Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30769 

income, along with reserve funds and 

interest income, to cover the 

Committee’s budgeted expenses for the 

2021–22 fiscal period. Prior to arriving 

at this budget and assessment rate 

recommendation, the Committee 

discussed various alternatives, 

including maintaining the previous 

assessment rate and increasing the 

assessment rate by a different amount. 

However, the Committee determined 

that the recommended assessment rate, 

along with reserve funds and interest 

income, will adequately fund budgeted 

expenses. 

This rule increases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to growers. However, these 

costs are expected to be offset by the 

benefits derived by the operation of the 

Order. 

The Committee’s meeting was widely 

publicized throughout the Oregon and 

Washington pear industry. All 

interested persons were invited to 

attend the meeting and encouraged to 

participate in Committee deliberations 

on all issues. Like all Committee 

meetings, the June 3, 2021, meeting was 

a public meeting, and all entities, both 

large and small, were able to express 

views on this issue. Finally, interested 

persons were invited to submit 

comments on this rule, including the 

regulatory and information collection 

impacts of this action on small 

businesses. 

In accordance with the Paperwork 

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

Chapter 35), the Order’s information 

collection requirements have been 

previously approved by OMB and 

assigned OMB No. 0581–0189, Fruit 

Crops. No changes in those 

requirements will be necessary as a 

result of this rule. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

Oregon and Washington pear handlers. 

As with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

AMS has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this final rule. 

A proposed rule concerning this 

action was published in the Federal 

Register on November 19, 2021 (86 FR 

64830). Copies of the proposed rule 

were also mailed or sent via email to all 

fresh pear handlers. A copy of the 

proposed rule was made available 

through internet by AMS and Office of 

the Federal Register. A 30-day comment 

period ending December 20, 2021, was 

provided for interested persons to 

respond to the proposal. One comment 

was received in support of the action. 

Accordingly, no changes have been 

made to the rule as proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https:// 

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 927 

Marketing agreements, Pears, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service amends 7 CFR part 927 as 

follows: 

PART 927—PEARS GROWN IN 

OREGON AND WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 927 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 927.236, revise the introductory 

text and paragraphs (a) and (b) to read 

as follows: 

§ 927.236 Fresh pear assessment rate. 

On and after July 1, 2021, the 

following base rates of assessment for 

fresh pears are established for the Fresh 

Pear Committee: 

(a) $0.468 per 44-pound net weight 

standard box or container equivalent for 

any or all varieties or subvarieties of 

fresh pears classified as ‘‘summer/fall’’; 

(b) $0.468 per 44-pound net weight 

standard box or container equivalent for 

any or all varieties or subvarieties of 

fresh pears classified as ‘‘winter’’; and 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2022–10855 Filed 5–19–22; 8:45 am] 

BILLING CODE 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

8 CFR Part 217 

[CBP Dec. 22–08] 

RIN 1651–AB40 

Electronic System for Travel 

Authorization (ESTA) Fee Increase 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Final rule. 

SUMMARY: This document amends 

Department of Homeland Security 

(DHS) regulations pertaining to the 

Electronic System for Travel 

Authorization (ESTA). ESTA is the 

online system through which 

nonimmigrant visitors intending to 

enter the United States under the Visa 

Waiver Program (VWP) at air or sea 

ports of entry must obtain an electronic 

travel authorization in advance of travel 

to the United States. Pursuant to 

updates in Congressional mandates, the 

ESTA travel promotion fee (also referred 

to as the ‘‘authorization charge’’) was 

increased from $10 to $17 and extended 

to 2027. As a result of the increase in 

the travel promotion fee, the fee for an 

approved ESTA (which includes the 

travel promotion fee and a $4 

operational fee) is $21. CBP will begin 

collecting the new fee following the 

effective date of this rule. 

DATES: The final rule is effective May 

20, 2022. 

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: 

I. Background 

A. The 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 


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1The current list of designated VWP countries is 

set forth in 8 CFR 217.2(a). 

2 8 U.S.C. 1187(h)(3)(A). 

3 8 CFR 217.5(f)(2). More information can be 

found in the ‘‘Frequently Asked Questions’’ section 

of the Official ESTA Application website, https:// 

esta.cbp.dhs.gov/ (last accessed Apr. 27, 2022). 

4 8 U.S.C. 1187(h)(3)(B). 

