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Rules and Regulations Federal Register Vol 32267 Rules and Regulations Federal Register Vol. 80, No. 109 Monday, June 8, 2015 This section of the FEDERAL REGISTER Table of Contents Executive Summary contains regulatory documents having general Prior to implementing the Electronic applicability and legal effect, most of which Executive Summary are keyed to and codified in the Code of I. Background and Purpose System for Travel Authorization Federal Regulations, which is published under A. The Visa Waiver Program (ESTA), international travelers from 50 titles pursuant to 44 U.S.C. 1510. B. The Electronic System for Travel Visa Waiver Program (VWP) countries 1 Authorization (ESTA) were not evaluated, in advance of travel, The Code of Federal Regulations is sold by C. The Fee for Use of ESTA and the Travel for eligibility to travel to the United the Superintendent of Documents. Prices of Promotion Act Fee States under the VWP. In the wake of new books are listed in the first FEDERAL II. Discussion of Comments Submitted in the tragedy of September 11, 2001, REGISTER issue of each week. Response to the Interim Final Rule Congress enacted the Implementing Establishing ESTA and Interim Final Recommendations of the 9/11 Rule Announcing the ESTA Fee Commission Act of 2007, Public Law DEPARTMENT OF HOMELAND A. Overview 110–53. To address this identified SECURITY B. Discussion of Comments 1. Impact on Travel vulnerability of the VWP, section 711 of 8 CFR Part 217 2. Impact on Short Notice Travelers the Implementing Recommendations of 3. Implementation of ESTA the 9/11 Commission Act of 2007 [Docket Nos. USCBP–2008–003 and 4. Plain Language and ESTA Web Site (section 711 of the 9/11 Act), was USCBP–2010–0025; CBP Dec. No. 15–08] Assistance enacted, requiring the Secretary of 5. Internet Concerns and Third Party Homeland Security to implement a RIN 1651–AA72 and RIN 1651–AA83 Applications system that would provide for the 6. The Role of ESTA for VWP Travelers advance screening of international Changes to the Visa Waiver Program 7. In-Transit Travel travelers by allowing DHS to identify To Implement the Electronic System 8. ESTA Enforcement subjects of potential interest before they for Travel Authorization (ESTA) 9. State Department Coordination board a conveyance destined for the Program and the Fee for Use of the 10. ESTA Expansion to Land Arrivals United States. System 11. Impact on Existing Laws and On June 9, 2008, the Department of Agreements Homeland Security (DHS) published an AGENCY: U.S. Customs and Border 12. I–94W Paper Form Protection; DHS. 13. Preclearance Ports and Internet Kiosks interim final rule in the Federal Register (73 FR 32440) announcing the ACTION: Final rule. 14. ESTA Applications at Airports 15. ESTA Validity Period creation of the ESTA program for SUMMARY: This rule adopts as final, with 16. Passport Issues nonimmigrant aliens traveling to the one substantive change, interim 17. Denied Travel Authorization United States by air or sea under the amendments to DHS regulations 18. Expedited Review VWP. On November 13, 2008, DHS published in the Federal Register on 19. ESTA Application Status Notifications published a notice in the Federal June 9, 2008 and August 9, 2010 for Travelers and Carriers Register (73 FR 67354) announcing that regarding the Electronic System for 20. Proof of Travel Authorization ESTA would be mandatory for all VWP 21. Mandatory and Optional Data Elements Travel Authorization (ESTA). ESTA is participants traveling to the United 22. ESTA Interaction With Other Systems the online system through which States at air or sea ports of entry 23. Method of Payment beginning January 12, 2009. nonimmigrant aliens intending to enter 24. ESTA Fee and the Travel Promotion the United States under the Visa Waiver On March 4, 2010, the United States Act (TPA) Fee Capitol Police Administrative Technical Program (VWP) must obtain a travel 25. APA Procedures Corrections Act of 2009, Public Law authorization in advance of travel to the 26. Effective Date United States. The June 9, 2008 interim 27. Privacy 111–145, was enacted. Section 9 of this final rule established ESTA and set the 28. Economic Analysis; Regulatory law, the Travel Promotion Act of 2009 requirements for use for travel through Flexibility Act; Paperwork Reduction (TPA), mandated the Secretary of air and sea ports of entry. The August Act Homeland Security to establish a fee for 9, 2010 interim final rule established the 29. Comments That Are Beyond the Scope the use of ESTA and begin assessing and fee for ESTA. This document addresses of the IFRs collecting the fee. comments received in response to both III. Conclusion 1 rules and some operational A. Regulatory Amendments With respect to all references to ‘‘country’’ or B. Operational Modifications ‘‘countries’’ in this document, it should be noted modifications affecting VWP applicants IV. Statutory and Regulatory Requirements that the Taiwan Relations Act of 1979, Public Law and travelers since the publication of A. Executive Order 13563 and Executive 96–8, Section 4(b)(1), provides that ‘‘[w]henever the the interim rules. laws of the United States refer or relate to foreign Order 12866 countries, nations, states, governments, or similar DATES: This rule is effective on July 8, B. Regulatory Flexibility Act entities, such terms shall include and such laws 2015. C. Unfunded Mandates Reform Act of 1995 shall apply with respect to Taiwan.’’ 