of Field Operations, 202– 

325–8000, sikina.hasham@cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 


lotter on DSK11XQN23PROD with RULES1
18968 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 

1On August 9, 2010, DHS published an IFR in the 

Federal Register (75 FR 47701) to establish a fee for 

ESTA. 

Table of Contents 

I. Public Participation 

II. Executive Summary 

III. Background 

A. Visa Waiver Program 

1. Current CBP Processing of VWP 

Travelers at Land Ports of Entry 

2. Current CBP Processing of VWP 

Travelers at Air and Sea Ports of Entry 

B. Expanding ESTA to Land Ports of Entry 

1. Obtaining a Travel Authorization 

2. Travel Authorization 

3. Timeline for Obtaining a Travel 

Authorization 

4. Required ESTA Data Elements 

5. Scope of Travel Authorization 

6. Duration 

7. Events Requiring New Travel 

Authorization 

8. Fee 

9. Judicial Review 

C. Discussion of Regulatory Changes 

1. 8 CFR Part 103 

2. 8 CFR Part 212 

3. 8 CFR Part 217 

4. 8 CFR Part 286 

IV. Statutory and Regulatory Requirements 

A. Administrative Procedure Act 

1. Procedural Rule Exception 

2. Foreign Affairs Function Exception 

B. Executive Orders 13563 and 12866 

1. Purpose of Rule 

2. Population Affected by Rule 

3. Costs of Rule 

4. Benefits of Rule 

5. Net Impact of Rule 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act of 1995 

E. Executive Order 13132 

F. Executive Order 12988 Civil Justice 

Reform 

G. Paperwork Reduction Act 

H. Privacy Interests 

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. U.S. Customs and Border 

Protection (CBP) also invites comments 

on the economic, environmental, or 

federalism effects that might result from 

this regulatory change. Comments that 

will provide the most assistance to CBP 

will reference a specific portion of the 

rule, explain the reason for any 

recommended change, and include data, 

information, or authority that support 

such recommended change. Written 

comments must be submitted on or 

before May 2, 2022. CBP will consider 

those comments and make any changes 

appropriate after consideration of those 

comments. 

II. Executive Summary 

The Visa Waiver Program (VWP) 

permits eligible citizens and nationals 

from 40 participating countries to apply 

for admission to the United States at 

ports of entry for periods of 90 days or 

less for business or pleasure without 

first obtaining a nonimmigrant B–1, B– 

2, or B–1/B–2 visa. The Department of 

Homeland Security (DHS) is amending 

its regulations to require VWP travelers 

applying for admission at U.S. land 

ports of entry to receive a travel 

authorization via the Electronic System 

for Travel Authorization (ESTA) from 

CBP prior to applying for admission to 

the United States. 

A travel authorization via ESTA is a 

positive determination of eligibility to 

travel to the United States under the 

VWP. Travelers without a travel 

authorization must have a visa issued by 

a U.S. Embassy or Consulate for 

admission to the United States. 

Currently, VWP travelers applying for 

admission at U.S. land ports of entry 

must complete a paper I–94W 

Nonimmigrant Visa Waiver Arrival/ 

Departure Record (Form I–94W) prior to 

admission that provides biographical 

and travel information to CBP. Through 

this interim rule, instead of completing 

a paper Form I–94W at land ports of 

entry, VWP travelers must now provide 

this information electronically to CBP 

via ESTA. 

DHS has already instituted the ESTA 

program at air and sea ports of entry. On 

June 9, 2008, DHS published an interim 

final rule (IFR), ‘‘Changes to the Visa 

Waiver Program to Implement the 

Electronic System for Travel 

Authorization (ESTA) Program,’’ in the 

Federal Register (73 FR 32440) 

(hereafter, ‘‘ESTA Air and Sea IFR’’) 

announcing the creation of the ESTA 

program for nonimmigrant visitors 

traveling to the United States by air or 

sea under the VWP. After a thorough 

review of the comments received, on 

June 8, 2015, DHS published in the 

Federal Register (80 FR 32267) a final 

rule titled ‘‘Changes to the Visa Waiver 

Program to Implement the Electronic 

System for Travel Authorization (ESTA) 

Program and the Fee for Use of the 

System’’ (hereafter, ‘‘ESTA Air, Sea, and 

Fee Final Rule’’).1 Specifically, DHS 

amended title 8 of the Code of Federal 

Regulations (CFR) to provide that VWP 

travelers applying for admission at U.S. 

air and sea ports of entry must receive 

a travel authorization from CBP via 

ESTA. See 8 CFR 217.5 (ESTA 

regulations). The ESTA regulations set 

forth the general requirements, the time 

frame for obtaining a travel 

authorization, the required data 

elements, the duration of a travel 

authorization, and the fee for obtaining 

a travel authorization. With the 

implementation of ESTA, VWP travelers 

who arrive at air and sea ports of entry 

are no longer required to complete a 

paper Form I–94W. 

This interim rule expands the 

requirements of ESTA to land ports of 

entry. Specifically, it extends the 

electronic collection of the information 

requested on paper Form I–94W to VWP 

travelers who intend to travel to the 

United States by land. For these 

travelers, all the ESTA requirements in 

8 CFR 217.5 are identical to air and sea 

travelers, except for the time frame for 

receiving a travel authorization. 

As provided in 8 CFR 217.5(b), air 

and sea VWP travelers must receive a 

travel authorization prior to embarking 

on a carrier for travel to the United 

States. Under this interim rule, 

however, VWP travelers intending to 

travel to the United States by land must 

instead receive a travel authorization 

prior to application for admission to the 

United States. The different time frames 

take into account the fact that travel by 

land is often by privately owned vehicle 

or on foot and not by carrier, as is 

usually the case when people travel to 

the United States by air or sea. 

To expedite the admission process, 

DHS encourages VWP travelers who 

intend to travel to the United States by 

land to apply for a travel authorization 

at least 72 hours in advance of their 

anticipated arrival at a U.S. land port of 

entry. By submitting an ESTA 

application well in advance of 

anticipated arrival at a land port of 

entry, a traveler will be able to minimize 

the likelihood that he or she will be 

found to be inadmissible under the 

VWP upon arrival at the port of entry 

and prevent a potentially long wait time 

at the border while his or her 

application is under review. 

Implementing ESTA at land ports of 

entry will expedite the admission of 

VWP travelers and reduce traveler 

delays, especially when VWP travelers 

apply for a travel authorization in 

advance of travel. A travel authorization 

will be valid at all ports of entry. 

Therefore, if a VWP traveler already has 

a valid travel authorization obtained for 

air or sea travel, the traveler will not 

need to obtain another travel 

authorization for admission at a land 

port of entry. 

Following the implementation of 

ESTA at U.S. land ports of entry, all 

VWP travelers are required to complete 

the electronic version of the paper Form 

I–94W (i.e., an ESTA application) 

instead of the paper Form I–94W. 

As discussed in Section IV(B) of the 

Background section, ‘‘Executive Orders 

13563 and 12866,’’ and detailed in the 

complete regulatory assessment entitled 

‘‘Regulatory Assessment for the 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 18969 

2For VWP travelers arriving at the United States 

at air and sea ports of entry, the ESTA requirements 

as set forth in 8 CFR 217.5 apply. ESTA 

requirements are described in detail in Section 

III(B) of the Background section of this document. 

3Source: U.S. Customs and Border Protection. 

Supporting Statement for Paperwork Reduction Act 

Submission 1651–0111: Arrival and Departure 

Record (Forms I–94, I–94W) and Electronic System 

for Travel Authorization (ESTA). February 12, 2019. 

Available at https://www.reginfo.gov/public/do/ 

PRAViewDocument?ref_nbr=201810-1651-001. 

Accessed May 22, 2019. 

4 Generally, admitted VWP visitors must 

surrender the I–94W Departure Record when 

leaving the United States. This allows CBP to 

accurately record traveler departures. However, 

admitted VWP travelers are not required to 

surrender the Form I–94W Departure Record when 

departing the United States for Canada or Mexico 

for a trip of less than 30 days. These travelers may 

retain their I–94W Departure Record so that when 

they resume their visit to the United States, via a 

land port of entry, they are not required to complete 

another paper Form I–94W. They may be 

readmitted into the United States for the balance of 

time remaining on their 90-day VWP admission 

period. 

5The fees to obtain a nonimmigrant B–1, B–2, or 

B–1/B–2 visa include a $160.00 U.S. Department of 

State fee for DS–160: Online Nonimmigrant Visa 

Application processing and an estimated $40.00 in 

photo, courier, and other miscellaneous expenses. 

The time cost to obtain a nonimmigrant B–1, B–2, 

or B–1/B–2 visa is approximately $102, based on 

the estimated 5-hour time burden to obtain a 

nonimmigrant B–1, B–2, or B–1/B–2 visa (including 

the time spent completing Form DS–160: Online 

Nonimmigrant Visa Application, traveling to a U.S. 

Embassy or Consulate for the nonimmigrant B–1, 

B–2, or B–1/B–2 visa interview, waiting for the 

interview, and undergoing the interview) and a 

VWP traveler’s hourly time value of $20.40. CBP 

bases the $20.40 hourly time value for VWP 

travelers on the U.S. Department of Transportation’s 

(DOT) hourly time value of $20.40 for all-purpose, 

intercity travel by surface-modes, except high-speed 

rail. For the purposes of this analysis, CBP assumes 

that the DOT time value, reported in 2015 U.S. 

dollars, would be the same for 2019. Source of visa 

processing fee cost: U.S. Department of State. ‘‘Fees 

for Visa Services.’’ Available at https://travel.

state.gov/content/travel/en/us-visas/visainformation-resources/fees/fees-visa-services.html. 

Accessed May 7, 2018. Source of photo cost: U.S. 

Department of State. Supporting Statement for 

Paperwork Reduction Act Submission: 1405–0015, 

Application for Immigrant Visa and Alien 

Registration (Form DS–230). August 3, 2018. 

Available at https://www.reginfo.gov/public/do/ 

PRAViewDocument?ref_nbr=201808-1405-001. 

Accessed December 20, 2018. Source of other fees: 

CBP estimates. Source of VWP traveler’s hourly 

time value: U.S. Department of Transportation, 

Office of Transportation Policy. The Value of Travel 

Time Savings: Departmental Guidance for 

Conducting Economic Evaluations Revision 2 (2016 

Update). ‘‘Table 4 (Revision 2—2016 Update): 

Recommended Hourly Values of Travel Time 

Savings.’’ September 27, 2016. Available at https:// 

www.transportation.gov/sites/dot.gov/files/docs/ 

Continued 

Implementation of the Electronic 

System for Travel Authorization (ESTA) 

at U.S. Land Borders Interim Final 

Rule,’’ available at docket number 

USCBP–2021–0014, this rule will 

provide immediate benefits to VWP 

travelers and to CBP. This rule will 

produce a consistent, modern VWP 

admission policy, strengthen national 

security through enhanced traveler 

vetting, expedite entry processing at 

land ports of entry, collect Form I–94W 

information electronically, and reduce 

inadmissible traveler inspections, 

generating time and cost savings for CBP 

and VWP travelers. 

