Guam-Commonwealth of the Northern Mariana Islands (CNMI) Visa Waiver Program Automation and Electronic Travel Authorization; Creation of CNMI Economic Vitality & Security Travel Authorization Program (EVS-TAP), 3299-3331 [2024-00645]
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3299
Rules and Regulations
Federal Register
Vol. 89, No. 12
Thursday, January 18, 2024
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 212, 214, and 233
[Docket No. USCBP–2023–0020; CBP Dec.
23–07]
RIN 1651–AB37
Guam-Commonwealth of the Northern
Mariana Islands (CNMI) Visa Waiver
Program Automation and Electronic
Travel Authorization; Creation of CNMI
Economic Vitality & Security Travel
Authorization Program (EVS–TAP)
U.S. Customs and Border
Protection, DHS.
ACTION: Interim final rule; request for
comments.
AGENCY:
This rule amends the
Department of Homeland Security
regulations to require persons intending
to travel to Guam or the Commonwealth
of the Northern Mariana Islands (CNMI)
under the Guam-CNMI Visa Waiver
Program (G–CNMI VWP) to submit
Form I–736 electronically in advance of
travel and receive an electronic travel
authorization prior to embarking on a
carrier for travel to Guam or the CNMI.
Under the current G–CNMI VWP
regulations, a paper U.S. Customs and
Border Protection (CBP) Form I–736 is
presented to CBP upon arrival. This rule
also establishes the CNMI Economic
Vitality & Security Travel Authorization
Program (EVS–TAP) as a restricted subprogram of the G–CNMI VWP. This
program is being established based on
recommendations made pursuant to
consultations between the United States
and the CNMI under Section 902 of the
Covenant to Establish the
Commonwealth of the Northern Mariana
Islands in Political Union with the
United States of America. Once
implemented, the CNMI EVS–TAP will
allow prescreened nationals of the
People’s Republic of China to travel to
the CNMI without a visa under specified
conditions.
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SUMMARY:
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DATES:
Effective date: This interim final rule
is effective September 30, 2024.
Comment date: Comments must be
received by March 18, 2024.
Implementation date: CNMI EVS–
TAP will be implemented 45 days after
publication of a subsequent notification
in the Federal Register.
ADDRESSES: Please submit any
comments, identified by docket number
[USCBP–2023–0020], by the following
method:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Neyda Yejo, Office of Field Operations,
U.S. Customs and Border Protection,
(202) 344–2373, or via email at
Neyda.I.Yejo@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
II. Background
A. Legal Authority
B. Guam-Commonwealth of the Northern
Mariana Islands Visa Waiver Program
(G–CNMI VWP)
1. Current Paper CBP Form I–736 Process
2. Need To Automate the G–CNMI VWP
C. Treatment of Travelers From the
People’s Republic of China (PRC) to the
CNMI
1. Exclusion of PRC From the G–CNMI
VWP
2. Parole
3. Review of U.S. Parole Policies
4. 902 Consultations
a. The Covenant and 902 Consultation
Process
b. Recommendations
c. Implementation of 902 Consultation
Recommendations
III. Overview of Regulatory Changes
IV. G–CNMI VWP Automation and Electronic
Travel Authorization
A. Electronic Travel Authorization
1. Electronic Travel Authorization
Requirement and Transition Period
2. Obtaining Travel Authorization
3. Timeline for Submitting Travel
Authorization Data
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4. Required Travel Authorization Data
Elements
5. Scope of G–CNMI VWP Electronic
Travel Authorization
6. Duration
7. Events Requiring New Travel
Authorization
8. Fee
B. Conforming Amendments
C. Technical Corrections
V. Commonwealth of the Northern Mariana
Islands Economic Vitality & Security
Travel Authorization Program (CNMI
EVS–TAP)
A. CNMI EVS–TAP
1. Description
2. Eligibility
3. Suspension or Discontinuation of
Program
4. Ineligibility Due to Admission Under the
CNMI EVS–TAP
5. Requirements for Transportation Lines
6. Bonding
7. Maintenance of Status—Satisfactory
Departure
8. Inadmissibility and Deportability
9. Electronic Travel Authorization
a. Electronic Travel Authorization
Requirement, Transition Period, and
Impact on Parole
b. Obtaining Travel Authorization
c. Timeline for Submitting Travel
Authorization Data
d. Required Travel Authorization Data
Elements
e. Scope of CNMI EVS–TAP Electronic
Travel Authorization
f. Duration
g. Events Requiring New Travel
Authorization
h. Fee
10. Severability
11. Implementation Date
B. Conforming Amendments and Revision
of CBP Form I–760
VI. Statutory and Regulatory Reviews
A. Administrative Procedure Act
B. Executive Orders 12866 and 13563
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Privacy
F. Paperwork Reduction Act
I. Public Participation
Interested persons are invited to
participate in this rulemaking by
submitting written data, views, or
arguments on all aspects of this interim
final rule. The Department of Homeland
Security (DHS) and CBP also invite
comments that relate to the economic,
environmental, or federalism effects that
might result from this interim final rule.
Comments that will provide the most
assistance to CBP will reference a
specific portion of the interim final rule,
explain the reason for any
recommended change, and include data,
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information, or authority that supports
the recommended change.
II. Background
A. Legal Authority
The Secretary of Homeland Security
(Secretary) has broad authority to
administer and enforce the immigration
and naturalization laws of the United
States. See section 103(a)(1) of the
Immigration and Nationality Act of 1952
(INA) (Pub. L. 82–414, 66 Stat. 163), as
amended (8 U.S.C. 1103(a)(1)); see also
6 U.S.C. 202. The Secretary is
authorized to establish such regulations
as the Secretary deems necessary to
carry out this authority under the
immigration laws. See INA sec.
103(a)(3) (8 U.S.C. 1103(a)(3)). Section
214(a)(1) of the INA specifically
authorizes the Secretary to prescribe
regulations specifying the period of
admission and any conditions for the
admission of nonimmigrants to the
United States (8 U.S.C. 1184(a)(1)).1
The Secretary has authorized the
Commissioner of U.S. Customs and
Border Protection (CBP) to enforce and
administer the immigration laws
relating to the inspection and admission
of noncitizens 2 seeking admission to
the United States, including the
authority to make admissibility
determinations and set the duration,
terms, and conditions of admission. See
Delegation Order 7010.3, II.B.5
(Revision No. 03.1, Incorporating
Change 1) (Nov. 25, 2019).
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B. Guam-Commonwealth of the
Northern Mariana Islands Visa Waiver
Program (G–CNMI VWP)
On May 8, 2008, the Consolidated
Natural Resources Act of 2008 (CNRA),
Public Law 110–229, 122 Stat. 754,
became law. Section 702 of the CNRA
extended, subject to a transition period,
the immigration laws of the United
States to the Commonwealth of the
Northern Mariana Islands (CNMI) 3 and
1 See also sections 402, 1512, and 1517 of the
Homeland Security Act of 2002 (Pub. L. 107–296,
116 Stat. 2142, 2187), as amended (6 U.S.C. 202,
552, and 557) (regarding transfer of authority to
enforce immigration laws and prescribe regulations
necessary to carry out that authority from the
Attorney General to the Secretary).
2 For purposes of this document, CBP uses terms
such as ‘‘traveler,’’ ‘‘individual,’’ and ‘‘noncitizen’’
in place of the term ‘‘alien.’’ However, DHS
regulations continue to use the term ‘‘alien,’’ as
defined by the INA. See INA sec. 101(a)(3) (8 U.S.C.
1101(a)(3)).
3 Section 702(a) of the CNRA. See section 6 of the
Joint Resolution entitled ‘‘A Joint Resolution to
approve the ‘Covenant To Establish a
Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America’,
and for other purposes’’, approved Mar. 24, 1976
(Pub. L. 94–241, 90 Stat. 263), as amended (48
U.S.C. 1806).
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provides for a visa waiver program for
travel to Guam or the CNMI.4
Specifically, section 702(b)(3) of the
CNRA amends the INA to provide for
such visa waiver program, the G–CNMI
VWP, and provides that all necessary
regulations to implement the G–CNMI
VWP shall be promulgated by the
Secretary of Homeland Security, in
consultation with the Secretary of the
Interior and the Secretary of State.5
Section 702(b)(3) of the CNRA directs
that at a minimum the regulations
should include a listing of all countries
whose nationals may participate in the
G–CNMI VWP, except that such
regulations shall provide for a listing of
any country from which the CNMI has
received a significant economic benefit
from the number of visitors for pleasure
within the one-year period preceding
the date of enactment of the CNRA,
unless the Secretary of Homeland
Security determines that such country’s
inclusion on such list would represent
a threat to the welfare, safety, or security
of the United States or its territories.6
Section 702(b)(3) of the CNRA also
provides that the promulgation of such
regulations shall be considered a foreign
affairs function for purposes of 5 U.S.C.
553(a), section 553(a) of the
Administrative Procedure Act (APA),
excepting such regulations from the rule
making requirements, including notice
and comment, detailed in 5 U.S.C. 553.7
Section 702(b)(3) of the CNRA also
provides for the addition of countries to
the G–CNMI VWP, stating that the
Governor of Guam and the Governor of
the CNMI may request the Secretary of
the Interior and the Secretary of
Homeland Security to add a particular
country to the list of countries whose
nationals may obtain a visa waiver
under the G–CNMI VWP, and the
Secretary of Homeland Security may
grant such request after consultation
with the Secretary of the Interior and
the Secretary of State, and may
promulgate regulations with respect to
the inclusion of that country and any
special requirements the Secretary of
Homeland Security, in the Secretary’s
sole discretion, may impose prior to
allowing nationals of that country to
4 Section 702(b) of the CNRA. See sections 212
and 214 of the INA (8 U.S.C. 1182 and 1184).
5 INA sec. 212(l)(1), (3) (8 U.S.C. 1182(l)(1), (3)).
Although section702 (b)(3) of the CNRA also
provides that such regulations shall be promulgated
on or before the 180th day after the date of
enactment of the CNRA, DHS has interpreted this
timeline to only apply to the initial implementing
regulations and that it does not prevent DHS from
promulgating amendments to the regulations under
this section now.
6 INA sec. 212(l)(3) (8 U.S.C. 1182(l)(3)).
7 INA sec. 212(l)(3) (8 U.S.C. 1182(l)(3)).
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obtain the visa waiver under the G–
CNMI VWP.8
On January 16, 2009, DHS, through
CBP, published an interim final rule
(IFR) in the Federal Register (74 FR
2824) replacing the then-existing Guam
Visa Waiver Program with the G–CNMI
VWP and setting forth the requirements
for nonimmigrant visitors seeking
admission into Guam or the CNMI
under the G–CNMI VWP. As directed by
section 702(b)(3) of the CNRA,9 DHS
considered this rulemaking a foreign
affairs function for purposes of section
553(a) of the APA and noted that
consequently DHS was not ‘‘required to
provide prior public notice or an
opportunity to comment.’’ 74 FR at
2829. DHS ‘‘nevertheless provid[ed] the
opportunity for public comments’’ prior
to the implementation date of the G–
CNMI VWP. 74 FR at 2824–5, 2829.
The January 2009 IFR provided that,
beginning June 1, 2009, DHS would
begin the administration and
enforcement of the G–CNMI VWP. 74
FR at 2824, 2829. This program allows
certain nonimmigrant visitors to seek
admission for business or pleasure and
solely for entry into and stay on Guam
or the CNMI without a visa for a period
of authorized stay not to exceed 45 days.
Travelers from the following countries
and geographic areas are eligible to
participate in the G–CNMI VWP:
Australia, Brunei, Hong Kong Special
Administrative Region (Hong Kong),
Japan, Malaysia, Nauru, New Zealand,
Papua New Guinea, Republic of Korea,
Singapore, Taiwan, and the United
Kingdom. 8 CFR 212.1(q)(2)(ii).
On March 31, 2009, the Secretary of
Homeland Security, after the necessary
consultations, announced the delayed
start of the transition period until
November 28, 2009.10 On May 28, 2009,
a technical amendment to the January
2009 IFR was published in the Federal
Register (74 FR 25387), extending the
implementation date of the G–CNMI
VWP from June 1, 2009 to November 28,
2009. DHS noted that, as indicated in
the January 2009 IFR, pursuant to
section 702(b) of the CNRA, the
implementation of the G–CNMI VWP is
considered a foreign affairs function for
purposes of section 553(a) of the APA,
and that accordingly, this technical
amendment to the IFR was statutorily
8 INA
sec. 212(l)(6) (8 U.S.C. 1182(l)(6)).
sec. 212(l)(3) (8 U.S.C. 1182(l)(3)).
10 Section 702(a) of the CNRA provides that the
Secretary of Homeland Security, in consultation
with the Secretary of the Interior, the Secretary of
Labor, the Secretary of State, the Attorney General,
and the Governor of the CNMI, may delay the
transition program effective date for up to 180 days.
122 Stat. at 855 (section 6(a)(3)(A) of Public Law
94–241, as amended (48 U.S.C. 1806(a)(3)(A))).
9 INA
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exempt from the requirements of the
APA. 74 FR at 25387.
On March 23, 2011, another
amendment to the January 2009 IFR was
published as an interim final rule in the
Federal Register (76 FR 16231),
clarifying that individuals holding
British National (Overseas) (BN(O))
passports as a result of their connection
to the Hong Kong Special
Administrative Region (Hong Kong) are
eligible for participation in the G–CNMI
VWP. Again, DHS noted that like the
January 2009 IFR, this 2011 IFR was
implementing the G–CNMI VWP and
should be considered a foreign affairs
function for purposes of section 553(a)
of the APA pursuant to section 702(b) of
the CNRA and exempt from the
requirements of the APA. 76 FR at
16232. Also like the January 2009 IFR,
DHS nevertheless provided the
opportunity for public comments. 76 FR
at 16232.
Executive Order (E.O.) 13936, entitled
‘‘The President’s Executive Order on
Hong Kong Normalization,’’ was issued
on July 14, 2020 (85 FR 43413). The E.O.
reports the President’s determination of
U.S. policy with respect to the treatment
of Hong Kong under U.S. law, and the
President’s order, pursuant to section
202 of the United States-Hong Kong
Policy Act of 1992 (HKPA), to suspend
the application of section 201(a) of the
HKPA to U.S. laws enumerated in the
E.O. Section 1 of the E.O. states that ‘‘[i]t
shall be the policy of the United States
to suspend or eliminate different and
preferential treatment for Hong Kong to
the extent permitted by law and in the
national security, foreign policy, and
economic interest of the United
States.’’ 11 Section 2 of the E.O. lists
statutes targeted by the E.O. and section
2(b) explicitly refers to INA section
212(l) (8 U.S.C. 1182(l)), which is the
statute that authorizes the G–CNMI
VWP.12 Section 3(a) of the E.O. directs
federal agencies to ‘‘commence all
appropriate actions to further the
purposes of this order,’’ including
amending any regulations implementing
the provisions specified earlier in
section 2 of the E.O., and, consistent
with applicable law and executive
orders, under the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq.), which provides
different treatment for Hong Kong as
compared to the PRC.13 The G–CNMI
VWP regulations provide different
treatment for Hong Kong as compared to
the PRC, because under the regulations,
travelers with a connection to Hong
11 85
12 Id.
13 Id.
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1. Current Paper CBP Form I–736
Process
The current process for the G–CNMI
VWP is a paper-based process that
requires travelers to fill out paper CBP
Form I–736, present the form to a carrier
of choice prior to departure and to CBP
upon arrival, and then request
admittance into Guam or the CNMI. See
8 CFR 212.1(q)(1)(v).14 CBP Form I–736
collects biographic and other
information specified by the Secretary
that is necessary to determine the
eligibility of the individual to travel to
Guam or the CNMI under the G–CNMI
VWP, and whether such travel poses a
law enforcement or security risk. The
information from the paper form is not
available to CBP until a traveler arrives
at the Port of Entry (POE). CBP uses the
information collected on the paper CBP
Form I–736 to determine the applicant’s
admissibility under the G–CNMI VWP.
After entry, CBP collects the forms and
then regularly mails batches to a thirdparty contractor for data entry into the
G–CNMI database. The paper forms
must be stored in a storage facility for
nine years to adhere to CBP data
retention policies.
2. Need To Automate the G–CNMI VWP
CBP’s national security strategy
follows a layered approach, including
the pre-vetting of individuals prior to
their travel. This allows the CBP officer
to have all of the information from
systems checks readily available as part
of the officer’s comprehensive
admissibility determination. As
described above, CBP currently relies on
a paper-based process that occurs after
the individual arrives in Guam or the
CNMI. This means that the vetting of the
traveler does not begin until the traveler
presents the form on arrival. The
absence of pre-arrival vetting due to the
lack of automation and submission of a
paper CBP Form I–736 limits CBP’s
ability to implement an essential part of
its national security strategy to pre-vet
individuals arriving in Guam and the
CNMI. Implementation of an automated
process, whereby CBP systems will be
14 While the current regulatory language does not
explicitly require a paper form, the paper-based
process detailed here has been the practice since
the G–CNMI VWP was implemented.
FR 43413, 43414.
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Kong may be eligible to participate in
the G–CNMI VWP, while nationals of
the PRC are not eligible. See 8 CFR
212.1(q)(2)(ii). However, pursuant to
section 1 of the E.O., the U.S.
Government has determined that it is
not in the foreign policy interest of the
United States to eliminate Hong Kong
from the G–CNMI VWP.
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able to automatically cross-check
information submitted electronically by
travelers against law enforcement
databases, will allow CBP to notify
carriers whether passengers attempting
to travel to Guam or the CNMI without
a visa have completed the travel
authorization process, and will serve to
prevent travel from individuals who
may pose a threat to national security or
otherwise likely to be found
inadmissible upon arrival.
Automating the G–CNMI VWP paperbased processes will not only increase
national security, but will also provide
operational and programmatic benefits
to travelers and CBP. For travelers,
automating the Form I–736 will
decrease their wait times upon arrival at
the port of entry, which could lead to
increased overall traveler satisfaction.
For CBP, automating the Form I–736
will allow CBP officers to spend more
time focusing on a traveler’s purpose
and intent, rather than forms processing,
data entry, and hard copy storage. The
transition to a paperless environment
will save CBP time and money.
Migrating from the paper CBP Form I–
736 to the electronic Form I–736
likewise allows CBP to meet operational
requirements such as, but not limited to,
performing data capture, data retrieval,
data sharing, and data security, because
CBP will no longer need to rely on the
transcription of paper forms. Lastly, an
electronic format allows CBP to provide
applicants with email assistance and
online self-help.
C. Treatment of Travelers From the
People’s Republic of China (PRC) to the
CNMI
1. Exclusion of PRC From the G–CNMI
VWP
The PRC is not among the countries
whose nationals are currently eligible
for participation in the G–CNMI VWP.
Although DHS concluded in the January
2009 IFR that travel by Chinese
nationals to the CNMI provides a
‘‘significant economic benefit,’’ as
defined in the CNRA, a prerequisite for
inclusion in the program, DHS also
concluded that political and security
concerns weighed against including
nationals from the PRC in the G–CNMI
VWP.15 For similar reasons, the Russian
Federation (Russia) is also not among
the countries whose nationals are
currently eligible for participation in the
G–CNMI VWP.16 DHS left open the
possibility that nationals from the PRC
and Russia could be included in the G–
CNMI VWP at a later point if additional
15 74
FR at 2826–27.
16 Id.
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security measures were introduced,
such as electronic travel authorization
to screen and approve potential
visitors.17
2. Parole
Although not included in the G–
CNMI VWP, in recognition of the
economic significance of visitors from
the PRC and Russia, on October 21,
2009, former Secretary of Homeland
Security Janet Napolitano announced
that, effective November 28, 2009, DHS
would favorably consider, on a case-bycase basis, requests for discretionary
parole into the CNMI from eligible
nationals of the PRC or Russia who are
temporary visitors for business or
pleasure, pursuant to INA section
212(d)(5) (8 U.S.C. 1182(d)(5)).18
Effective January 15, 2012, this policy
was extended to Russian visitors to
Guam.19
Although parole is an authorized
entry into the United States, it is not an
admission to the United States. INA
secs. 101(a)(13)(B), 212(d)(5)(A) (8
U.S.C. 1101(a)(13)(B), 1182(d)(5)(A)).
Parole may be granted to a noncitizen,
regardless of the noncitizen’s
inadmissibility, as a matter of discretion
‘‘on a case-by-case basis for urgent
humanitarian reasons or significant
public benefit.’’ INA sec. 212(d)(5)(A) (8
U.S.C. 1182(d)(5)(A)).
Under the 2009 and 2012
discretionary parole policies, nationals
of Russia were allowed to enter Guam
and the CNMI and to travel between
Guam and the CNMI, and nationals of
the PRC were allowed to enter the CNMI
for a period of stay up to 45 days,
provided the traveler met certain
conditions developed by CBP, in close
coordination with DHS.20 Pursuant to
17 74
FR at 2827.
Notification to Congress, Oct. 21, 2009;
see CBP Carrier Liaison Program, Important Update
in Entry Requirements Parole for Citizens of the
Russian Federation and the People’s Republic of
China for the CNMI Only, 2009 CLP Bulletin (Nov.
16, 2009), available at https://www.justice.gov/sites/
default/files/eoir/legacy/2014/08/15/CNMI
%20CLP%20Bulletin.pdf (last visited July 20,
2023); see also DHS, Significant Economic Benefit,
Guam-CNMI Visa Waiver Program, https://
www.dhs.gov/guam-cnmi-visa-waiver-program (last
visited July 20, 2023).
19 See CBP Carrier Liaison Program, Important
Update in U.S. Entry Requirements Parole of
Citizens of Russia into Guam, 2011 CLP Bulletin
(Dec. 19, 2011); see also National Media Release,
CBP, Russian Citizens Now Eligible to Travel to
Guam Visa-Free (Jan. 26, 2012), https://
www.cbp.gov/newsroom/national-media-release/
russian-citizens-now-eligible-travel-guam-visa-free
(last visited July 20, 2023).
20 See CBP Carrier Liaison Program, Important
Update in Entry Requirements Parole for Citizens of
the Russian Federation and the People’s Republic
of China for the CNMI Only, 2009 CLP Bulletin
(Nov. 16, 2009), available at https://
www.justice.gov/sites/default/files/eoir/legacy/
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18 DHS
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these policies, nationals of Russia and
the PRC seeking entry without a visa: (1)
must possess a valid, unexpired
machine readable passport; (2) must not
have previously violated the terms of
any prior travel to the United States;
and (3) must present a valid completed
CBP Form I–94, Arrival/Departure
Record, and CBP Form I–736, GuamCNMI Visa Waiver Information.21 Also
pursuant to these policies, visitors
paroled under this authority could not
engage in local employment or labor for
hire and this parole authorization did
not permit travel to another location
within the United States.22 This meant
that nationals of Russia may travel to
Guam and the CNMI only and nationals
of the PRC may travel to the CNMI only.