5Public Law 111–145 at sec. 9. 

designate countries for participation in 

the Visa Waiver Program (VWP) if 

certain requirements are met. Eligible 

citizens and nationals of VWP 

countries 1 may apply for admission to 

the United States 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 visa, provided that they 

are otherwise eligible for admission 

under applicable statutory and 

regulatory requirements. Other 

nonimmigrant visitors 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. 

B. The Electronic System for Travel 

Authorization (ESTA) 

On August 3, 2007, the President 

signed into law the Implementing 

Recommendations of the 9/11 

Commission Act of 2007 (9/11 Act), 

Public Law 110–53. 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 to 

collect biographical and other 

information as the Secretary of 

Homeland Security determines 

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.2

On June 9, 2008, DHS published an 

interim final rule in the Federal 

Register (73 FR 32440) announcing the 

creation of the ESTA program for 

nonimmigrant visitors traveling to the 

United States by air or sea under the 

VWP, and regulations have since been 

codified in the Code of Federal 

Regulations (CFR), at 8 CFR 217.5. 

ESTA provided for an automated 

collection of the information required 

on the Form I–94W, Nonimmigrant Visa 

Waiver Arrival/Departure paper form 

(Form I–94W), in advance of travel. 

ESTA is intended to fulfill the statutory 

requirements described in section 711 of 

the 9/11 Act. 

On November 13, 2008, DHS 

published a notice in the Federal 

Register (73 FR 67354) announcing that 

the use of 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. Since that date, VWP travelers 

have been required to receive travel 

authorization through ESTA prior to 

boarding a conveyance destined for an 

air or sea port of entry in the United 

States. Travelers unable to receive 

authorization through ESTA to travel 

under the VWP may still apply for a visa 

to travel to the United States.3

C. The Fee for the Use of ESTA and the 

Travel Promotion Act Fee 

There have been several laws enacted 

that include provisions regarding ESTA 

fees, which have been incorporated into 

the DHS regulations. The relevant 

statutes and prior DHS rules are 

described below. However, some recent 

statutory changes have not yet been 

incorporated into the DHS regulations. 

This rule incorporates those changes. 

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 no later than six 

months after enactment.4 The TPA 

provided that the initial fee consists of 

the sum of ‘‘$10 per travel 

authorization’’ (travel promotion fee) to 

fund the newly authorized Corporation 

for Travel Promotion plus ‘‘an amount 

that will at least ensure recovery of the 

full costs of providing and 

administering the System, as 

determined by the Secretary’’ (known as 

the ‘‘operational fee’’ or the ‘‘processing 

charge’’).5 The TPA authorized 

collection of the $10 travel promotion 

fee through September 30, 2014. On July 

2, 2010, the Homebuyer Assistance and 

Improvement Act of 2010, Public Law 

111–198 at § 5, amended the TPA by 

extending the sunset provision of the 

travel promotion fee and authorizing the 

Secretary to collect this fee through 

September 30, 2015. 

On August 9, 2010, DHS published an 

interim final rule in the Federal 

Register (75 FR 47701) announcing that, 

beginning September 8, 2010, a $4 

operational fee would be charged to 

each ESTA applicant to ensure recovery 

of the full costs of providing and 

administering the system in addition to 

the $10 travel promotion fee that would 

be charged to each applicant receiving 

a travel authorization through 

September 30, 2015. Accordingly, the 

regulations at 8 CFR 217.5(h) were 

amended to provide that until 

September 30, 2015, the fee for an 

approved ESTA was $14, the sum of the 

$10 travel promotion fee and the $4 

operational fee, and that beginning 

October 1, 2015, and after the sunset of 

the travel promotion fee, the fee for 

using ESTA would be just the 

operational fee of $4. 

On December 16, 2014, section 605 of 

the Travel Promotion, Enhancement, 

and Modernization Act of 2014, Public 

Law 113–235, further extended the 

sunset provision of the travel promotion 

fee through September 30, 2020. It did 

not make any changes to the operational 

fee and CBP continues to collect that 

fee. In contrast to the travel promotion 

fee, which is set by Congress, the 

operational fee does not include a 

sunset provision or a statutory amount. 

The Secretary of Homeland Security has 

discretion to determine the operational 

fee amount pursuant to the TPA. CBP 

will reassess the $4 operational fee on 

a regular basis to ensure that it is set at 

a level to fully recover ESTA operating 

costs. Any changes to this operational 

fee with be done through a subsequent 

rulemaking. 