III. Background 

A. Visa Waiver Program 

Pursuant to section 217 of the 

Immigration and Nationality Act (INA), 

8 U.S.C. 1187, the Secretary of 

Homeland Security, in consultation 

with the Secretary of State, may 

designate countries for participation in 

the VWP if certain requirements are 

met. See 8 U.S.C. 1187(c)(2). The INA 

also sets forth requirements for 

continued eligibility and termination of 

VWP status. 

Eligible citizens and nationals of VWP 

countries may apply for admission at a 

U.S. port of entry as nonimmigrant 

visitors for a period of ninety (90) days 

or less for business or pleasure without 

first obtaining a nonimmigrant B–1, 

B–2, or B–1/B–2 visa. These travelers, 

however, must comply with applicable 

regulations and be admissible under 

statutory and regulatory requirements.2

Other nonimmigrant visitors who are 

not from VWP countries, or visitors 

from VWP countries who are traveling 

for purposes other than business or 

pleasure, must obtain a visa from a U.S. 

Embassy or Consulate and generally 

must undergo an interview by consular 

officials overseas in advance of travel to 

the United States. 

1. Current CBP Processing of VWP 

Travelers at Land Ports of Entry 

The way in which a VWP traveler is 

processed at a land port of entry 

depends on the documentation the 

traveler presents upon application for 

admission. In some cases, the VWP 

traveler may be referred to secondary 

processing. Generally, in secondary 

processing, the traveler must complete a 

paper Form I–94W and pay a $6.00 

processing fee. CBP estimates that the 

paper Form I–94W takes 16 minutes 

(0.2667 hours) to complete.3

In secondary, once a VWP traveler 

completes the paper Form I–94W, a CBP 

officer enters the traveler’s passport and 

paper Form I–94W information into an 

internal database and collects the 

traveler’s biometric data (i.e., 

fingerprints and photograph). CBP uses 

the data collected on the paper Form 

I–94W to populate a database of 

crossing history and admission status in 

the United States. This database stores 

the admissions and departures of 

travelers entering or leaving the United 

States. The CBP officer also checks the 

visitor’s personal information against 

lost and stolen passport databases, 

government watch lists, and other DHS 

resources. Based on this information, as 

well as an interview with the traveler, 

the CBP officer determines whether or 

not the traveler is admissible to the 

United States. If admissible, the CBP 

officer stamps the traveler’s paper Form 

I–94W and passport, provides the 

traveler with the departure portion of 

the paper Form I–94W (‘‘I–94W 

Departure Record’’) and grants the 

traveler admission to the United States 

for a period of up to 90 days (‘‘90-day 

VWP admission period’’).4

The processing of a VWP traveler at 

a land port of entry may be different if 

the traveler is within a current 90-day 

VWP admission period (meaning, the 

traveler has been processed and 

admitted into the United States under 

the VWP within the last 90 days, with 

or without a current ESTA travel 

authorization), or if the traveler has a 

current ESTA travel authorization, but 

is not within a current 90-day VWP 

admission period. 

In the former case, where the traveler 

is within a current 90-day VWP 

admission period, the traveler may 

generally be processed at CBP’s primary 

inspection. This is because the 

information typically gathered during 

secondary processing was already 

captured earlier through either the 

traveler’s ESTA application (if he or she 

first arrived in the United States by air 

or sea) or the Form I–94W (if he or she 

first arrived in the United States by 

land). This scenario typically occurs 

when a VWP traveler who has already 

been admitted into the United States 

takes a brief excursion into Canada or 

Mexico, and then seeks to re-enter the 

United States to resume his or her visit. 

In the latter case, when a VWP 

traveler has a valid ESTA travel 

authorization, but is not within a 

current 90-day VWP admission period, 

the traveler must go to secondary 

processing and pay the $6.00 processing 

fee, but he or she does not need to 

complete the paper Form I–94W 

because CBP already has the traveler’s 

relevant information through his or her 

ESTA application. 

If a traveler is refused admission to 

the United States under the VWP, he or 

she can visit the nearest U.S. Embassy 

or Consulate to apply for a 

nonimmigrant B–1, B–2, or B–1/B–2 

visa. This visa would cost a traveler 

approximately $302 in fees and time 

costs to obtain.5 The overall U.S. 


lotter on DSK11XQN23PROD with RULES1
18970 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 

2016%20Revised%20Value%20of%20Travel

%20Time%20Guidance.pdf. Accessed June 11, 

2018. 

6Email correspondence with CBP’s Office of 

Field Operations on April 24, 2015 and May 17, 

2018. 

7On February 9, 2018, section 30203(a) of the 

Bipartisan Budget Act of 2018, Public Law 115–123, 

extended the sunset provision of the travel 

promotion fee through September 30, 2027. On 

December 20, 2019, section 806 of the Further 

Consolidated Appropriations Act of 2020, Public 

Law 116–94, increased the travel promotion fee 

from $10 to $17. CBP will be publishing a separate 

rule to reflect these legislative changes. 

8The ESTA application and the paper Form 

I–94W are covered by OMB Control Number 1651– 

0111. The updated questions and additional 

questions were described in various notices 

regarding the extension and revision of information 

admission refusal rate for VWP travelers 

at land ports of entry is low. From fiscal 

year (FY) 2013 to FY 2017, CBP 

recorded 4.0 million VWP traveler 

arrivals at U.S. land ports of entry, with 

99.9 percent of arrivals resulting in 

admissions to the United States and 0.1 

percent resulting in refusals based on 

paper Form I–94W processing.6

2. Current CBP Processing of VWP 

Travelers at Air and Sea Ports of Entry 

A nonimmigrant noncitizen arriving 

at a U.S. air or sea port of entry under 

the VWP must obtain a travel 

authorization via ESTA prior to 

embarking on a carrier for travel to the 

United States. If the traveler does not 

have a travel authorization, he or she 

must hold an unexpired visa issued by 

a U.S. Embassy or Consulate. See 

Section 217(a) of the INA, 8 U.S.C. 

1187(a). See also 8 CFR part 217. The 

relevant history regarding this ESTA 

requirement is set forth below. 

In response to the events of 

September 11, 2001, Congress enacted 

the Implementing Recommendations of 

the 9/11 Commission Act of 2007, 

Public Law 110–53 (9/11 Act). To 

address aviation security vulnerabilities 

of the VWP, section 711 of the 9/11 Act 

required the Secretary of Homeland 

Security, in consultation with the 

Secretary of State, to develop and 

implement a fully automated electronic 

travel authorization system for VWP 

travelers visiting the United States. The 

system would collect biographical and 

other information the DHS Secretary 

deems necessary to evaluate, in advance 

of travel, the eligibility of the applicant 

to travel to the United States under the 

VWP, and whether such travel poses a 

law enforcement or security risk. See 8 

U.S.C. 1187(h)(3)(A). Prior to the 

establishment of ESTA, VWP travelers 

could board planes to the United States 

and be found inadmissible upon arrival 

at CBP inspection. By establishing 

ESTA, DHS is able to identify whether 

the traveler is likely to be admissible 

upon arrival before the traveler embarks 

on travel to the United States. 

DHS established the electronic 

equivalent of the paper Form I–94W 

process at air and sea ports of entry as 

set forth in the ESTA Air and Sea IFR 

(73 FR 32440), published on June 9, 

2008, and in the ESTA Air, Sea, and Fee 

Final Rule (80 FR 32267), published on 

June 8, 2015. ESTA provides for an 

electronic collection of the information 

required on the paper Form I–94W in 

advance of travel. ESTA fulfills the 

statutory requirements described in 

section 711 of the 9/11 Act. 

DHS stated in the ESTA Air and Sea 

IFR that the development and 

implementation of the ESTA program 

would eventually allow DHS to 

automate the requirement that VWP 

travelers complete a paper Form I–94W 

prior to being admitted to the United 

States. See 73 FR 32440 at 32443. While 

the ESTA Air and Sea IFR established 

the regulations for ESTA, section 711 of 

the 9/11 Act required DHS to announce 

implementation of a mandatory ESTA 

system by publication of a notice in the 

Federal Register no less than 60 days 

before the date on which ESTA would 

become mandatory for all VWP 

travelers. On November 13, 2008, DHS 

published such a notice in the Federal 

Register (73 FR 67354) announcing that 

ESTA would be mandatory for all VWP 

travelers traveling to the United States 

seeking admission at air and sea ports 

of entry beginning January 12, 2009. At 

that point, DHS began an informed 

compliance period during which VWP 

travelers who arrived without prior 

ESTA authorization were not refused 

admission on that basis, but were 

instead permitted to complete the paper 

I–94W upon arrival in the United States. 

As of June 29, 2010, however, VWP 

travelers have been required to receive 

a travel authorization through the ESTA 

website, https://www.cbp.gov/esta, prior 

to boarding a conveyance destined for a 

U.S. air or sea port of entry. See 80 FR 

32267 at 32285. Travelers who do not 

receive authorization through ESTA 

may still apply for a nonimmigrant 

B–1, B–2, or B–1/B–2 visa issued by a 

U.S. Embassy or Consulate. 

On March 4, 2010, the United States 

Capitol Police Administrative Technical 

Corrections Act of 2009, Public Law 

111–145, was enacted. Section 9 of this 

law, the Travel Promotion Act of 2009 

(TPA), mandated that the Secretary of 

Homeland Security establish a fee for 

the use of ESTA and begin assessing and 

collecting the fee. 

On August 9, 2010, DHS published an 

interim final rule ‘‘Electronic System for 

Travel Authorization (ESTA); Travel 

Promotion Fee and Fee for Use of the 

System’’ in the Federal Register (75 FR 

47701) (hereafter, ‘‘ESTA Fee IFR’’) 

announcing that beginning September 8, 

2010, a $4.00 ESTA operational fee 

would be charged to each ESTA 

applicant to ensure recovery of the full 

costs of providing and administering the 

system and an additional $10.00 Trade 

Promotion Act (TPA) fee would be 

charged to each ESTA applicant 

receiving travel authorization through 

September 30, 2015.7 See 8 U.S.C. 

1187(h)(3)(B), as amended, and 8 CFR 

217.5(h). 

In response to the request for 

comments in the ESTA Air and Sea IFR 

and the ESTA Fee IFR, DHS received a 

total of 39 submissions. Most of these 

submissions contained comments 

providing support, voicing concerns, 

highlighting issues, or offering 

suggestions for modifications to the 

ESTA program. After review and 

analysis of the comments, on June 8, 

2015, DHS published the ESTA Air, Sea, 

and Fee Final Rule in the Federal 

Register (80 FR 32267) with two 

substantive regulatory changes. The first 

change allows the Secretary of 

Homeland Security to adjust travel 

authorization validity periods on a per 

country basis from a general validity 

period of two years, to a three-year 

maximum or to a lesser period of time. 

The second change concerns the TPA 

fee. In accordance with Section 605 of 

the Consolidated and Further 

Continuing Appropriations Act of 2015, 

DHS extended the end date for 

assessment of the Travel Promotion Act 

fee to September 30, 2020. DHS also 

removed a specific reference to the 

Pay.gov payment system in order to 

allow for flexibility in how CBP may 

collect ESTA fees. 

