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[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Notices]
[Pages 3236-3238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00609]

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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[OMB Control Number 1651-0111]

Agency Information Collection Activities; Revision; Arrival and 
Departure Record (Forms I-94, I-94W) and Electronic System for Travel 
Authorization (ESTA)

AGENCY: U.S. Customs and Border Protection (CBP), Department of 
Homeland Security.

ACTION: 60-Day notice and request for comments.

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SUMMARY: The Department of Homeland Security, U.S. Customs and Border 
Protection (CBP) will be submitting the following information 
collection request to the Office of Management and Budget (OMB) for 
review and approval in accordance with the Paperwork Reduction Act of 
1995 (PRA). The information collection is published in the Federal 
Register to obtain comments from the public and affected agencies.

DATES: Comments are encouraged and must be submitted (no later than 
March 17, 2025) to be assured of consideration.

ADDRESSES: Written comments and/or suggestions regarding the item(s) 
contained in this notice must include the OMB Control Number 1651-0111 
in the subject line and the agency name. Please submit written comments 
and/or suggestions in English. Please use the following method to 
submit comments:
    Email. Submit comments to: [email protected].

FOR FURTHER INFORMATION CONTACT: Requests for additional PRA 
information should be directed to Seth Renkema, Chief, Economic Impact 
Analysis Branch, U.S. Customs and Border Protection, Office of Trade, 
Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC 
20229-1177, Telephone number 202-325-0056 or via email 
[email protected]. Please note that the contact information provided 
here is solely for questions regarding this notice. Individuals seeking 
information about other CBP programs should contact the CBP National 
Customer Service Center at 877-227-5511, (TTY) 1-800-877- 8339, or CBP 
website at https://www.cbp.gov/.

SUPPLEMENTARY INFORMATION: CBP invites the general public and other 
Federal agencies to comment on the proposed and/or continuing 
information collections pursuant to the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.). This process is conducted in accordance with 
5 CFR 1320.8. Written comments and suggestions from the public and 
affected agencies should address one or more of the following four 
points: (1) whether the proposed collection of information is necessary 
for the proper performance of the functions of the agency, including 
whether the information will have practical utility; (2) the accuracy 
of the agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (3) suggestions to enhance the quality, utility, and clarity of 
the information to be collected; and (4) suggestions to minimize the 
burden of the collection of information on those who are to respond, 
including through the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology, e.g., permitting electronic submission of 
responses. The comments that are submitted will be summarized and 
included in the request for approval. All comments will become a matter 
of public record.

Overview of This Information Collection

    Title: Arrival and Departure Record and Electronic System for 
Travel Authorization (ESTA).
    OMB Number: 1651-0111.
    Form Number: I-94/I-94W.
    Current Actions: Revision.
    Type of Review: Revision.
    Affected Public: Individuals.
    Abstract: Travelers seeking to enter under the Visa Waiver Program 
(VWP) by air or sea, are required to receive a travel authorization 
through the Electronic System for Travel Authorization (ESTA) prior to 
travel to the United States. ESTA is a mobile and web-based application 
and screening system used to determine whether certain noncitizens are 
eligible to travel to the United States under the VWP in the air, sea, 
and land environments. Travelers who are not eligible to travel under 
VWP may apply for a visa at a U.S. Embassy or Consular Office.
    ESTA was provided for by the Secure Travel and Counterterrorism 
Partnership Act of 2007 (section 711 of the Implementing 
Recommendations of the 9/11 Commission Act of 2007, also known as the 
``9/11 Act,'' Public Law 110-53) which requires that the Secretary of 
Homeland Security, in consultation with the Secretary of State, develop 
and implement an electronic system which shall collect such 
biographical and other information as the Secretary of Homeland 
Security determines necessary to determine, in

[[Page 3237]]