3. Review of U.S. Parole Policies
On January 25, 2017, former President
Trump signed E.O. 13767, Border
Security and Immigration Enforcement
Improvements, 82 FR 8793 (Jan. 30,
2017),23 which has since been
revoked.24 E.O. 13767 directed the
Secretary of Homeland Security to ‘‘take
appropriate action to ensure that parole
authority under section 212(d)(5) of the
INA (8 U.S.C. 1182(d)(5)) is exercised
only on a case-by-case basis in
accordance with the plain language of
the statute, and in all circumstances
only when an individual demonstrates
2014/08/15/CNMI%20CLP%20Bulletin.pdf (last
visited July 20, 2023); CBP Carrier Liaison Program,
Important Update in U.S. Entry Requirements
Parole of Citizens of Russia into Guam, 2011 CLP
Bulletin (Dec. 19, 2011); CBP, Carrier Information
Guide 10 (2019), available at https://www.cbp.gov/
sites/default/files/assets/documents/2019-Mar/
2019%20Carrier%20Information%20Guide%20%20ENGLISH.pdf (last visited July 20, 2023). See
also DHS, Significant Economic Benefit, GuamCNMI Visa Waiver Program, https://www.dhs.gov/
guam-cnmi-visa-waiver-program (last visited July
20, 2023) (detailing requirements for noncitizens to
be eligible for the parole provision); National Media
Release, CBP, Russian Citizens Now Eligible to
Travel to Guam Visa-Free (Jan. 26, 2012), https://
www.cbp.gov/newsroom/national-media-release/
russian-citizens-now-eligible-travel-guam-visa-free
(last visited July 20, 2023).
21 Id.
22 Id.
23 Available at https://trumpwhitehouse.archives.
gov/presidential-actions/executive-order-bordersecurity-immigration-enforcement-improvements/
(last visited July 20, 2023).
24 President Biden revoked E.O. 13767 on
February 2, 2021, signing E.O. 14010, Creating a
Comprehensive Regional Framework To Address
the Causes of Migration, To Manage Migration
Throughout North and Central America, and To
Provide Safe and Orderly Processing of Asylum
Seekers at the United States Border, 86 FR 8267
(Feb. 5, 2021), available at https://
www.whitehouse.gov/briefing-room/presidentialactions/2021/02/02/executive-order-creating-acomprehensive-regional-framework-to-address-thecauses-of-migration-to-manage-migrationthroughout-north-and-central-america-and-toprovide-safe-and-orderly-processing/ (last visited
July 20, 2023).
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urgent humanitarian reasons or a
significant public benefit derived from
such parole.’’
In compliance with E.O. 13767, and
prior to its revocation by E.O. 14010,
DHS reviewed a broad spectrum of
existing parole policies, including the
parole policies applicable to Guam and
the CNMI. The CNMI requested a 902
Consultation detailed in Section II.C.4.
below to address the impact of this
review on the CNMI. Subsequently, on
September 3, 2019, DHS published a
notice in the Federal Register
announcing that as of October 3, 2019,
DHS was rescinding its policy relating
to the exercise of its discretionary parole
authority for certain nationals of Russia
and no longer giving favorable
consideration to parole requests simply
because the individual was a national of
Russia who was seeking entry into
Guam or the CNMI solely for a
temporary visit for business or pleasure.
84 FR 46029, 46030. However, as noted
in the Federal Register notice, affected
individuals could still apply for parole
pursuant to INA section 212(d)(5) (8
U.S.C. 1182(d)(5)) by filing USCIS Form
I–131 Application for Travel Document,
consistent with the instructions for that
form. 84 FR at 46031. The September
2019 Federal Register notice did not
impact DHS policy relating to the
exercise of discretionary parole
authority for certain PRC nationals.
However, as discussed in Section II.C.4
below, on October 2, 2019, CBP
announced that beginning October 3,
2019, PRC nationals traveling to the
CNMI for the purpose of a temporary
visit for business or pleasure without a
visa would be limited to a period of
parole not to exceed 14 days.25 All other
conditions for PRC nationals traveling to
the CNMI under the 2009 parole policy
described in Section II.C.2 above
continue to apply.
4. 902 Consultations
a. The Covenant and 902 Consultation
Process
The Covenant to Establish the
Commonwealth of the Northern Mariana
Islands in Political Union with the
United States of America (Covenant)
governs relations between the United
States and the CNMI. See Public Law
94–241, 90 Stat. 263; 48 U.S.C. 1801 and
note. Section 902 of the Covenant
provides that the Federal Government of
the United States and the Government
25 See CBP, Carrier Liaison Program, Limit of
Parole of Nationals of the PRC into the CNMI (Oct.
2, 2019), CBP Publication Number 0966–1019,
available at https://www.cbp.gov/sites/default/files/
assets/documents/2019-Nov/20191002%20PRC%20
CNMI%20Parole%20Program.pdf (last visited July
20, 2023).
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of the Northern Mariana Islands ‘‘will
designate special representatives to
meet and consider in good faith such
issues affecting the relationship between
the Northern Mariana Islands and the
United States as may be designated by
either Government and to make a report
and recommendations with respect
thereto.’’ Public Law 94–241, 90 Stat.
263, 276; 48 U.S.C. 1801 note. These
intermittent discussions between the
United States Federal Government and
the CNMI have become known as 902
Consultations.
By letter dated October 19, 2018,
CNMI Governor Ralph DLG Torres
requested that former President Trump
initiate the 902 Consultation process
regarding discretionary parole policies
of DHS.26 This letter identified the
primary issue as the impact of a possible
revocation of the existing parole policy
for PRC nationals would have on the
CNMI’s access to the Chinese tourist
market and how it would imperil the
CNMI’s economic survival.27 On
February 26, 2019, former President
Trump designated Douglas W.
Domenech, U.S. Department of the
Interior Assistant Secretary Insular and
International Affairs, as the Special
Representative for the United States
Federal Government for this 902
Consultation.28 In addition to the
Special Representative, the U.S. Federal
Government team included other highlevel officials from the Department of
the Interior and the Department of State,
as well as other offices.29 Governor
Torres was designated the Special
Representative for the CNMI.30
This 902 Consultation process
involved two rounds of meetings
between the Special Representatives
and their teams on February 26, 2019,
and on April 2–3, 2019.31 These
meetings involved presentation of
position papers, discussion among the
teams, panel presentations, and site
visits.32 After the meetings, the Special
Representatives and their teams
developed mutually agreeable language
for the Report to the President on 902
Consultations Related to the DHS
Discretionary Parole Program (2019
Report).33
26 Report to the President on 902 Consultations
Related to the DHS Discretionary Parole Program
(May 15, 2019), p. 3, available at https://
www.doi.gov/sites/doi.gov/files/uploads/final_902_
report.pdf.
27 Id.
28 Id.
29 Id.
30 Id.
31 Id. p.4
32 Id.
33 Id.
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b. Recommendations
As set forth in the 2019 Report, as a
result of the 902 Consultation process,
both Special Representatives found that
the CNMI’s access to the PRC tourist
market is of critical importance to the
CNMI’s economy and should be
facilitated to the greatest degree
possible, while at the same time
recognizing that national security,
public safety, and immigration concerns
warrant that certain modifications be
made to either the parole system or the
existing G–CNMI VWP.34 With that as a
basis, the Special Representatives
agreed to four recommendations,
provided in the 2019 Report, the first
two of which are relevant to this IFR.35
The first recommendation was to
modify the parole policies with
enhanced security provisions.36 This
modification would reduce the period of
parole for PRC nationals from a
maximum of 45 days to a maximum of
14 days. This modification would also
add electronic screening and vetting
prior to arrival at the port of entry,
allowing for information exchange and
cooperation to combat human
trafficking and unlawful employment.
This modification would be an interim
step until the second recommendation
regarding the creation of the CNMI
EVS–TAP could be implemented.
Existing parole policies would remain
in place until this modification was
enacted, and DHS would work with
CNMI officials to ensure a smooth
transition.
The second recommendation was to
create the CNMI EVS–TAP as a subprogram of the G–CNMI VWP.37 The
Special Representatives noted that the
CNRA provides for the addition of a
country to the G–CNMI VWP and
authorizes the Secretary of Homeland
Security to impose special requirements
on nationals of that country to allow
them to participate in the program, such
as installing an electronic automated
screening platform for use by PRC
nationals entering into the CNMI under
the G–CNMI VWP. INA sec. 212(l)(6) (8
U.S.C. 1182(l)(6)). Thus, the Special
Representatives recommended that DHS
create a restricted travel authorization
program under the authorities of the G–
CNMI VWP and add the PRC to this subprogram. The sub-program, the CNMI
EVS–TAP, would include additional
restrictions that do not currently pertain
to the rest of the G–CNMI VWP. Under
CNMI EVS–TAP, travelers would be
34 Id. p. 9. The 2019 Report is silent on the
CNMI’s access to the Russian tourist market.
35 Id. pp. 9–11.
36 Id. pp. 9–10.
37 Id. p. 10.
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3303
allowed to enter only the CNMI without
a visa, and would not be permitted to
enter Guam, the mainland, or any other
U.S. location. Travelers under the CNMI
EVS–TAP would be subject to electronic
screening and vetting prior to entry. As
discussed in the CNRA, DHS would
explore adding bonding requirements.
Travel authorization under the CNMI
EVS–TAP would be for a maximum of
14 days in lieu of exceptional
circumstances.
c. Implementation of 902 Consultation
Recommendations
As noted above, in accordance with
the first part of the first
recommendation, as of October 3, 2019,
the parole policy for PRC nationals was
modified to reduce the maximum period
of parole from 45 days to 14 days. In
order to meet the second part of the first
recommendation (to modify the parole
policy to include electronic screening
and vetting prior to arrival at the port
of entry as an interim step), CBP is first
implementing an electronic travel
authorization process for the G–CNMI
VWP generally. In this rule, CBP is also
establishing the CNMI EVS–TAP, a
restricted sub-program of the G–CNMI
VWP which includes an electronic
travel authorization process for travelers
from the PRC, under section 702(b)(3) of
the CNRA.38 CBP will implement CNMI
EVS–TAP 45 days after CBP publishes
notification in the Federal Register.
This will satisfy the second 902
Consultation recommendation.
III. Overview of Regulatory Changes
In this rule, promulgated in
consultation with the Secretary of the
Interior and the Secretary of State, DHS
is amending the regulations to establish
an electronic travel authorization
process for individuals traveling to
Guam or the CNMI under the G–CNMI
VWP. DHS is also amending the
regulations to establish the CNMI EVS–
TAP program that will also include an
electronic travel authorization process
for certain nationals of the PRC traveling
to the CNMI. To fully integrate the two
automated systems in an efficient and
cost-effective manner, DHS will
implement the CNMI EVS–TAP program
after the system for G–CNMI VWP
automation is fully operational. This
rule provides the regulatory framework
necessary for automation of the G–CNMI
VWP and to establish CNMI EVS–TAP.
When DHS is ready to fully implement
CNMI EVS–TAP, we will provide
notification in the Federal Register,
which will take effect 45 days after
publication.
38 INA
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Various regulatory changes are
necessary to mandate that G–CNMI
VWP travelers receive electronic travel
authorization and to establish the CNMI
EVS–TAP. The process established
under the current regulations, 8 CFR
212.1(q)(1)(v), requires G–CNMI VWP
travelers to submit a paper CBP Form I–
736; thus, the regulations need to be
amended to require travelers to use an
online version to be submitted predeparture and to receive electronic
travel authorization prior to departure.
CBP must also add regulations to
establish the requirements of the CNMI
EVS–TAP.
IV. G–CNMI VWP Automation and
Electronic Travel Authorization
This IFR requires G–CNMI VWP
travelers to obtain electronic travel
authorization to travel to Guam or the
CNMI prior to embarking on such travel.
To implement this requirement, this IFR
adds a new paragraph (q)(9) to 8 CFR
212.1 titled ‘‘Electronic Travel
Authorization’’ and makes certain
revisions to 8 CFR 212.1(q).
A. Electronic Travel Authorization
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1. Electronic Travel Authorization
Requirement and Transition Period
By requiring a G–CNMI VWP
electronic travel authorization, CBP will
be able to screen travelers seeking to
enter Guam or the CNMI under the G–
CNMI VWP prior to their arrival in
Guam or the CNMI. Individuals
intending to travel under the G–CNMI
VWP will be able to obtain travel
authorization in advance of travel to
Guam or the CNMI. DHS notes that an
electronic authorization to travel to
Guam or the CNMI under the G–CNMI
VWP is not a determination that the
traveler ultimately is admissible to
Guam or the CNMI. That determination
is made by a CBP officer only after an
applicant for admission is inspected by
the CBP officer at a U.S. port of entry.
In addition, a G–CNMI VWP electronic
travel authorization is not a visa. The
grant of a G–CNMI VWP electronic
travel authorization is distinct from the
visa application process. Travel
authorization under the G–CNMI VWP
allows a G–CNMI VWP participant to
travel to Guam or the CNMI and does
not confer on the traveler admissibility
to Guam or the CNMI. Requiring a G–
CNMI VWP electronic travel
authorization allows DHS to identify
potential grounds of ineligibility for
admission before the G–CNMI VWP
traveler embarks on a carrier destined
for Guam or the CNMI.
Requiring a G–CNMI VWP electronic
travel authorization will reduce the
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number of travelers who are determined
to be inadmissible to Guam or the CNMI
during inspection by a CBP officer at a
port of entry, thereby saving, among
other things, the cost of return travel to
the carrier, inspection time, and delays
and inconvenience for the traveler.
Requiring a G–CNMI VWP electronic
travel authorization also will enable
CBP to allocate existing resources more
efficiently to screening passengers at
U.S. ports of entry, thereby facilitating
legitimate travel. Requiring a G–CNMI
VWP electronic travel authorization
increases the amount of information
available to DHS regarding G–CNMI
VWP travelers before such travelers
arrive at U.S. ports of entry; and, by
recommending that travelers submit
such information a minimum of 5 days
in advance of departure, provides DHS
with additional time to screen G–CNMI
VWP travelers destined for Guam or the
CNMI, thus enhancing security by
allowing CBP to conduct pre-vetting and
cross-checking information against law
enforcement databases. Furthermore, it
will allow carriers to know in advance
whether the traveler is approved to
board the conveyance using existing
messaging capabilities between CBP and
the carriers.
The G–CNMI VWP electronic travel
authorization requirement allows DHS
to eliminate the requirement that G–
CNMI VWP travelers be in possession of
a completed and signed paper CBP
Form I–736. Although this rule is
effective on September 30, 2024, in this
rule CBP is incorporating a 60-day
transition period to facilitate travelers
adjusting to the new collection method.
See new 8 CFR 212.1(q)(9)(i). Prior to
September 30, 2024, travelers should
continue to use the paper CBP Form I–
736 or print out the form as they are
doing today. On September 30, 2024,
the 60-day transition period will begin.
During this transition period, travelers
can choose whether to submit the Form
I–736 in advance electronically and
receive prior electronic travel
authorization or to submit the paper
CBP Form I–736 upon arrival.
At the end of the transition period,
the paper CBP Form I–736 will become
obsolete and travelers must input and
submit in advance their personal
information and respond to the
eligibility questions using the new
electronic format Form I–736. See new
8 CFR 212.1(q)(9)(i). The travelers’
information will be pre-screened or
vetted against law enforcement
databases. Based on the results of the
pre-screening, the application will be
approved or denied. The system will
generate a ‘‘board’’ or ‘‘no board’’ status
message to the carrier indicating a
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denied or approved authorization to
board before the flight. The applicant
also receives a message with the
application status: approved, denied,
canceled, or pending. Beginning
November 29, 2024, when the 60-day
transition period ends, carriers must
deny boarding to travelers without an
approved electronic travel
authorization. See new 8 CFR
212.1(q)(5)(iv). All information will be
saved in the newly created G–CNMI
VWP database.
2. Obtaining Travel Authorization
This IFR establishes data fields by
which G–CNMI VWP travelers must
electronically submit to CBP, in advance
of travel to Guam or the CNMI,
including biographic and other
information specified by the Secretary.
The information specified by the
Secretary is necessary to determine the
eligibility of the individual to travel to
Guam or the CNMI under the G–CNMI
VWP and whether such travel poses a
law enforcement or security risk. This is
the same information currently required
on the paper CBP Form I–736, which G–
CNMI VWP travelers must present to a
CBP officer at a port of entry. This IFR
does not impose any new data
collection requirements on air or vessel
carriers. For example, this rule does not
require air carriers to transmit any G–
CNMI VWP electronic travel
authorization data elements on behalf of
travelers to CBP, nor does it require
carriers to submit any additional data.
In determining a traveler’s eligibility
for a G–CNMI VWP electronic travel
authorization, CBP will assess each
application to determine whether the
individual is eligible to travel to Guam
or the CNMI and whether there exists
any law enforcement or security risk in
permitting such travel under the G–
CNMI VWP. The information submitted
by the individual in the travel
authorization application will be
checked by CBP against all appropriate
databases, including, but not limited to,
lost and stolen passport databases and
appropriate watchlists. Additionally, if
a traveler does not provide the
information required or provides false
information in the travel authorization
application or if any evidence exists
indicating that an individual is
ineligible to travel to Guam or the CNMI
under the G–CNMI VWP or that
permitting such travel poses a law
enforcement or security risk, CBP may
deny the application for a travel
authorization. The Secretary, acting
through CBP, retains discretion to
revoke a travel authorization
determination at any time and for any
reason. If a travel authorization
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application is denied, the individual
may still seek to obtain a visa to travel
to Guam or the CNMI from the
appropriate U.S. embassy or consulate.
See INA sec. 221(a)(1)(B) (8 U.S.C.
1201(a)(1)(B)).
3. Timeline for Submitting Travel
Authorization Data
With this IFR after the 60-day
transition period, each nonimmigrant
visitor wishing to travel to Guam or the
CNMI under the G–CNMI VWP must
have a travel authorization prior to
embarking on a carrier. DHS, however,
recommends that G–CNMI VWP
travelers obtain travel authorizations
prior to the time of reservation or
purchase of the ticket, or at least 5 days
before departure to Guam or the CNMI,
in order to facilitate timely departures.
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4. Required Travel Authorization Data
Elements
G–CNMI VWP electronic travel
authorization will collect the same
information currently required on the
paper CBP Form I–736 that is presented
to a CBP officer at a port of entry. This
is the information that the Secretary has
deemed necessary to evaluate whether
an individual is eligible to travel to
Guam or the CNMI under the G–CNMI
VWP and whether such travel poses a
law enforcement or security risk. This
information is already collected through
the CBP Form I–736, which is presented
to CBP when the traveler arrives in
Guam or the CNMI. On the CBP Form
I–736, travelers must provide
biographical data such as name, birth
date, and passport information, as well
as travel information such as flight
information and the address of the
traveler while in Guam or the CNMI.
Travelers must also answer eligibility
questions regarding, for example:
communicable diseases, arrests and
convictions for certain crimes, and
history of visa revocation or
deportation. The information provided
in the Form I–736 is sufficient for CBP
to initially determine if the applicant is
eligible to travel under the G–CNMI
VWP before the individual commences
travel to Guam or the CNMI. Therefore,
DHS has decided to utilize the Form I–
736 data elements by requiring them to
be submitted in advance of travel under
the G–CNMI VWP electronic travel
authorization.
5. Scope of G–CNMI VWP Electronic
Travel Authorization
An approved travel authorization only
allows an individual to board a
conveyance for travel to a U.S. port of
entry in Guam or the CNMI and does
not restrict, limit, or otherwise affect the
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authority of CBP to determine a
traveler’s admissibility to Guam or the
CNMI during inspection at a port of
entry.
6. Duration
In general, each travel authorization
will be valid for a period of no more
than two years. An individual may
travel to Guam or the CNMI repeatedly
within the validity period of the travel
authorization using the same travel
authorization. Travelers whose G–CNMI
VWP electronic travel authorization
applications are approved, but whose
passports will expire in less than two
years, will receive travel authorization
that is valid only until the expiration
date on the passport.
Pursuant to INA section
212(a)(7)(B)(i)(I) (8 U.S.C.
1182(a)(7)(B)(i)(I)) and implementing
regulations at 8 CFR 214.1(a)(3)(i), the
passport of an applicant for admission
must be valid for a minimum of six
months from the expiration date of the
contemplated period of stay. This means
that travelers to the United States,
including to Guam or the CNMI, are
required to be in possession of passports
that are valid for six months beyond the
period of their intended stay. Certain
foreign governments have entered into
agreements with the United States
whereby their passports are recognized
as valid for the return of the bearer to
the country of the foreign-issuing
authority for a period of six months
beyond the expiration date specified in
the passport.39 These agreements have
the effect of extending the validity
period of the foreign passport an
additional six months notwithstanding
the expiration date indicated in the
passport. Thus, citizens of the countries
that have entered into such an
agreement are exempt from the ‘‘sixmonth rule’’ and need only have a
passport valid for their intended period
of stay. Accordingly, the general rule
provided in new 8 CFR
212.1(q)(9)(iv)(A) applies to travelers
who are citizens of countries that have
entered into such an agreement.40
For travelers from countries that have
not entered into such an agreement,41
G–CNMI electronic travel authorizations
will be valid for a period of two years,
as provided by the general rule.
However, travel authorizations for
39 The list of countries which have entered into
such an agreement is available on the Department
of State website at https://fam.state.gov/fam/
09FAM/09FAM040309.html#M403_9_3_B_2 (last
visited July 20, 2023).
40 Id.
41 Id. At this time, Brunei and Nauru are the two
G–CNMI VWP countries that have not entered into
such an agreement with the United States.
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3305
individuals from countries that have not
entered into such an agreement will not
be approved beyond the six months
prior to the expiration date of the
traveler’s passport. Travelers from these
countries whose passports will expire in
six months or less will not receive an
approved G–CNMI VWP electronic
travel authorization.42
The Secretary, in consultation with
the Secretary of the Interior and the
Secretary of State, may increase or
decrease the G–CNMI VWP travel
authorization validity period for a
designated G–CNMI VWP country or
geographic area. See INA sec. 212(l)(3)
(8 U.S.C. 1182(l)(3)). Notice of any
change to the G–CNMI VWP travel
authorization validity periods will be
published in the Federal Register. In
addition, CBP will update the G–CNMI
VWP website to reflect any changes to
a G–CNMI VWP country or geographic
area’s specific G–CNMI VWP travel
authorization validity period.
7. Events Requiring New Travel
Authorization
A G–CNMI VWP traveler must obtain
a new electronic travel authorization in
advance of travel to Guam or the CNMI
within the validity period of the
traveler’s current travel authorization if
any of the following occurs:
(1) The traveler is issued a new
passport;
(2) The traveler’s name changes;
(3) The traveler’s gender changes;
(4) The traveler’s country of
citizenship changes; or
(5) The circumstances underlying the
traveler’s previous responses to any of
the G–CNMI VWP electronic travel
authorization application questions
requiring a ‘‘yes’’ or ‘‘no’’ response
(eligibility questions) have changed.
8. Fee
At this time, payment of a fee will not
be required to obtain a travel
authorization. If DHS determines at a
later time, however, that collection of a
fee is necessary for the efficient
administration of the G–CNMI VWP
electronic travel authorization
requirement, DHS will implement a fee
through a separate rulemaking action or
such other manner as is consistent with
the Administrative Procedure Act and
applicable statutory authorities.
B. Conforming Amendments
Additionally, this IFR makes several
changes to 8 CFR 212.1(q) to account for
automation of Form I–736 and the
42 Id. See INA sec. 212(a)(7)(B)(i)(I) (8 U.S.C.
1182(a)(7)(B)(i)(I)) and implementing regulations at
8 CFR 214.1(a)(3)(i).
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electronic travel authorization
requirement in the new paragraph (q)(9).
In the list of eligibility requirements in
paragraph (q)(1), paragraph (q)(1)(v) is
revised to incorporate the 60-day
transition period and add the
requirement for travelers to have
received electronic travel authorization
prior to embarking on a carrier pursuant
to the new 8 CFR 212.1(q)(9) beginning
November 29, 2024. Similarly, in the list
of requirements for transportation lines
in paragraph (q)(5), paragraph (q)(5)(iv)
is revised to incorporate the 60-day
transition period and add the
requirement that transportation lines
transport travelers who have received
electronic travel authorization pursuant
to the new 8 CFR 212.1(q)(9) beginning
November 29, 2024. Also, in paragraph
(q)(5) regarding requirements for
transportation lines, a cross-reference to
8 CFR 1.4 is added to the end of
paragraph (q)(5)(v), requiring
transportation lines to transport a
traveler in possession of a completed I–
94, Arrival-Departure Record (CBP Form
I–94). The cross-referenced section 1.4
states that the definition of Form I–94
includes the electronic format and that
the terms ‘‘completed and signed’’
‘‘include, but are not limited to, DHS
completing its collection of information
into its electronic record of admission,
or arrival/departure.’’ See 8 CFR 1.4(b).