The ESTA Air, Sea, and Fee Final 

Rule also outlines the various 

operational changes DHS has 

implemented since the ESTA program’s 

inception based on the experience DHS 

gained from operating the ESTA 

program. For example, VWP travelers 

who provide an email address to DHS 

when they submit their application will 

receive an automated email notification 

indicating that their travel authorization 

will expire soon. DHS has also updated 

the information on the ESTA website to 

address some of the comments. Finally, 

DHS has also revised some of the ESTA 

questions to make them more 

understandable, removed one of the 

questions, and added some new 

questions to improve the screening of 

travelers before their travel to the 

United States.8 All these changes took 

effect on November 3, 2014. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 18971 

collection 1651–0111 requesting public comments 

published in the Federal Register on November 26, 

2013 (78 FR 70570), February 14, 2014 (79 FR 

8984), December 9, 2014 (79 FR 73096), June 23, 

2016 (81 FR 40892), and August 31, 2016 (81 FR 

60014). 

9Travelers with a valid Form I–94W Departure 

Record are those who departed the United States for 

Canada or Mexico for a trip of less than 30 days. 10See 8 U.S.C. 1187(h)(3). 

For more details regarding ESTA and 

the fees associated with ESTA, please 

see: ESTA Air and Sea IFR; ESTA Fee 

IFR; and ESTA Air, Sea, and Fee Final 

Rule. Additional information may also 

be found on the ESTA website at 

https://esta.cbp.dhs.gov. 

B. Expanding ESTA to Land Ports of 

Entry 

From FY 2013 to FY 2017, CBP 

recorded 4.0 million VWP traveler 

arrivals at U.S. land ports of entry, with 

99.9 percent of arrivals resulting in 

admissions to the United States and 0.1 

percent resulting in refusals based on 

paper Form I–94W processing. Of the 

total arrivals, approximately 3.1 million 

(77.8 percent) were distinct, meaning 

that they corresponded to VWP travelers 

required to complete new paper Form 

I–94Ws and undergo related processing. 

These distinct travelers were either 

taking their first trip to the United States 

by land or they lacked valid Form 

I–94W Departure Records. The 

remaining 888,000 arrivals (22.2 

percent) were non-distinct, meaning 

that they corresponded to VWP travelers 

making repeat visits to the United States 

using an initial, valid Form I–94W 

Departure Record.9

This interim final rule (hereafter 

‘‘ESTA Land IFR’’) amends title 8 of the 

CFR to implement ESTA for noncitizens 

who intend to travel to the United States 

under the VWP by land. These travelers 

must now submit an ESTA application 

instead of the paper Form I–94W. The 

rule requires each noncitizen traveling 

to the United States by land under the 

VWP to obtain from CBP a travel 

authorization via ESTA prior to 

application for admission to the United 

States. With this expansion of ESTA, all 

VWP travelers will be required to have 

a travel authorization in advance of 

applying for admission to the United 

States. 

As summarized in the Executive 

Summary and in Section IV(B), 

‘‘Executive Orders 13563 and 12866,’’ 

this rule has many benefits. In addition 

to fulfilling a statutory mandate, ESTA 

serves the twin goals of promoting 

border security and legitimate travel to 

the United States. ESTA increases 

national security and provides 

efficiencies in the screening of 

international travelers by vetting 

subjects of potential interest before 

admittance into the United States. The 

ESTA Land IFR also generates various 

additional benefits to foreign travelers 

and DHS (particularly CBP). 

VWP travelers intending to arrive at 

U.S. land ports of entry will benefit 

from ESTA, especially when the traveler 

already has a travel authorization or 

applies for a travel authorization before 

traveling to the United States. By 

implementing ESTA at land ports of 

entry, travelers will no longer have to 

complete the paper Form I–94W at the 

land port of entry. This will shorten the 

admission process at U.S. land ports of 

entry for both VWP travelers and DHS. 

Travelers who already have an ESTA 

travel authorization that is still valid 

will not have to obtain a new travel 

authorization or complete the paper 

Form I–94W when entering at a land 

port of entry. VWP travelers will also 

save time by obtaining a travel 

authorization in advance of travel, 

which may prevent them from spending 

time and money to travel to a U.S. land 

port of entry and possibly be refused 

admission. 

ESTA enables DHS to determine 

whether a noncitizen is eligible to travel 

to the United States under the VWP and 

to identify potential grounds of 

inadmissibility before the VWP traveler 

applies for admission at a U.S. land port 

of entry. By making these 

determinations before the noncitizen 

embarks on travel to the United States, 

DHS will likely be able to reduce the 

number of noncitizens arriving at U.S. 

ports of entry who are determined to be 

inadmissible upon arrival. In turn, this 

will reduce the number of inadmissible 

noncitizens that DHS must process for 

appropriate refusal or removal 

proceedings upon arrival. Furthermore, 

by implementing ESTA at land ports of 

entry, DHS will also likely reduce wait 

times for other international travelers 

arriving at U.S. ports of entry. With 

reduced wait times, DHS will better 

allocate existing resources towards 

screening passengers at U.S. ports of 

entry, thereby facilitating legitimate 

travel. 

As explained more fully in section 

III(B)(1), ‘‘Obtaining a Travel 

Authorization,’’ as a result of this 

interim final rule, VWP travelers 

entering the United States at land ports 

of entry must receive an ESTA travel 

authorization prior to application for 

admission to the United States. This 

time frame is different from the time 

frame applicable to VWP travelers 

entering the United States at air and sea 

ports of entry. VWP travelers entering 

the United States at air and sea ports of 

entry must have a travel authorization 

prior to boarding a carrier destined for 

the United States. The different time 

frames take into account the fact that 

travel by land is often more 

spontaneous, and sometimes last 

minute, and often not by a carrier. DHS 

will not require land carriers (such as 

bus and rail companies) to screen 

passengers or necessitate a travel 

authorization in advance of arrival to a 

U.S. land port of entry. Other than the 

different time frames, the ESTA 

procedures and requirements for VWP 

travelers arriving at land ports of entry 

will be the same as the procedures and 

requirements for VWP travelers arriving 

at air or sea ports of entry as provided 

in 8 CFR 217.5. These procedures and 

requirements are explained below. 

1. Obtaining a Travel Authorization 

VWP travelers obtain the required 

travel authorization by electronically 

submitting to CBP, via the ESTA 

website (https://esta.cbp.dhs.gov), an 

application consisting of biographical 

and other information specified by the 

Secretary of Homeland Security. The 

ESTA application captures all data 

elements included on the paper Form I– 

94W. To apply for a travel 

authorization, a traveler should select 

the ‘‘Apply’’ feature on the ESTA web 

page, enter his or her biographical and 

travel information as prompted by the 

fields marked with a red asterisk (the 

mandatory data elements), enter the 

optional data elements, if known, and 

submit the application information. A 

third party (such as a commercial 

carrier, travel agent, visa service 

provider, or relative) may submit an 

ESTA application on a traveler’s behalf. 

For each travel authorization, the 

traveler must pay a fee. 

CBP will use information included in 

a traveler’s ESTA application to 

determine the eligibility of the 

noncitizen to travel to the United States 

and whether the visitor poses a law 

enforcement or security risk.10

CBP will check information submitted 

by the traveler, or on behalf of a traveler, 

in his or her ESTA application against 

all appropriate databases, including lost 

and stolen passport databases and 

appropriate watch lists. CBP may deny 

the traveler’s ESTA application if: (1) A 

noncitizen does not provide the 

required information; (2) a noncitizen 

provides false information; (3) any 

evidence exists indicating ineligibility 

to travel to the United States under the 

VWP; or (4) the travel poses a law 

enforcement or security risk. Consistent 

with section 711 of the 9/11 Act, the 

Secretary, acting through CBP, retains 


lotter on DSK11XQN23PROD with RULES1
18972 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 

11 If the ESTA application is denied, the applicant 

will be refunded the $10.00 Travel Promotion Act 

fee. The fee was originally authorized by the TPA 

through September 30, 2015, but was extended 

through September 2020 by the Consolidated and 

Further Continuing Appropriations Act of 2015. 

12On February 9, 2018, section 30203(a) of the 

Bipartisan Budget Act of 2018, Public Law 115–123, 

extended the sunset provision of the travel 

promotion fee through September 30, 2027. On 

December 20, 2019, section 806 of the Further 

Consolidated Appropriations Act of 2020, Public 

Law 116–94, increased the travel promotion fee 

from $10 to $17. CBP will be publishing a separate 

rule to reflect these legislative changes. CBP has not 

yet begun collecting the higher fee, but will do so 

after the fee rule has been published. 

discretion to revoke a travel 

authorization determination at any time 

and for any reason. See 8 U.S.C. 

1187(h)(3)(C)(i). If a noncitizen’s travel 

authorization application is denied, the 

noncitizen may still apply to obtain a 

visa to travel to the United States from 

an appropriate U.S. Embassy or 

Consulate. 

To verify that the ESTA application 

has been approved and a travel 

authorization has been issued, the 

traveler must return to the ESTA 

website to view his or her ESTA status. 

CBP requires a minimum of two hours 

to make an ESTA application 

determination. While most 

determinations will generally be made 

in approximately two hours, there is no 

guarantee that an application will be 

processed in that time frame and some 

determinations may take longer. In most 

cases, the applicant will receive an 

ESTA decision within 72 hours. An 

applicant may contact the ESTA Help 

Desk at the Traveler Communications 

Center by telephone at 1–202–325–5120 

for assistance in processing his or her 

pending application. 

DHS recommends that travelers apply 

for a travel authorization early in the 

travel planning process, rather than 

waiting until the traveler is approaching 

the port of entry. By planning ahead, a 

traveler who is unable to obtain a travel 

authorization will still have time to 

apply for a nonimmigrant B–1, B–2, or 

B–1/B–2 visa from a U.S. Embassy or 

Consulate before travel. 

2. Travel Authorization 

A travel authorization is a positive 

determination that a noncitizen is 

eligible to travel to the United States 

under the VWP during the period of 

time the travel authorization is valid. A 

travel authorization is not a 

determination that the noncitizen is 

ultimately admissible into the United 

States. That determination is made by a 

CBP officer only after an applicant for 

admission is inspected by a CBP officer 

at a U.S. port of entry. In addition, 

ESTA is not a visa or a process that acts 

in lieu of any visa issuance 

determination made by the Department 

of State. 

3. Timeline for Obtaining a Travel 

Authorization 

Each VWP traveler arriving at a U.S. 

land port of entry must have a travel 

authorization prior to application for 

admission at a land port of entry. A 

VWP traveler who does not have a valid 

travel authorization at the time he or she 

applies for admission to the United 

States at a land port of entry will be 

ineligible for admission under the VWP. 

If a VWP traveler arrives at a U.S. land 

port of entry without a valid travel 

authorization and wants to apply for 

one, the traveler will be permitted to 

withdraw his or her application for 

admission, return to Mexico or Canada, 

submit an ESTA application there, and 

await receipt of a travel authorization in 

Mexico or Canada before returning to a 

U.S. port of entry. Receipt of a travel 

authorization will take at least two 

hours from the time that it is submitted. 

If the traveler’s ESTA application is 

approved, the traveler may return to a 

U.S. land port of entry to seek 

admission. If the traveler’s ESTA 

application is not approved, the traveler 

is not eligible to seek admission to the 

United States under the VWP. In such 

a case, the traveler may apply for a 

nonimmigrant B–1, B–2, or B–1/B–2 

visa from a U.S. Embassy or Consulate 

and then reapply for admission to the 

United States. 