On June 8, 2015, DHS published a 

final rule in the Federal Register (80 FR 

32267) finalizing the June 9, 2008 

interim final rule regarding the ESTA 

program and the August 9, 2010 interim 

final rule regarding the ESTA fee for 

nonimmigrant visitors traveling to the 

United States by air or sea under the 

VWP. Due to oversight, 8 CFR 

217.5(h)(1) was not appropriately 

amended to provide the sunset date of 

September 30, 2020. Nonetheless, in 

accordance with section 217(h)(3)(B) of 

the Immigration and Nationality Act, 8 

U.S.C. 1187(h)(3)(B), CBP continued to 

collect the $10 travel promotion fee. 

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. As a result of this 

provision, the ESTA fee, which includes 

both the travel promotion fee and the $4 

operational fee, was increased to $21. 

CBP will begin collecting the new fee 

following the effective date of this rule. 

Pursuant to the Bipartisan Budget Act of 

2018, this is the ESTA fee through 

September 30, 2027. Beginning on 

October 1, 2027, the ESTA fee will be 

$4. Pursuant to the TPA, the Secretary 

of Homeland Security has discretion to 

determine the operational fee amount. 

CBP will reassess the $4 operational fee 

on a regular basis to ensure that it is set 


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6Northern Arapahoe Tribe v. Hodel, 808 F.2d 

741, 751 (10th Cir. 1987). 

7 Id. 

8 McChesney v. Peterson, 275 F. Supp. 3d. 1123, 

1136 (Neb. 2016). 

9 Id. (citing Combat Veterans for Cong. Political 

Action Comm. v. Fed. Election Comm’n, 795 F.3d 

151, 154 (D.C. Cir. 2015). 

at a level to fully recover ESTA 

operating costs. Any changes to this 

operational fee will be done through a 

separate rulemaking. 

II. Discussion of Regulatory Changes 

This rule updates the ESTA fee 

regulations to incorporate the most 

recent statutory provisions. To 

incorporate the new sunset provision for 

the travel promotion fee contained in 

section 30203(a) of the Bipartisan 

Budget Act of 2018, Public Law 115– 

123, this document amends 8 CFR 

217.5(h)(1) by replacing ‘‘September 30, 

2015’’ with ‘‘September 30, 2027’’. To 

reflect the fact that, after September 30, 

2027, the only ESTA fee will be the 

operational fee, this document amends 

8 CFR 217.5(h)(2) by replacing ‘‘October 

1, 2020’’ with ‘‘October 1, 2027’’. 

To implement the new travel 

promotion fee amount as set forth in 

section 806 of the Further Consolidated 

Appropriations Act of 2020, Public Law 

116–94, this document amends 8 CFR 

217.5(h)(1) by replacing the amount 

‘‘$14.00’’ with ‘‘$21’’ and replacing the 

amount ‘‘$10’’ with ‘‘$17’’. 

Additionally, this document removes 

extraneous decimal points and zeros 

after the references to ‘‘$4’’ throughout 

section 217.5(h). 

III. Inapplicability of Notice and 

Delayed Effective Date 

The Administrative Procedure Act 

(APA) requirements in 5 U.S.C. 553 

govern agency rulemaking procedures. 

Section 553(b) of the APA generally 

requires notice and public comment 

before issuance of a final rule. In 

addition, section 553(d) of the APA 

requires that a final rule have a 30-day 

delayed effective date. The APA, 

however, provides exceptions from the 

prior notice and public comment 

requirement and the delayed effective 

date requirements, when an agency for 

good cause finds that such procedures 

are ‘‘impracticable, unnecessary, or 

contrary to the public interest.’’ See 5 

U.S.C. 553(b)(3)(B), (d)(3). Prior notice 

and comment is ‘‘unnecessary’’ when, 

‘‘so far as the public is concerned,’’ the 

regulatory change is minor or merely 

technical.6 Prior notice and comment 

has also been deemed ‘‘unnecessary’’ 

when there is no need to allow ‘‘affected 

parties an opportunity to participate in 

agency decision making early in the 

process, when the agency is more likely 

to consider alternative ideas,’’ 7 and 

where Congress requires an agency to 

perform a non-discretionary act, and 

where no extent of notice or 

commentary could have altered the 

obligation of the agency.8 Additionally, 

courts have held that when there is a 

Congressionally approved extension to a 

program, further delay in implementing 

that program contravenes the program’s 

purpose.9

In this case, CBP finds that good cause 

exists for dispensing with prior notice 

and public procedure as unnecessary 

because the amendments to the 

regulations are simply conforming 

amendments to reflect statutory changes 

and a non-substantive administrative 

change regarding how the $4 fee is 

referenced in the regulations. 