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C. Technical Corrections
This IFR also makes several technical
corrections to 8 CFR 212.1(q). First, the
G–CNMI VWP eligibility requirement
for residents of Taiwan to possess a
Taiwan National Identity Card and a
valid Taiwan passport with a valid reentry permit issued by the Taiwan
Ministry of Foreign Affairs is moved
from paragraph (q)(1)(xi) to the other list
of eligibility requirements for those with
a connection to Taiwan in paragraph
(q)(2)(ii)(B). This change consolidates all
the G–CNMI VWP eligibility
requirements for those with a
connection to Taiwan to one location.
Second, in paragraph (q)(4), the heading
‘‘Ineligibility due to admission under
the Guam-CNMI Visa Waiver Program’’
is added for clarification. Third, in
paragraph (q)(7), the extraneous
paragraph designation between the
headings ‘‘Maintenance of status—’’ and
‘‘Satisfactory departure.’’ is removed so
that the heading reads ‘‘Maintenance of
status—satisfactory departure.’’ Fourth,
in paragraphs (q)(7) and (q)(8)(ii)(A), the
words ‘‘his or her’’ are replaced with the
gender neutral ‘‘the alien’s’’ or ‘‘the
officer’s’’ as applicable. Finally, in
paragraph (q)(8)(ii)(B), the reference to
‘‘paragraph (b)(1)’’ is replaced with the
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correct reference to ‘‘paragraph
(q)(8)(ii)(A).’’
V. Commonwealth of the Northern
Mariana Islands Economic Vitality &
Security Travel Authorization Program
(CNMI EVS–TAP)
This IFR also creates the CNMI EVS–
TAP as a restricted sub-program of the
G–CNMI VWP, under the CNRA and
pursuant to consultations under Section
902 of the Covenant. As noted above in
Section II.B., section 702(b)(3) of the
CNRA provides for the addition of
countries to the G–CNMI VWP, stating
that the Governor of Guam and the
Governor of the CNMI may request the
Secretary of the Interior and the
Secretary of Homeland Security to add
a particular country to the list of
countries whose nationals may obtain a
visa waiver under the G–CNMI VWP,
and the Secretary of Homeland Security
may grant such request after
consultation with the Secretary of the
Interior and the Secretary of State, and
may promulgate regulations with
respect to the inclusion of that country
and any special requirements the
Secretary of Homeland Security, in the
Secretary’s sole discretion, may impose
prior to allowing nationals of that
country to obtain the visa waiver under
the G–CNMI VWP.43 DHS considers
these request and consultation
requirements of the CNRA to have been
fulfilled by the 902 Consultations
process discussed above in Section
II.C.4. In the Secretary’s discretion, and
in accordance with the applicable
recommendation from the 902
Consultations, DHS is promulgating
regulations with respect to the inclusion
of the PRC in obtaining a visa waiver,
imposing the special requirements of
the CNMI EVS–TAP, a restricted subprogram of the G–CNMI VWP. The
CNMI EVS–TAP will allow certain
prescreened nationals of the PRC to
travel without a visa to the CNMI only.
To establish the CNMI EVS–TAP, a new
paragraph (r) is added to 8 CFR 212.1.
This rule also makes several conforming
amendments to the regulations to
account for the CNMI EVS–TAP.
A. CNMI EVS–TAP
1. Description
The CNRA authorizes the Secretary to
allow a noncitizen to enter Guam or the
CNMI as a nonimmigrant visitor for
business or pleasure for a period not to
exceed 45 days if the Secretary of
Homeland Security, after consultation
with the Secretaries of State and the
Interior, and the Governors of Guam and
the CNMI, determines that: (i) adequate
arrival and departure control systems
have been developed in Guam and the
CNMI, and (ii) such a waiver does not
represent a threat to the welfare, safety,
or security of the United States or its
territories and commonwealths. INA
sec. 212(l)(1) (8 U.S.C. 1182(l)(1)). The
requirements for the G–CNMI VWP are
set forth in 8 CFR 212.1(q). As detailed
above, the CNRA also provides for the
addition of countries to the list of those
whose nationals may obtain a visa
waiver, with any special requirements
the Secretary may impose. INA sec.
212(l)(6) (8 U.S.C. 1182(l)(6)). As
discussed above in Section II.C.4., the
902 Consultations resulted in the
recommendation that the CNMI EVS–
TAP be created under the CNRA as a
sub-program of the G–CNMI VWP. As
set forth in new 8 CFR 212.1(r)(1), the
CNMI EVS–TAP is a restricted travel
authorization sub-program of the G–
CNMI VWP that allows a nonimmigrant
visitor who is a national of the PRC to
be admitted to the CNMI without a visa
in specified circumstances.
The regulations for CNMI EVS–TAP
largely mirror the regulations for the G–
CNMI VWP, including the new
electronic travel authorization
requirement provided by this IFR.
However, as the CNMI EVS–TAP is a
restricted sub-program of the G–CNMI
VWP, there are some differences
between the regulations for each,
consistent with the 902 Consultation
Recommendations 44 and the current
parole policy.45 The primary differences
are that CNMI EVS–TAP travelers may
visit only the CNMI and for a maximum
of 14 days; whereas, the G–CNMI VWP
travelers may visit both the CNMI and
Guam and for a maximum of 45 days.
Additionally, the CNMI EVS–TAP
regulations are tailored to a discrete
group consisting of PRC nationals, while
the G–CNMI VWP regulations must
provide for a larger and more varied
group of the countries and geographic
areas whose travelers are eligible for the
G–CNMI VWP.
2. Eligibility
Similar to the requirements that those
currently seeking admission to Guam or
the CNMI under the G–CNMI VWP must
meet, as established in new 8 CFR
212.1(r)(2), to be considered eligible for
admission into the CNMI under the
CNMI EVS–TAP, prior to embarking on
a carrier for travel to the CNMI,
nonimmigrant visitors must:
(i) Be a national of the PRC;
44 As
43 INA
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45 As
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discussed in Section II.C.2–3 above.
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(ii) Be classifiable as a visitor for
business or pleasure;
(iii) Be solely entering and staying on
the CNMI for a period not to exceed 14
days;
(iv) Be in possession of a round trip
ticket that is nonrefundable and
nontransferable and bears a confirmed
departure date not exceeding 14 days
from the date of admission to the CNMI.
‘‘Round trip ticket’’ includes any return
trip transportation ticket issued by a
participating carrier, electronic ticket
record, airline employee passes
indicating return passage, individual
vouchers for return passage, group
vouchers for return passage for charter
flights, or military travel orders which
include military dependents for return
to duty stations outside the United
States on U.S. military flights;
(v) Receive an electronic travel
authorization from CBP pursuant to new
paragraph 8 CFR 212.1(r)(9);
(vi) Be in possession of a completed
and signed I–94 (see § 1.4), ArrivalDeparture Record (CBP Form I–94). The
cross referenced § 1.4 states that the
definition of I–94 includes the
electronic format and that the terms
‘‘completed and signed’’ ‘‘include, but
are not limited to, DHS completing its
collection of information into its
electronic record of admission, or
arrival/departure.’’ See 8 CFR 1.4(b).
While the Form I–94 has been
automated and travelers no longer are
required to physically possess the form,
as CNMI EVS–TAP is a sub-program of
the GCNMI VWP, the regulatory
requirements should match.
(vii) Be in possession of a valid
unexpired ICAO (International Civil
Aviation Organization) compliant,
machine readable passport issued by the
PRC;
(viii) Have not previously violated the
terms of any prior admissions or parole;
(ix) Waive any right to review or
appeal an immigration officer’s
determination of admissibility at the
port of entry into the CNMI; and
(x) Waive any right to contest any
action for deportation or removal, other
than on the basis of: an application for
withholding of removal under section
241(b)(3) of the INA; withholding or
deferral of removal under the
regulations implementing Article 3 of
the United Nations Convention Against
Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment; or,
an application for asylum if permitted
under section 208 of the INA. As in the
G–CNMI VWP, section 208 of the INA
(8 U.S.C. 1158) regarding asylum does
not apply to the CNMI during the
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transition period ending December 31,
2029.46
3. Suspension or Discontinuation of
Program
This rule, in new 8 CFR 212.1(r)(3),
also incorporates the provisions in
section 702(b) of the CNRA regarding
the suspension of countries from and
the factors for discontinuation of the G–
CNMI VWP as the provisions regarding
the suspension of and the factors for
discontinuation of the CNMI EVS–TAP,
given that the CNMI EVS–TAP is only
available to nationals of the PRC. See
INA sec. 212(l)(4)–(5) (8 U.S.C.
1182(l)(4)–(5)). Accordingly, new 8 CFR
212.1(r)(3) first provides that the
Secretary may suspend the CNMI EVS–
TAP for good cause including, but not
limited to, the following circumstances:
(A) The admissions of visitors from the
PRC have resulted in an unacceptable
number of visitors from the PRC
remaining unlawfully in the CNMI,
unlawfully obtaining entry to other
parts of the United States, or seeking
withholding of removal or asylum; or
(B) Visitors from the PRC pose a risk to
law enforcement or security interests,
including the enforcement of
immigration laws of the CNMI or the
United States.
Second, new 8 CFR 212.1(r)(3)
provides that the Secretary, in
consultation with the Secretary of the
Interior and the Secretary of State, may
also discontinue the CNMI EVS–TAP
based on the evaluation of all factors the
Secretary deems relevant including, but
not limited to, electronic travel
authorization, procedures for reporting
lost and stolen passports, repatriation of
noncitizens, rates of refusal for
nonimmigrant visitor visas, overstays,
exit systems and information exchange.
4. Ineligibility Due to Admission Under
the CNMI EVS–TAP
Paralleling the G–CNMI VWP, under
new 8 CFR 212.1(r)(4), admission under
the CNMI EVS–TAP renders a
noncitizen ineligible for: adjustment of
status to that of a temporary resident or,
except as provided by section 245(i) of
the Act or as an immediate relative as
46 Note that INA section 208(e) (8 U.S.C. 1158(e)),
has not been amended to reflect the extensions of
the transition period. See section 6(a)(2), (7) of
Public Law 94–241, 48 U.S.C. 1806(a)(2), (7); as
amended by section 702(a) of the CRNA, 122 Stat.
at 855–6 (ending the transition period December 31,
2014); section 10(1) of the Consolidated and Further
Continuing Appropriations Act, 2015, Public Law
113–235, 128 Stat. 2130, 2134 (Dec. 16, 2014)
(extending the transition period through December
31, 2019); and section 3(a)(1)(A) of the Northern
Mariana Islands U.S. Workforce Act of 2018, Public
Law 115–218, 132 Stat. 1574 (July 24, 2018)
(extending the transition period through December
31, 2029).
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3307
defined in section 201(b) of the Act, to
that of a lawful permanent resident;
change of nonimmigrant status; or
extension of stay.
5. Requirements for Transportation
Lines
New 8 CFR 212.1(r)(5) specifies the
requirements for transportation lines
bringing CNMI EVS–TAP travelers to
the CNMI. The carrier must be prepared
to establish that each individual it
transports without the appropriate visa
was prima facie eligible for the visa
waiver, because the carrier is subject to
fine pursuant to section 273 of the INA
for transporting any noncitizen not in
possession of an unexpired visa, as
required, unless the requirement is
waived. The carrier contract and ticket
restrictions parallel the G–CNMI VWP.
Thus, a transportation line bringing any
traveler to the CNMI pursuant to this
section must:
(1) Enter into a contract on CBP Form
I–760, made by the Commissioner of
U.S. Customs and Border Protection on
behalf of the government;
(2) Transport an individual only if the
individual is a national of the PRC and
is in possession of a valid unexpired
ICAO compliant, machine readable
passport issued by the PRC;
(3) Transport an individual only if the
individual is in possession of a round
trip ticket as defined in 8 CFR
212.1(r)(2)(iv) bearing a confirmed
departure date not exceeding 14 days
from the date of admission to the CNMI,
which the carrier will unconditionally
honor when presented for return
passage. This ticket must be: valid for a
period of not less than one year;
nonrefundable except in the country in
which issued or in the country of the
traveler’s nationality or residence; and
issued by a carrier which has entered
into an agreement described in this
paragraph; and
(4) Transport an individual only if the
individual has received electronic travel
authorization from CBP pursuant to 8
CFR 212.1(r)(9).
6. Bonding
Part of the second recommendation
made in the 902 Consultations regarding
the creation of CNMI EVS–TAP is that
the United States will explore adding
bonding requirements as discussed in
the CNRA.47 Section 702(b) of the CNRA
requires that the regulations
implementing the G–CNMI VWP, and
thus the CNMI EVS–TAP, include any
47 Report to the President on 902 Consultations
Related to the DHS Discretionary Parole Program
(May 15, 2019), p. 10, available at https://
www.doi.gov/sites/doi.gov/files/uploads/final_902_
report.pdf.
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bonding requirements for nationals of
some or all of those countries who may
present an increased risk of overstaying
their period of authorized stay or other
potential problems, if different from
such requirements otherwise provided
by law for nonimmigrant visitors.48
Similar to as discussed below in Section
V.B. regarding conforming amendments
to bonding requirements under the G–
CNMI VWP, at this time DHS is not
imposing any bonding requirements
different from such requirements
otherwise provided by law for
nonimmigrant visitors for travelers
seeking admission into the CNMI under
the CNMI EVS–TAP. If DHS determines
that additional bonding requirements
are necessary, DHS will amend the
regulations accordingly and has
reserved new 8 CFR 212.1(r)(6) to do so.
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7. Maintenance of Status—Satisfactory
Departure
This rule includes a provision
allowing a traveler admitted to the
CNMI under the CNMI EVS–TAP to
seek a period of satisfactory departure,
similar to the G–CNMI VWP. Under new
8 CFR 212.1(r)(7), this rule provides that
if a traveler admitted under the CNMI
EVS–TAP is prevented from departing
within the period of the authorized stay
due to an emergency, an immigration
officer having jurisdiction over the place
of the traveler’s temporary stay may
grant satisfactory departure to permit
the traveler to delay departing the CNMI
for a period not to exceed 15 days.
Currently, this means travelers may seek
satisfactory departure by contacting any
local CBP Port of Entry or Deferred
Inspection Site, or the U.S. Citizenship
and Immigration Services Contact
Center. If the traveler departs within the
extended time period, the traveler will
be regarded as having departed within
the required time period and will not be
considered as having overstayed the
period of authorized stay.
8. Inadmissibility and Deportability
This rule sets forth the authority of
DHS to remove noncitizens and to make
determinations as to admissibility and
deportability in 8 CFR 212.1(r)(8), like
the authority under the G–CNMI VWP.
CBP may remove a noncitizen seeking
admission under the CNMI EVS–TAP
upon a determination that the
noncitizen is inadmissible to the CNMI
under one or more of the grounds of
inadmissibility (other than for lack of
visa) listed under section 212 of the INA
(8 U.S.C. 1182). This rule also provides
48 See section 702(b)(3) of the CNRA, 122 Stat. at
861 (INA sec. 212(l)(3)(B), as amended (8 U.S.C.
1182 (l)(3)(B))) (emphasis added).
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that an immigration officer will refuse
admission to and remove a CNMI EVS–
TAP applicant who is in possession of
and presents fraudulent or counterfeit
travel documents. See INA sec.
212(a)(6)(C) (8 U.S.C. 1182(a)(6)(C)).
Likewise, DHS may remove a noncitizen
admitted under the CNMI EVS–TAP
who has violated the noncitizen’s status
under one or more grounds of
deportability as listed under section 237
of the INA (8 U.S.C. 1227). Accordingly,
noncitizens who have been determined
to be inadmissible or deportable will not
be referred to an immigration judge for
further inquiry, examination, or hearing.
See INA sec. 212(l)(2) (8 U.S.C.
1182(l)(2)).
The CNRA provides that, during the
transition period, currently extended
through December 31, 2029, section 208
of the INA (8 U.S.C. 1158), the section
that sets forth the requirements to seek
asylum, does not apply to noncitizens in
the CNMI.49 Therefore, prior to January
1, 2030, a noncitizen who is physically
present or arriving in the CNMI under
the CNMI EVS–TAP may not apply for
asylum and an immigration judge will
not have jurisdiction over asylum
applications filed by an noncitizen
physically present or arriving in the
CNMI under the CNMI EVS–TAP.50
Noncitizens physically present or
arriving in the CNMI during the
transition period who express a fear of
persecution or torture only may
establish eligibility for withholding of
removal pursuant to INA section
241(b)(3) or pursuant to the regulations
implementing Article 3 of the United
Nations Convention Against Torture and
Other Cruel, Inhuman or Degrading
Treatment or Punishment.51
9. Electronic Travel Authorization
a. Electronic Travel Authorization
Requirement, Transition Period, and
Impact on Parole
This rule requires CNMI EVS–TAP
travelers to obtain electronic travel
authorization to travel to the CNMI prior
to embarking on such travel under 8
CFR 212.1(r)(9). This requirement
parallels the new requirement for G–
49 See section 702(a) of the CRNA, 122 Stat. at
855–6 (section 6(a)(2), (7) of Public Law 94–241, as
amended, 48 U.S.C. 1806(a)(2), (7)). See also note
46, supra, regarding extensions of the transition
period.
50 Id.
51 DHS and the Department of Justice have
promulgated various regulations implementing U.S.
obligations under Article 3 of the United Nations
Convention Against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment.
See, e.g., 8 CFR 208.16(c) through (f), 208.17, and
208.18; Regulations Concerning the Convention
Against Torture, 64 FR 8478 (Feb. 19, 1999), as
corrected by 64 FR 13881 (Mar. 23, 1999).
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CNMI VWP travelers to obtain
electronic travel authorization discussed
in section IV.A. above. As discussed
above, by requiring an electronic travel
authorization, CBP will be able to screen
travelers seeking to enter the CNMI
under the CNMI EVS–TAP prior to their
arrival in the CNMI. DHS notes that an
electronic authorization to travel to the
CNMI under the CNMI EVS–TAP is not
a determination that the traveler
ultimately is admissible to the CNMI.
That determination is made by a CBP
officer only after an applicant for
admission is inspected by the CBP
officer at a U.S. port of entry. In
addition, a CNMI EVS–TAP electronic
travel authorization is not a visa. The
grant of a CNMI EVS–TAP electronic
travel authorization is distinct from the
visa application process. Travel
authorization under the CNMI EVS–
TAP allows a CNMI EVS–TAP
participant to travel to the CNMI, and
does not confer on the traveler
admissibility to the CNMI. Requiring a
CNMI EVS–TAP electronic travel
authorization, therefore, allows DHS to
identify potential grounds of
ineligibility for admission before the
CNMI EVS–TAP traveler embarks on a
carrier destined for the CNMI.
Requiring a CNMI EVS–TAP
electronic travel authorization will
reduce the number of travelers who are
determined to be inadmissible to the
CNMI during inspection by a CBP
officer at a port of entry, thereby saving,
among other things, the cost of return
travel to the carrier, inspection time,
and delays and inconvenience for the
traveler. Requiring a CNMI EVS–TAP
electronic travel authorization also will
enable CBP to better allocate existing
resources toward screening passengers
at U.S. ports of entry, thereby
facilitating legitimate travel. Requiring a
CNMI EVS–TAP electronic travel
authorization increases the amount of
information available to DHS regarding
CNMI EVS–TAP travelers before such
travelers arrive at U.S. ports of entry;
and, by recommending that travelers
submit such information a minimum of
5 days in advance of departure, provides
DHS with additional time to screen
CNMI EVS–TAP travelers destined for
the CNMI, thus enhancing security by
allowing CBP to conduct pre-vetting and
cross-checking information against law
enforcement databases. Furthermore, it
will allow carriers to know in advance
whether the traveler is approved to
board the conveyance using existing
messaging capabilities between CBP and
the carriers.
Once CNMI–EVS–TAP is fully
implemented and announced in the
Federal Register, the current parole
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policy for PRC nationals seeking to enter
the CNMI will be discontinued. Until
that time, the G–CNMI VWP electronic
travel authorization requirement allows
DHS to eliminate the requirement that
nationals of the PRC complete a paper
CBP Form I–736 prior to being paroled
into the CNMI. However, as discussed
in Section IV.A. above, although this
rule is effective on September 30, 2024,
CBP is incorporating in the rule a 60day transition period to facilitate
travelers adjusting to the new collection
method. See new 8 CFR 212.1(q)(9)(i).
Prior to September 30, 2024, travelers
seeking to be paroled into the CNMI
should continue to use the paper CBP
Form I–736 or print out as they are
doing today. On September 30, 2024,
the 60-day transition period will begin.
During this transition period travelers
can choose whether to submit the Form
I–736 in advance electronically and
receive electronic travel authorization
prior to embarking on a carrier or to
submit the paper CBP Form I–736 upon
arrival.
At the end of the transition period,
the paper CBP Form I–736 will become
obsolete and travelers must input and
submit in advance their personal
information and respond to the
eligibility questions using the new
electronic format. The travelers’
information will be pre-screened or
vetted against law enforcement
databases. Based on the results of the
pre-screening, the application will be
approved or denied. The system will
generate a ‘‘board’’ or ‘‘no board’’ status
message to the carrier indicating a
denied or approved authorization to
board before the flight. The applicant
also receives a message with the
application status: approved, denied,
canceled, or pending. An approved
application is not a grant of advance
parole, it is merely a determination of
eligibility to board the carrier.
Beginning November 29, 2024, when the
60-day transition period ends, carriers
must deny boarding to travelers without
an approved electronic travel
authorization. All information will be
saved in the newly created G–CNMI
VWP database.
b. Obtaining Travel Authorization
This IFR establishes data fields by
which CNMI EVS–TAP travelers must
electronically submit to CBP, in advance
of travel to the CNMI, including
biographic and other information
specified by the Secretary. The
information specified by the Secretary is
necessary to determine the eligibility of
the individual to travel to the CNMI
under the CNMI EVS–TAP, and whether
such travel poses a law enforcement or
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security risk. This is the same
information currently required on the
paper CBP Form I–736, which
applicants for parole from the PRC must
present to a CBP officer at a port of
entry, with several additional questions
specific to the CNMI EVS–TAP. This
IFR does not impose any new data
collection requirements on air or vessel
carriers. For example, this rule does not
require air carriers to transmit any
CNMI EVS–TAP electronic travel
authorization data elements on behalf of
travelers to CBP, nor does it require
carriers to submit any additional data.
In determining a traveler’s eligibility
for a CNMI EVS–TAP electronic travel
authorization, CBP will assess each
application to determine whether the
individual is eligible to travel to the
CNMI and whether there exists any law
enforcement or security risk in
permitting such travel under the CNMI
EVS–TAP. The information submitted
by the individual in the travel
authorization application will be
checked by CBP against all appropriate
databases, including, but not limited to,
lost and stolen passport databases and
appropriate watchlists. Additionally, if
a traveler does not provide the
information required, provides false
information in the travel authorization
application, or if any evidence exists
indicating that an individual is
ineligible to travel to the CNMI under
the CNMI EVS–TAP or that permitting
such travel poses a law enforcement or
security risk, CBP may deny the
application for a travel authorization.