It should be noted that because VWP 

travelers arriving at U.S. land ports of 

entry will need to have a travel 

authorization prior to application for 

admission, rather than prior to boarding 

a carrier, land carriers transporting VWP 

travelers are not responsible for 

confirming that the VWP traveler is 

ESTA-compliant. For example, this 

interim rule would not require bus 

companies to confirm that their 

passengers are ESTA-compliant or to 

transmit any ESTA data elements on 

behalf of these travelers to CBP. 

4. Required ESTA Data Elements 

The current ESTA regulations provide 

that ESTA will collect such information 

as the Secretary deems necessary to 

issue a travel authorization as reflected 

on the ESTA application. See 8 CFR 

217.5(c). This information is included 

on the ESTA website. VWP travelers 

arriving at land ports of entry will have 

to provide these same data elements. 

The ESTA website also includes some 

optional data elements. This data 

should be provided, if known. 

5. Scope of Travel Authorization 

Consistent with section 711 of the 9/ 

11 Act, a travel authorization does not 

restrict, limit, or otherwise affect the 

authority of CBP to determine a 

noncitizen’s admissibility into the 

United States during inspection at a port 

of entry. 

6. Duration 

The same general rule and exceptions 

regarding the duration of a travel 

authorization as set forth in 8 CFR 

217.5(d) will apply to a travel 

authorization issued for travel to air, 

sea, and land ports of entry. DHS will 

notify an individual with an approved 

ESTA authorization at the email address 

he or she provided in the application 

when his or her ESTA expiration date 

is approaching. Subject to certain 

exceptions, each travel authorization 

will generally be valid for a period of 

two years from the date of issuance, 

meaning a noncitizen may travel to the 

United States repeatedly within a twoyear period without obtaining another 

authorization. 

7. Events Requiring New Travel 

Authorization 

The events requiring a new travel 

authorization as set forth in 8 CFR 

217.5(e) and summarized below are the 

same regardless of whether the travel 

authorization was issued for travel to 

U.S. air, sea, or land ports of entry. 

A VWP traveler must obtain a new 

travel authorization approval if any of 

the following conditions occurs: (1) The 

noncitizen is issued a new passport; (2) 

the noncitizen changes his or her name; 

(3) the noncitizen changes his or her 

gender; (4) the noncitizen changes his or 

her country of citizenship; or (5) the 

circumstances underlying the 

noncitizen’s previous responses to any 

of the ESTA application questions 

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

(eligibility questions) have changed. 

8. Fee 

The TPA mandated that the Secretary 

of Homeland Security establish a fee for 

the use of ESTA and begin assessing and 

collecting the fee. DHS implemented the 

fee requirements of the TPA in the 

ESTA Fee IFR and ESTA Air and Sea 

Final Rule. VWP travelers applying for 

a travel authorization to travel to U.S. 

air and sea ports of entry must pay a 

$4.00 ESTA operational fee and an 

additional $10.00 Travel Promotion Act 

fee through September 30, 2020.11 12

This same fee will apply to VWP 

travelers arriving at U.S. land ports of 

entry. For a detailed discussion about 

this fee, see the ESTA Fee IFR and the 

ESTA Air and Sea Final Rule. 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 18973 

13Travelers arriving by air and sea pay the same 

fee; however, the fee is included in the price of the 

carrier tickets and is not collected separately upon 

arrival. 

14Admitted VWP travelers will not be required to 

surrender the printed departure record when 

departing the United States for Canada or Mexico 

for a trip of less than 30 days. These travelers may 

retain their printed departure record so that when 

they resume their visit to the United States, CBP 

will not have to print another departure record and 

the traveler may be readmitted into the United 

States for the balance of time remaining on his or 

her I–94W Departure Record. 

15This process differs from the departure process 

at air and sea ports of entry where departure 

information is received and recorded electronically. 

It is important to note that a 

noncitizen may travel to the United 

States repeatedly within the validity 

period using the same travel 

authorization, regardless of the mode of 

transportation used. Therefore, VWP 

travelers who intend to arrive in the 

United States at a land port of entry and 

already have a travel authorization that 

is still valid will not need to apply for 

a new travel authorization or pay 

another ESTA fee. 

However, a VWP traveler arriving at 

U.S. land ports of entry will still have 

to pay the $6.00 I–94W fee provided for 

in 8 CFR 103.7(d)(5), unless he or she 

is entering within a current 90-day VWP 

admission period. This fee covers 

processing costs, including those 

involved in collecting traveler 

fingerprints.13 Although the collection 

of the I–94W data elements will now be 

done electronically through ESTA, 

travelers at the land border will 

continue to receive a printed departure 

record. This printed departure record is 

equivalent to the departure portion of 

the paper Form I–94W. This document 

will be stamped by the CBP officer who 

processes the traveler’s admission and 

should be retained by the traveler while 

he or she is in the United States. VWP 

visitors who depart from the United 

States via a land port will generally be 

required to surrender this document 

upon leaving the United States.14 CBP 

will enter the departure information 

manually into the appropriate CBP 

database.15 The $6.00 fee supports 

CBP’s efforts in issuing these departure 

records and entering the departure 

information. 

9. Judicial Review 

Section 711 of the 9/11 Act amended 

section 217 of the INA to provide that 

no court shall have jurisdiction to 

review an eligibility determination 

under the electronic travel authorization 

system. See INA section 217(h)(3)(C)(iv), 

8 U.S.C. 1187. Accordingly, a 

determination under ESTA will be final 

and, notwithstanding any other 

provision of the law, is not subject to 

judicial review. 

C. Discussion of Regulatory Changes 

DHS is amending parts 103, 212, 217, 

and 286 of title 8 of the CFR, as set forth 

below, in order to expand the ESTA 

requirements to VWP travelers arriving 

at U.S. land ports of entry and to update 

the regulations. 

1. 8 CFR Part 103 

Section 103.7(d)(5) of the DHS 

regulations (8 CFR 103.7), titled ‘‘Form 

I–94W,’’ enumerates the $6.00 fee 

associated with the issuance of Form I– 

94W. The paragraph is revised to 

incorporate a definition of ‘‘issuance’’ 

that reflects the new procedure involved 

in electronically collecting the traveler’s 

information, then using that information 

to print a departure record for VWP 

travelers entering the United States at 

land ports of entry. The new provision 

will now clarify that ‘‘the term 

‘issuance’ includes, but is not limited to, 

the creation of an electronic record of 

admission or arrival/departure by DHS 

following an inspection performed by a 

CBP officer, which may be provided to 

the nonimmigrant as a printout or other 

confirmation of the electronic record 

stored in DHS systems.’’ 

2. 8 CFR Part 212 

Section 212.1 of the DHS regulations 

(8 CFR 212.1), titled ‘‘Documentary 

requirements for nonimmigrants,’’ refers 

to the Visa Waiver Pilot Program. On 

October 30, 2000, the Visa Waiver 

Permanent Program Act, Public Law 

106–396, established the VWP as a 

permanent program and replaced the 

Visa Waiver Pilot Program. Therefore, 

this section is amended to remove the 

reference to the ‘‘Visa Waiver Pilot 

Program’’ and refer instead to the ‘‘Visa 

Waiver Program.’’ 

3. 8 CFR Part 217 

Section 217.1 of the DHS regulations 

(8 CFR 217.1), titled ‘‘Scope,’’ refers to 

the Visa Waiver Pilot Program. This 

section is amended to remove the 

reference to the ‘‘Visa Waiver Pilot 

Program’’ and instead refer to the ‘‘Visa 

Waiver Program (VWP).’’ 

Section 217.2 of the DHS regulations 

(8 CFR 217.2) describes the eligibility 

requirements to travel under the VWP. 

Specifically, § 217.2(b)(1) provides that 

in addition to meeting all the 

requirements for the ‘‘Visa Waiver Pilot 

Program,’’ each applicant must possess 

a valid, unexpired passport issued by a 

designated country and present a 

completed, signed Form I–94W. This 

provision is amended to delete the 

reference to Form I–94W and add the 

new requirement to obtain a travel 

authorization via ESTA. Also, the 

paragraph is amended to delete the 

reference to the ‘‘Visa Waiver Pilot 

Program’’ and refer instead to the ‘‘Visa 

Waiver Program.’’ 

This rule also makes non-substantive 

amendments to § 217.2 to make the 

regulation current, correct, and 

consistent. Specifically, §§ 217.2(a), (c), 

and (d) and 217.3(b) are amended to 

delete the references to the ‘‘Visa 

Waiver Pilot Program’’ and refer instead 

to the ‘‘Visa Waiver Program (VWP).’’ 

These provisions are also being updated 

by replacing the legacy Immigration and 

Naturalization Service position title 

(‘‘immigration officer’’) with the current 

DHS position title (‘‘CBP officer’’). 

Section 217.5 (8 CFR 217.5) sets forth 

the requirements for ESTA. In 

particular, § 217.5(a) requires 

nonimmigrant noncitizens intending to 

travel by air or sea to the United States 

under the VWP to receive a travel 

authorization prior to boarding a carrier 

destined for the United States. This 

provision is amended to require 

nonimmigrant noncitizens intending to 

travel by land to the United States under 

the VWP to obtain a travel authorization 

prior to application for admission to the 

United States at a land port of entry. 

Section 217.5(b) specifies the time 

frames for obtaining a travel 

authorization through ESTA for VWP 

travelers arriving at air and sea ports of 

entry. The paragraph is amended to also 

specify the time frame for obtaining a 

travel authorization for VWP travelers 

arriving at land ports of entry, i.e., prior 

to application for admission to the 

United States. Current § 217.5(c) 

provides that the DHS Secretary may 

collect certain information to issue a 

travel authorization and refers to the 

Form I–94W. When the ESTA program 

is implemented at U.S. land ports of 

entry, DHS will no longer require VWP 

travelers to complete the Form I–94W. 

Therefore, the paragraph is amended by 

removing the references to the Form I– 

94W and referring instead to ESTA. 

Current § 217.5(g) provides that once 

ESTA is implemented as a mandatory 

program, 60 days following publication 

by the Secretary of a notice in the 

Federal Register, citizens and eligible 

nationals of countries that participate in 

the VWP must comply with the 

requirements of this section. It further 

provides that as new countries are 

added to the VWP, citizens and eligible 

nationals of those countries will be 

required to obtain a travel authorization 

prior to traveling to the United States 

under the VWP. This language is 

outdated because it has been overtaken 

by the following events. First, the 


lotter on DSK11XQN23PROD with RULES1
18974 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 

16As previously stated, on February 9, 2018, 

section 30203(a) of the Bipartisan Budget Act of 

2018, Public Law 115–123, extended the sunset 

provision of the travel promotion fee through 

September 30, 2027. On December 20, 2019, section 

806 of the Further Consolidated Appropriations Act 

of 2020, Public Law 116–94, increased the travel 

promotion fee from $10 to $17. See 8 U.S.C. 

1187(h)(3)(B), as amended, and 8 CFR 217.5(h). CBP 

will be publishing a separate rule to reflect these 

legislative changes. This analysis does not capture 

these changes. 