Specifically, the amendments in this 

document are necessary to reflect the 

changes to the sunset provision 

regarding the travel promotion fee in the 

Bipartisan Budget Act of 2018 and to 

reflect the change to the travel 

promotion fee amount in the Further 

Consolidated Appropriations Act of 

2020. CBP has no discretion in raising 

the fee. 

For the same reasons, CBP finds that 

good cause exists for dispensing with 

the requirement for a delayed effective 

date as provided in 5 U.S.C. 553(d)(3). 

IV. Statutory and Regulatory 

Requirements 

A. Executive Orders 12866 (Regulatory 

Planning and Review) and 13563 

(Improving Regulation and Regulatory 

Review) 

Executive Orders 13563 and 12866 

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 

has been designated a ‘‘significant 

regulatory action’’ that is economically 

significant under section 3(f)(1) of 

Executive Order 12866 as it results in 

transfers of over $100 million in a given 

year. Accordingly, OMB has reviewed 

this regulation. 

The ESTA program pertains to 

nonimmigrant visitors traveling to the 

United States by air or sea under the 

Visa Waiver Program. ESTA provides 

for an automated collection of 

information from these travelers in 

advance of travel. Under the current 

regulations, the ESTA fee is $14 for an 

approved ESTA and consists of both a 

$10 travel promotion fee and a $4 

operational fee. The Bipartisan Budget 

Act of 2018 extended the sunset 

provision for the travel promotion fee to 

2027, and the Further Consolidated 

Appropriations Act of 2020 increased 

the travel promotion fee from $10 to 

$17. As a result of these statutory 

changes, the total fee for an approved 

ESTA has increased from $14 to $21. 

This final rule makes conforming 

amendments to DHS regulations to 

reflect the increase and extension of the 

travel promotion fee. CBP will begin 

collecting the new fee following the 

effective date of this rule. In accordance 

with the statutory changes, CBP could 

collect the new $17 fee even if this 

regulation were not promulgated. This 

rule is being promulgated for 

consistency between the statute and the 

regulations and to minimize the 

confusion any inconsistency would 

cause. Although the effects of the fee 

increase are not a result of this rule, but 

rather a result of the statutory changes, 

we analyze the effects here to inform the 

public of the effect of this fee increase. 

The travel promotion fee is collected 

by CBP, but the fee revenue is not kept 

by CBP or DHS. Instead, up to $100 

million of fee revenue goes to the Travel 

Promotion Fund, which is made 

available to the Corporation for Travel 

Promotion (subject to a matching 

requirement) to carry out its functions. 

Any remaining fee revenue is retained 

by the general fund of the Treasury. As 

annual collections are already over $100 

million before the increase in the fee, all 

of the additional revenue generated by 

this fee increase will be retained by the 

general fund of the Treasury. As the $7 

fee increase is relatively small compared 

to costs involved to travel to the United 

States, CBP anticipates that the fee 

increase will not adversely affect travel 

to the United States. 

Table 1 shows the number of 

approved ESTA applications from fiscal 

year (FY) 2016 to 2021. Prior to the 

COVID pandemic, the average annual 

number of approved ESTA applications 

was approximately 15 million. After FY 

2019, travel decreased substantially, and 

we expect that travel will remain lower 

through FY 2022, though forecasting 

travel coming out of a pandemic is 

difficult. For the purposes of this 

analysis, we project travel returning to 

normal in FY 2022. To the extent that 

it takes longer than that, the effects of 

the fee change will be lower. 


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10The linear trend (ESTA applications = 

14,456,360 + 197,163*(time), time = 1, 2, 3, 4 where 

year 1 is FY 2016, 2 is FY 2017, 3 is FY 2018, 4 

is FY2019, 5 is FY 2022, 6 is FY 2023, etc.) was 

determined based on FY 2016 to 2019 data. Data 

from FY 2020 and 2021 were not used to generate 

the forecasted amounts since travel data from those 

years were severely affected by the COVID–19 

pandemic, including the strict restrictions 

governments imposed on nonessential travel. 

Accordingly, CBP estimates the linear trend for the 

growth in applications for the forecasted period (FY 

2022–2027) beginning from FY 2019 levels. Note 

that projected FY 2022 applications are what we 

expect FY 2020 would have been without the 

COVID–19 pandemic. ESTA is only used for leisure 

and business travel. 