The Secretary, acting through CBP,
retains discretion to revoke a travel
authorization determination at any time
and for any reason, as set forth in new
8 CFR 212.1(r)(9)(vi)(D). If a travel
authorization application under the
CNMI EVS–TAP is denied, the
individual may still seek to obtain a visa
to travel to the CNMI from the
appropriate U.S. embassy or consulate.
See INA sec. 221(a)(1)(B) (8 U.S.C.
1201(a)(1)(B)).
c. Timeline for Submitting Travel
Authorization Data
Once CNMI EVS–TAP is
implemented, pursuant to new 8 CFR
212.1(r)(9), each nonimmigrant visitor
wishing to travel to the CNMI under the
CNMI EVS–TAP must have a travel
authorization prior to embarking on a
carrier. DHS, however, recommends that
CNMI EVS–TAP travelers obtain travel
authorizations prior to the time of
reservation or purchase of the ticket, or
at least 5 days before departure to the
CNMI, in order to facilitate timely
departures.
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d. Required Travel Authorization Data
Elements
CNMI EVS–TAP electronic travel
authorization will collect the same
information currently required on the
paper CBP Form I–736 that is presented
by parolees from the PRC to a CBP
officer at a port of entry with several
additional questions specific to the
CNMI EVS–TAP. This is the information
that the Secretary has deemed necessary
to evaluate whether an individual is
eligible to travel to the CNMI under the
CNMI EVS–TAP and whether such
travel poses a law enforcement or
security risk. This information is
already collected through the CBP Form
I–736, which is presented to CBP when
the applicant for parole arrives in the
CNMI. On the CBP Form I–736, travelers
must provide biographical data such as
name, birth date, and passport
information, as well as travel
information such as flight information
and the address of the traveler in the
CNMI. Travelers must also answer
eligibility questions regarding, for
example: communicable diseases,
arrests and convictions for certain
crimes, and past history of visa
revocation or deportation. In addition to
the Form I–736 data elements, in order
for CBP to initially determine if the
applicant is eligible to travel under the
CNMI EVS–TAP before the individual
commences travel to the CNMI, the
CNMI EVS–TAP questions also include
questions regarding the status of the
traveler’s family and finances,
occupation, and previous visits to Guam
and/or the CNMI.
e. Scope of CNMI EVS–TAP Electronic
Travel Authorization
An approved CNMI EVS–TAP
electronic travel authorization only
allows a noncitizen to board a
conveyance for travel to a U.S. port of
entry in the CNMI and does not restrict,
limit, or otherwise affect the authority of
CBP to determine a traveler’s
admissibility to the CNMI during
inspection at a port of entry.
f. Duration
Each travel authorization will be valid
for a period of no more than one year.
A noncitizen may travel to the CNMI
repeatedly within the validity period of
the travel authorization using the same
travel authorization. Pursuant to INA
section 212(a)(7)(B)(i)(I) (8 U.S.C.
1182(a)(7)(B)(i)(I)) and implementing
regulations at 8 CFR 214.1(a)(3)(i), the
passport of an applicant for admission
must be valid for a minimum of six
months from the expiration date of the
contemplated period of stay. Travelers
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whose CNMI EVS–TAP electronic travel
authorization applications are approved,
but whose passports will expire in less
than one year but greater than six
months, will receive travel
authorization that is valid only until six
months prior to the expiration date on
the passport. Travelers whose passports
will expire in six months or less will not
receive a travel authorization.
The Secretary, in consultation with
the Secretary of the Interior and the
Secretary of State, may increase or
decrease the CNMI EVS–TAP travel
authorization validity period otherwise
authorized. See INA sec. 212(l)(3) (8
U.S.C. 1182(l)(3)). Notice of any change
to the CNMI EVS–TAP travel
authorization validity period will be
published in the Federal Register. The
CNMI EVS–TAP website will be
updated to reflect the travel
authorization validity period.
g. Events Requiring New Travel
Authorization
A CNMI EVS–TAP traveler must
obtain a new electronic travel
authorization in advance of travel to the
CNMI within the validity period of the
traveler’s current travel authorization if
any of the following occurs:
(1) The traveler is issued a new
passport;
(2) The traveler’s name changes;
(3) The traveler’s gender changes;
(4) The traveler’s country of
citizenship changes; or
(5) The circumstances underlying the
traveler’s previous responses to any of
the CNMI EVS–TAP electronic travel
authorization application questions
requiring a ‘‘yes’’ or ‘‘no’’ response
(eligibility questions) have changed.
h. Fee
At this time, payment of a fee will not
be required to obtain a travel
authorization. If DHS determines at a
later time, however, that collection of a
fee is necessary for the efficient
administration of the CNMI EVS–TAP
electronic travel authorization
requirement, DHS will implement a fee
through a separate rulemaking action or
such other manner as is consistent with
the Administrative Procedure Act and
applicable statutory authorities.
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10. Severability
To the extent that any portion of the
requirements arising from this rule is
declared invalid by a court, DHS
intends for all other parts of the rule
that are capable of operating in the
absence of the specific portion that has
been invalidated to remain in effect.
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11. Implementation Date
The requirements of the new 8 CFR
212.1(r) will take effect 45 days after the
publication by the Secretary of
notification in the Federal Register
announcing the implementation of
CNMI EVS–TAP. This delay in
implementation will allow CBP to first
establish automation of the Form I–736
and the G–CNMI VWP, and then
integrate CNMI EVS–TAP. Note that this
IFR has a delayed effective date until
September 30, 2024, then the 60-day
transition period begins for the
electronic travel authorization
requirement for the G–CNMI VWP. It
will not be until sometime after 60 days
after this IFR is effective that DHS will
announce the implementation of CNMI
EVS–TAP in the Federal Register.
and cancellation of surety bonds in
immigration cases).
DHS has not imposed any bonding
requirements different from such
requirements otherwise provided by law
for nonimmigrant visitors for travelers
seeking admission into Guam or the
CNMI under the G–CNMI VWP. For
clarity, DHS is removing the applicable
text regarding bonding requirements
from 8 CFR 212.1(q)(6). To date, DHS
has not utilized 8 CFR 212.1(q)(6) to
require a bond on behalf of any traveler
seeking admission under the G–CNMI
VWP. Similar to the discussion above in
Section V.A.6. regarding bonding
requirements under the CNMI EVS–
TAP, at this time DHS is not imposing
any bonding requirements different
from such requirements otherwise
provided by law for nonimmigrant
B. Conforming Amendments and
visitors for travelers seeking admission
Revision of CBP Form I–760
into Guam or the CNMI under the G–
CNMI VWP. The general bonding
This rule makes several conforming
requirements for nonimmigrants
amendments to the regulations to
continue to apply, although they are
account for the CNMI EVS–TAP. This
rarely used. If DHS determines that
rule makes two changes to 8 CFR
additional bonding requirements are
212.1(q) to account for CNMI EVS–TAP
necessary, DHS will amend the
and the new 8 CFR 212.1(r). The first
regulations accordingly and has
change impacts 8 CFR 212.1(q)(6)
regarding bonding requirements. Part of reserved the applicable text of 8 CFR
212.1(q)(6) to do so.
the second recommendation made in
The second change to 8 CFR 212.1(q)
the 902 Consultations regarding the
made by this rule to account for CNMI
creation of CNMI EVS–TAP is that the
EVS–TAP and the new 8 CFR 212.1(r)
United States will explore adding
addresses severability. This rule adds
bonding requirements as discussed in
the CNRA.52 Section 702(b) of the CNRA new 8 CFR 212.1(q)(10), which provides
that to the extent that any portion of the
requires that the regulations
requirements arising from this rule is
implementing the G–CNMI VWP, and
declared invalid by a court, DHS
thus the CNMI EVS–TAP, include any
intends for all other parts of the rule
bonding requirements for nationals of
that are capable of operating in the
some or all of those countries who may
absence of the specific portion that has
present an increased risk of overstaying
been invalidated to remain in effect.
their period of authorized stay or other
This rule also amends 8 CFR 214.1,
potential problems, if different from
regarding ineligibility for extensions of
such requirements otherwise provided
stay, to add a limitation regarding
by law for nonimmigrant visitors.53 The
extensions of stay for CNMI EVS–TAP
general bonding requirements provided
travelers. Currently, 8 CFR
by law for nonimmigrant visitors are
214.1(c)(3)(viii) provides that
found in section 214(a)(1) of the INA (8
nonimmigrants who are admitted into
U.S.C. 1184(a)(1)), which allows the
the United States as visitors for business
Secretary to prescribe by regulations
when the Secretary deems necessary the or pleasure pursuant to the G–CNMI
VWP are ineligible for an extension of
giving of a bond and the sum and
stay. This amendment provides that
conditions thereof for the admission of
nonimmigrants admitted pursuant to the
a nonimmigrant. Accordingly, 8 CFR
CNMI EVS–TAP are also ineligible for
214.1(a)(3)(iii) sets forth who may
an extension of stay.
require a bond from a nonimmigrant,
This rule also amends 8 CFR 233.6 to
the appropriate form, and the minimum
require
transportation lines bringing
sum. See also 8 CFR 103.6 (regarding
travelers to the CNMI under the CNMI
the procedures for posting, processing,
EVS–TAP to enter into an agreement on
CBP Form I–760. Currently,
52 Report to the President on 902 Consultations
transportation lines transporting
Related to the DHS Discretionary Parole Program
(May 15, 2019), p. 10, available at https://
nonimmigrant visitors under the G–
www.doi.gov/sites/doi.gov/files/uploads/final_902_
CNMI VWP into Guam or the CNMI
report.pdf.
from foreign territories must enter into
53 See section 702(b)(3) of the CNRA, 122 Stat. at
a contract with CBP by executing CBP
861 (INA sec. 212(l)(3)(B), as amended (8 U.S.C.
1182 (l)(3)(B))) (emphasis added).
Form I–760 ‘‘Guam-CNMI Visa Waiver
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Agreement’’ (I–760). Additionally, CBP
Form I–760 will be revised to reflect the
automation of the G–CNMI VWP and
the establishment of the CNMI EVS–
TAP.
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VI. Statutory and Regulatory Reviews
A. Administrative Procedure Act
Section 702(b) of CNRA directs that
all regulations necessary to implement
the G–CNMI VWP shall be considered a
foreign affairs function for purposes of
section 553(a) of the Administrative
Procedure Act (APA). Even without this
directive from the CNRA, for the reasons
discussed below this rule involves a
foreign affairs function of the United
States. DHS, after consultation with the
Departments of State and Interior, is
adopting this rule to advance the
President’s foreign policy goals and this
rule directly involves relationships
between the United States and its
noncitizen visitors. Requiring
noncitizen visitors to submit their
information electronically in advance of
travel and receive an electronic travel
authorization prior to embarking on a
carrier for travel to Guam or the CNMI
is an integral part of the administration
of the G–CNMI VWP and its subprogram CNMI EVS–TAP, programs that
involve an inherently foreign affairs
function of the United States.
Specifically, the G–CNMI VWP enables
eligible citizens or nationals of
designated countries and geographic
areas to travel to Guam or the CNMI for
tourism or business for stays of 45 days
or less without first obtaining a visa,
provided they meet certain
requirements. Similarly, the CNMI EVS–
TAP enables eligible nationals of the
PRC to travel to the CNMI for tourism
or business for stays of 14 days or less
without first obtaining a visa, provided
they meet certain requirements. Among
other things, travelers under the G–
CNMI VWP or the CNMI EVS–TAP must
have valid electronic travel
authorizations. As part of the screening
process, CBP reviews available
information regarding G–CNMI VWP
and CNMI EVS–TAP applicants to
determine whether they present a
concern to U.S. national security or law
enforcement (to include immigration
enforcement) interests. Thus, any
rulemaking actions undertaken to
implement G–CNMI VWP and CNMI
EVS–TAP are exempt from APA notice
and comment requirements.
Accordingly, this IFR is exempt from
the notice and comment and 30-day
effective date requirements of the APA.
Although DHS is not required to
provide prior public notice or an
opportunity to comment, DHS is
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nevertheless providing the opportunity
for public comments.
B. Executive Orders 12866 and 13563
Executive Order 12866, as amended
by Executive Order 14094, and
Executive Order 13563 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. DHS has
reviewed the IFR to ensure its
consistency with the regulatory
philosophy and principles set forth in
those Executive Orders and has
prepared the following economic
analysis of the potential impacts of this
IFR.
This IFR creates an electronic travel
authorization requirement for the
current G–CNMI VWP similar to the
current travel authorization requirement
via the Electronic System for Travel
Authorization (ESTA) for the general
Visa Waiver Program established by
section 217 of the INA (8 U.S.C. 1187)
(general VWP).54 This IFR also creates
the CNMI EVS–TAP, a restricted subprogram of the G–CNMI VWP. The IFR
will be implemented in two phases,
with the second phase occurring once
the first phase has been successfully
implemented. The first phase involves
visitors from G–CNMI VWP countries
and geographic areas. Travelers to Guam
and the CNMI will be required to fill out
an electronic Form I–736, rather than
the paper CBP Form I–736, in advance
of travel using the G–CNMI VWP
electronic travel authorization website.
54 The travel authorization via ESTA requirement
for the general VWP is provided in 8 CFR 217.5.
There are several substantive differences between
the travel authorization requirements for the general
VWP and the G–CNMI VWP: (1) travel
authorization via ESTA for the general VWP allows
for travel to the entire United States, whereas travel
authorization via electronic Form I–736 for the G–
CNMI VWP allows for travel only to Guam or the
CNMI; (2) travel authorization via ESTA is a
requirement for general VWP travelers intending to
arrive at land ports of entry in the United States,
which is not applicable to the G–CNMI VWP, as
Guam and the CNMI are not contiguous with any
other country or geographic area; (3) section
217(h)(3)(C)(iv) of the INA (8 U.S.C.
1187(h)(3)(C)(iv)) explicitly excludes travel
authorization determinations via ESTA from
judicial review, but there is no such explicit
provision for G–CNMI VWP travel authorization
determinations; and (4) there are fees for applying
for travel authorization via ESTA (see 8 CFR
217.5(h)), while there are not currently fees for
applying for travel authorization for G–CNMI VWP
travelers.
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3311
The IFR requires G–CNMI VWP
travelers to receive a positive
determination of travel authorization
from CBP to board a plane to Guam or
the CNMI. The first phase also involves
visitors from the PRC seeking parole.
PRC travelers to the CNMI seeking
parole will also be required to fill out
an electronic Form I–736, rather than
the paper CBP Form I–736, in advance
of travel using the G–CNMI VWP
electronic travel authorization website
and receive a positive determination of
travel authorization from CBP to board
a plane to the CNMI. The second phase
involves travelers from the PRC
traveling to the CNMI only (not
including Guam). Once CNMI EVS–TAP
is implemented, the current parole
policy will be discontinued, and PRC
travelers could be eligible to travel to
the CNMI for a maximum stay of 14
days without obtaining a visa prior to
travel. Similar to the first phase of this
IFR, under CNMI EVS–TAP, PRC
travelers will be required to submit an
electronic Form I–736, along with
responses to an additional set of vetting
questions, in order to receive travel
authorization from CBP.
After careful review and a detailed
analysis of the actions contained within
this rulemaking, CBP has concluded
that this IFR will result in benefits
justifying the costs. For the 5-year
period analyzed, the present value (PV)
cost of the rulemaking is estimated at
$7,018,942 (PV, discounted at 7percent), which includes associated
information technology (IT) costs with
the automation of Form I–736, as well
as developing the public facing CNMI
EVS–TAP website. The present value
benefits are $11,956,620 (PV, 7-percent),
which results from improved processing
times at Federal Inspection Services
(FIS), a reduction in costs to both CBP
and carriers associated with individuals
found to be inadmissible at Guam-CNMI
POEs, and savings to CBP from
eliminating manual data entry and
storage of the current paper CBP Form
I–736. The net present value (NPV, 7percent) is calculated at $4,937,678.
Background
Current Process
Under the current process, travelers
from G–CNMI VWP participating
countries and geographic areas can
travel for business or pleasure purposes
to Guam or the CNMI without obtaining
a visa for a period not to exceed 45 days.
Upon arrival, travelers provide CBP
officers their paper CBP Form I–736.
Travelers can access CBP Form I–736 by
visiting CBP’s website. The traveler can
choose to fill out the form
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electronically, print it, and provide it to
the CBP officer, or the traveler can print
and fill out by hand as well. Carriers
also provide a paper version of CBP
Form I–736 to passengers who need it
prior to arrival in Guam or the CNMI.
Form I–736 has a set of vetting
questions that the CBP officer reviews at
the FIS and uses the information to
determine admissibility to Guam or the
CNMI. Travelers arriving in the CNMI
from the PRC must present themselves
to a CBP officer with the CBP Form I–
736 filled out and then generally are
paroled into the CNMI for a period not
to exceed 14 days. PRC nationals are
required to obtain a visa to enter Guam.
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Process: Phase I and Phase II
Under this IFR, CBP is replacing the
current process with a new process that
adapts currently available technology.
Under this IFR, the traveler information
contained in Form I–736 will be
submitted by travelers in advance, prior
to boarding a carrier, to CBP and DHS.
Travelers from G–CNMI VWP countries
and geographic areas must receive from
CBP a determination of travel eligibility
prior to embarking on a carrier for travel
to either Guam or the CNMI. Similarly,
PRC nationals must also receive a
determination of travel eligibility prior
to boarding a carrier destined to the
CNMI. PRC nationals will still be
required to obtain a visa to enter Guam.
CBP is implementing this rule in two
phases.
In particular, this IFR involves the
collection of information provided on
Form I–736 from travelers arriving in
either Guam or the CNMI from current
G–CNMI VWP participating countries
and geographic areas. This rule changes
the mechanism by which traveler
information is processed.55 Under this
IFR, travelers will instead respond and
submit their personal and travel
information responses to CBP and DHS
in advance via an electronic version of
Form I–736 that will be available on the
DHS–CBP website. Under CNMI EVS–
TAP in Phase II, the Form I–736 for PRC
nationals will have an additional set of
pre-vetting questions than those
traveling under the G–CNMI VWP to
make a determination of travel
eligibility. These changes allow DHS
and CBP to perform more effective
vetting of travelers entering Guam and
the CNMI.
Under this IFR, travelers from all
countries and geographic areas that are
part of the G–CNMI VWP must begin
55 Note that this rule does not change the length
of admission and remains the same at 45 days for
travelers from G–CNMI VWP participating
countries.
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using the new automated electronic
Form I–736, and use of the current
paper CBP Form I–736 will be
discontinued. This regulatory impact
analysis studies the economic impact of
automating Form I–736, and the
creation of the CNMI EVS–TAP. The
implementation of CNMI EVS–TAP will
occur once the automation of the
electronic Form I–736 is complete.
Phase I
The first phase of this rule affects
travelers from G–CNMI VWP
participating countries and geographic
areas traveling to Guam or the CNMI,
and PRC nationals seeking parole
traveling to the CNMI, for business or
pleasure purposes. These travelers will
be required to access the electronic
version of Form I–736, provide the
required information, and receive an
electronic travel authorization prior to
boarding a carrier to Guam or the CNMI.
DHS and CBP recommend that travelers
obtain travel authorizations prior to the
time of reservation or purchase of the
ticket, or at least five days before
departure to Guam or the CNMI, in
order to facilitate timely departures. The
recommended five days will provide
DHS and CBP time to conduct the
necessary pre-vetting investigation
process prior to the traveler’s departure.
The traveler’s information is reviewed
against various U.S. and international
law enforcement agency databases to
ensure travel eligibility to the United
States. Once the vetting is complete,
CBP will provide the traveler with a
determination of travel eligibility. This
process is similar to the ESTA process
for travel under the general VWP.
Soon after travelers input their
information into the electronic Form I–
736, travelers, in most cases, will
receive a positive determination of
travel eligibility, that is, an electronic
travel authorization. An electronic
travel authorization is required to travel
to Guam or the CNMI under the G–
CNMI VWP, but is not a determination
that the traveler ultimately is admissible
to Guam or the CNMI. A determination
of admissibility to Guam or the CNMI
will still be made by a CBP officer at the
face-to-face interview at an FIS facility
area. Under the rule, CBP will have
access to the traveler’s electronic Form
I–736 in advance and prior to arrival at
Guam or the CNMI. Having the
traveler’s personal and travel
information in advance will help CBP
identify potential grounds of
ineligibility for admission before the G–
CNMI VWP traveler embarks on a
carrier destined for Guam or the CNMI.
The process will also help travelers in
shortening their time at inspection, as
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well as decreasing the number of
travelers turned away at the port of
entry because of inadmissibility.
Another anticipated outcome of this IFR
is that carriers are expected to
experience a decrease in costs from
transporting individuals who are
deemed to be inadmissible to the United
States. These expected outcomes are
discussed in further detail below, under
‘‘Benefits of the Rule.’’
Phase II
The second phase of this rulemaking
will be implemented once the
automation of Form I–736 has been
successfully completed. The timeframe
allows for the implementation, testing,
and operations of Phase I to be
completed successfully before
implementing Phase II.
Phase II involves the development of
a sub-program to the G–CNMI VWP,
known as CNMI EVS–TAP. CNMI EVS–
TAP will allow PRC nationals to enter
the CNMI (but not Guam) for a
maximum of 14 days without requiring
either a visa to the United States or
receiving a grant of discretionary parole.
Under this IFR, and similar to the
requirements for G–CNMI VWP
travelers and PRC nationals seeking
parole traveling to the CNMI in Phase I,
PRC nationals seeking to travel to the
CNMI under the CNMI EVS–TAP will
have to access the electronic Form I–
736, though now with additional
questions specific to the CNMI–EVS–
TAP, provide the required traveler
information, and receive an electronic
travel authorization prior to boarding a
carrier to the CNMI. The required
determination of travel eligibility will
be provided by the CNMI EVS–TAP
system once the traveler provides the
requested personal and travel
information and the traveler is vetted as
described above in Phase I. The CNMI
EVS–TAP system builds on the G–CNMI
VWP system and is thus similar to the
current ESTA, a program used in the
general VWP, as described above, and is
also similar to the Electronic Visa
Update System (EVUS), a program used
by certain PRC nationals to update
biographic and other information to
maintain visa validity prior to travel to
the United States.56 CNMI EVS–TAP
will provide a channel through which
personal and travel information is
collected by CBP for security vetting
purposes during the prescreening
investigation process. Depending on the
outcome of the investigation, a travel
56 See 8 CFR part 215, subpart B. Pursuant to 8
CFR 215.22, DHS identified the PRC as an EVUS
country in a Federal Register notice published on
October 20, 2016. 81 FR 72600.
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authorization will be provided to the
individual, who must receive it in
advance of travel to the CNMI.
Under the current process, when an
eligible PRC passport holder arrives at
the CNMI without a visa, the traveler
typically receives discretionary parole
from the Port Director to enter the
CNMI. Under Phase I of this rulemaking,
PRC nationals that intend to seek parole
will have to fill out the electronic Form
I–736 prior to boarding a carrier, and
CBP will make a determination of travel
eligibility. Under Phase II of this
rulemaking, once CNMI EVS–TAP is
implemented, the electronic Form I–736
for PRC nationals seeking to travel
under the CNMI EVS–TAP will have an
additional set of pre-vetting questions
than those traveling under the G–CNMI
VWP to make a determination of travel
eligibility. As such, Phase II of this
rulemaking involves transitioning PRC
nationals from the current discretionary
parole policy, and instead processing
them for admission under the CNMI
EVS–TAP similar to those under the G–
CNMI VWP, but with a shorter
admission period.
Economic Impact of the Rule
CBP anticipates that this rule will
have positive net benefits, meaning that
economic benefits justify the economic
costs. As more fully discussed below,
the net economic benefit is expected to
be $6,866,537, undiscounted over a fiveyear period of analysis.