Secretary published the referenced 

notice in the Federal Register on 

November 13, 2008 (73 FR 67354), and 

ESTA was implemented as a mandatory 

program for VWP travelers arriving at 

air and sea ports 60 days later. Second, 

this interim final rule expanding ESTA 

to VWP travelers arriving at land ports 

of entry will be effective 30 days after 

publication. Third, the provision about 

new countries is now fully covered by 

the general provision about travel 

authorization in § 217.5(a). Therefore, 

the outdated language is deleted. 

4. 8 CFR Part 286 

Part 286 of the DHS regulations (8 

CFR part 286) concerns immigration 

user fees. Specifically, § 286.9 describes 

the fee for processing applications and 

issuing documentation at land border 

ports of entry. This section will be 

amended to delete the references to the 

‘‘Visa Waiver Pilot Program’’ and refer 

instead to the ‘‘Visa Waiver Program.’’ 

IV. Statutory and Regulatory 

Requirements 

A. Administrative Procedure Act 

1. Procedural Rule Exception 

The Administrative Procedure Act 

(APA) generally requires agencies to 

publish a notice of proposed rulemaking 

in the Federal Register (5 U.S.C. 553(b)) 

and provide interested persons the 

opportunity to submit comments (5 

U.S.C. 553(c)). However, the APA 

provides an exception to this prior 

notice and comment requirement for 

‘‘rules of agency organization, 

procedure, or practice’’ 5 U.S.C. 

553(b)(A). This interim final rule is a 

procedural rule promulgated for 

efficiency purposes that falls within this 

exception. 

This rule is procedural because it 

merely changes the method of 

submission for an existing reporting 

requirement for nonimmigrant 

noncitizens pursuant to existing statutes 

and regulations. See 8 U.S.C. 1103, 1184 

and 1187. See also 8 CFR 212.1, 299.1, 

and 8 CFR parts 2 and 217. The rule 

merely changes the manner in which 

noncitizens seeking admission to the 

United States under the VWP, at ports 

of entry along the land border, present 

information to DHS and does not alter 

the rights or interests of those 

noncitizens as they seek admission to 

the United States. Such arriving 

noncitizens will no longer be required 

to complete and submit the paper Form 

I–94W. Instead, all required information 

will be submitted to DHS electronically 

through the ESTA website. In addition, 

this rule neither affects the substantive 

criteria by which CBP officers inspect 

noncitizens upon arrival nor the nature 

of the information at CBP’s disposal. 

2. Foreign Affairs Function Exception 

This interim final rule is also exempt 

from the rulemaking provisions of the 

Administrative Procedure Act (APA) 

pursuant to 5 U.S.C. 553(a)(1) as it 

involves a foreign affairs function of the 

United States. This rule advances the 

President’s foreign policy goals and 

directly involves relationships between 

the United States and its noncitizen 

visitors. 

ESTA is an integral part of the 

administration of the VWP, a program 

that involves an inherently foreign 

affairs function of the United States. 

Specifically, the VWP, which is 

administered by DHS in consultation 

with the Department of State, enables 

eligible citizens or nationals of 

designated countries to travel to the 

United States for tourism or business for 

stays of 90 days or less without first 

obtaining a visa, provided they meet 

certain requirements. Among other 

things, a traveler must have a valid 

authorization through ESTA. As part of 

the ESTA screening process, CBP 

reviews available information regarding 

ESTA applicants to determine whether 

they present a concern to U.S. national 

security or law enforcement (to include 

immigration enforcement) interests. 

Accordingly, any rulemaking actions 

undertaken to implement ESTA at land 

ports of entry are exempt from APA 

notice and comment requirements. 

However, DHS is interested in receiving 

public comments on this interim final 

rule and, therefore, is providing the 

public with the opportunity to comment 

without delaying implementation of this 

rule. 

B. Executive Orders 13563 and 12866 

Executive Orders (EOs) 13563 

(‘‘Improving Regulation and Regulatory 

Review’’) and 12866 (‘‘Regulatory 

Planning and Review’’) 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. 

This rule is not a ‘‘significant 

regulatory action,’’ under section 3(f) of 

Executive Order 12866. Accordingly, 

the Office of Management and Budget 

has not reviewed this rule. Although 

this rule is not subject to the 

requirements of Executive Orders 13563 

and 12866 due to the foreign affairs 

exception, DHS has reviewed this 

interim final rule to ensure its 

consistency with the regulatory 

philosophy and principles set forth in 

those Executive orders. DHS has also 

prepared a regulatory impact assessment 

to help inform stakeholders of the 

impacts of this rule, which DHS has 

summarized below. The complete 

assessment can be found in the public 

docket for this rulemaking at 

www.regulations.gov. 

1. Purpose of Rule 

This rule will extend the regulatory 

requirements of ESTA to the land 

environment per the 9/11 Act. For VWP 

travelers arriving at U.S. land ports of 

entry (POEs), all the ESTA requirements 

currently in 8 CFR 217.5 will remain the 

same as the requirements for VWP 

travelers arriving at air and sea ports, 

except for the time frame for obtaining 

the travel authorization. Under the 

ESTA Land IFR, VWP travelers 

intending to travel to the United States 

by land must receive a travel 

authorization prior to application for 

admission to, rather than prior to 

embarking on a carrier destined for, the 

United States. These travelers may 

obtain the required travel authorization 

by submitting an electronic application 

to CBP through the ESTA website 

(https://esta.cbp.dhs.gov/esta/) and 

paying the ESTA application fee, which 

consists of an operational fee and Travel 

Promotion Act (TPA) fee valid until FY 

2021.16 The ESTA application serves as 

an electronic version of the paper Form 

I–94W, asking for the same biographical, 

personal, and trip-related information 

currently requested on the paper Form 

I–94W as well as several additional 

security-related questions not on the 

paper Form I–94W but typically asked 

during paper Form I–94W processing. 

CBP will use the ESTA application 

information to assess a traveler’s likely 

admissibility and any potential risks to 

the United States. Based on this 

assessment, CBP will either grant or 

deny an ESTA travel authorization, 

which will generally take two hours for 

CBP to complete. If CBP grants an ESTA 

travel authorization, the authorization 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 18975 

17Note that the estimates in this table are based 

on historical VWP traveler arrivals prior to FY 2019. 

Poland officially joined the VWP on November 11, 

2019 (see 84 FR 60316 (November 8, 2019)), and 

Croatia officially joined the VWP on December 1, 

2021 (see 86 FR 54029 (September 30, 2021)), so 

these estimates do not account for VWP travelers 

from Poland or Croatia. A small number of 

temporary business or pleasure visitors from Poland 

and Croatia who would now be eligible for the VWP 

(and subject to this rule) enter the United States at 

land POEs each year. 

18Source: Email correspondence with CBP’s 

Office of Field Operations on March 16, 2016. 

19Source: Correspondence with CBP’s Office of 

Field Operations on November 26, 2018. 

20Source: Email correspondence with CBP’s 

Office of Field Operations on September 11, 2018. 

21About 90 percent of VWP land traveler 

admissions between FY 2013 and FY 2017 occurred 

at U.S. land POEs along the northern border. 

Sources: Email correspondence with CBP’s Office of 

Field Operations on May 17, 2018, and 

correspondence on November 26, 2018. 

will generally be valid for a period of 

two years from the date of issuance 

(barring revocation), meaning that the 

VWP traveler granted the authorization 

may travel to the United States 

repeatedly within a two-year period 

without obtaining another 

authorization. If CBP denies an ESTA 

travel authorization, CBP will refer the 

VWP traveler denied the authorization 

to a U.S. Embassy or Consulate to apply 

to obtain a visa, like in the current paper 

Form I–94W environment. 

If a VWP traveler arrives without an 

advance ESTA travel authorization, CBP 

will generally advise the traveler to 

complete the ESTA application in an 

area outside of the U.S. land POE. In 

this case, the traveler may be permitted 

to withdraw his or her application for 

admission, and once withdrawn, travel 

back to either Canada or Mexico, apply 

for the ESTA authorization there, and 

typically wait two hours to receive his 

or her authorization status. Once 

approved, the traveler can then return to 

a U.S. land POE to apply for admission. 

In addition to fulfilling a statutory 

mandate, this rule will strengthen 

national security through enhanced 

traveler vetting, streamline Form I–94W 

processing through automation, reduce 

inadmissible traveler arrivals, and 

produce a uniform VWP admission 

policy in all U.S. travel environments, 

which will benefit VWP travelers, CBP, 

and the public. 

2. Population Affected by Rule 

This rule will affect VWP travelers, 

CBP, and the public. Due to numerous 

factors that affect travel, CBP uses two 

different projection methods to estimate 

the population of VWP travelers affected 

by this rule over a 10-year period of 

analysis spanning from FY 2019 to FY 

2028. Under these methods, CBP 

estimates that VWP travelers will 

submit between 3.2 million and 4.1 

million ESTA applications for land 

admission during the period of analysis, 

though CBP will deny about 3,200 to 

4,100 of these applications and related 

travel authorizations (see Table 1).17

These denials will be higher with 

ESTA’s enhanced vetting, though the 

extent is unknown.18 Given ESTA’s 

existing requirements in the U.S. air and 

sea environments, some of the 

application figures in Table 1 may 

correspond to travelers who already 

have valid ESTA travel authorizations 

first obtained for travel to the United 

States by air and sea that will allow 

them to avoid completing travel 

authorizations with this rule. However, 

the number of such travelers is 

unknown. 

TABLE 1—PROJECTED ESTA APPLICATIONS WITH RULE

Method 1 (primary estimate)—with rule Method 2—with rule 

Fiscal year 

ESTA 

application 

approvals 

ESTA 

application 

denials 

Total 

ESTA 

applications 

ESTA 

application 

approvals 

ESTA 

application 

denials 

Total 

ESTA 

applications 

2019 ......................................................... 323,504 324 323,828 349,190 350 349,540 

2020 ......................................................... 323,504 324 323,828 359,317 360 359,677 

2021 ......................................................... 323,504 324 323,828 371,894 372 372,266 

2022 ......................................................... 323,504 324 323,828 385,281 386 385,667 

2023 ......................................................... 323,504 324 323,828 398,381 399 398,780 

2024 ......................................................... 323,504 324 323,828 411,926 412 412,338 

2025 ......................................................... 323,504 324 323,828 425,932 426 426,358 

2026 ......................................................... 323,504 324 323,828 440,413 441 440,854 

2027 ......................................................... 323,504 324 323,828 455,870 456 455,843 

2028 ......................................................... 323,504 324 323,828 470,870 471 471,341 

Total .................................................. 3,235,040 3,240 3,238,280 4,068,591 4,073 4,072,664 

Note: Estimates may not sum to total due to rounding. 

CBP plans to conduct extensive 

outreach on ESTA’s requirements in the 

land environment prior to the effective 

date of this rule through electronic 

messaging, informational bulletins, and 

travel partner meetings.19 Nevertheless, 

some VWP travelers may not be fully 

aware of this rule’s requirements when 

traveling to the United States via land. 

CBP estimates that 4 percent of the 

projected ESTA applications in FY 2019 

will correspond to VWP travelers who 

arrive to U.S. land POEs without 

advance ESTA travel authorizations. 