11See OMB Circular A–4. (This analysis is 

performed from a global perspective, and includes 

those individuals who travel to the United States. 

Please note that individuals paying the fee are not 

U.S. citizens or permanent residents.) 

TABLE 1—TOTAL ANNUAL APPROVED

ESTA APPLICATIONS

Fiscal year 

Total 

approved ESTA 

applications 

FY 2016 ............................ 14,601,471 

FY 2017 ............................ 14,894,749 

FY 2018 ............................ 15,115,878 

FY 2019 ............................ 15,184,970 

FY 2020 ............................ 6,312,562 

FY 2021 ............................ 1,259,440 

Total .............................. 67,369,070 

In the absence of any publicly 

available forecast for post-pandemic 

travel, CBP uses an ordinary least 

squares (OLS) linear trend based on prepandemic data to forecast future 

approved ESTA applications once ESTA 

travel returns to pre-pandemic levels. 

Table 2 shows the forecasted future 

approved applications until FY 2027.10

TABLE 2—FUTURE APPROVED ESTA 

APPLICATIONS

[Forecast] 

Fiscal year 

Future 

approved ESTA 

applications 

(forecast) 

FY 2022 ............................ 15,442,174 

FY 2023 ............................ 15,639,336 

FY 2024 ............................ 15,836,499 

FY 2025 ............................ 16,033,661 

FY 2026 ............................ 16,230,824 

FY 2027 ............................ 16,427,987 

Using the forecast and applying the 

proposed $7 increase would result in 

the following forecast of additional 

revenue from the travel promotion fee. 

As shown in Table 3, the corresponding 

revenue forecasted is $108 million in FY 

2022 to approximately $115 million in 

FY 2027. As this fee is not tied to the 

costs of the services provided by ESTA, 

this effect is not a cost but rather a 

transfer 11 of funds from one party to 

another within society. In this case, it is 

a transfer from ESTA travelers to the 

U.S. Government. 

TABLE 3—ANTICIPATED ADDITIONAL FEE REVENUE

[Forecast] 

Fiscal year 

Future 

approved ESTA 

applications 

Fee increase 

amount 

Anticipated 

additional 

fee revenue 

FY 2022 ................................................................................................................................... 15,442,174 $7 $108,095,215 

FY 2023 ................................................................................................................................... 15,639,336 7 109,475,353 

FY 2024 ................................................................................................................................... 15,836,499 7 110,855,491 

FY 2025 ................................................................................................................................... 16,033,661 7 112,235,629 

FY 2026 ................................................................................................................................... 16,230,824 7 113,615,767 

FY 2027 ................................................................................................................................... 16,427,987 7 114,995,906 

Table 4 presents the estimated 

discounted future revenue that would 

result from the fee increase of $7. The 

estimated travel promotion fee revenue 

is discounted at both 3-percent and 7- 

percent. The total revenue generated 

from the fee increase over the six-year 

period of analysis from fiscal year 2022 

to 2027 is expected to be $603,619,432 

after applying a 3-percent discount rate, 

and $539,391,804 using a 7-percent 

discount rate. The annualized amount 

using a 3-percent discount rate is 

$111,426,638, and $111,273,973 using a 

7-percent discount rate. 

TABLE 4—DISCOUNTED ADDITIONAL TRAVEL PROMOTION FEE REVENUE

[Forecast] 

Fiscal year 

(forecast) 

Additional travel 

promotion fee revenue 

(discounted at 3%) 

Additional travel 

promotion fee revenue 

(discounted at 7%) 

2022 ................................................................................................................................................. $104,946,811 $101,023,565 

2023 ................................................................................................................................................. 103,191,020 95,620,013 

2024 ................................................................................................................................................. 101,448,478 90,491,102 

2025 ................................................................................................................................................. 99,719,903 85,624,024 

2026 ................................................................................................................................................. 98,005,959 81,006,472 

2027 ................................................................................................................................................. 96,307,261 76,626,628 

Total .......................................................................................................................................... 603,619,432 530,391,804 

Annualized ....................................................................................................................................... 111,426,638 111,273,973 


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Federal Register / Vol. 87, No. 98 / Friday, May 20, 2022 / Rules and Regulations 30773 

Aside from the increase in fee revenue 

collection, the final rule is not expected 

to increase costs or benefits to the 

Government or any other entity. 