CBP has identified the following
economic costs of this rule: (1)
development of the required software to
automate electronic Form I–736 to
process passenger information and
provide the determination of travel
eligibility and required electronic travel
authorizations; (2) development of the
required electronic travel authorization
system specific to CNMI EVS–TAP to
process and update PRC-related traveler
information; (3) maintenance costs
associated with continuous use of the
software, including occasional software
updates for both G–CNMI VWP
participating travelers and PRC
nationals (initially those seeking parole,
and then CNMI–EVS TAP participants);
(4) increased time burden of two
minutes for G–CNMI VWP participants
to access the CBP–DHS website; and (5)
increased time burden of two minutes
for CNMI EVS–TAP users to access the
CBP–DHS website, and an additional
five minutes to answer an additional set
of vetting questions, for a total
additional time burden of seven
minutes, per response. CBP already has
a similar digital database program in
place, but will need to make
modifications for the implementation of
program associated with this rule.
CBP has identified the following
benefits from the rule: (1) decrease in
administrative costs to CBP from
manually entering the information
contained in the paper CBP Form I–736
into a database, and subsequently
storing the paper files in a storage
facility; (2) decrease in the number of
individuals found to be inadmissible to
the United States at the POE which
leads to a decrease in airline costs for
transporting individuals who are found
to be inadmissible to the United States;
and (3) an increase in national security
from a more effective vetting process of
individuals seeking to harm the United
States.
Baseline
The baseline used in this analysis is
the current regulatory status quo, which
includes the current regulations for
travelers arriving to Guam and the
CNMI under the current G–CNMI VWP.
Against this baseline, we consider the
regulatory changes provided by this
rulemaking: the automation of Form I–
736 for individuals traveling from
participating G–CNMI VWP countries
and geographic areas and the
development of CNMI EVS–TAP for
PRC nationals entering the CNMI. We
3313
use a five-year period of analysis, from
2022–2026.
Population Affected by Rule
CBP has historical information on
yearly arrivals to both Guam and the
CNMI from the participating countries
and geographic areas. CBP uses this
information to forecast future travel
patterns from participating countries
and geographic areas to anticipate the
potential economic impact of the rule.
CBP has information from fiscal years
2015 through 2020. However, in this
analysis, CBP uses fiscal years 2015
through 2019 to provide arrival forecasts
for future years. CBP does not use fiscal
year 2020 because of the travel
uncertainty associated with the COVID–
19 global pandemic in 2020. Due to the
uncertainty, this analysis provides the
economic impact of the rule as if travel,
the economy, and international borders
were restored to patterns similar to
those before the COVID–19 pandemic.
Table 1 shows the number of arrivals
to both Guam and the CNMI for fiscal
years 2015 to 2019 from the 12
participating G–CNMI VWP countries
and geographic areas. On average, there
are 1.4 million visitors per year to Guam
and the CNMI. From FY 2015 to FY
2016, the majority of arrivals are
passport holders from Japan, consisting
of more than 50-percent for FY 2015 and
50-percent for FY 2016. Between FY
2017 to FY 2020, the majority of arrivals
to the islands are passport holders from
South Korea. Arrivals to Guam and the
CNMI from all other G–CNMI VWP
participating countries and geographic
areas was less than five-percent for any
given year. Travelers from the PRC are
not eligible for the G–CNMI VWP, but
may be paroled into the CNMI. Table 2
shows the historical data on arrivals to
the CNMI only from PRC nationals
seeking to be paroled between FY 2015
to FY 2019. Arrivals from the PRC
steadily increased from FY 2015 to FY
2019.
TABLE 1—G–CNMI VWP ARRIVALS TO GUAM AND CNMI 57
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Country or geographic area
FY 2015
Australia ...................................................
Brunei .......................................................
Hong Kong ...............................................
Japan .......................................................
Malaysia ...................................................
Nauru .......................................................
New Zealand ............................................
Papua New Guinea ..................................
South Korea .............................................
Singapore .................................................
698
2
352
707,421
208
12
137
205
489,519
151
FY 2016
FY 2017
539
0
970
621,534
235
9
159
275
581,744
173
440
1
2,344
471,393
567
7
139
73
715,564
142
FY 2018
378
6
2,699
386,033
426
28
133
60
762,479
153
57 Source: BorderStat, ATS–P, accessed Jun. 29,
2022. Inbound arrivals to Guam and the CNMI all
modes.
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FY 2019
369
1
2,479
456,321
495
22
110
55
697,602
127
Total
2,424
10
8,844
2,642,702
1,931
78
678
668
3,243,908
746
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TABLE 1—G–CNMI VWP ARRIVALS TO GUAM AND CNMI 57—Continued
Country or geographic area
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
Total
Taiwan ......................................................
United Kingdom .......................................
35,144
689
33,820
674
29,590
945
20,182
565
20,433
534
139,169
3,407
Total ..................................................
1,234,538
1,240,132
1,218,205
1,173,142
1,178,548
6,044,565
TABLE 2—PRC ARRIVALS AT THE CNMI SEEKING PAROLE
Arrivals to the CNMI
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
Total
PRC arrivals at the CNMI ........................
108,952
136,911
184,378
213,827
164,564
808,632
Future Arrivals to Guam and CNMI
used to compare the effect of the
regulation. Using the data presented in
Table 1, the number of arrivals to Guam
and the CNMI grew at a compound
Table 3 presents future forecasts of
travel to Guam and the CNMI, and is
annual growth rate of ¥1.15 percent
between fiscal years 2015 and 2019.
CBP uses this rate to forecast future
travel to the islands.58
TABLE 3—G–CNMI VWP EXPECTED ARRIVALS TO GUAM AND CNMI 59
Country or geographic area
FY 2022
FY 2024
FY 2025
FY 2026
Australia ...............................................................................
Brunei ...................................................................................
Hong Kong ...........................................................................
Japan ...................................................................................
Malaysia ...............................................................................
Nauru ...................................................................................
New Zealand ........................................................................
Papua New Guinea ..............................................................
South Korea .........................................................................
Singapore .............................................................................
Taiwan ..................................................................................
United Kingdom ...................................................................
365
1
2,451
451,074
490
22
109
55
689,580
126
20,199
528
361
1
2,423
445,886
484
22
108
54
681,650
125
19,966
522
357
1
2,395
440,759
479
22
107
54
673,811
123
19,737
516
353
1
2,367
435,690
473
22
106
53
666,062
122
19,510
510
349
1
2,340
430,680
468
21
104
52
658,402
120
19,285
504
Total ..............................................................................
1,165,000
1,151,602
1,138,361
1,125,269
1,112,326
CBP has identified five relatively
major potential sources of costs from the
rule: 61 (1) automation of electronic
Form I–736; (2) development of CNMI
EVS–TAP software; (3) a one-time fixed
cost and continued maintenance of the
automated Form I–736 and CNMI EVS–
TAP; (4) increased time burden of two
minutes for G–CNMI VWP participants
to access the CBP–DHS website; and (5)
increased time burden of two minutes
for CNMI EVS–TAP users to access the
CBP–DHS website, and an additional
five minutes to answer an additional set
of vetting questions, for a total
additional time burden of seven
minutes, per response. In addition, CBP
has determined that the expanded
transmission of traveler information
between the carrier and CBP will have
no additional cost. The transmitted
information will contain the traveler’s
background and travel information, and
is similar to that in the current ESTA
and EVUS programs. This is not
expected to increase costs because
carriers already have the capabilities to
transmit this information and receive
information from CBP regarding a
passenger’s boarding status. The
automated Form I–736 information and
electronic travel authorization status
will be another component in
determining a passenger’s boarding
status that will be implemented in the
existing messaging capabilities between
CBP and the carriers.
58 CBP does not expect a significant change in
travel to Guam or the CNMI as a result of this IFR.
59 DHS is aware that the outbreak of COVID–19
will likely reduce the number of trips/arrivals in the
short run. Consequently, using historical growth
rates from FY 2015 to FY 2019 to estimate FY 2022
to FY 2026 trips/arrivals will not reflect any
impacts from the COVID–19 pandemic. It is not
clear what level of reductions the pandemic will
have on travel to Guam and the CNMI, or how DHS
would estimate such an impact with any precision
given available data. Therefore, the projections in
Table 3 could be overestimates, especially for the
year 2022.
60 See OMB Circular A–4. Please note this
analysis is performed from a global perspective, and
includes foreign individuals who travel to the
United States. Notice that most of the costs of the
rule (except for CBP costs) will be incurred by
foreign travelers that are not U.S. citizens or
permanent residents.
61 CBP has also considered the following costs: It
may be the case that travel agents incur costs to
assist their clients in complying with this IFR;
however, CBP anticipates that this additional cost
to travel agents would be passed on to their clients
and it would not be greater than the cost that would
be incurred if the client filed the data themselves.
In the case that a travel authorization is denied,
travelers have the ability to obtain a visa, which
would have additional costs. However, CBP does
not expect many individuals who are denied a
travel authorization to be able to successfully obtain
a visa, so we do not include those costs in this
analysis. Further, those denied travel authorizations
would be likely to be denied admission by the CBP
officer under the baseline, in which case they
would have the option to seek the visa under the
baseline as well. CBP therefore does not believe
there are meaningful visa costs resulting from this
rule.
Economic Costs of Rule 60
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CBP Information Technology Costs
CBP currently has a program that
provides travelers with a determination
of travel eligibility to the United States:
ESTA, which is used to authorize travel
in accordance with the general VWP. A
similar electronic travel authorization
system will need to be developed for the
G–CNMI VWP. As previously
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mentioned, current practice requires
travelers, without an approved ESTA,
from a G–CNMI VWP participating
country or geographic area or from the
PRC seeking parole into the CNMI, to
present a completed and signed paper
CBP Form I–736. Travelers may fill out
the digital format of CBP Form I–736,
print and sign the document; print the
CBP Form I–736, fill it out and sign it;
or fill out and sign a provided paper
CBP Form I–736. Automation of the
electronic Form I–736 will require a
transformation in the information
technology currently used for this form.
Under this IFR, a traveler will input the
Form I–736 information and submit it to
CBP electronically.62 CBP will then use
this information to provide a
determination of travel eligibility.
Similarly, once CNMI EVS–TAP is
implemented, PRC nationals—along
with additional specifications and
requirements—will electronically
provide the Form I–736 information
along with answers to additional vetting
questions, to receive a determination of
travel eligibility. Although a similar
program such as ESTA already exists
within CBP, the automation of the Form
I–736 is expected to be a cost to CBP
and the U.S. Federal Government.
Although CBP already has a website
and software programs that will be
nearly identical to what is currently
being implemented in this rulemaking,
the development of software and
program website to implement the
automation of Form I–736 (Phase I) and
the development of CNMI EVS–TAP
(Phase II) are included and quantified in
this analysis. Since the software and
website will be similar to that currently
used in EVUS and ESTA, the cost to
CBP for developing these components is
expected to be less than the original
costs to develop the EVUS and ESTA
programs. Because a portion of the
CNMI EVS–TAP includes automation of
Form I–736, the development of both
the Form I–736 automation for Phase I
and the additional questions and
separate tab for CNMI EVS–TAP for
Phase II will are interrelated and the
cost is not broken down between the
two phases. The website components
include: (1) creation of a public facing
website(s) for travelers to submit the
required information, including
biographical data and eligibility
questions; (2) creation of at least one
internal website for CBP officers to be
able to view and modify an application;
(3) creation of a database to store the
application(s) with the ability for other
62 Please
note that this process would also allow
travelers to print their Form I–736 for their own
records.
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applications to view or modify (approve
or deny) those applications; (4) a
process for accepting the application,
verifying email address, auditing,
adjudicating, screening and emailing the
application and emailing the applicant
with notification of a decision, along
with the ability for the applicant to
return and view the status of the
application; and (5) developing and
enhancing interconnectivity between
CBP information systems to query and/
or validate applicant information.
CBP currently has two programs
(ESTA and EVUS) that have identical
components to the ones just described,
including external and internal website,
a database to store applications, a
process for accepting, screening, and
emailing notifications. In 2008, DHS
and CBP published an IFR, which
included the implementation of the
Electronic System for Travel
Authorization, also known as ESTA.63
ESTA provides an advance
determination of travel authorization to
citizens of 40 countries in the general
VWP. Many of the functional
components of the G–CNMI VWP,
Automation of Form I–736, will be
identical to the current ESTA program.
CBP does not anticipate needing to
develop a program in terms of new
information technology for the G–CNMI
VWP, and instead is duplicating
components of the ESTA program and
tailoring it to the G–CNMI VWP. The IT
costs of developing the program for the
G–CNMI VWP are presented in Table 4,
and include both program development
and annual operations and maintenance
costs.
Under this IFR, the G–CNMI VWP
electronic travel authorization
requirement will improve the current
processing of travelers at both Primary
and Secondary inspections, as well as
improve the determination of a
traveler’s admissibility to Guam or the
CNMI along with the verification of
information. The verification occurs
with the already existing Advance
Passenger Information System (APIS),
Traveler Primary Arrival Client (TPAC),
and Lookout Record Data and Screening
Services (LRDS). Because this
verification of traveler information is
done automatically by computers, and
CBP and carriers will continue to use
existing messaging capabilities,
expansion of the use of this existing
infrastructure for vetting and
communicating ‘‘board’’ or ‘‘no board’’
63 See Changes to the Visa Waiver Program To
Implement the Electronic System for Travel
Authorization (ESTA) Program, 73 FR 32440 (June
9, 2008); see also 8 CFR 217.5.
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3315
messages to carriers will not result in an
increase in costs to CBP or carriers.
Under this IFR, CBP and DHS are
establishing a sub-program to the G–
CNMI VWP, known as CNMI EVS–TAP.
The purpose of the sub-program will
allow PRC nationals to be admitted to
the CNMI without a visa for
nonimmigrant travel. Under the current
parole process, PRC nationals have been
allowed to travel to the CNMI for a
period not to exceed 14 days. Under
CNMI EVS–TAP, PRC nationals will
continue to be allowed travel to the
CNMI for business or pleasure purposes
for a period of 14 days.64 Assuming all
requirements are met, PRC nationals
will receive a determination of travel
eligibility. Although the IT is similar to
a current program that already exists—
EVUS—the development of CNMI EVS–
TAP is expected to be a cost to CBP and
the U.S. Federal Government.
Since CNMI EVS–TAP will include
the automation of Form I–736, all of the
components to automate Form I–736 are
already included within the broader G–
CNMI VWP. PRC nationals traveling to
the CNMI under CNMI EVS–TAP,
however, will have to answer and
submit an additional set of screening
questions to CBP than those traveling
from participating G–CNMI VWP
countries and geographic areas. CNMI
EVS–TAP will be specific for PRC
nationals traveling to the CNMI only,
and will replace the current parole
process. Under this IFR, PRC nationals
will be able receive a determination of
travel eligibility to the CNMI without
the need to obtain a visa. Note that PRC
nationals will still have the option of
applying and obtaining a visa to visit
the United States. PRC nationals with an
approved visa must enroll in EVUS and
provide or update personal and travel
information in order to receive a
determination of travel eligibility. In a
sense, CNMI EVS–TAP will be a smaller
scaled version of EVUS, and CNMI
EVS–TAP will have similar functional
components in terms of information
technology requirements as EVUS. CBP
anticipates maintenance costs
associated with the automated Form I–
736, as well as the CNMI EVS–TAP
program for PRC nationals.
Table 4 summarizes the IT costs
associated with the development and
implementation of Phase I and Phase II
of this rulemaking regarding G–CNMI
VWP Automation and CNMI EVS–TAP
(the Guam-CNMI program). Program
costs are divided into two categories,
with the first being development of the
software and the DHS–CBP website for
64 Note: please refer to the regulatory text for
specifications and additional requirements.
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both phases incurred in the first year,
and the second as operation and
maintenance costs for the subsequent
four years. The program’s total
development is estimated at $3,169,486
incurred in the first year, with
operations and maintenance starting at
$646,575 undiscounted in the second
year and rising to $686,151
undiscounted in the program’s fifth
year. The program’s total
implementation cost is estimated at
$5,834,416 undiscounted over the next
five-year period.
TABLE 4—GUAM-CNMI PROGRAM IMPLEMENTATION COSTS
[Phase I and II]
Cost category
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
Development ............................................
Operations and Maintenance ...................
$3,169,486
........................
........................
646,575
........................
659,507
........................
672,697
........................
686,151
$3,169,486
2,664,930
Total ..................................................
3,169,486
646,575
696,507
672,697
686,151
5,834,416
In addition, CBP has identified that
the changes in this rule will result in a
net increase in traveler time. The
increased traveler time will result in a
cost increase. The following sections
explain the process for Phase I for each
group of travelers and Phase II in further
detail.
Increased Traveler Times Associated
With the Automation of Form I–736 for
G–CNMI VWP Travelers
In order to provide an estimate of the
net change in traveler times as a result
of this rule (measured as the difference
in minutes between the current process
and the new process), it is important to
understand the current inspection and
admission process in Guam and the
CNMI. In general, the traveler
disembarks from the aircraft, enters the
FIS and joins the queue. If it is the case
that the traveler has neither a current
ESTA, nor a valid EVUS authorization,
then the traveler approaches the CBP
officer and presents a valid passport and
a completed and signed CBP Form I–
736. If the traveler has all documents in
order, then the officer compares the
passport to the person and reviews CBP
Form I–736. The officer then scans the
passport in the TPAC and reviews any
lookouts that may appear in the system.
The officer questions the traveler as to
the purpose and length of stay and other
relevant questions. The officer either
admits the traveler, refers the traveler
for secondary inspection, or grants
parole in the case for PRC nationals to
the CNMI. Under this IFR, with the
automation of Form I–736 for G–CNMI
VWP countries and geographic areas in
Phase I and with the implementation of
CNMI EVS–TAP for PRC nationals in
Phase II, both programs will result in a
net increased traveler times.
Table 5 describes the three varying
scenarios that can occur under the
current process when a traveler from a
participating G–CNMI VWP country
arrives at an FIS at either Guam or the
CNMI. The left-hand column, labeled
(a), describes the scenario with the least
amount of traveler time and represents
a traveler with an approved ESTA. The
traveler time in this first scenario is
estimated to take approximately two
minutes per traveler. The middle
column, labeled (b), describes the
scenario when the traveler does not
have an approved ESTA, but has in
hand the required current paper CBP
Form I–736 completed and signed. The
traveler time in this second column is
approximately the same as that in the
first column, however, there is a greater
chance that the traveler may be found to
be inadmissible. This rule will attempt
Total
to lower the likelihood of a traveler
being found inadmissible for three
reasons: (1) the traveler’s information
will be collected beforehand by CBP and
DHS; (2) the collected information will
have gone through a vetting process
before the traveler boards the carrier;
and (3) the CBP officer will have the
traveler’s information in digital format
for a few seconds beforehand to make an
assessment on admissibility with greater
confidence. The right-hand column,
labeled (c), is the most time consuming
scenario and describes the case in
which a traveler arrives at FIS without
an approved ESTA, and without CBP
Form I–736. It is the number of
occurrences in column (c) that this rule
will attempt to eliminate, as the traveler
time under this third scenario can take
up to an estimated seven minutes per
traveler. Under this IFR, the automation
of Form I–736 will result in most
travelers following a scenario similar to
that described in the column (a). Note
that none of these scenarios includes the
time it takes to complete the Form I–736
as that time burden is borne by the
traveler in all scenarios in both the
baseline and under the rule. The next
two subsections describe both the
current and proposed processes in more
detail.
TABLE 5—CURRENT PROCESS FOR GENERAL VWP AND G–CNMI VWP PARTICIPANTS TRAVELING TO GUAM OR THE
CNMI
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[Traveler time is in parentheses]
Traveler from general VWP participating country with current (approved) ESTA enrollment (a)
Traveler from G–CNMI VWP participating
country without an approved ESTA, with CBP
Form I–736 completed and signed (b)
Traveler from G–CNMI VWP participating
country without an approved ESTA, without
CBP Form I–736 (c)
Traveler arrives at the FIS area and presents
travel documents to the CBP officer.
CBP officer inspects travel documents to include passport and reviews for compliance.
Traveler’s information is stored in databases
(approx. 1 min).
Traveler arrives at the FIS area and presents
travel documents to the CBP officer.
If traveler is in possession and compliance
with all required travel documents, then, the
CBP officer compares the passport to the
person and reviews CBP Form I–736
(approx. 1 min).
Traveler arrives at the FIS area and presents
travel documents to the CBP officer.
The traveler is returned to the airline agent
stationed in the primary queue area who is
actively checking the passengers’ forms before the passengers get to primary (approx.
5 min).
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3317
TABLE 5—CURRENT PROCESS FOR GENERAL VWP AND G–CNMI VWP PARTICIPANTS TRAVELING TO GUAM OR THE
CNMI—Continued
[Traveler time is in parentheses]
Traveler from general VWP participating country with current (approved) ESTA enrollment (a)
Traveler from G–CNMI VWP participating
country without an approved ESTA, with CBP
Form I–736 completed and signed (b)
Traveler from G–CNMI VWP participating
country without an approved ESTA, without
CBP Form I–736 (c)
CBP officer interviews the traveler as to the
purpose and length of intended stay and
other relevant questions (approx. 1 min).
CBP officer interviews the traveler as to the
purpose and length of intended stay and
other relevant questions (approx. 1 min).
CBP officer either refers the person to secondary, or grants admission to Guam or the
CNMI.
If traveler is admissible, then, the traveler proceeds to local CNMI Customs Service for
processing.
CBP officer either refers the person to secondary, or grants admission to Guam or the
CNMI.
If traveler is admissible, then, the traveler proceeds to local CNMI Customs Service for
processing.
Once traveler’s documents are completed and
in compliance, then, the CBP officer compares the passport to the person and reviews CBP Form I–736 (approx. 1 min).
CBP officer interviews the traveler as to the
purpose and length of intended stay and
other relevant questions (approx. 1 min).
CBP officer determines traveler’s admissibility
into Guam or the CNMI.
If traveler is admissible, then, the traveler proceeds to local CNMI Customs Service for
processing.
Total time: 2 min ................................................
Baseline Process for G–CNMI VWP
Travelers Visiting Either Guam or the
CNMI
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A CBP Form I–736 is required for
travel to Guam and the CNMI except in
three circumstances. CBP Form I–736 is
not required if a traveler holds a valid
visa for travel to the United States. The
processing time for these travelers is
estimated to be approximately two
minutes, which is the time it takes for
the CBP officer to inspect the travel
documents and ask questions to the
traveler regarding the purpose and
length of intended stay as well as other
relevant questions. If a traveler is a
citizen of Australia, Brunei, Japan, New
Zealand, South Korea, Singapore,
Taiwan, or the United Kingdom 65 and
has a current ESTA enrollment, then
CBP Form I–736 is also not required and
the respective processing time upon
arrival resembles that detailed in
column (a) of Table 5. If a traveler from
the PRC holds a valid visa for travel to
the United States and has a valid EVUS
enrollment, then CBP Form I–736 is also
not required.
Citizens or nationals from one of the
twelve countries or geographic areas
participating in the G–CNMI VWP
(Australia, Brunei, Hong Kong, Japan,
Malaysia, Nauru, New Zealand, Papua
New Guinea, South Korea, Singapore,
65 These countries are part of both the general
Visa Waiver Program and G–CNMI VWP.
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Total time: 2 min ..............................................
Taiwan and the United Kingdom) who
travel to Guam or CNMI without a
current ESTA enrollment are required,
with a few exceptions, to present a
signed paper copy of CBP Form I–736
upon arrival. Their processing time can
vary depending on whether or not the
traveler has a completed and signed
CBP Form I–736. If the traveler arrives
without an approved ESTA, but has a
completed, printed and signed CBP
Form I–736, the CBP officer then
reviews the information presented in
CBP Form I–736, along with relevant
travel and related questions, and makes
a determination of admissibility to the
United States. The processing time
corresponding to column (b) in Table 5
is also estimated at two minutes.