CBP believes that this share will 

decrease to 1 percent of annual ESTA 

applications for FY 2020 through FY 

2028 due to the time and costs 

associated with arriving without an 

ESTA travel authorization and increased 

knowledge of ESTA’s requirements.20

As shown in Table 2, CBP projects that 

42,000 to 51,000 VWP travelers will 

arrive to U.S. land POEs without 

advance ESTA travel authorizations 

over the period of analysis. CBP believes 

that the vast majority of these arrivals 

will occur at U.S. land POEs along the 

northern border based on the relatively 

high volume of VWP traveler arrivals at 

those POEs.21


lotter on DSK11XQN23PROD with RULES1
18976 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 

TABLE 2—PROJECTED ARRIVALS OF VWP TRAVELERS AT U.S. LAND POES WITHOUT ADVANCE ESTA TRAVEL

AUTHORIZATIONS

Method 1 (primary 

estimate)—with rule 

Method 2— 

with rule 

Fiscal year 

Total VWP traveler 

arrivals without advance ESTA travel 

authorizations 

Total VWP traveler 

arrivals without advance ESTA travel 

authorizations 

2019 ......................................................................................................................................................... 12,953 13,982 

2020 ......................................................................................................................................................... 3,238 3,597 

2021 ......................................................................................................................................................... 3,238 3,723 

2022 ......................................................................................................................................................... 3,238 3,857 

2023 ......................................................................................................................................................... 3,238 3,988 

2024 ......................................................................................................................................................... 3,238 4,123 

2025 ......................................................................................................................................................... 3,238 4,264 

2026 ......................................................................................................................................................... 3,238 4,409 

2027 ......................................................................................................................................................... 3,238 4,558 

2028 ......................................................................................................................................................... 3,238 4,713 

Total .................................................................................................................................................. 42,095 51,214 

Note: Estimates may not sum to total due to rounding. 

With this rule, CBP anticipates that 

the nearly 3,200 to 4,100 VWP travelers 

with ESTA application and travel 

authorization denials between FY 2019 

and FY 2028 will forgo travel to the 

United States under the VWP altogether 

because they will be refused admission 

at U.S. land POEs without travel 

authorizations. These ESTA denials will 

result in 3,200 to 4,100 fewer distinct 

and total VWP traveler arrivals than 

projected in the absence of this 

rulemaking. CBP assumes that these 

ESTA denials will only affect the 

number of distinct arrivals anticipated 

with this rule and not the number of 

non-distinct arrivals. CBP estimates that 

the number of non-distinct arrivals of 

VWP travelers with valid departure 

coupons that generally allow for the 

avoidance of secondary processing and 

Form I–94W fee payments with this rule 

will be the same number projected 

without this rule, ranging from 1.0 

million to 1.3 million over the period of 

analysis (see Table 3). The remaining 

3.6 million to 4.6 million VWP land 

traveler arrivals projected with this rule 

will represent distinct arrivals requiring 

CBP’s primary and secondary 

processing and Form I–94W fee 

payments (see Table 3). In total, VWP 

land traveler arrivals are expected to 

reach 4.7 million to 5.9 million during 

the period of analysis with this rule (see 

Table 3). To the extent that the 

application denials with this rule are 

greater than projected, the number of 

total arrivals will be fewer than shown 

in Table 3. 

TABLE 3—PROJECTED ARRIVALS OF VWP TRAVELERS AT U.S. LAND POES WITH RULE

Fiscal year 

Method 1 (primary estimate)—with rule Method 2—with rule 

Distinct 

arrivals 

Non-distinct 

arrivals 

Total 

arrivals 

Distinct 

arrivals 

Non-distinct 

arrivals 

Total 

arrivals 

2019 ......................................................... 363,528 103,824 467,352 392,392 112,068 504,460 

2020 ......................................................... 363,528 103,824 467,352 403,771 115,318 519,089 

2021 ......................................................... 363,528 103,824 467,352 417,904 119,354 537,258 

2022 ......................................................... 363,528 103,824 467,352 432,948 123,651 556,599 

2023 ......................................................... 363,528 103,824 467,352 447,668 127,855 575,523 

2024 ......................................................... 363,528 103,824 467,352 462,889 132,202 595,091 

2025 ......................................................... 363,528 103,824 467,352 478,628 136,696 615,324 

2026 ......................................................... 363,528 103,824 467,352 494,901 141,344 636,245 

2027 ......................................................... 363,528 103,824 467,352 511,727 146,150 657,877 

2028 ......................................................... 363,528 103,824 467,352 529,126 151,119 680,245 

Total .................................................. 3,635,280 1,038,240 4,673,520 4,571,954 1,305,757 5,877,711 

Note: Estimates may not sum to total due to rounding. 

This rule’s impact on CBP operations 

depends on its changes to VWP traveler 

arrivals and processing, whereas its 

effect on the public depends on its 

ability to deter otherwise inadmissible 

VWP travelers from traveling to the 

United States. 

3. Costs of Rule 

CBP will sustain ESTA-related 

maintenance, operation, and 

administration costs with this rule’s 

implementation; however, CBP believes 

that the ESTA application fee collected 

from VWP travelers in the air, sea, and 

land environments will completely 

offset the ESTA Land IFR’s costs to the 

agency. Thus, this rule will not 

introduce any unreimbursed costs to 

CBP. Instead, VWP travelers required to 

complete an ESTA application will bear 

all the direct costs of this rule. As stated 

earlier, this rule will require applicable 

VWP travelers to submit an ESTA 

application, pay the accompanying 

ESTA application fee, and receive a 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 18977 

22Source: U.S. Customs and Border Protection. 

Supporting Statement for Paperwork Reduction Act 

Submission 1651–0111: Arrival and Departure 

Record (Forms I–94, I–94W) and Electronic System 

for Travel Authorization (ESTA). February 12, 2019. 

Available at https://www.reginfo.gov/public/do/

PRAViewDocument?ref_nbr=201810-1651-001. 

Accessed May 22, 2019. 

23 $20.40 hourly time value × 0.3833-hour time 

burden to complete ESTA application = $7.82 

(rounded). CBP bases the $20.40 hourly time value 

for VWP travelers on the U.S. Department of 

Transportation’s (DOT) hourly time value of $20.40 

for all-purpose, intercity travel by surface-modes, 

except high-speed rail. For the purposes of this 

analysis, CBP assumes that the DOT time value, 

reported in 2015 U.S. dollars, would be the same 

for 2019. Source: U.S. Department of 

Transportation, Office of Transportation Policy. The 

Value of Travel Time Savings: Departmental 

Guidance for Conducting Economic Evaluations 

Revision 2 (2016 Update). ‘‘Table 4 (Revision 2— 

2016 Update): Recommended Hourly Values of 

Travel Time Savings.’’ September 27, 2016. 

Available at https://www.transportation.gov/sites/

dot.gov/files/docs/2016%20Revised%20Value

%20of%20Travel%20Time%20Guidance.pdf. 

Accessed June 11, 2018. 

24When CBP applies the average foreign currency 

transaction fee rate to the ESTA application and 

TPA fees, the full ESTA application cost is $14.42 

for travelers granted travel authorizations through 

FY 2020. 

25Sources: U.S. Customs and Border Protection. 

Supporting Statement for Paperwork Reduction Act 

Submission 1651–0111: Arrival and Departure 

Record (Forms I–94, I–94W) and Electronic System 

for Travel Authorization (ESTA). February 12, 2019. 

Available at https://www.reginfo.gov/public/do/ 

PRAViewDocument?ref_nbr=201810-1651-001. 

Accessed May 22, 2019; email correspondence with 

CBP’s Office of Field Operations on November 30, 

2012. 

26Based on the assumed hourly time value for 

VWP travelers of $20.40. $20.40 hourly time value 

× 0.4 hours saved from forgone paper Form I–94W 

application and certain secondary processing time 

burdens = $8.16 (rounded). 

27This includes the time it takes to complete a 

paper Form I–94W (16 minutes, or 0.2667 hours) 

and complete an inadmissible traveler inspection 

(120 minutes, or 2 hours). For the purposes of this 

analysis, CBP assumes that this time burden 

includes any time burdens incurred at a U.S. land 

POE as an inadmissible VWP traveler. This average 

time burden is greater than the time burden for 

VWP travelers who simply arrive to a U.S. land POE 

without an advance ESTA authorization because 

general inadmissibility examinations, such as those 

for travelers who are outright inadmissible due to 

reasons such as criminal history, outstanding 

warrant, or an expired passport, typically require 

examinations that are more thorough and require 

added processing time. Source: Email 

correspondence with CBP’s Office of Field 

Operations on March 16, 2016, correspondence on 

November 26, 2018, and email correspondence on 

May 23, 2019. 

28Based on the assumed hourly time value for 

VWP travelers of $20.40. $20.40 hourly time value 

× 2.2667 hours saved from forgone inadmissible 

arrival time burdens = $46.24 (rounded). 

travel authorization in advance of 

admission at a U.S. land POE. Each 

ESTA application will take a VWP 

traveler an estimated 23 minutes (0.3833 

hours) to complete,22 at a time cost of 

$7.82.23 Depending on whether CBP 

approves or denies an application and 

travel authorization, VWP travelers 

must also pay a $4.00 operational fee, a 

$10.00 Travel Promotion Act fee (for 

approved applications only until FY 

2021), and typically a foreign 

transaction fee with their ESTA 

application.24

VWP travelers who arrive to U.S. land 

POEs without advance travel 

authorizations will incur time, travel, 

toll, and internet access expenses to 

travel to/from Canada and Mexico to 

apply and wait for an ESTA travel 

authorization. These travelers will 

sustain a $36.72 additional CBP 

processing time cost, a $5.78 additional 

Canadian or Mexican entry processing 

time cost, a $4.30 travel cost, and a 

$40.80 authorization wait time cost 

while traveling to/from Canada or 

Mexico to apply and wait for an ESTA 

travel authorization. Approximately 20 

percent of the population of VWP 

travelers projected to arrive to a U.S. 

land POE without an advance ESTA 

travel authorization (see Table 2) will 

also sustain a toll cost of $3.50. 

Additionally, of the VWP travelers 

projected to arrive to a U.S. land POE 

without an advance ESTA travel 

authorization (see Table 2), an estimated 

28 percent will pay a $2.00 fee to use 

an internet-accessible computer to apply 

and wait for their ESTA travel 

authorization. Considering these 

advance ESTA travel authorization and 

wait time costs and the number of VWP 

travelers projected to arrive without 

advance ESTA travel authorizations 

under this alternative, CBP estimates 

that these authorization requirements 

will introduce a total undiscounted cost 

of $4.2 million to VWP travelers 

between FY 2019 and FY 2028 

according to CBP’s primary estimation 

method. 

In total, VWP travelers will sustain 

$49.1 million in undiscounted time, fee, 

and other costs from this rule over the 

period of analysis under Method 1, 

CBP’s primary estimation method. In 

present value terms, this cost to VWP 

travelers, which represents the total cost 

of the rule, will measure $38.5 million 

(using a 7 percent discount rate; see 

Table 4). On an annualized basis, the 

cost of this rule will equal $5.1 million 

under the primary estimation method, 

as shown in Table 4 (using a 7 percent 

discount rate). 

