81 FR 60014 - Agency Information Collection Activities: Arrival and Departure Record (Forms I-94 and I-94W) and Electronic System for Travel Authorization

DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection

Federal Register Volume 81, Issue 169 (August 31, 2016)

U.S. Customs and Border Protection (CBP) of the Department of Homeland Security 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: CBP Form I-94 (Arrival/Departure Record), CBP Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure), and the Electronic System for Travel Authorization (ESTA). This is a proposed extension and revision of an information collection that was previously approved. CBP is proposing that this information collection be extended with a revision to the information collected. This document is published to obtain comments from the public and affected agencies.

[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 60014-60015]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20929]


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DEPARTMENT OF HOMELAND SECURITY

U.S. Customs and Border Protection

[1651-0111]


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

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

ACTION: 30-Day notice and request for comments; revision of an existing 
collection of information.

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SUMMARY: U.S. Customs and Border Protection (CBP) of the Department of 
Homeland Security 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: CBP 
Form I-94 (Arrival/Departure Record), CBP Form I-94W (Nonimmigrant Visa 
Waiver Arrival/Departure), and the Electronic System for Travel 
Authorization (ESTA). This is a proposed extension and revision of an 
information collection that was previously approved. CBP is proposing 
that this information collection be extended with a revision to the 
information collected. This document is published to obtain comments 
from the public and affected agencies.

DATES: Written comments should be received on or before September 30, 
2016 to be assured of consideration.

ADDRESSES: Interested persons are invited to submit written comments on 
this proposed information collection to the Office of Information and 
Regulatory Affairs, Office of Management and Budget. Comments should be 
addressed to the OMB Desk Officer for Customs and Border Protection, 
Department of Homeland Security, and sent via electronic mail to 
[email protected] or faxed to (202) 395-5806.

FOR FURTHER INFORMATION CONTACT: Requests for additional information 
should be directed to Paperwork Reduction Act Officer, U.S. Customs and 
Border Protection, Regulations and Rulings, Office of Trade, 90 K 
Street NE., 10th Floor, Washington, DC 20229-1177, or via email 
([email protected]). Please note contact information provided here is 
solely for questions regarding this notice. Individuals seeking 
information about other CBP programs please contact the CBP National 
Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP 
Web site at https://www.cbp.gov/. For additional help: https://help.cbp.gov/app/home/ search/1.

SUPPLEMENTARY INFORMATION: This proposed information collection was 
previously published in the Federal Register (81 FR 40892) on June 23, 
2016, allowing for a 60-day comment period. This notice allows for an 
additional 30 days for public comments. This process is conducted in 
accordance with 5 CFR 1320.10. CBP invites the general public and other 
Federal agencies to comment on proposed and/or continuing information 
collections pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 
104-13; 44 U.S.C. 3507). The comments should address: (a) Whether the 
collection of information is necessary for the proper performance of 
the functions of the agency, including

[[Page 60015]]

whether the information shall have practical utility; (b) the accuracy 
of the agency's estimates of the burden of the collection of 
information; (c) ways to enhance the quality, utility, and clarity of 
the information to be collected; (d) ways to minimize the burden, 
including the use of automated collection techniques or the use of 
other forms of information technology; and (e) the annual costs to 
respondents or record keepers from the collection of information (total 
capital/startup costs and operations and maintenance costs). The 
comments that are submitted will be summarized and included in the CBP 
request for OMB approval. All comments will become a matter of public 
record. In this document, CBP is soliciting comments concerning the 
following information collection:
    Title: Arrival and Departure Record, Nonimmigrant Visa Waiver 
Arrival/Departure, and Electronic System for Travel Authorization 
(ESTA).
    OMB Number: 1651-0111.
    Form Numbers: I-94 and I-94W.

