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Please note that the OMB number and expiration date may not have been determined when this Information Collection Request and associated Information Collection forms were submitted to OMB. The approved OMB number and expiration date may be found by clicking on the Notice of Action link below.
View ICR - OIRA Conclusion
OMB Control No:
1651-0111
ICR Reference No:
201606-1651-004
Status:
Historical Active
Previous ICR Reference No:
201602-1651-004
Agency/Subagency:
DHS/USCBP
Agency Tracking No:
Title:
Arrival and Departure Record
Type of Information Collection:
Revision of a currently approved collection
Common Form ICR:
No
Type of Review Request:
Emergency
Approval Requested By:
08/31/2016
OIRA Conclusion Action:
Approved with change
Conclusion Date:
06/17/2016
Retrieve Notice of Action (NOA)
Date Received in OIRA:
06/17/2016
Terms of Clearance:
Before CBP submits this collection to OMB/OIRA for the thirty day notice and comment period following this emergency approval, CBP will brief OMB on: 1) improvements to data that inform the public burden estimate, government cost information, and general lessons learned since implementation of this emergency approval; 2) their progress toward the inclusion of a customer satisfaction survey (as a part of this collection) aimed at ascertaining the customer friendliness of the new questions and identification of those questions that cause the respondent population the most difficulty; and 3) specific, experienced uses of each of the new questions in identifying the target population outlined in the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015.
Inventory as of this Action
Requested
Previously Approved
Expiration Date
08/31/2016
6 Months From Approved
08/31/2016
Responses
32,197,623
0
32,197,623
Time Burden (Hours)
9,902,378
0
9,495,206
Cost Burden (Dollars)
296,993,046
0
296,993,046
Abstract:
Form I-94 (Arrival/Departure Record) and Form I-94W (Nonimmigrant Visa Waiver Arrival/Departure) are used to document a traveler's admission into the United States. These forms include date of arrival, visa classification and the date the authorized stay expires. The forms are also used by business employers and other organizations to confirm legal status in the United States. The Electronic System for Travel Authorization (ESTA) applies to aliens traveling 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.
Emergency Justfication:
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 law, the Department of Homeland Security (DHS or the Department) is strengthening the security of the VWP through enhancements to the ESTA application and to Form I-94W. Many of the provisions of the new law became effective on the date of enactment of the Act. The Act requires immediate action to implement the provisions that generally make nationals of VWP countries ineligible (with some exceptions) from traveling to the United States under the VWP if the applicant is a dual national of, or has at any time on or after March 1, 2011 been present in, Iraq, Syria, a designated state sponsor of terrorism (currently Iran, Sudan, Syria, Yemen, Libya, or Somalia ), or any other country or area of concern designated by the Secretary of Homeland Security. A delay in implementation has significant national security implications and would put DHS at risk of not being in compliance with these new requirements.
Authorizing Statute(s):
PL:
Pub.L. 111 - 145 9
Name of Law: Travel Promotion Act
US Code:
8 USC 217
Name of Law: Immigration and Nationality Act
PL:
Pub.L. 110 - 53 711
Name of Law: 9/11 Act
US Code:
8 USC 235
Name of Law: Immigration and Nationality Act
US Code:
8 USC 231
Name of Law: Immigration and Nationality Act
Citations for New Statutory Requirements:
None
Associated Rulemaking Information
RIN:
Stage of Rulemaking:
Federal Register Citation:
Date:
Not associated with rulemaking
Federal Register Notices & Comments
Did the Agency receive public comments on this ICR?
No
Number of Information Collection (IC) in this ICR:
4
IC Title
Form No.
Form Name
Arrival and Departure Record I-94
I-94
Arrival/Departure Record
Electronic System for Travel Authorization (ESTA)
I-94 Website
I-94W Nonimmigrant Visa Waiver Arrival/Departure
I-94W
NonImmigrant Visa Waiver Arrival/Departure Record
ICR Summary of Burden
Total Approved
Previously Approved
Change Due to New Statute
Change Due to Agency Discretion
Change Due to Adjustment in Estimate
Change Due to Potential Violation of the PRA
Annual Number of Responses
32,197,623
32,197,623
0
0
0
0
Annual Time Burden (Hours)
9,902,378
9,495,206
0
407,172
0
0
Annual Cost Burden (Dollars)
296,993,046
296,993,046
0
0
0
0
Burden increases because of Program Change due to Agency Discretion:
Yes
Burden Increase Due to:
Miscellaneous Actions
Burden decreases because of Program Change due to Agency Discretion:
No
Burden Reduction Due to:
Short Statement:
The average times per response for the ESTA application was increased from 22 minutes to 23 minutes and the burden hours were increased from 8,421,660 hours to 8,812,830 hours. The average time per response for Form I-94W was increased from 15 minutes to 16 minutes and the burden hours were increased from 235,323 hours to 251,325 hours. The ESTA and I-94W have been revised to include the request for the Global Entry No. and to include the request of information on Yemen, Libya, and Somalia. There are no changes to the burden hours on information collected for Form I-94 or for the I-94 website.
Annual Cost to Federal Government:
$0
Does this IC contain surveys, censuses, or employ statistical methods?
No
Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002?
No
Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]?
No
Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]?
No
Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)?
No
Is this ICR related to the Pandemic Response?
Uncollected
Agency Contact:
Tyrone Huff 202 447-0106 tyrone.huff@associates.dhs.gov
Common Form ICR:
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(a) It is necessary for the proper performance of agency functions;
(b) It avoids unnecessary duplication;
(c) It reduces burden on small entities;
(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;
(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;
(f) It indicates the retention periods for recordkeeping requirements;
(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.
(i) It uses effective and efficient statistical survey methodology (if applicable); and
(j) It makes appropriate use of information technology.
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Certification Date:
06/17/2016
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