TABLE 4—TOTAL MONETIZED PRESENT VALUE AND ANNUALIZED COSTS OF RULE, FY 2019–FY 2028 

[2019 U.S. dollars] 

3% Discount rate 7% Discount rate 

Present value 

cost 

Annualized 

cost 

Present value 

cost 

Annualized 

cost 

Method 1 (Primary Estimate) ........................................................................... $43,929,986 $4,999,936 $38,529,526 $5,126,858 

Method 2 .......................................................................................................... 53,652,846 6,106,554 46,527,106 6,191,040 

Note: The estimates in this table are contingent upon CBP’s expectations of the population affected by the rule and the discount rates applied. 

4. Benefits of Rule 

ESTA’s Form I–94W automation, 

advance-vetting and travel authorization 

denials, and uniform VWP admission 

policy will offer benefits (including cost 

savings) to VWP travelers, CBP, and the 

public. VWP travelers will experience 

24 minutes (0.4 hours) of time savings 

per distinct arrival from avoided paper 

Form I–94W processing burdens,25 at a 

time cost saving of $8.16.26 Travelers 

denied travel authorizations who choose 

to forgo travel to the United States 

under the VWP will save 136 minutes 

(2.2667 hours) in avoided Form I–94W 

completion time and inadmissible 

inspection time,27 at a time cost saving 

of $46.24, and $6.00 in avoided Form 

I–94W fee costs.28 Together with the 

savings from Form I–94W automation 

and travel that does not occur as a result 

of denied travel authorizations, VWP 

travelers will enjoy $29.8 million in 

undiscounted, monetized cost savings 

from this rule over the period of 

analysis under the primary estimation 

method. VWP travelers will also enjoy 

non-quantified benefits from this rule’s 

uniform admission policy in all U.S. 

travel environments, which may prevent 

some travelers from being denied 

boarding on air or sea carriers because 


lotter on DSK11XQN23PROD with RULES1
18978 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 

29Sources: U.S. Customs and Border Protection. 

Supporting Statement for Paperwork Reduction Act 

Submission 1651–0111: Arrival and Departure 

Record (Forms I–94, I–94W) and Electronic System 

for Travel Authorization (ESTA). February 12, 2019. 

Available at https://www.reginfo.gov/public/do/

PRAViewDocument?ref_nbr=201810-1651-001. 

Accessed May 22, 2019; email correspondence with 

CBP’s Office of Field Operations on November 30, 

2012. 

30 $86.87 fully loaded hourly wage rate for CBP 

officers × 0.1333 hours saved per distinct VWP 

traveler arrival = $11.58 (rounded). CBP bases the 

$86.87 hourly wage on the FY 2019 salary, benefits, 

and non-salary costs (i.e., fully loaded wage) of the 

national average of CBP officer positions. Source of 

wage rate: Email correspondence with CBP’s Office 

of Finance on June 1, 2018. 

31Source: Email correspondence with CBP’s 

Office of Field Operations on March 16, 2016, 

correspondence on November 26, 2018, and email 

correspondence on May 23, 2019. 

32Based on the fully loaded hourly wage rate for 

CBP officers of $86.87. $86.87 fully loaded hourly 

wage rate for CBP officers × 2 hours saved per 

inadmissible traveler inspection avoided = $173.74 

(rounded). 

they do not have an ESTA travel 

authorization. 

Similar to VWP travelers, CBP will 

enjoy 8 minutes (0.1333 hours) of time 

savings per distinct arrival from this 

rule’s Form I–94W automation,29 at a 

time cost saving of $11.58.30 CBP will 

also save 120 minutes (2 hours) in 

avoided traveler inspection time per 

inadmissible traveler inspection 

avoided through ESTA’s 

implementation in the land 

environment,31 at a time cost saving of 

$173.74.32 Overall, this rule’s Form 

I–94W automation and forgone arrivals 

by those denied travel authorizations 

will offer $42.7 million in 

undiscounted, monetized cost savings to 

CBP between FY 2019 and FY 2028 

under the primary estimation method. 

Note that these are not budgetary 

savings—they are savings that CBP will 

dedicate to other agency mission areas, 

such as improving border security or 

expediting the processing of travelers. In 

addition to these monetized benefits, 

ESTA’s advance and robust traveler 

screening process will offer the benefit 

of strengthened national security, which 

the public will enjoy. 

In total, this rule will offer 

undiscounted cost savings totaling $72.5 

million between FY 2019 and FY 2028 

under the primary estimation method. 

When discounted, these savings will 

measure $54.5 million in present value 

and $7.2 million on an annualized basis 

(using a 7 percent discount rate; see 

Table 5). This rule will also strengthen 

national security and introduce a 

uniform VWP admission policy in all 

U.S. travel environments, providing 

non-quantifiable benefits to travelers 

and the public. These estimates vary 

according to the projection method and 

discount rate applied. 

TABLE 5—TOTAL MONETIZED PRESENT VALUE AND ANNUALIZED BENEFITS (COST SAVINGS) OF RULE, FY 2019–FY 2028 

[2019 U.S. dollars] 

3% Discount rate 7% Discount rate 

Present value 

benefit 

Annualized 

benefit 

Present value 

benefit 

Annualized 

benefit 

Method 1 (Primary Estimate) ........................................................................... $63,692,790 $7,249,260 $54,479,874 $7,249,260 

Method 2 .......................................................................................................... 79,452,253 9,042,940 67,252,192 8,948,784 

Note: The estimates in this table are contingent upon CBP’s expectations of the population affected by the rule and the discount rates applied. 

5. Net Impact of Rule 

Table 6 summarizes the monetized 

and non-monetized costs and benefits of 

this rule to VWP travelers, CBP, and the 

public. As shown, the total monetized 

present value net benefit (or net cost 

saving) of this rule is $16.0 million, 

while its annualized net benefit totals 

$2.1 million according to CBP’s primary 

estimation method (using a 7 percent 

discount rate). In addition to these 

monetized impacts, this rule will 

strengthen national security through its 

advance and more robust traveler 

screening process and produce a 

uniform VWP admission policy in all 

U.S. travel environments, though these 

benefits are unmeasured. These 

estimates vary according to the 

projection method and discount rate 

applied. 

TABLE 6—NET BENEFIT OF RULE, FY 2019–FY 2028 

[2019 U.S. dollars] 

3% Discount rate 7% Discount rate 

Present value Annualized Present value Annualized 

Method 1 (Primary Estimate) 

Total Cost: 

Monetized ................................................................................................. $43,929,986 $4,999,936 $38,529,526 $5,126,858 

Non-Monetized, but Quantified ................................................................. ........................ ........................ ........................ ........................

Non-Monetized and Non-Quantified ......................................................... ........................ ........................ ........................ ........................

Total Benefit, Incl. Cost Savings: 

Monetized (Cost Saving) .......................................................................... 63,692,790 7,249,260 54,479,874 7,249,260 

Non-Monetized, but Quantified ................................................................. ........................ ........................ ........................ ........................

Non-Monetized and Non-Quantified ......................................................... Strengthened national security 

and uniform VWP admission 

policy. 

Strengthened national security 

and uniform VWP admission 

policy. 

Monetized (Net Cost Saving) ............................................................ $19,762,805 $2,249,324 $15,950,348 $2,122,403 

Non-Monetized, but Quantified .......................................................... ........................ ........................ ........................ ........................


lotter on DSK11XQN23PROD with RULES1

I I 

I I 
Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 18979 

33CBP uses the number of ESTA applications 

projected in FY 2019 under Method 1 of the 

regulatory impact analysis for this estimate because 

it is CBP’s primary estimation method. 

TABLE 6—NET BENEFIT OF RULE, FY 2019–FY 2028—Continued 

[2019 U.S. dollars] 

3% Discount rate 7% Discount rate 

Present value Annualized Present value Annualized 

Non-Monetized and Non-Quantified .................................................. Strengthened national security 

and uniform VWP admission 

policy. 

Strengthened national security 

and uniform VWP admission 

policy. 

Method 2 

Total Cost: 

Monetized ................................................................................................. $53,652,846 $6,106,554 $46,527,106 $6,191,040 

Non-Monetized, but Quantified ................................................................. ........................ ........................ ........................ ........................

Non-Monetized and Non-Quantified ......................................................... ........................ ........................ ........................ ........................

Total Benefit, Incl. Cost Savings: 

Monetized (Cost Saving) .......................................................................... 79,452,253 9,042,940 67,252,192 8,948,784 

Non-Monetized, but Quantified ................................................................. ........................ ........................ ........................ ........................

Non-Monetized and Non-Quantified ......................................................... Strengthened national security 

and uniform VWP admission 

policy. 

Strengthened national security 

and uniform VWP admission 

policy. 

Monetized (Net Cost Saving) $25,799,407 $2,936,386 $20,725,086 $2,757,744 

Non-Monetized, but Quantified .......................................................... ........................ ........................ ........................ ........................

Non-Monetized and Non-Quantified .................................................. Strengthened national security 

and uniform VWP admission 

policy. 

Strengthened national security 

and uniform VWP admission 

policy. 

Notes: The estimates in this table are contingent upon CBP’s expectations of the population affected by the rule and the discount rates applied. Estimates may not sum to total due to rounding. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.), as amended by the 

Small Business Regulatory Enforcement 

and Fairness Act of 1996, requires an 

agency to prepare and make available to 

the public a regulatory flexibility 

analysis that describes the effect of a 

proposed rule on small entities (i.e., 

small businesses, small organizations, 

and small governmental jurisdictions) 

when the agency is required to publish 

a general notice of proposed rulemaking 

for a rule. Since a general notice of 

proposed rulemaking is not necessary 

for this rule, CBP is not required to 

prepare a regulatory flexibility analysis 

for this rule. 

D. Unfunded Mandates Reform Act of 

1995 

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 

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. Executive Order 13132 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with section 6 of Executive 

Order 13132, DHS has determined that 

this interim final rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

F. Executive Order 12988 Civil Justice 

Reform 

This rule meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988. 

G. Paperwork Reduction Act 

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 the 

Office of Management and Budget 

(OMB). 

OMB-approved collection 1651–0111 

will be amended to reflect the new 

applicants that will be using the ESTA 

website as a result of this interim final 

rule. CBP estimates that this rule will 

result in an additional 323,828 

respondents (ESTA applicants) annually 

and an additional 124,123 burden 

hours.33 Of the 323,828 new ESTA 

respondents, CBP estimates that 323,504 

will receive a travel authorization and 

324 will not. Collection 1651–0111 will 

be revised to reflect the new total 

annual estimates for ESTA as follows: 

Estimated number of annual 

respondents: 23,333,828. 

Estimated number of annual 

responses: 23,333,828. 

Estimated time burden per response: 

23 minutes (0.3833 hours). 

Estimated total annual time burden: 

8,943,856 hours. 

These respondents include new and 

repeat ESTA applicants. Only new 

applicants or applicants whose 

authorization has expired will be 

required to pay the ESTA fee. The 

additional 323,828 ESTA applicants 

introduced with this rule will pay the 

ESTA fee, which will result in an 

additional estimated cost of $4,530,352 

for this collection of information. This 

cost is based on the additional number 

of respondents granted a travel 

authorization through ESTA annually 

(323,504) multiplied by (×) the $14.00 

ESTA fee to apply and receive a travel 

authorization = $4,529,056, plus the 

additional number of respondents 

denied a travel authorization through 

ESTA (324) multiplied by (×) the $4.00 


lotter on DSK11XQN23PROD with RULES1

I I 
18980 Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 

34These costs do not account for foreign 

transaction fees that respondents may incur with 

their ESTA application. 