Abstract

Background

    CBP Forms I-94 (Arrival/Departure Record) and I-94W (Nonimmigrant 
Visa Waiver Arrival/Departure Record) are used to document a traveler's 
admission into the United States. These forms are filled out by aliens 
and are used to collect information on citizenship, residency, 
passport, and contact information. The data elements collected on these 
forms enable DHS to perform its mission related to the screening of 
alien visitors for potential risks to national security and the 
determination of admissibility to the United States. ESTA applies to 
aliens seeking to travel to the United States under the Visa Waiver 
Program (VWP) and requires that VWP travelers provide information 
electronically to CBP before embarking on travel to the United States 
without a visa. Travelers who are entering the United States under the 
VWP in the air or sea environment and who have a travel authorization 
obtained through ESTA are not required to complete the paper Form I-
94W.
    Pursuant to an interim final rule published on March 27, 2013 in 
the Federal Register (78 FR 18457) related to Form I-94, CBP has 
partially automated the Form I-94 process. CBP now gathers data 
previously collected on the paper Form I-94 from existing automated 
sources in lieu of requiring passengers arriving by air or sea to 
submit a paper I-94 upon arrival. Passengers can access and print their 
electronic I-94 via the Web site at www.cbp.gov/I94.
    ESTA can be accessed at: https://esta.cbp.dhs.gov. Samples of CBP 
Forms I-94 and I-94W can be viewed at: http://www.cbp.gov/document/forms/form-i-94-arrivaldeparture-record and http://www.cbp.gov/document/forms/form-i-94w-visa-waiver-arrivaldeparture-record.

Recent Changes

    On December 18, 2015, the President signed into law the Visa Waiver 
Program Improvement and Terrorist Travel Prevention Act of 2015 as part 
of the Consolidated Appropriations Act of 2016. To meet the 
requirements of this new Act, DHS strengthened the security of the VWP 
by enhancing the ESTA application and Form I-94W. In two recent 
emergency submissions under the Paperwork Reduction Act, additional 
questions were added to ESTA and to Form I-94W that request information 
from applicants about countries to which they have traveled on or after 
March 1, 2011; countries of which they are citizens/nationals; 
countries for which they hold passports; and Global Entry Numbers.

Proposed Changes

    DHS proposes to add the following question to ESTA and to Form I-
94W: ``Please enter information associated with your online presence--
Provider/Platform--Social media identifier.'' It will be an optional 
data field to request social media identifiers to be used by highly 
trained CBP personnel for vetting purposes, and applicant contact 
information. Collecting social media identifiers will enhance the 
existing vetting process and provide DHS greater clarity and visibility 
to possible nefarious activity and connections by providing an 
additional selector which analysts and investigators may use to better 
assess ESTA applications. Social media information may be used to 
validate information provided in the ESTA application, such as 
countries visited, purpose of travel, etc. If an applicant chooses not 
to fill out or answer questions regarding social media, the ESTA 
application can still be successfully submitted. If an applicant 
chooses to answer this question, DHS will have visibility of the 
publicly available information on those platforms, consistent with the 
privacy settings the applicant has set on the platforms.
    Current Actions: This submission is being made to extend the 
expiration date with a change to the information collected as a result 
of adding a question about social media to ESTA and to Form I-94W, as 
described in the Abstract section of this document. There are no 
changes to the burden hours or to the information collected on Form I-
94, or the I-94 Web site.
    Type of Review: Revision.
    Affected Public: Individuals, Carriers, and the Travel and Tourism 
Industry.
Form I-94 (Arrival and Departure Record)
    Estimated Number of Respondents: 4,387,550.
    Estimated Time per Response: 8 minutes.
    Estimated Burden Hours: 583,544.
    Estimated Annual Cost to Public: $26,325,300.
I-94 Web Site
    Estimated Number of Respondents: 3,858,782.
    Estimated Time per Response: 4 minutes.
    Estimated Annual Burden Hours: 254,679.
Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure)
    Estimated Number of Respondents: 941,291.
    Estimated Time per Response: 16 minutes.
    Estimated Annual Burden Hours: 251,325.
    Estimated Annual Cost to the Public: $5,647,746.
Electronic System for Travel Authorization (ESTA)
    Estimated Number of Respondents: 23,010,000.
    Estimated Time per Response: 23 minutes.
    Estimated Total Annual Burden Hours: 8,812,830.
    Estimated Annual Cost to the Public: $265,020,000.

    Dated: August 26, 2016.
Seth Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border 
Protection.
[FR Doc. 2016-20929 Filed 8-30-16; 8:45 am]
BILLING CODE 9111-14-P