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DHS/USCBP RIN: 1651-AB14 Publication ID: Spring 2023 
Title: Implementation of the Electronic System for Travel Authorization (ESTA) at U.S. Land Borders 

This rule would implement the Electronic System for Travel Authorization (ESTA) requirements of the Implementing Recommendations of the 9/11 Commission Act of 2007, for noncitizens who intend to enter the United States under the Visa Waiver Program (VWP) at land ports of entry. Currently, noncitizens from VWP countries must provide certain biographic information to CBP officers at land ports of entry on a paper I-94W Nonimmigrant Visa Waiver Arrival/Departure Record (Form I-94W). Under this rule, these VWP travelers would instead provide this information to CBP electronically through ESTA prior to application for admission to the United States. DHS has already implemented the ESTA requirements for noncitizens who intend to enter the United States under the VWP at air or sea ports of entry. This rule is consistent with Executive Order 14058, which directs agencies to take actions that improve service delivery and customer experience by decreasing administrative burdens, enhancing transparency, and improving the efficiency and effectiveness of government.

Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 212.1    8 CFR 217.2    8 CFR 217.3    8 CFR 217.5    8 CFR 286.9   
Legal Authority: Pub. L. 110-53   
Legal Deadline:  None
Action Date FR Cite
Interim Final Rule  04/01/2022  87 FR 18967   
Interim Final Rule Comment Period End  05/02/2022 
Interim Final Rule Effective  05/02/2022 
Final Rule  12/00/2023 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Macharia Davis
Branch Chief ESTA/EVUS, Admissibility and Passenger Program, Office of Field Operations
Department of Homeland Security
U.S. Customs and Border Protection
1300 Pennsylvania Avenue NW,
Washington, DC 20229
Phone:202 344-2589