advance of travel, the eligibility of the noncitizen to travel to the 
United States and whether such travel poses a law enforcement or 
security risk.
    The information collected on U.S. Customs and Border Protection 
(CBP) Forms I-94 (Arrival/Departure Record) and I-94W (Nonimmigrant 
Visa Waiver Arrival/Departure Record) are included in the manifest 
requirements imposed by Section 231 of the Immigration and Nationality 
Act (INA). CBP previously required noncitizens to prepare these forms 
while enroute to the United States and presented upon arrival at a sea 
or air port of entry within the United States. It is the duty of the 
master or commanding officer, or authorized agent, owner, or consignee 
of the vessel or aircraft, having any noncitizen on board, to deliver 
lists or manifests of the persons on board such vessel or aircraft to 
CBP officers at the port of arrival. However, now CBP now gathers I-94 
data from existing automated sources such as the Advance Passenger 
Information System (APIS) in lieu of requiring passengers arriving by 
air or sea to submit a paper I-94 upon arrival. Currently, CBP issues 
electronic I-94s to most nonimmigrants entering the United States at 
land border ports of entry. Travelers entering the United States at a 
land border may apply for a provisional electronic I-94 via the I-94 
public website. Travelers can access and print their electronic I-94 
record via the website https://i94.cbp.dhs.gov/I94/#/home. CBP is 
working to fully automate all I-94 processes. Travelers can access and 
print their electronic I-94 record via the website www.cbp.gov/I94www.cbp.gov/I94.
    On December 18, 2015, the President signed into law the Visa Waiver 
Program Improvement and Terrorist Travel Prevention Act of 2015 (``VWP 
Improvement Act'') as part of the Consolidated Appropriations Act, 
2016. To meet the requirements of this new Act, the Department of 
Homeland Security (DHS, or the Department) strengthened the security of 
the VWP through enhancements to the ESTA application and to the Form I-
94W.\1\ Many of the provisions of the new law became effective on the 
date of enactment of the VWP Improvement Act. The Act generally makes 
certain nationals of VWP countries ineligible (with some exceptions) to 
travel to the United States under the VWP, specifically, if the 
noncitizen is, at the time of applying for admission, also a national 
of or has been present at any time on or after March 1, 2022--in Iraq, 
Syria, a country that is designated a state sponsor of terrorism,\2\ or 
any other country of concern as designated by the Secretary of Homeland 
Security.\3\ INA section 217(a)(12)(A).
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    \1\ Note that the Form I-94 is not affected by this change.
    \2\ Countries determined by the Secretary of State to have 
repeatedly provided support for acts of international terrorism are 
generally designated pursuant to three laws: section 1754(c) of the 
National Defense Authorization Act for Fiscal Year 2019 (50 U.S.C. 
4813); section 40 of the Arms Export Control Act (22 U.S.C. 2780); 
and section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
2371).
    \3\ The Act contains exceptions for individuals determined by 
the Secretary of Homeland Security to have been present in these 
countries, ``(i) in order to perform military service in the armed 
forces of a [VWP] program country; or (ii) in order to carry out 
official duties as a full time employee of the government of a [VWP] 
program country.'' INA section 217(a)(12)(B).
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    Previous Revision:
    Visa Waiver Program Designation (VWP): Qatar
    CBP received emergency approval to revise the collection to add 
Qatar into the VWP.
    New Revision:
    CBP has calculated the estimated burden for this information 
collection to account for additional countries added into the Visa 
Waiver Program over the next three years. Pursuant to section 217 of 
the Immigration and Nationality Act (INA), 8 U.S.C. 1187, the 
Secretary, in consultation with the Secretary of State, may designate 
certain countries as VWP countries if certain requirements are met.\4\ 
Once a country has met the requirements and been designated by the 
Secretary as a program country, eligible citizens and nationals of a 
program country may apply for admission to the United States at U.S. 
ports of entry as nonimmigrant visitors for a period of ninety days or 
less for business or pleasure without first obtaining a nonimmigrant 
visa, provided that they are otherwise eligible for admission under 
applicable statutory and regulatory requirements. As an ESTA is 
required for any travel to the United States under the VWP, the 
collection is being updated to include travelers from current VWP 
designated countries and travelers from potentially added designated 
countries over the next three years.
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    \4\ All references to ``country'' or ``countries'' in the laws 
authorizing the VWP are read to include Taiwan. See Taiwan Relations 
Act of 1979, Public Law 96-8, section 4(b)(1) (codified at 22 U.S.C. 
3303(b)(1)) (providing that ``[whenever the laws of the United 
States refer or relate to foreign countries, nations, states, 
governments, or similar entities, such terms shall include and such 
laws shall apply with respect to Taiwan''). This is consistent with 
the United States' one-China policy, under which the United States 
has maintained unofficial relations with Taiwan since 1979.
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    Additionally, CBP intends to update the ESTA application website to 
require applicants to provide a photograph of their face, or 
``selfie'', in addition to the photo of the passport biographical page. 
These photos would be used to better ensure that the applicant is the 
rightful possessor of the document being used to obtain an ESTA 
authorization.
    Currently, applicants are allowed to have a third party apply for 
ESTA on their behalf. While this update would not remove that option, 
third parties, such as travel agents or family members, would be 
required to provide a photograph of the ESTA applicant.
    The ESTA Mobile application currently requires applicants to take a 
live photograph of their face, which is compared to the passport photo 
collected during the ESTA Mobile application process. This change will 
better align the application processes and requirements of ESTA website 
and ESTA Mobile applicants.
    CBP invites the public to comment on both the previously approved 
emergency revision and new proposed revisions.

    Type of Information Collection: Paper I-94.
    Estimated Number of Respondents: 1,782,564.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 1,782,564.
    Estimated Time per Response: 8 minutes.
    Estimated Total Annual Burden Hours: 237,616.

    Type of Information Collection: I-94 website.
    Estimated Number of Respondents: 91,411.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 91,411.
    Estimated Time per Response: 4 minutes.
    Estimated Total Annual Burden Hours: 6,094.

    Type of Information Collection: I-94W.
    Estimated Number of Respondents: 1,138,644.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 1,138,644.
    Estimated Time per Response: 16 minutes.
    Estimated Total Annual Burden Hours: 368,438.

    Type of Information Collection: ESTA Mobile Application.
    Estimated Number of Respondents: 2,172,611.
    Estimated Number of Annual Responses per Respondent: 1.

[[Page 3238]]

    Estimated Number of Total Annual Responses: 2,172,611.
    Estimated Time per Response: 22 minutes.
    Estimated Total Annual Burden Hours: 796,696.

    Type of Information Collection: ESTA website.
    Estimated Number of Respondents: 12,311,462.
    Estimated Number of Annual Responses per Respondent: 1.
    Estimated Number of Total Annual Responses: 12,311,462.
    Estimated Time per Response: 18 minutes.
    Estimated Total Annual Burden Hours: 3,899,040.

    Dated: January 8, 2025.
Seth D Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border 
Protection.
[FR Doc. 2025-00609 Filed 1-13-25; 8:45 am]
BILLING CODE 9111-14-P
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