ESTA operational fee = $1,296, for a 

total of $4,530,352.34

OMB-approved collection 1651–0111 

will also be revised to reflect the 

elimination of CBP’s paper Form I–94W 

for land travelers, which is an 

additional result of this rule. The 

current approved number of estimated 

annual respondents for the paper Form 

I–94W of 941,291 will be removed. 

Respondents will now be categorized 

under ‘‘ESTA’’ on the collection because 

the paper Form I–94W data will now be 

collected electronically through ESTA. 

H. Privacy Interests 

DHS published an ESTA Privacy 

Impact Assessment (PIA) for the interim 

final rule announcing ESTA at air or sea 

ports of entry on June 9, 2008. 

Additionally, at that time, DHS 

prepared a separate System of Record 

Notice (SORN) that was published in 

conjunction with the IFR on June 9, 

2008. DHS has updated these 

documents since that time and the most 

current ESTA PIA and SORN are 

available for viewing at: https://

www.dhs.gov/privacy-documents-uscustoms-and-border-protection. 

List of Subjects 

8 CFR Part 103 

Administrative practice and 

procedure, Authority delegations 

(Government agencies), Freedom of 

information, Immigration, Privacy, 

Reporting and recordkeeping 

requirements, Surety bonds. 

8 CFR Part 212 

Administrative practice and 

procedure, Aliens, Immigration, 

Passport and visas, Reporting and 

recordkeeping requirements. 

8 CFR Part 217 

Air carriers, Aliens, Maritime carriers, 

Passports and visas. 

8 CFR Part 286 

Air carriers, Immigration, Maritime 

carriers, Reporting and recordkeeping. 

Amendments to the Regulations 

For the reasons stated in the 

preamble, DHS is amending 8 CFR parts 

103, 212, 217, and 286 as set forth 

below. 

PART 103—IMMIGRATION BENEFIT 

REQUESTS; USCIS FILING 

REQUIREMENTS; BIOMETRIC 

REQUIREMENTS; AVAILABILITY OF 

RECORDS 

■ 1. The authority citation for part 103 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a; 8 

U.S.C. 1101, 1103, 1304, 1356, 1365b; 31 

U.S.C. 9701; Pub. L. 107–296, 116 Stat. 2135 

(6 U.S.C. 1 et seq.); E.O. 12356, 47 FR 14874, 

15557; 3 CFR, 1982 Comp., p. 166; 8 CFR part 

2; Pub. L. 112–54; 125 Stat. 550; 31 CFR part 

223. 

■ 2. Amend § 103.7 by revising 

paragraph (d)(5) to read as follows: 

§ 103.7 Fees. 

* * * * * 

(d) * * * 

(5) Form I–94W. For issuance of Form 

I–94W or other Nonimmigrant Visa 

Waiver Arrival/Departure record at a 

land border port-of-entry under section 

217 of the Act: $6.00. The term 

‘issuance’ includes, but is not limited to, 

the creation of an electronic record of 

admission or arrival/departure by DHS 

following an inspection performed by a 

CBP officer, which may be provided to 

the nonimmigrant as a printout or other 

confirmation of the electronic record 

stored in DHS systems. 

* * * * * 

PART 212—DOCUMENTARY 

REQUIREMENTS: NONIMMIGRANTS; 

WAIVERS; ADMISSION OF CERTAIN 

INADMISSIBLE ALIENS; PAROLE 

■ 3. The authority citation for part 212 

continues 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); 8 CFR part 2; Pub. 

L. 115–218. 

Section 212.1(q) also issued under section 

702, Pub. L. 110–229, 122 Stat. 754, 854. 

§ 212.1 [Amended] 

■ 4. Amend § 212.1 by removing the 

word ‘‘Pilot’’ from the heading and text 

of paragraph (i). 

PART 217—VISA WAIVER PROGRAM 

■ 5. The authority citation for part 217 

continues to read as follows: 

Authority: 8 U.S.C. 1103, 1187; 8 CFR part 

2. 

§ 217.1 [Amended] 

■ 6. Amend § 217.1 by removing the 

word ‘‘Pilot’’ and removing the 

parenthetical ‘‘(VWPP)’’ and adding in 

its place ‘‘(VWP)’’. 

■ 7. Amend § 217.2 as follows: 

■ a. Remove the word ‘‘Pilot’’ wherever 

it appears; and 

■ b. Revise paragraphs (b)(1) and (c)(2). 

The revisions read as follows: 

§ 217.2 Eligibility. 

* * * * * 

(b) * * * 

(1) General. In addition to meeting all 

of the requirements for the Visa Waiver 

Program specified in section 217 of the 

Act, each applicant must possess a 

valid, unexpired passport issued by a 

designated country and obtain a travel 

authorization via the Electronic System 

for Travel Authorization (ESTA) as 

provided in § 217.5. 

* * * * * 

(c) * * * 

(2) Applicants arriving at land border 

ports of entry. Any Visa Waiver Program 

applicant arriving at a land border port 

of entry must provide evidence to the 

CBP officer of financial solvency and a 

domicile abroad to which the applicant 

intends to return. An applicant arriving 

at a land border port of entry will be 

charged a fee as prescribed in 

§ 103.7(d)(5) of this chapter for issuance 

of Form I–94W, Nonimmigrant Visa 

Waiver Arrival/Departure Form. A 

round-trip transportation ticket is not 

required. 

* * * * * 

§ 217.3 [Amended] 

■ 8. Amend § 217.3(b) by removing the 

word ‘‘Pilot’’. 

■ 9. Amend § 217.5 as follows: 

■ a. Revise paragraphs (a), (b), and (c); 

and 

■ b. Remove and reserve paragraph (g). 

The revisions read as follows: 

§ 217.5 Electronic System for Travel 

Authorization. 

(a) Travel authorization required. 

Each nonimmigrant alien intending to 

travel by air, sea, or land to the United 

States under the Visa Waiver Program 

(VWP) must, within the time specified 

in paragraph (b) of this section, receive 

a travel authorization, which is a 

positive determination of eligibility to 

travel to the United States under the 

VWP via the Electronic System for 

Travel Authorization (ESTA), from CBP. 

In order to receive a travel 

authorization, each nonimmigrant alien 

intending to travel to the United States 

by air, sea, or land under the VWP must 

provide the data elements set forth in 

paragraph (c) of this section to CBP, in 

English, in the manner specified herein, 

and must pay a fee as described in 

paragraph (h) of this section. 

(b) Time—(1) Applicants arriving at 

air or sea ports of entry. Each alien 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 63 / Friday, April 1, 2022 / Rules and Regulations 18981 

falling within the provisions of 

paragraph (a) of this section and 

intending to travel by air or sea to the 

United States under the VWP must 

receive a travel authorization via ESTA 

prior to boarding a carrier destined for 

travel to the United States. 

(2) Applicants arriving at land ports 

of entry. Each alien falling within the 

provisions of paragraph (a) of this 

section and intending to travel by land 

to the United States under the VWP 

must receive a travel authorization via 

ESTA prior to application for admission 

to the United States. 

(c) Required elements. CBP will 

collect such information as the 

Secretary deems necessary to issue a 

travel authorization as reflected in the 

ESTA application. 

* * * * * 

PART 286—IMMIGRATION USER FEE 

■ 10. The authority citation for part 286 

continues to read as follows: 

Authority: 8 U.S.C. 1101, 1103, 1356; Title 

VII of Public Law 110–229; 8 CFR part 2. 

§ 286.9 [Amended] 

■ 11. Amend § 286.9(b)(2) as follows: 

■ a. Remove the word ‘‘Pilot’’; and 

■ b. Add the words ‘‘, as prescribed in 

§ 103.7(d)(5) of this chapter,’’ after 

‘‘Form I–94W’’. 

Alejandro N. Mayorkas, 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–06366 Filed 3–31–22; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0280; Project 

Identifier AD–2021–00504–T; Amendment 

39–21984; AD 2022–06–18] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all The 

Boeing Company Model 767–2C series 

airplanes. This AD was prompted by a 

report of multiple nuisance caution 

‘‘RECIRC SMOKE’’ engine indication 

and crew alerting system (EICAS) 

messages that may occur when water 

accumulates in the alternative 

ventilation system (AVS) duct. This AD 

requires replacing the alternative 

ventilation duct having a certain part 

number with a new part number, and 

for certain airplanes, changing the 

insulation blanket to install the drain 

hose. This AD also prohibits the 

installation of an alternative ventilation 

duct, part number (P/N) 216T2101–704, 

on any airplane. The FAA is issuing this 

AD to address the unsafe condition on 

these products. 

DATES: This AD is effective April 18, 

2022. 

The FAA must receive comments on 

this AD by May 16, 2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0280; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, any comments received, and 

other information. The street address for 

the Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Brandon Lucero, Aerospace Engineer, 

Cabin Safety and Environmental 

Systems Section, FAA, Seattle ACO 

Branch, 2200 South 216th St., Des 

Moines, WA 98198; phone and fax: 206– 

231–3569; email: Brandon.Lucero@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA has received a report 

indicating multiple nuisance caution 

‘‘RECIRC SMOKE’’ EICAS messages that 

may occur when water accumulates in 

the AVS duct. The AVS duct is at a 

lower position than the recirculation 

smoke detector tubing, and therefore, 

there is a potential for water to leak onto 

the AVS duct. Water accumulation in 

the AVS duct can block AVS system 

airflow into the airplane, creating a loss 

of conditioned inflow and result in cold 

or hot flight deck temperatures. This 

condition, if not addressed, could affect 

the flightcrew’s ability to maintain 

continued safe flight and landing. The 

FAA is issuing this AD to address the 

unsafe condition on these products. 

FAA’s Determination 

The FAA is issuing this AD because 

the agency has determined the unsafe 

condition described previously is likely 

to exist or develop in other products of 

the same type design. 

AD Requirements 

This AD requires replacing the 

alternative ventilation duct having P/N 

216T2101–704 with new P/N 

216T2101–707, and for certain 

airplanes, changing the insulation 

blanket to install the drain hose. This 

AD also prohibits the installation of an 

alternative ventilation duct, P/N 

216T2101–704, on any airplane. 

Justification for Immediate Adoption 

and Determination of the Effective Date 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 551 et seq.) authorizes agencies 

to dispense with notice and comment 

procedures for rules when the agency, 

for ‘‘good cause,’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without providing notice and 

seeking comment prior to issuance. 

Further, section 553(d) of the APA 

authorizes agencies to make rules 

effective in less than thirty days, upon 

a finding of good cause. 

There are currently no U.S.-registered 

airplanes affected by this AD. 

Accordingly, notice and opportunity for 

prior public comment are unnecessary, 

pursuant to 5 U.S.C. 553(b)(3). In 

addition, for the foregoing reason(s), the 

FAA finds that good cause exists 

pursuant to 5 U.S.C. 553(d) for making 

this amendment effective in less than 30 

days. 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under ADDRESSES. 

Include Docket No. FAA–2022–0280 

and Project Identifier AD–2021–00504– 

T at the beginning of your comments. 

The most helpful comments reference a 

specific portion of the final rule, explain 

the reason for any recommended 

change, and include supporting data. 

The FAA will consider all comments 

received by the closing date and may 


lotter on DSK11XQN23PROD with RULES1