If, on the other hand, the traveler from
a G–CNMI VWP participating country
does not have a completed, printed and
signed CBP Form I–736, then the CBP
officer refers the traveler to an airline
agent to complete and sign CBP Form I–
736. CBP estimates that the need to go
to an airline agent adds five minutes to
the traveler’s time, not including the
time it actually takes to complete the
CBP Form I–736. It generally takes 19
minutes to complete CBP Form I–736,
but this time is borne whether the
traveler arrives at the airport with a
completed form or not; all that varies is
when the traveler fills out the form. The
CBP officer then reviews the
information contained within the form
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Total time: 7 min.
and asks relevant travel and related
questions regarding the traveler’s
purpose and length of stay at the
inspection interview and makes a
determination of admissibility. CBP
estimates that the third process
described in column (c) in Table 5 takes
seven minutes from beginning to end,
not including the time it takes to
complete the CBP Form I–736.
New Process for G–CNMI VWP
Travelers When Visiting Either Guam or
the CNMI
CBP intends to improve the arrival
process by automating Form I–736
whereby the traveler does not need to
print and sign a paper CBP Form I–736.
Instead, CBP will automate Form I–736
by having travelers fill out the form in
advance, answer the required personal
and travel questions and update their
information prior to their travel. CBP
will then use this information to review
against national and international law
enforcement databases to prescreen
travelers, which will improve the
current vetting process, and as a result
receive a determination of travel
eligibility. In essence, as a result of this
rule, the processes represented in
columns (b) and (c) of Table 5 will be
eliminated, and all travelers from G–
CNMI VWP will follow a process that
resembles column (a) in Table 5. The
process will be similar to the current
ESTA process.
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In order to quantify the economic
benefits (or cost) resulting from this
rule’s change in traveler times, a value
of time is needed. The U.S. Department
of Transportation (USDOT) 66 provides
estimates on the value of travel time.
Since travelers from all of the countries
and geographic areas selected by the
U.S. Government to participate in the
G–CNMI VWP, and PRC nationals
granted discretionary parole into the
CNMI, are typically higher income
individuals,67 they are thus more likely
to have values of time similar to the
USDOT’s value of travel time savings
estimates. Accordingly, CBP believes
that this value of travel time savings
reported in USDOT’s memorandum is
an accurate representation of the value
of time savings that travelers from G–
CNMI VWP participating countries and
geographic areas also place on travel
time and CBP uses $53.24 as the
estimated hourly value of travel time for
affected travelers.
Net Change in Traveler Time With
Automated Form I–736
The net change in traveler times
depends on the travelers’ baseline
behavior. Some will see an increase in
time burden and others will see a
decrease. On net, the overall population
will not see a change in the traveler time
as a result of this rule and the
automation of Form I–736. As
previously mentioned, the processes
described in columns (b) and (c) of
Table 5 are expected to be eliminated.
Using travel projections from Table 3,
CBP can estimate the net change in
traveler time associated with the
automation of Form I–736. From fiscal
years 2015 to 2019, a total of
approximately six million travelers from
G–CNMI VWP participating countries
and geographic areas arrived in Guam
and the CNMI requiring a paper CBP
Form I–736. CBP subject matter experts
estimate that approximately 60 percent
of the six million G–CNMI–VWP
travelers 68 arrived with a completed
CBP Form I–736 (column (b)) and 40
percent arrived without one and needed
to complete and sign upon arrival
(column (c)).
The total estimated processing time
for a traveler that falls under column (b)
of Table 5 currently is estimated at two
minutes. Under this IFR, travelers will
now be required to access and submit
their personal and travel information
into the automated version of Form I–
736. CBP estimates that this new
process will burden travelers by an
additional two minutes, which
represents the time it takes to set up an
account on the new website and log in
to access the automated Form I–736.
Thus, the difference in time between
column (b) and the new proposed
process is expected to be approximately
an additional two minutes. The
increased time burden and monetized
time costs for travelers that arrive with
a completed I–736 (column (b)) are
presented in Table 6.
TABLE 6—NET CHANGE IN TRAVELER TIME FROM AUTOMATION OF FORM I–736, COLUMN (B)
Time burden
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
Total
Number of travelers ..................................................................
Additional time burden (min) .....................................................
Burden hours .............................................................................
699,000
2
23,300
690,962
2
23,032
683,016
2
22,767
675,162
2
22,505
667,395
2
22,247
3,415,535
........................
113,851
Monetized Time Cost .........................................................
$1,240,492
$1,226,224
$1,212,115
$1,198,166
$1,184,430
$6,061,427
The current processing time
associated with column (c) of Table 5 is
seven minutes. Travelers will now have
to follow the two-minute process
described in column (a), but will also
bear the additional two-minute time
burden to set up a new account and
logging into the website. On net, these
travelers will experience a three-minute
time savings as a result of this rule. The
estimated time savings benefits from
reduced processing at the G–CNMI FIS
associated with column (c) of Table 5
are presented in Table 7.
TABLE 7—NET CHANGE IN TRAVELER TIME FROM AUTOMATION OF FORM I–736, COLUMN (C)
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Time reduction
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
Total
Number of travelers ..................................................................
Time reduction (minutes) ..........................................................
No. of hours reduced ................................................................
466,000
3
23,300
460,640
3
23,032
455,345
3
22,767
450,107
3
22,505
444,931
3
22,247
2,277,023
........................
113,851
Monetized Time Benefit .....................................................
$1,240,492
$1,226,224
$1,212,115
$1,198,166
$1,184,430
$6,061,427
After applying this value for travel
time using the all-purpose travel
category, CBP estimates that the 2-
minute increase for 60 percent of
travelers (column b) and 3-minute
decrease for 40 percent of travelers
(column c) results in a net undiscounted
economic benefit resulting from
automation of Form I–736 is $0 over the
66 For the monetized time costs used in this
analysis to calculate the time burden imposed on
travelers for the increased time burden to fill out
the automated Form I–736, CBP uses the U.S.
Department of Transportation’s (USDOT) hourly
time value of $47.10 for all-purpose, intercity air
travelers. The 2015 hourly figure is then multiplied
with a GDP deflator multiplier of 1.1304 to reflect
a 2021 dollars wage rate of $53.24. The opportunity
cost associated with column (b) of Table 5 was
estimated by multiplying the hourly Value of Travel
Time Savings (VVTS) figure with the change in
minutes it takes to complete the automated Form
I–736. Similarly, the opportunity cost associated
with column (c) of Table 5 was estimated by
multiplying the VTTS figure with the change in
minutes it takes to complete the automated Form
I–36. Source: U.S. Department of Transportation,
Office of Transportation Policy. The Value of Travel
Time Savings: Departmental Guidance for
Conducting Economic Evaluations Revision 2 (2015
Update). ‘‘Table 4 (Revision 2-corrected):
Recommended Hourly Values of Travel Time
Savings for All-Purpose, Intercity Air and HighSpeed Rail Travel.’’ April 29, 2015. Available at
https://www.transportation.gov/sites/dot.gov/files/
docs/2016%20Revised%20
Value%20of%20Travel%20Time%20Guidance.pdf.
Accessed Sept. 28, 2020.
67 See Economic Analysis for the Interim Final
Rule: Implementation of the Guam-CNMI Visa
Waiver Program (Oct. 31, 2008), pp. 3–13 (CNMI)
and 4–5 (Guam), available at https://
www.regulations.gov/document/USCBP-2009-00010002.
68 Some travelers are likely to be repeat travelers,
which may affect estimated costs and benefits
presented in this analysis, but CBP data on repeat
travelers in this situation are not readily available.
To the extent that some travel more than once in
a two-year period, the costs and savings associated
with the one-time process of completing the
automated Form I–736 will be lower.
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next five-year period. The resulting net
change in traveler time associated with
Phase I, which corresponds to the
summation of Table 6 and Table 7, is
presented in Table 8.
TABLE 8—TOTAL NET CHANGE IN TRAVELER TIME OF PHASE I FROM THE AUTOMATION OF FORM I–736
Economic cost
FY 2022
FY 2023
FY 2024
Monetized time cost .................................
Monetized time benefit .............................
$1,240,492
1,240,492
$1,226,224
1,226,224
$1,212,115
1,212,115
$1,98,116
1,98,116
$1,184,430
1,184,430
$6,061,427
6,061,427
Total time cost (undiscounted) .........
0
0
0
0
0
0
Increased Traveler Time Associated
With the Automation of Form I–736 for
PRC Nationals and Increased Traveler
Time Associated With the
Implementation of CNMI EVS–TAP
The automation of Form I–736 for
PRC nationals seeking parole in Phase I
and CNMI EVS–TAP in Phase II applies
to when they arrive at an FIS at the
CNMI only. PRC nationals still must
obtain a visa to enter Guam, and this
rule does not change applicable visa
requirements for travel to Guam. In
order to estimate the expected net
change in processing time at inspection
with the proposed processes under this
rule, it is important to understand the
current process. The difference in
processing times between the current
process and the new processes is the net
change in traveler time, with the net
change in processing time (measured as
the difference in minutes between the
current process and the new process),
and the economic cost measured as the
value of time associated with the
increase in processing time.
FY 2025
Table 9 explains the three varying
scenarios that can result under the
current process when travelers from the
PRC arrive at the CNMI. The left-hand
column, labeled (d), describes the
scenario with the least amount of
processing time and coincides with a
visa traveler having a valid (approved)
EVUS enrollment. The middle column,
labeled (e), describes the scenario where
the traveler arrives without a visa, but
has in hand the required current paper
version of CBP Form I–736 completed
and signed, and seeks parole. The
processing time in column (e) takes
approximately five minutes, and takes
about three minutes longer to process
than in column (d). There is also a
higher chance that the traveler is found
to be inadmissible to the CNMI or
denied parole as there has been no prearrival vetting in this scenario. This rule
will attempt to lower the likelihood of
a traveler being found inadmissible or
denied parole for three reasons: (1) the
traveler’s information will have been
collected beforehand by CBP and DHS;
FY 2026
Total
(2) the collected information will have
gone through a vetting process before
the traveler boards; and (3) the CBP
officer will have the traveler’s
information in digital format a few
seconds beforehand to make an
assessment on admissibility with greater
confidence. The right-hand column,
labeled (f), is the most time consuming
scenario and describes the case in
which a traveler arrives at an FIS
without a visa, and without CBP Form
I–736. The processing time under
column (f) is estimated to take up to
nine minutes per traveler. It is the
number of occurrences in columns (e)
and (f) that this rule will attempt to
eliminate. Under this IFR, the
implementation of CNMI EVS–TAP will
result in most travelers following a
scenario similar to that described in
column (d). The automation of Form I–
736 will be included within the
implementation of CNMI EVS–TAP. The
next two subsections describe both the
current and the proposed processes in
more detail.
TABLE 9—CURRENT PROCESS FOR PRC NATIONALS TRAVELING TO THE CNMI
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[Traveler time is in parentheses]
Traveler with PRC passport, valid visa, and
valid (approved) EVUS enrollment (d)
Traveler with PRC passport, without visa
(seeks parole), with CBP Form I–736
completed and signed (e)
Traveler with PRC passport, without visa
(seeks parole), without CBP Form I–736 (f)
PRC national arrives at the FIS area and presents travel documents to the CBP officer.
CBP officer inspects travel documents and reviews personal and travel information stored
in databases (approx. 1 min).
PRC national arrives at the FIS area and presents travel documents to the CBP officer.
If traveler has all documents in order, then the
officer compares the passport to the person
and reviews CBP Form I–736 (approx. 1
min).
CBP officer interviews the traveler as to the
purpose and length of intended stay and
other relevant questions (approx. 1 min).
CBP officer interviews the traveler as to the
purpose and length of intended stay and
other relevant questions (approx. 2 min).
CBP officer either refers the person to secondary, or grants admission to Guam or the
CNMI.
If traveler is admissible, then, the traveler proceeds to local CNMI Customs Service for
processing.
CBP officer either refers the person to secondary, or authorizes parole into the CNMI.
PRC national arrives at the FIS area and presents travel documents to the CBP officer.
The traveler is returned to the airline agent
stationed in the primary queue area who is
actively checking the passengers’ forms before the passengers get to primary (approx.
5 min).
Once the traveler’s documents are completed
and found to be in compliance, then, the
CBP officer compares the passport to the
person and reviews CBP Form I–736
(approx. 1 min).
CBP officer interviews the traveler as to the
purpose and length of intended stay and
other relevant questions (approx. 2 min).
CBP officer either refers the person to secondary, or authorizes parole into the CNMI.
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If a parole determination is made, the CBP officer stamps the passport with the CBP parole stamp and annotates the parole expiration date (approx. 2 min).
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TABLE 9—CURRENT PROCESS FOR PRC NATIONALS TRAVELING TO THE CNMI—Continued
[Traveler time is in parentheses]
Traveler with PRC passport, without visa
(seeks parole), with CBP Form I–736
completed and signed (e)
Traveler with PRC passport, without visa
(seeks parole), without CBP Form I–736 (f)
Traveler then proceeds to local CNMI Customs Service for processing.
If the determination to grant discretionary parole is made, the CBP officer stamps the
passport with the CBP parole stamp and
annotates the parole expiration date
(approx. 2 min).
Traveler then proceeds to local CNMI Customs Service for processing.
Total time: 5 min ..............................................
Total time: 9 min.
Traveler with PRC passport, valid visa, and
valid (approved) EVUS enrollment (d)
Total time: 2 min ................................................
Baseline Process for PRC Nationals
When Visiting the CNMI
PRC nationals are required to obtain
a visa prior to travel to visit Guam or the
CNMI, or seek parole into the CNMI
only. Individuals who are issued a visa
by the applicable embassy or consulate
containing maximum validity (10-year)
B1/B2, B1, and B2 visas, are required to
enroll in EVUS. These travelers may use
their valid visa and EVUS enrollment
and follow the process outlined in the
column (d) of Table 9. CBP estimates
that the total processing time for EVUS
enrollees is approximately two
minutes—similar to that of travelers
with an approved ESTA.
PRC nationals who do not have a
valid applicable visa and EVUS
enrollment are required to complete
CBP Form I–736 in order to be granted
parole and allowed to enter into the
CNMI only without having obtained a
visa. Depending on whether the traveler
has a completed and signed CBP Form
I–736, the processing times can vary
following the processes summarized in
columns (e) and (f) of Table 9. The
maximum length of parole into the
CNMI for PRC nationals is currently set
at 14 days. Under the current process,
the paper CBP Form I–736s are
collected, scanned, and stored by CBP.
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Process for PRC Nationals Under Phase
I
During Phase I, PRC nationals will
submit Form I–736 in advance
electronically instead of on paper and
must receive electronic travel
authorization prior to embarking on a
carrier in order to seek parole into the
CNMI until Phase II is implemented.
The automation of Form I–736 for PRC
nationals is included in the CNMI EVS–
TAP discussion below.
Process for PRC Nationals Under Phase
II: CNMI EVS–TAP
This rule introduces CNMI EVS–TAP,
and once CNMI EVS–TAP is
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implemented, this rule eliminates the
current parole process. CNMI EVS–TAP
will require PRC nationals to obtain an
electronic travel authorization in
advance of travel to the CNMI for a
period of stay up to 14 days. Since
CNMI EVS–TAP will be a sub-program
of the G–CNMI VWP, the automation of
Form I–736 will already be included
within CNMI EVS–TAP. CNMI EVS–
TAP users, which includes PRC
nationals, will have a tab with an
additional set of questions used for
screening and vetting purposes. Under
CNMI EVS–TAP, PRC nationals arriving
at the CNMI will follow a process
identical to column (d) in Table 9,
without requiring a visa and instead
arrive with a positive determination of
travel authorization. The CNMI EVS–
TAP process will make more efficient
use of time for the traveler, while also
reducing CBP resources associated with
the parole process, and reduce the
number of travelers turned away after
being denied parole into the CNMI by a
CBP officer at the port of entry.
With the use of CNMI EVS–TAP, PRC
nationals will instead fill out the
required personal and travel
information in advance of travelling,
and CBP will have the information
contained in Form I–736, as well as
responses to the additional CNMI EVS–
TAP questions, for review, screening
and vetting purposes prior to arriving in
the CNMI. At the inspection interview
with a CBP officer, the CBP officer will
make a sounder assessment regarding
admissibility to the CNMI with the
information stored in the CNMI EVS–
TAP database. Having personal and
travel information in advance also
improves national security. A second
result of this rule is that PRC nationals
who have not obtained a visa and valid
EVUS enrollment will experience
processing times closer to that of EVUS.
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Net Change in Traveler Time With
CNMI EVS–TAP and Automated Form
I–736
CNMI EVS–TAP will result in an
increase in processing time for travelers.
With the implementation of CNMI EVS–
TAP, the time associated with columns
(e) and (f) of Table 9 are essentially
eliminated and instead travelers will go
through the process described in
column (d), and will also answer the
additional vetting questions. Using the
travel projections from Table 3, CBP can
estimate the total increase in traveler
time associated with the
implementation of CNMI EVS–TAP.
From fiscal years 2015 to 2019, CBP
primary officers in the CNMI
encountered approximately 808,632
paroled travelers with paper CBP Form
I–736 to the CNMI. Historical data for
PRC arrivals at the CNMI seeking parole
from FY 2015 to FY 2019 are provided
in Table 10. Using the data presented in
Table 10, the number of arrivals to the
CNMI grew at a compound annual
growth rate of 10.86 percent between
fiscal years 2015 and 2019. Using the
expected number of future arrivals to
the CNMI yields a total of 1,133,016
paper CBP Form I–736 69 that will be
avoided over the next five-year period
that will no longer be received and
processed by CBP at primary inspection
stations as a result of this rule.
69 CBP estimates future (PRC nationals) arrivals to
the CNMI by multiplying the arrival total for FY
2019 (PRC nationals) with (1 + growth rate of
10.86%) to obtain a forecasted amount for FY 2022
164,564*(1 + (0.1086)) = 182,436, similarly for FY
2023 is 164,564*(1 + (0.1086)∧2) = 202,249, FY 2024
164,564*(1+(0.1086)∧3) = 224,213, FY 2025
164,564*(1+(0.1086)∧4) = 248,562, FY 2026
164,564*(1+(0.1086)∧5) = 275,556. Total for future
years (prediction): 182,436 (FY22) + 202,249 (FY23)
+ 224,213 (FY24) + 248,562 (FY 25) + 275,556
FY(26) = 1,133,016.
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TABLE 10—PRC ARRIVALS AT THE CNMI SEEKING PAROLE
Arrivals to the CNMI
FY 2015
FY 2016
FY 2017
FY 2018
FY 2019
Total
PRC arrivals at the CNMI ........................
108,952
136,911
184,378
213,827
164,564
808,632
The total estimated processing time
for a traveler that falls under column (d)
of Table 9 is estimated at two minutes,
and serves as the baseline representing
the amount it takes to process PRC
nationals who hold a valid visa and are
traveling under the current EVUS
program. Under this IFR, once CNMI
EVS–TAP is implemented, PRC
nationals seeking to enter the CNMI
without first obtaining a visa will be
required to access and submit their
personal and travel information into the
CNMI EVS–TAP website. The
automation of Form I–736 will already
be included into CNMI EVS–TAP. CBP
estimates that this new process will
burden travelers by an additional two
minutes, which represents the time it
takes to set up an account on the new
website and log in to access CNMI EVS–
TAP. In addition, these travelers will
also be prompted to answer an
additional set of security vetting
questions prior to receiving travel
authorization. CBP estimates that it will
take five minutes to answer these
vetting questions.
A traveler who currently arrives with
a completed and signed CBP Form I–
736, has a baseline time burden of five
minutes, as shown in column (e). Under
this IFR, these travelers will now follow
a process that resembles that in column
(d), but with an additional two-minute
time burden to capture the added time
associated with logging into the CNMI
EVS–TAP website, and an additional
five minutes to answer the new set of
vetting questions. These travelers will
now have a total opportunity cost of
nine minutes, an increase of four
minutes when compared to their
baseline.
In order to monetize the time burden
on travelers from the PRC under CNMI
EVS–TAP, CBP used the historical
information on PRC arrivals at the CNMI
seeking parole from Table 10 to estimate
the forecast for future arrivals to the
CNMI. Using the same compound
growth rate of 10.86 percent, future
travel to the CNMI using CNMI EVS–
TAP is presented in the first line in
Table 10. CBP then used the same
subject matter expert rate of 60-percent
to estimate for the number of PRC
travelers without a visa seeking parole
that would have CBP Form I–736
completed and signed (i.e., travelers
under column (e) in Table 9). The
number of travelers is presented in the
third row of Table 11. Each traveler is
then subject to a net four-minute
increase in travel time when compared
to the baseline from the additional
vetting questions for PRC nationals. The
total time burden, in hours, for all PRC
travelers is presented in the fifth row in
Table 11. Using the USDOT’s value of
travel time cost, CBP obtained a
monetized estimate of the time burden
to PRC travelers. The resulting increased
time burden and monetized costs are
presented in Table 11.
TABLE 11—NET CHANGE IN TRAVELER TIME FROM DEVELOPING CNMI EVS–TAP, COLUMN (e) 70
Time burden
FY 2022
Estimated (PRC nationals) arriving at the
CNMI (forecast) ....................................
FY 2023
FY 2024
FY 2025
FY 2026
Total
PRC Travelers in column (e), Table 8 .....
Additional time burden (minutes) .............
No. of hours (rounded) ............................
182,436
0.60
109,462
4
7,297
202,249
0.60
121,349
4
8,090
224,213
0.60
134,528
4
8,969
248,562
0.60
149,137
4
9,942
275,556
0.60
165,334
4
11,022
1,133,016
........................
679,810
........................
45,321
Monetized Time Cost ........................
$388,517
$430,708
$477,485
$529,337
$586,826
$2,412,873
On the other hand, a traveler who
arrives without an EVUS enrollment, a
valid visa, and a completed CBP Form
I–736, has a baseline time burden of
nine minutes, as shown in column (f).
Under this IFR, these travelers will now
follow a process that resembles that in
column (d), but with an additional two-
minute time burden to capture the
added time associated with accessing
the CNMI EVS–TAP website, and an
additional five minutes to answer the
new set of vetting questions. These
travelers will now have a total
opportunity cost of nine minutes, which
is no net change when compared to
their baseline. These travelers will incur
the same time burden as under the
baseline, but will be undergoing a
different process. The resulting
difference in traveler time when
compared to the baseline for these
individuals is presented in Table 12.
TABLE 12—NET CHANGE IN TRAVELER TIME FROM DEVELOPING CNMI EVS–TAP, COLUMN (f)
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Time reduction
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
Total
Number of travelers .................................
Time reduction (minutes) .........................
No. of hours reduced ...............................
72,974
0
0
80,900
0
0
89,685
0
0
99,425
0
0
110,222
0
0
453,206
........................
0
Monetized Time Benefit ....................
$0
$0
$0
$0
$0
$0
70 CBP estimates future (PRC nationals) arrivals to
the CNMI, column (e), as follows: FY 2022: 164,564
* (1+(0.1086))∧1 * 0.60 = 109,462; FY 2023: 164,564
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* (1+(0.1086))∧2 * 0.60 = 121,349; FY 2024: 164,564
* (1+(0.1086))∧3 * 0.60 = 134,528; FY 2025: 164,564
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* (1+(0.1086))∧4 * 0.60 = 149,137; FY 2026: 164,564
* (1+(0.1086))∧5 * 0.60 = 165,334.