B. 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 this document is not 

subject to the notice and public 

procedure requirements of 5 U.S.C. 553, 

it is not subject to the provisions of the 

Regulatory Flexibility Act. 5 U.S.C. 601 

et seq. 

C. 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 are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

D. Executive Order 13132 

The 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, this rule does not have 

sufficient federalism implications to 

warrant the preparation of a federalism 

summary impact statement. 

E. 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. 

F. Paperwork Reduction Act 

Under the Paperwork Reduction Act, 

an agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information unless the 

collection of information displays a 

valid OMB control number. The 

collection of information in this final 

rule is approved in accordance with the 

requirements of the Paperwork 

Reduction Act under control number 

1651–0111. There are no changes being 

made to the information collection as a 

result of this final rule. 

List of Subjects in 8 CFR Part 217 

Air carriers, Aliens, Maritime carriers, 

Passports and visas. 

Amendments to the Regulations 

For the reasons set forth above, 8 CFR 

part 217 is amended as set forth below. 

PART 217—VISA WAIVER PROGRAM 

■ 1. The authority citation for part 217 

continues to read as follows: 

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

2. 

■ 2. In § 217.5, revise paragraph (h) to 

read as follows: 

§ 217.5 Electronic System for Travel 

Authorization. 

* * * * * 

(h) Fee. (1) Through September 30, 

2027, the fee for an approved ESTA is 

$21, which is the sum of two amounts: 

A $17 travel promotion fee to fund the 

Corporation for Travel Promotion and a 

$4 operational fee to at least ensure 

recovery of the full costs of providing 

and administering the system. In the 

event the ESTA application is denied, 

the fee is $4 to cover the operational 

costs. 

(2) Beginning October 1, 2027, the fee 

for using ESTA is an operational fee of 

$4 to at least ensure recovery of the full 

costs of providing and administering the 

system. 

Alejandro N. Mayorkas 

Secretary, U.S. Department of Homeland 

Security. 

[FR Doc. 2022–10869 Filed 5–19–22; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 355 

[Docket No. FSIS–2020–0013] 

RIN 0583–AD83 

Removal of 9 CFR 355—Certified 

Products for Dogs, Cats, and Other 

Carnivora; Inspection, Certification, 

and Identification as to Class, Quality, 

Quantity, and Condition 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is amending 

its regulations to end the program under 

which FSIS inspectors provide fee-forservice certification that certain foods 

for dogs, cats and other carnivora (pet 

food) are produced under sanitary 

conditions and meet compositional and 

labeling requirements. The certified pet 

food regulations are outdated, and no 

firms are paying for FSIS certification 

services for pet food. Further, the fact 

that both the United States Department 

of Agriculture (USDA) and the U.S. 

Food and Drug Administration (FDA) 

maintain regulations concerning pet 

food has led to industry and consumer 

confusion. Both agencies agreed that 

stakeholders will benefit from the 

simplification of Federal jurisdiction 

over pet food. 

DATES: Effective July 19, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Edelstein, Assistant 

Administrator, Office of Policy and 

Program Development by telephone at 

(202) 205–0495. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 28, 2021, FSIS proposed to 

remove the certified pet food provisions 

(9 CFR part 355) from the regulations 

because they are outdated and no 

companies use the voluntary service. In 

addition, because FDA also maintains 

regulations concerning pet food, the 

FSIS regulations have led to industry 

and consumer confusion (86 FR 40369). 

As FSIS explained in the proposed 

rule, under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), FDA is 

responsible for ensuring that pet food is 

safe for animals, produced under 

sanitary conditions, contains no harmful 

substances, and is truthfully labeled. 

FDA has had authority to regulate pet 

food since the FFDCA was passed in 

1938. FDA does not charge pet food 

producers a fee for any FDA activities 

related to pet food. Individual States 

also regulate and inspect pet food, 

which also minimizes the need for 

FSIS’s program. 

Since 1958, under the Agricultural 

Marketing Act (7 U.S.C. 1622(h)), USDA 

also provided for the voluntary 

certification of pet food as having been 

produced under sanitary conditions and 

meeting compositional and labeling 

requirements. Under the regulations at 9 

CFR part 355, participating facilities pay 

for this certification. The regulations 

governing FSIS certification services for 

pet food have not been substantively 

amended since the 1960s; therefore, the 

requirements are outdated (e.g., 

requirements regarding pet food 

ingredients and the submission of firm 

blueprints). Additionally, the 

regulations allow for certification of 


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