22 U.S.C. FOR FURTHER INFORMATION CONTACT: D. Executive Order 13132 3303(b)(1). Accordingly, all references to ‘‘country’’ or ‘‘countries’’ in the Visa Waiver Program Suzanne Shepherd, U.S. Customs and E. Paperwork Reduction Act F. Executive Order 12988 Civil Justice authorizing legislation, Section 217 of the Border Protection, Office of Field Immigration and Nationality Act, 8 U.S.C. 1187, are Reform Operations, at suzanne.m.shepherd@ read to include Taiwan. This is consistent with the G. Privacy United States’ one-China policy, under which the dhs.gov and (202) 344–3710. List of Subjects United States has maintained unofficial relations SUPPLEMENTARY INFORMATION: Regulations with Taiwan since 1979. VerDate Sep<11>2014 15:05 Jun 05, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\08JNR1.SGM 08JNR1 wreier-aviles on DSK5TPTVN1PROD with RULES 32268 Federal Register / Vol. 80, No. 109 / Monday, June 8, 2015 / Rules and Regulations On August 9, 2010, DHS published an Form I–94W Nonimmigrant Visa Waiver ESTA application and paper Form interim final rule in the Federal Arrival/Departure paper form upon I–94W that will allow DHS to collect Register (75 FR 47701) announcing that, arrival in the United States at air and more detailed information about VWP beginning September 8, 2010, a $4 sea ports of entry. Also, VWP travelers travelers by making previously optional ESTA fee would be charged to each who provide an email address to DHS questions mandatory and by adding ESTA applicant to ensure recovery of when they submit their application will questions concerning aliases, the full costs of providing and receive an automated email notification employment, and emergency contact administering the system and an indicating that their ESTA travel information among other data elements. additional $10 TPA fee would be authorization will be expiring soon. These changes are necessary to improve charged to each applicant receiving DHS has also updated the information the screening of travelers before their travel authorization through September on the ESTA Web site to address some admittance into the U.S. All of the 30, 2015.2 of the comments. Additionally, DHS has changes in the referenced notices took DHS received a total of 39 made some changes to the required effect on November 3, 2014. submissions in response to the June 9, ESTA application and paper Form I– This rule is considered an 2008 and August 9, 2010 interim final 94W. rules. Most of these submissions On November 26, 2013, DHS economically significant regulatory contained comments providing support, published a 60-day notice and request action because it will have an annual voicing concerns, highlighting issues, or for comments in the Federal Register effect on the U.S. economy of $100 offering suggestions for modifications to (78 FR 70570) regarding the extension million or more in any one year. Costs the ESTA program. and revision of information collection to U.S. entities include the cost to After review of the comments, this 1651–0111. On February 14, 2014, DHS carriers to modify or develop systems to rule finalizes the June 9, 2008 interim published a 30-day notice and request transmit ESTA information to DHS. final rule regarding the ESTA program for comments in the Federal Register ESTA provides benefits to U.S. and the August 9, 2010 interim final (79 FR 8984) regarding the extension entities by reducing the number of rule regarding the ESTA fee for and revision of that information inadmissible aliens who would arrive in nonimmigrant aliens traveling to the collection. Both notices describe various the United States by more than 40,000 United States by air or sea under the proposed changes to the ESTA per year. This reduces the number of VWP with one substantive regulatory application and paper Form I–94W aliens DHS will have to process in the change allowing the Secretary of questions to make them more United States who would be found to be Homeland Security to adjust ESTA understandable to VWP travelers, inadmissible upon their arrival, reduces travel authorization validity periods on including revisions to the questions the number of inadmissible aliens a per country basis to the three year about communicable diseases, crimes carriers would need to transport back to maximum or to a lesser period of time. involving moral turpitude, engagement their points of origin, and reduces wait This final rule also contains one minor in terrorist activities, fraud, employment times for other international travelers technical change that removes the in the U.S., visa denials, and visa arriving at U.S.
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