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The resulting increase in CNMI EVS–
TAP traveler times as a result of this
rule is presented Table 13. Note that the
increase in traveler time results from the
increased time it takes to access the
CNMI EVS–TAP website and the
additional time it takes for travelers to
answer the new set of vetting questions
when compared to the baseline.
TABLE 13—TOTAL NET CHANGE IN TRAVELER TIME OF PHASE II FROM DEVELOPING CNMI EVS–TAP
Economic cost
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
Total
Monetized time cost .................................
Monetized time benefit .............................
$388,517
0
$430,708
0
$477,485
0
$529,337
0
$586,826
0
$2,412,873
0
Time cost (undiscounted) .................
388,517
430,708
477,485
529,337
586,826
2,412,873
Similar to the automation of Form I–
736, CBP can quantify the economic
cost associated with increased traveler
times from this IFR using an estimate of
the value of time. The U.S. Department
of Transportation (USDOT) provides
estimates on the value of travel time.
CBP and DHS believe this value of
travel time savings reported in this
memorandum is an accurate
representation of the value of time
savings that arriving business and
pleasure travelers from the PRC place on
time. Applying this value for travel
time, CBP estimates that the
undiscounted monetized time cost of
CNMI EVS–TAP to travelers is
$2,412,873 over the next five-year
period.
Table 14 presents the total cost of
automating Form I–736 as well as CNMI
EVS–TAP over the five-year period of
analysis. The administrative costs
include program development as well as
operations and maintenance to be
incurred by CBP. The table also presents
the monetized time cost resulting from
the change in which traveler
information is processed under the new
program. Note that there is a benefit
from improved processing time, as well
as an increase in the response times
resulting from the added questionnaire
components to be included in CNMI
EVS–TAP. The net result is an increase
in time costs from the implementation
of both Phase I and Phase II.
TABLE 14—TOTAL COSTS PHASE I AND PHASE II (UNDISCOUNTED) OF THE RULE (2022–2026)
Total costs
FY 2022
FY 2024
FY 2025
FY 2026
Total
Phase I time cost .....................................
Phase II time cost ....................................
Program development ..............................
Operations and maintenance ...................
$0
388,517
3,169,486
0
$0
430,708
0
646,575
$0
477,485
0
659,507
$0
529,337
0
672,697
$0
586,826
0
686,151
$0
2,412,873
3,169,486
2,664,930
Total Costs ........................................
3,558,003
1,077,283
1,136,992
1,202,034
1,272,977
8,247,289
CBP is removing a bond provision
that is specific to the G–CNMI VWP.
Since 2009, CBP has not used the bond
provision and even if this regulatory
change did not take place CBP would
not expect to use it in the near future.
As such, the removal of the bond
provision from the G–CNMI VWP is
expected to not increase or decrease
economic costs. CBP continues to have
available the general bond provisions
for nonimmigrant travelers and can
apply this to travelers to Guam and
CNMI as needed. Once again, although
CBP has the authority to impose a bond
on a nonimmigrant traveler, CBP has not
used or imposed a bond requirement on
any traveler to Guam and CNMI in the
past and does not anticipate using the
bond provisions in the near future. As
such, CBP does not expect any increase
khammond on DSKJM1Z7X2PROD with RULES
FY 2023
or decrease in the economic costs as a
result of the general bond provisions in
the near future.
Administrative Cost-Savings to CBP
Associated With the Automation of
Form I–736
Benefits of the Rule
CBP has identified four major benefits
as a result of this IFR. These include: (1)
a reduction in administrative costs to
CBP associated with the automation of
Form I–736, (2) a reduction in the
number of inadmissibility cases, which
reduces costs to both the government
and air carriers, (3) an improvement to
national security by obtaining traveler
information prior to arrival, and (4) a
likely increase in travel from PRC
nationals who would benefit from the
joint automation of Form I–736 and
implementation of CNMI EVS–TAP. The
first two benefits mentioned have been
quantified, whereas the latter two are
discussed qualitatively.
Under this IFR, CBP will no longer
have to receive, scan and store the paper
CBP Form I–736. CBP has estimated that
the cost-savings from automating Form
I–736 is approximately $0.63 per form,
based on historical contract costs for
managing the paper form. Using the
number of estimated future G–CNMI–
VWP arrivals to Guam and the CNMI of
5,692,558 travelers over the five-year
period of analysis, CBP estimates that
total cost-savings from automating Form
I–736 for G–CNMI VWP travelers is
approximately $3,586,314. Table 15
provides detail on the calculated costsavings estimate to CBP.
TABLE 15—COST-SAVINGS TO CBP FROM AUTOMATING FORM I–736 FOR G–CNMI VWP TRAVELERS
Form I–736
FY 2022
G–CNMI VWP travelers (only) .................
Per form CBP cost ...................................
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1,165,000
$0.63
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Frm 00024
FY 2023
FY 2024
1,151,602
$0.63
Fmt 4700
Sfmt 4700
1,138,361
$0.63
FY 2025
1,125,269
$0.63
E:\FR\FM\18JAR1.SGM
18JAR1
FY 2026
1,112,326
$0.63
Total
5,692,558
........................
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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
TABLE 15—COST-SAVINGS TO CBP FROM AUTOMATING FORM I–736 FOR G–CNMI VWP TRAVELERS—Continued
Form I–736
FY 2022
Total ..................................................
733,950
Similarly, under this IFR, CBP will no
longer receive, scan and store the paper
CBP Form I–736 from PRC nationals
seeking parole into the CNMI. Aside
from the additional vetting questions for
PRC nationals under CNMI EVS–TAP,
the Form I–736 that PRC nationals must
complete is identical to the Form I–736
FY 2023
FY 2024
725,509
717,167
travelers from G–CNMI VWP
participating countries must also
complete. CBP has estimated that the
cost-savings from no longer having to
scan and store paper versions of the CBP
Form I–736 for PRC nationals seeking
parole is also $0.63 per form. Using the
number of estimated future arrivals to
FY 2025
708,919
FY 2026
700,765
Total
3,586,310
the CNMI of 1,113,016 of PRC nationals
under CNMI EVS–TAP, CBP estimates
that the total cost-savings to CBP from
automating Form I–736 for PRC
travelers is $713,803. Table 16 provides
details on the calculated cost-saving
estimate to CBP with regards to PRC
nationals under EVS–TAP.
TABLE 16—COST-SAVINGS TO CBP FROM AUTOMATING FORM I–736 FOR PRC TRAVELERS
Form I–736
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
Total
PRC Travelers (only) ...............................
Per form CBP cost ...................................
182,436
$0.63
202,249
$0.63
224,213
$0.63
248,562
$0.63
275,556
$0.63
1,133,016
........................
Total ..................................................
114,935
127,417
141,254
156,594
173,600
713,800
As a result, CBP estimates that the
total cost-savings to CBP from
automating Form I–736 is $4,300,117.
Table 17 provides detailed calculations
for both groups of travelers for this
estimate.
TABLE 17—COST-SAVINGS TO CBP FROM AUTOMATING FORM I–736
Form I–736
FY 2022
FY 2024
FY 2025
FY 2026
Total
G–CNMI VWP travelers ...........................
PRC travelers ...........................................
$733,950
114,935
$725,509
127,417
$717,167
141,254
$708,919
156,594
$700,765
173,600
$3,586,310
713,800
Total ..................................................
848,885
852,926
858,421
865,513
874,365
4,300,110
Benefit From Reduced Inadmissibility
Cases
khammond on DSKJM1Z7X2PROD with RULES
FY 2023
Under this IFR, CBP will be able to
make a determination of travel
eligibility of travelers from G–CNMI
VWP countries and geographic areas,
and the PRC, by assessing data in
advance of travel, including an analysis
of whether such travel poses a law
enforcement or security risk. The rule
accomplishes both goals of promoting
border security and legitimate travel to
the United States. By modernizing the
G–CNMI VWP the automated Form I–
736 is intended to both increase
national security and provide for greater
efficiencies in the screening of
international travelers by allowing for
screening of subjects of potential
interest well before boarding, thereby
reducing traveler delays based on
potentially lengthy processes at the U.S.
ports of entry.
In addition, each year a small
percentage of travelers to the United
States are deemed inadmissible for a
variety of reasons, including obvious
health problems, overstays from
previous visits, criminal activity, etc.
These noncitizens may be returned to
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16:09 Jan 17, 2024
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their country of origin at the commercial
carrier’s expense, and the carrier may be
fined for transporting a noncitizen not
in possession of proper documentation.
One of the purposes of this rule is to
prevent ineligible entrants from arriving
in the United States. Currently, travelers
answer questions concerning
admissibility and present this
information to the CBP officer. Based on
the answers to these questions, other
information available, and personal
judgement, the CBP officer makes the
determination to admit the person to the
United States, or refer the traveler to
secondary inspection for further
processing. Under this IFR, CBP and
DHS will have travelers’ personal and
travel information to conduct prevetting of individuals prior to arrival in
the United States at either Guam or the
CNMI. As such, the number of travelers
that will be sent to secondary
inspection, as well as the associated
costs to CBP and carriers, is expected to
decrease.
In particular, automation of Form I–
736 will allow for advance screening of
G–CNMI VWP travelers against
databases for lost and stolen passports,
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Frm 00025
Fmt 4700
Sfmt 4700
visa revocations, and terrorists. Based
on CBP data, the current rate of travelers
determined to be inadmissible on an
annual basis has been calculated in
Table 18 for each G–CNMI VWP
participating country. As a result of this
rule, CBP anticipates this rate of
inadmissibility to be reduced even
further, since arrivals will have gone
through the pre-vetting process and
been given a positive determination of
travel eligibility prior to disembarking
to the United States.71
71 CBP uses inadmissibility rates to estimate the
number of inadmissibility determinations that
might be reduced by this rule’s imposition of a
travel eligibility determination; however, a positive
determination of travel eligibility provided under
this IFR permitting an individual to travel to the
United States does not guarantee admissibility. As
such, even with a positive determination of travel
eligibility, certain travelers are found inadmissible
upon arrival into the United States. An important
element to determine eligibility to enter the United
States is at the inspection interview between the
CBP officer and the potential entrant. Accordingly,
these estimates may overstate the actual reduction
in inadmissibility cases. Carriers are still
responsible for returning passengers to their last
foreign point of departure at the carriers’ expense
if travelers cannot overcome the eligibility
judgement of the CBP officer during secondary
processing, even once this rule is in effect.
E:\FR\FM\18JAR1.SGM
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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
When inadmissible travelers are
brought to the United States, they are
referred to secondary inspection where
a CBP or other law enforcement officer
questions them and processes them for
return to their country of origin. CBP
estimates that it costs $136 72 per
individual for questioning and
processing. CBP applies the
inadmissibility rate of each G–CNMI
VWP participating country to the
anticipated forecasted number of
arrivals for fiscal years 2022 to 2025 to
obtain an estimate of future
inadmissibility cases that will be
avoided as a result of this rule. The rate
is applied by country of origin to
travelers from current G–CNMI VWP
participating countries and geographic
areas to obtain an estimate of the
number of reduced inadmissibility cases
in Phase I. Table 18 presents the number
of inadmissibility cases, and Table 19
presents the associated costs to CBP that
will be reduced as a result of this rule.
TABLE 18—G–CNMI VWP PARTICIPATING COUNTRIES—INADMISSIBLE RATE AND FORECAST
Country or
geographic area
Inadmissible
rate (pct.)
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
Total
Australia ........................................................................................................
Brunei ............................................................................................................
Hong Kong ....................................................................................................
Japan .............................................................................................................
Malaysia ........................................................................................................
Nauru .............................................................................................................
New Zealand .................................................................................................
Papua New Guinea .......................................................................................
South Korea ..................................................................................................
Singapore ......................................................................................................
Taiwan ...........................................................................................................
United Kingdom .............................................................................................
1.1625
0.0000
0.2904
0.0127
1.0563
0.0000
2.1341
0.5339
0.0228
1.8471
0.4322
0.8349
5
0
8
58
6
0
3
1
157
3
88
5
5
0
8
57
6
0
3
1
156
3
87
5
5
0
7
57
6
0
3
1
154
3
86
5
5
0
7
56
5
0
3
1
152
3
85
5
5
0
7
55
5
0
3
1
150
3
84
5
25
0
37
283
28
0
15
5
769
15
430
25
Total .......................................................................................................
........................
334
331
327
322
318
1,632
TABLE 19—SAVINGS TO CBP FROM REDUCED INADMISSIBILITY CASES, PHASE I
Economic benefit
FY 2022
Inadmissibility cases (forecast) .................................................................................................
Per traveler CBP cost ...............................................................................................................
Total Reduced Cost to CBP (undiscounted) .....................................................................
When travelers are deemed
inadmissible, the carrier is required to
transport them back to their country-oforigin. CBP estimates that this costs
FY 2023
334
$136
I
45,424
FY 2024
331
$136
I
45,016
carriers $1,880 73 per individual, which
includes the airfare and any lodging and
meal expenses incurred while the
individual is awaiting transportation out
FY 2025
327
$136
I
44,472
FY 2026
322
$136
I
43,792
Total
318
$136
I
43,248
1,632
$136
I
221,952
of the United States. The resulting
savings to carriers from reduced
inadmissibility cases as a result of this
rule is presented in Table 20.
TABLE 20—SAVINGS TO CARRIERS FROM REDUCED INADMISSIBILITY CASES, PHASE I
Economic benefit
FY 2022
Inadmissibility cases (forecast) .............................................................................................
Per traveler carrier cost ........................................................................................................
Total Reduced Costs to Carriers (undiscounted) ..........................................................
Based on this information, CBP
estimates the benefits to the agency
associated with Phase I (automation of
Form I–736) for avoided inadmissibility
cases will total $221,952 undiscounted
FY 2023
334
$1,880
I
627,920
FY 2024
331
$1,880
I
622,280
over the five-year period of analysis.
The benefit to carriers is expected to
total $3,068,160. The total benefit
associated with Phase I over the fiveyear period of analysis is estimated at
FY 2025
327
$1,880
I
614,760
FY 2026
322
$1,880
I
605,360
I
Total
318
$1,880
1,632
$1,880
597,840
3,068,160
$3,290,112 undiscounted. Table 21
presents the savings to both CBP and
carriers as a result of implementing
Phase I.
TABLE 21—TOTAL BENEFITS OF PHASE I FROM REDUCED INADMISSIBILITY CASES
Economic benefit
FY 2022
khammond on DSKJM1Z7X2PROD with RULES
Savings to CBP .....................................................................................................................
Savings to carriers ................................................................................................................
72 CBP estimates that each inadmissible
noncitizen requires two additional hours of
inspection and processing time, at a cost of $136
per arrival based on the $67.92 fully loaded hourly
wage rate for CBP officers. Paperwork Reduction
Act Information Collection Cost Estimates for July
2022 to July 2023.
VerDate Sep<11>2014
16:09 Jan 17, 2024
Jkt 262001
$45,424
627,920
FY 2023
$45,016
622,280
73 CBP has previously estimated this cost to
carriers for ESTA, a program that is similar to that
being proposed in this rule. See CBP, Regulatory
Assessment for the Final Rule: Electronic System
for Travel Authorization (ESTA) (2015), available at
https://www.regulations.gov/document/USCBP2008-0003-0028 (last visited July 20, 2023). In the
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
FY 2024
$44,472
614,760
FY 2025
$43,792
605,360
FY 2026
$43,248
597,840
Total
$221,952
3,068,160
ESTA Regulatory Assessment, the estimated cost to
carriers to process a passenger who is deemed
inadmissible is $1,500. Id. at 4–2. CBP adjusted this
amount using the GDP deflator to reflect this figure
in 2021 U.S. dollars using the corresponding
multiplier amount of 1.2533 (1.2533 × $1,500 =
$1,880).
E:\FR\FM\18JAR1.SGM
18JAR1
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Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
TABLE 21—TOTAL BENEFITS OF PHASE I FROM REDUCED INADMISSIBILITY CASES—Continued
Economic benefit
FY 2022
Phase I Total (undiscounted) .........................................................................................
Similarly, CBP then uses the same
rate and applies the rate to future
forecasted arrivals from the PRC to
obtain an estimate of future
inadmissibility cases under Phase II.
Once again, CBP estimates that it costs
FY 2023
673,344
FY 2024
667,296
$136 per individual for questioning and
processing. CBP uses the 0.3108-percent
rate and applies this rate to the
anticipated forecasted number of
arrivals for fiscal years 2022 to 2026 to
obtain an estimate of future
FY 2025
659,232
FY 2026
649,152
641,088
Total
3,290,112
inadmissibility cases that will be
avoided as a result of this rule. The
results are presented in Table 22 and the
savings to CBP associated from a
reduction in inadmissibility cases is
presented in Table 23.
TABLE 22—PRC ONLY—INADMISSIBLE RATE AND FORECAST
Inadmissible
rate (pct.)
Country or geographic area
China .............................................................................................................
Total .......................................................................................................
FY 2022
0.3108
I
........................
FY 2023
568
I
568
FY 2024
629
I
629
FY 2025
697
I
697
FY 2026
773
I
Total
857
773
I
857
3,524
I
3,524
TABLE 23—SAVINGS TO CBP FROM REDUCED INADMISSIBILITY CASES, PHASE II
Economic benefit
FY 2022
Inadmissibility cases (forecast) .............................................................................................
Per traveler CBP cost ...........................................................................................................
Total Reduced Cost to CBP (undiscounted) .................................................................
Once again, CBP estimates that
returning ineligible travelers to their
country-of-origin costs carriers $1,880
per individual, which includes the
FY 2023
568
$136
I
77,248
FY 2024
629
$136
I
85,544
airfare and any lodging and meal
expenses incurred while the individual
is awaiting transportation out of the
United States. The resulting savings to
FY 2025
697
$136
I
94,792
FY 2026
773
$136
I
105,128
I
Total
857
$136
3,524
$136
116,552
479,264
carriers from reduced inadmissibility
cases as a result of this rule are
presented in Table 24.
TABLE 24—SAVINGS TO CARRIERS FROM REDUCED INADMISSIBILITY CASES, PHASE II
Economic benefit
FY 2022
Inadmissibility cases (forecast) .........................................................................
Per traveler carrier cost ....................................................................................
Total Reduced Cost to Carriers (undiscounted) ........................................
CBP estimates the benefits to the
agency associated with Phase II (CNMI
EVS–TAP) for avoided inadmissibility
cases will total $479,264 undiscounted
over the five-year period of analysis.
FY 2023
568
$1,880
I
1,067,840
FY 2024
629
$1,880
I
1,182,520
FY 2025
697
$1,880
I
The benefit to carriers is expected to
total $6,625,120. The total benefit
associated with Phase II over the fiveyear period of analysis is expected to
total $7,104,384 undiscounted. The total
1,310,360
FY 2026
773
$1,880
I
1,453,240
I
Total
857
$1,880
3,524
$1,880
1,611,160
6,625,120
benefit to both CBP and carriers over the
five-year period of analysis is presented
in Table 25.
TABLE 25—TOTAL BENEFITS OF PHASE II FROM REDUCED INADMISSIBILITY CASES
Economic benefit
Savings to CBP .................................................................................................
Savings to carriers ............................................................................................
khammond on DSKJM1Z7X2PROD with RULES
Phase II Total (undiscounted) ....................................................................
Table 26 presents the combined total
benefits of Phase I and Phase II from
reduced inadmissibility cases over the
I
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
$77,248
1,067,840
$85,544
1,182,520
$94,792
1,310,360
$105,128
1,453,240
$116,552
1,611,160
$479,264
6,625,120
1,727,712
7,104,384
1,145,088
I
1,268,064
five-year period of analysis. The total
estimated benefit of Phase I and Phase
II is expected to total $10,394,496
I
1,405,152
I
1,558,368
I
Total
undiscounted over the next five-year
period.
TABLE 26—TOTAL BENEFITS OF PHASE I AND PHASE II FROM REDUCED INADMISSIBILITY
Total benefits
FY 2022
Phase I:
Savings to CBP ..........................................................................................
Savings to carriers .....................................................................................
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$45,424
627,920
Sfmt 4700
FY 2023
$45,016
622,280
FY 2024
FY 2025
$44,472
614,760
E:\FR\FM\18JAR1.SGM
18JAR1
$43,792
605,360
FY 2026
$43,248
597,840
Total
$221,952
3,068,160
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TABLE 26—TOTAL BENEFITS OF PHASE I AND PHASE II FROM REDUCED INADMISSIBILITY—Continued
Total benefits
FY 2022
FY 2023
FY 2024
FY 2025
FY 2026
Total
Phase I Total ......................................................................................
673,344
667,296
659,232
649,152
641,088
3,290,112
Phase II:
Savings to CBP ..........................................................................................
Savings to carriers .....................................................................................
77,248
1,067,840
85,544
1,182,520
94,792
1,310,360
105,128
1,453,240
116,552
1,611,160
479,264
6,625,120
Phase II Total .....................................................................................
1,145,088
1,268,064
1,405,152
1,558,368
1,727,712
7,104,384
Total Benefits ...............................................................................
1,818,432
1,935,360
2,064,384
2,207,520
2,368,800
10,394,496
Other Non-Monetized Benefits
Another important benefit of this rule
that is discussed but not quantified, is
the improvement to national security.
Since all participants using the
automated Form I–736 or CNMI EVS–
TAP as a result of this IFR will be
screened prior to boarding a carrier,
information about their background that
could be a threat to national security
will be obtained by CBP and DHS before
they board a plane.
Additionally, because parole is
granted on a case-by-case basis, and
therefore, not all PRC nationals have to
be granted parole, CBP anticipates that
CNMI EVS–TAP will have a spillover
effect to Chinese travelers from two
groups: (1) those who, under the
baseline, could seek to be paroled into
the CNMI and did not have to (but
could) obtain a visa to travel to the
CNMI and (2) those who either could
not or chose not to seek to be paroled
into the CNMI and had to obtain a visa,
but that will be able to travel without
first obtaining a visa to the CNMI
because of this IFR. Both of these groups
will now be able to travel to the CNMI
without paying the visa fee of $160 and
spending the time it takes to obtain a
visa (90 minutes).74 CBP does not know
how many individuals will increase
their travel as a result of this rule, but
CBP believes that this number will be
relatively small and hence is discussed
qualitatively in this analysis.
Results: Net Impact of Rule
For the five-year period of analysis,
the present value cost of the IFR is
estimated at $7,018,942 (PV, 7-percent),
which includes increased traveler
opportunity cost for both Phase I and
Phase II, information technology costs
associated with the automation of Form
I–736, as well as developing CNMI
EVS–TAP. The estimated costs of this
rule are presented in Table 27.
TABLE 27—TOTAL COSTS OF THE RULE (2022–2026)
[2021 USD]
3% Discount rate
Costs
7% Discounted rate
Undiscounted
Present value
Time burden, program development, operations and maintenance .............................................................................
The present value benefits are
$11,956,620 (PV, 7-percent), which
result from a reduction in costs to CBP
$8,247,289
$7,676,396
resulting from the automation of Form
I–736, and a reduction in costs
associated with individuals found to be
Annualized
$1,676,176
Present value
$7,018,942
Annualized
$1,711,855
inadmissible at Guam-CNMI POEs. The
sums of the total benefits resulting from
this rule are presented in Table 28.
TABLE 28—TOTAL BENEFITS OF THE RULE (2022–2026)
[2021 USD]
3% Discount rate
Benefits
Present value
Phase I:
Automation of Form I–746 ............................................
Phase II:
CNMI EVS–TAP ...........................................................
Total .......................................................................
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7% Discounted rate
Undiscounted
Annualized
Present value
Annualized
$6,876,422
$6,302,883
$1,376,263
$5,633,886
$1,377,519
7,818,184
7,117,691
1,554,180
6,322,734
1,542,055
14,694,606
13,420,574
2,930,443
11,956,620
2,919,574
The net present value is calculated as
the difference between present value
costs and present value benefits. The net
present value for this rule is calculated
at $4,937,678 (PV 7-percent), and
accordingly the present value benefits
justify the present value costs (see Table
29).
74 Form DS–160 time burden includes the time
estimated to complete Form DS–160: Online
Nonimmigrant Visa Application for the B–1, B2, or
B–1/B2.—See, e.g., U.S. Department of State, 60Day Notice of Proposed Information Collection:
Application for Nonimmigrant Visa, 83 FR 13807
(Mar. 30, 2018).
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TABLE 29—NET PRESENT BENEFITS OF THE RULE (2022–2026)
[2021 USD]
3% Discount rate
Net benefits
Present value
Automation of Form I–736 and CNMI EVS–TAP ................
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et. seq.), as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, requires agencies
to assess the impact of regulations on
small entities when the agency is
required to publish a general notice of
proposed rulemaking for a rule. A small
entity may be a small business (defined
as any independently owned and
operated business not dominant in its
field that qualifies as a small business
per the Small Business Act); a small notfor-profit organization; or a small
governmental jurisdiction (locality with
fewer than 50,000 people). Because this
rule is being issued as an interim final
rule under the foreign affairs exception
described above, a regulatory flexibility
analysis is not required under the
Regulatory Flexibility Act (5 U.S.C.
601–612).
D. Unfunded Mandates Reform Act
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
(adjusted annually for inflation) in any
one year, and it will not significantly or
uniquely affect small governments.
Therefore, no actions were deemed
necessary under the provisions of the
Unfunded Mandates Reform Act of
1995.
E. Privacy
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CBP will ensure that all Privacy Act
requirements and policies are adhered
to in the implementation of this rule,
and will issue or update any necessary
Privacy Impact Assessment and/or
Privacy Act System of Records notice to
fully outline processes that will ensure
compliance with Privacy Act
protections.
$6,447,317
$5,744,178
collection for CBP Forms I–736 (OMB
control number 1651–0109).
This rule automates the collection of
Form I–736 and requires that travelers
under the G–CNMI VWP submit this
information in advance of arrival. The
rule also creates a new system, CNMI
EVS–TAP, wherein travelers from the
PRC to the CNMI can submit advance
information to CBP so they may be
vetted for a 14-day visa free
admissibility period. These travelers
will also need to complete an additional
set of vetting questions. OMB Control
number 1651–0109 will be revised to
reflect the increase in burden hours as
follows:
Form I–736
Estimated Number of Respondents:
1,370,000.
Estimated Number of Responses per
Respondent: 1.
Estimated Number of Total Annual
Responses: 1,370,000.
Estimated Time per Response: 21
minutes (0.35 hours).
Estimated Total Annual Burden
Hours: 479,500.
CNMI EVS–TAP
Estimated Number of Annual
Respondents: 230,000.
Estimated Number of Annual
Responses per Respondent: 1.
Estimated Total Annual Responses:
230,000.
Estimated Time per Response: 26
minutes (0.433 hours).
Estimated Total Annual Burden
Hours: 99,667.
List of Subjects
8 CFR Part 212
Administrative practice and
procedure, Aliens, Immigration,
Passports and visas, Reporting and
recordkeeping requirements.
F. Paperwork Reduction Act
8 CFR Part 214
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507),
an agency may not conduct, and a
person is not required to respond to, a
collection of information unless the
collection of information displays a
valid control number assigned by OMB.
The collections of information for this
rulemaking are included in an existing
Administrative practice and
procedure, Aliens, Cultural exchange
program, Employment, Foreign officials,
Health professions, Reporting and
recordkeeping requirements, Students.
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7% Discounted rate
Undiscounted
8 CFR Part 233
Air carriers, Aliens, Government
contracts, Maritime carriers.
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Annualized
$1,254,266
Present value
$4,937,678
Annualized
$1,207,719
Amendments to the Regulations
For the reasons set forth above, DHS
amends parts 212, 214, and 233 of title
8 of the Code of Federal Regulations (8
CFR parts 212, 214, and 233) as follows:
PART 212—DOCUMENTARY
REQUIREMENTS: NONIMMIGRANTS;
WAIVERS; ADMISSION OF CERTAIN
INADMISSIBLE ALIENS; PAROLE
1. The authority citation for part 212
is revised to read as follows:
■
Authority: 6 U.S.C. 111, 202(4) and 271;
8 U.S.C. 1101 and note, 1102, 1103, 1182 and
note, 1184, 1187, 1223, 1225, 1226, 1227,
1255, 1359; section 7209 of Pub. L. 108–458
(8 U.S.C. 1185 note); Title VII of Pub. L. 110–
229 (8 U.S.C. 1185 note); Pub. L. 115–218; 8
CFR part 2.
Section 212.1(q) and (r) also issued under
section 702, Pub. L. 110–229, 122 Stat. 754,
854.
2. Amend § 212.1 as follows:
a. Revise paragraph (q)(1)(v);
b. In paragraph (q)(1)(x), at the end of
the text remove ‘‘; and’’ and add in its
place ‘‘.’’;
■ c. Remove paragraph (q)(1)(xi);
■ d. In paragraph (q)(2)(ii)(B), add at end
of the last sentence before the period, ‘‘,
and must be in possession of a Taiwan
National Identity Card and a valid
Taiwan passport with a valid re-entry
permit issued by the Taiwan Ministry of
Foreign Affairs’’;
■ e. In paragraph (q)(4), add the heading
‘‘Ineligibility due to admission under
the Guam-CNMI Visa Waiver Program.’’;
■ f. Revise paragraph (q)(5)(iv);
■ g. In paragraph (q)(5)(v), add the text
‘‘(see § 1.4)’’ after the text ‘‘(CBP Form
I–94)’’;
■ h. Remove and reserve paragraph
(q)(6);
■ i. Revise the paragraph (q)(7)
paragraph heading;
■ j. In paragraph (q)(7)(i):
■ i. Remove the designation and
heading;
■ ii. Remove the words ‘‘his or her’’ and
add in their place the words ‘‘the
alien’s’’ in the first instance and the
words ‘‘the officer’s’’ in the second
instance;
■ k. In paragraph (q)(8)(ii)(A), in the first
sentence remove the words ‘‘his or her’’
and add in their place the words ‘‘the
alien’s’’;
■
■
■
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l. In paragraph (q)(8)(ii)(B), remove
the reference to ‘‘paragraph (b)(1)’’ and
add in its place ‘‘paragraph
(q)(8)(ii)(A)’’;
■ m. Add paragraphs (q)(9) and (10);
and
■ n. Add paragraph (r).
The revision and additions read as
follows:
■
§ 212.1 Documentary requirements for
nonimmigrants.
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*
*
*
*
*
(q) * * *
(1) * * *
(v) On or after November 29, 2024,
receive electronic travel authorization
pursuant to paragraph (q)(9) of this
section; prior to this date, receive
electronic travel authorization pursuant
to paragraph (q)(9) of this section or be
in possession of a completed and signed
Guam-CNMI Visa Waiver Information
Form (CBP Form I–736);
*
*
*
*
*
(5) * * *
(iv) On or after November 29, 2024,
transport an alien who has received
electronic travel authorization pursuant
to paragraph (q)(9) of this section; prior
to this date, transport an alien who has
received electronic travel authorization
pursuant to paragraph (q)(9) of this
section or an alien in possession of a
completed and signed Guam-CNMI Visa
Waiver Information Form (CBP Form I–
736), and
*
*
*
*
*
(6) [Reserved]
(7) Maintenance of status—
satisfactory departure. * * *
*
*
*
*
*
(9) Electronic Travel Authorization—
(i) Travel authorization required. Each
nonimmigrant alien intending to travel
to Guam or the CNMI under the GuamCNMI Visa Waiver Program on or after
November 29, 2024, must, within the
time specified in paragraph (q)(9)(ii) of
this section, receive a travel
authorization, which is a positive
determination of eligibility to travel to
the United States under the Guam-CNMI
Visa Waiver Program, from CBP. In
order to receive a travel authorization,
each nonimmigrant alien intending to
travel to Guam or the CNMI under the
Guam-CNMI Visa Waiver Program must
provide the data elements set forth in
paragraph (q)(9)(iii) of this section to
CBP, in English, in the manner specified
herein. Prior to this date, travelers must
either receive an electronic travel
authorization pursuant to this
subparagraph or provide the required
information via a completed and signed
paper Guam-CNMI Visa Waiver
Information Form (CBP Form I–736)
upon arrival.
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(ii) Time. Each alien falling within the
provisions of paragraph (q)(9)(i) of this
section must receive a travel
authorization prior to embarking on a
carrier for travel to Guam or the CNMI.
(iii) Required elements. CBP will
collect such information as the
Secretary deems necessary to issue a
travel authorization, as reflected by the
electronic Guam-CNMI Visa Waiver
Information Form (Form I–736).
(iv) Duration—(A) General rule. A
travel authorization issued under the
Guam-CNMI Visa Waiver Program will
be valid for a period of two years from
the date of issuance, unless the passport
of the authorized alien will expire in
less than two years, in which case the
authorization will be valid until the date
of expiration of the passport.
(B) Exception. For travelers from
countries or geographic areas which
have not entered into agreements with
the United States whereby their
passports are recognized as valid for the
return of the bearer to the country or
geographic area of the foreign-issuing
authority for a period of six months
beyond the expiration date specified in
the passport, a travel authorization
issued under the Guam-CNMI Visa
Waiver Program is not valid beyond the
six months prior to the expiration date
of the passport. Travelers from these
countries or geographic areas whose
passports will expire in six months or
less will not receive a travel
authorization.
(C) Changes to the validity period.
The Secretary, in consultation with the
Secretary of State, may increase or
decrease the Guam-CNMI Visa Waiver
Program travel authorization validity
period otherwise authorized by
subparagraph (A) for a designated
Guam-CNMI Visa Waiver Program
country or geographic area. Notice of
any change to the Guam-CNMI Visa
Waiver Program travel authorization
validity periods will be published in the
Federal Register. The Guam-CNMI Visa
Waiver Program website will be updated
to reflect the specific Guam-CNMI Visa
Waiver Program travel authorization
validity period for each Guam-CNMI
Visa Waiver Program country or
geographic area.
(v) New travel authorization required.
A new travel authorization is required if
any of the following occurs:
(A) The alien is issued a new
passport;
(B) The alien’s name changes;
(C) The alien’s gender changes;
(D) The alien’s country of citizenship
changes; or
(E) The circumstances underlying the
alien’s previous responses to any of the
Guam-CNMI Visa Waiver Information
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Form (Form I–736) questions requiring
a ‘‘yes’’ or ‘‘no’’ response (eligibility
questions) have changed.
(vi) Limitations—(A) Current
authorization period. A travel
authorization under the Guam-CNMI
Visa Waiver Program is a positive
determination that an alien is eligible,
and grants the alien permission, to
travel to Guam or the CNMI under the
Guam-CNMI Visa Waiver Program and
to apply for admission under the GuamCNMI Visa Waiver Program during the
period of time the travel authorization is
valid. A travel authorization under the
Guam-CNMI Visa Waiver Program is not
a determination that the alien is
admissible to Guam, the CNMI, or the
United States. A determination of
admissibility is made only after an
applicant for admission is inspected by
a CBP officer at a U.S. port of entry in
Guam or the CNMI.
(B) Not a determination of visa
eligibility. A determination under the
Guam-CNMI Visa Waiver Program that
an alien is not eligible to travel to Guam
or the CNMI under the Guam-CNMI
Visa Waiver Program is not a
determination that the alien is ineligible
for a visa to travel to Guam, the CNMI,
or the United States and does not
preclude the alien from applying for a
visa before a United States consular
officer.
(C) Revocation. A determination
under the Guam-CNMI Visa Waiver
Program that an alien is eligible to travel
to Guam or the CNMI to apply for
admission under the Guam-CNMI Visa
Waiver Program may be revoked at the
discretion of the Secretary.
(10) Severability. The provisions of
paragraphs (q) and (r) of this section are
separate and severable from one
another. If any provision is stayed or
determined to be invalid, the remaining
provisions shall continue in effect.
(r) Aliens admissible under the
Commonwealth of the Northern
Mariana Islands (CNMI) Economic
Vitality & Security Travel Authorization
Program (EVS–TAP)—(1) Description. In
accordance with Public Law 110–229,
the Secretary, in consultation with the
Secretaries of the Departments of the
Interior and State, may waive the visa
requirement in the case of a
nonimmigrant alien who seeks
admission to Guam or the
Commonwealth of the Northern Mariana
Islands (CNMI). The requirements for
the Guam-CNMI Visa Waiver program
are set forth in paragraph (q) of this
section. Also in accordance with Public
Law 110–229 and the process provided
therein, the Secretary may add countries
to the list of those whose nationals may
obtain a visa waiver, with any special
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requirements the Secretary may impose.
The CNMI Economic Vitality & Security
Travel Authorization Program (EVS–
TAP) is a restricted travel authorization
sub-program of the Guam-CNMI Visa
Waiver Program that allows a
nonimmigrant alien who is a national of
the People’s Republic of China (PRC) to
be admitted to the CNMI only without
a visa in specified circumstances. A visa
is still required for a nonimmigrant
alien who is a national of the PRC
seeking to be admitted to Guam.
(2) Eligibility. To be admissible under
the CNMI EVS–TAP, prior to embarking
on a carrier for travel to the CNMI, the
nonimmigrant alien must:
(i) Be a national of the PRC;
(ii) Be classifiable as a visitor for
business or pleasure;
(iii) Be solely entering and staying on
the CNMI for a period not to exceed 14
days;
(iv) Be in possession of a round trip
ticket that is nonrefundable and
nontransferable and bears a confirmed
departure date not exceeding 14 days
from the date of admission to the CNMI.
‘‘Round trip ticket’’ includes any return
trip transportation ticket issued by a
participating carrier, electronic ticket
record, airline employee passes
indicating return passage, individual
vouchers for return passage, group
vouchers for return passage for charter
flights, or military travel orders which
include military dependents for return
to duty stations outside the United
States on U.S. military flights;
(v) Receive an electronic travel
authorization from CBP pursuant to
paragraph (r)(9) of this section;
(vi) Be in possession of a completed
and signed I–94 (see § 1.4), ArrivalDeparture Record (CBP Form I–94);
(vii) Be in possession of a valid
unexpired ICAO compliant, machine
readable passport issued by the PRC;
(viii) Have not previously violated the
terms of any prior admissions or parole;
(ix) Waive any right to review or
appeal an immigration officer’s
determination of admissibility at the
port of entry into the CNMI; and
(x) Waive any right to contest any
action for deportation or removal, other
than on the basis of: an application for
withholding of removal under section
241(b)(3) of the INA; withholding or
deferral of removal under the
regulations implementing Article 3 of
the United Nations Convention Against
Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment; or,
after December 31, 2029, an application
for asylum if permitted under section
208 of the Act.
(3) Suspension or Discontinuation of
Program. (i) The Secretary may suspend
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the CNMI EVS–TAP for good cause
including, but not limited to the
following circumstances: (A) The
admissions of visitors from the PRC
have resulted in an unacceptable
number of visitors from the PRC
remaining unlawfully in the CNMI,
unlawfully obtaining entry to other
parts of the United States, or seeking
withholding of removal or asylum; or
(B) Visitors from the PRC pose a risk to
law enforcement or security interests,
including the enforcement of
immigration laws of the CNMI or the
United States.
(ii) The Secretary, in consultation
with the Secretary of the Interior and
the Secretary of State, may also
discontinue the CNMI EVS–TAP based
on the evaluation of all factors the
Secretary deems relevant including, but
not limited to, electronic travel
authorization, procedures for reporting
lost and stolen passports, repatriation of
aliens, rates of refusal for nonimmigrant
visitor visas, overstays, exit systems,
and information exchange.
(4) Ineligibility due to admission
under the CNMI EVS–TAP. Admission
under this section renders an alien
ineligible for:
(i) Adjustment of status to that of a
temporary resident or, except as
provided by section 245(i) of the Act or
as an immediate relative as defined in
section 201(b) of the Act, to that of a
lawful permanent resident.
(ii) Change of nonimmigrant status; or
(iii) Extension of stay.
(5) Requirements for transportation
lines. A transportation line bringing any
alien to the CNMI pursuant to this
section must:
(i) Enter into a contract on CBP Form
I–760, made by the Commissioner of
U.S. Customs and Border Protection on
behalf of the government;
(ii) Transport an alien only if the alien
is a national of the PRC and is in
possession of a valid unexpired ICAO
compliant, machine readable passport
issued by the PRC;
(iii) Transport an alien only if the
alien is in possession of a round trip
ticket as defined in paragraph (r)(2)(iv)
of this section bearing a confirmed
departure date not exceeding 14 days
from the date of admission to the CNMI
which the carrier will unconditionally
honor when presented for return
passage. This ticket must be:
(A) Valid for a period of not less than
one year,
(B) Nonrefundable except in the
country in which issued or in the
country of the alien’s nationality or
residence, and
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3329
(C) Issued by a carrier which has
entered into an agreement described in
paragraph (r)(5) of this section.
(iv) Transport an alien only if the
alien has received electronic travel
authorization from CBP pursuant to
paragraph (r)(9) of this section.
(6) [Reserved.]
(7) Maintenance of status—
satisfactory departure. If an emergency
prevents an alien admitted under the
CNMI EVS–TAP, as set forth in this
paragraph (r), from departing from the
CNMI within the alien’s period of
authorized stay, an immigration officer
having jurisdiction over the place of the
alien’s temporary stay may, in the
officer’s discretion, grant a period of
satisfactory departure not to exceed 15
days. If departure is accomplished
during that period, the alien is to be
regarded as having satisfactorily
accomplished the visit without
overstaying the allotted time.
(8) Inadmissibility and
Deportability—(i) Determinations of
inadmissibility. (A) An alien who
applies for admission under the
provisions of the CNMI EVS–TAP, who
is determined by an immigration officer
to be inadmissible to the CNMI under
one or more of the grounds of
inadmissibility listed in section 212 of
the Act (other than for lack of a visa),
or who is in possession of and presents
fraudulent or counterfeit travel
documents, will be refused admission
into the CNMI and removed. Such
refusal and removal shall be effected
without referral of the alien to an
immigration judge for further inquiry,
examination, or hearing. The provisions
of 8 CFR subpart 208 subpart A shall not
apply to an alien present or arriving in
the CNMI seeking to apply for asylum
prior to January 1, 2030. No application
for asylum may be filed pursuant to
section 208 of the Act by an alien
present or arriving in the CNMI prior to
January 1, 2030; however, aliens
physically present in the CNMI during
the transition period who express a fear
of persecution or torture only may
establish eligibility for withholding of
removal pursuant to INA 241(b)(3) or
pursuant to the regulations
implementing Article 3 of the United
Nations Convention Against Torture and
Other Cruel, Inhuman or Degrading
Treatment or Punishment.
(B) The removal of an alien under this
section may be deferred if the alien is
paroled into the custody of a Federal,
State, or local law enforcement agency
for criminal prosecution or punishment.
This section in no way diminishes the
discretionary authority of the Secretary
enumerated in section 212(d) of the Act.
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(C) Refusal of admission under this
paragraph shall not constitute removal
for purposes of the Act.
(ii) Determination of deportability. (A)
An alien who has been admitted to the
CNMI under the provisions of this
section who is determined by an
immigration officer to be deportable
from the CNMI under one or more of the
grounds of deportability listed in
section 237 of the Act, shall be removed
from the CNMI to the alien’s country of
nationality or last residence. Such
removal will be determined by DHS
authority that has jurisdiction over the
place where the alien is found, and will
be effected without referral of the alien
to an immigration judge for a
determination of deportability. The
provisions of 8 CFR part 208 subpart A
shall not apply to an alien present or
arriving in the CNMI seeking to apply
for asylum prior to January 1, 2030. No
application for asylum may be filed
pursuant to section 208 of the INA by
an alien present or arriving in the CNMI
prior to January 1, 2030; however, aliens
physically present or arriving in the
CNMI prior to January 1, 2030, may
apply for withholding of removal under
section 241(b)(3) of the Act and
withholding and deferral of removal
under the regulations implementing
Article 3 of the United Nations
Convention Against Torture, Inhuman
or Degrading Treatment or Punishment.
(B) Removal by DHS under paragraph
(r)(8)(ii)(A) of this section is equivalent
in all respects and has the same
consequences as removal after
proceedings conducted under section
240 of the Act.
(iii) Removal of inadmissible aliens
who arrived by air or sea. Removal of an
alien from the CNMI under this section
may be effected using the return portion
of the round trip passage presented by
the alien at the time of entry to the
CNMI. Such removal shall be on the
first available means of transportation to
the alien’s point of embarkation to the
CNMI. Nothing in this part absolves the
carrier of the responsibility to remove
any inadmissible or deportable alien at
carrier expense, as provided in the
carrier agreement.
(9) Electronic Travel Authorization—
(i) Travel authorization required. Each
nonimmigrant alien intending to travel
to the CNMI under the CNMI EVS–TAP
as described in paragraph (r)(1) of this
section must, within the time specified
in paragraph (r)(9)(ii) of this section,
receive a travel authorization from CBP,
which is a positive determination of
eligibility to travel to the United States
under the CNMI EVS–TAP. In order to
receive a travel authorization, each
nonimmigrant alien intending to travel
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to the CNMI under the CNMI EVS–TAP
must provide the information set forth
in paragraph (r)(9)(iii) of this section
electronically to CBP, in English, in the
manner specified herein.
(ii) Time. Each alien falling within the
provisions of paragraph (r)(9)(i) of this
section must receive a travel
authorization prior to embarking on a
carrier for travel to the CNMI.
(iii) Required elements. CBP will
collect such information as the
Secretary deems necessary to issue a
travel authorization, as reflected by the
electronic CNMI EVS–TAP application
questions.
(iv) Duration—(A) General rule. A
travel authorization issued under the
CNMI EVS–TAP will be valid for a
period of one year from the date of
issuance.
(B) Exceptions. If the passport of the
authorized alien will expire in less than
one year but greater than six months,
the authorization will be valid until six
months prior to the expiration date of
the passport. Travelers whose passports
will expire in six months or less will not
receive a travel authorization.
(C) Changes to the validity period.
The Secretary, in consultation with the
Secretary of State, may increase or
decrease the CNMI EVS–TAP travel
authorization validity period otherwise
authorized by paragraph (r)(9)(iv)(A) of
this section. Notice of any change to the
CNMI EVS–TAP travel authorization
validity period will be published in the
Federal Register. The CNMI EVS–TAP
website will be updated to reflect the
travel authorization validity period.
(v) New travel authorization required.
A new travel authorization is required if
any of the following occurs:
(A) The alien is issued a new
passport;
(B) The alien’s name changes;
(C) The alien’s gender changes;
(D) The alien’s country of citizenship
changes; or
(E) The circumstances underlying the
alien’s previous responses to any of the
CNMI EVS–TAP questions requiring a
‘‘yes’’ or ‘‘no’’ response (eligibility
questions) have changed.
(vi) Limitations—(A) Current
authorization period. A travel
authorization under the CNMI EVS–
TAP is a positive determination that an
alien is eligible, and grants the alien
permission, to travel to the CNMI under
the CNMI EVS–TAP and to apply for
admission under the CNMI EVS–TAP
during the period of time the travel
authorization is valid. A travel
authorization under the CNMI EVS–
TAP is not a determination that the
alien is admissible to the CNMI. A
determination of admissibility is made
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
only after an applicant for admission is
inspected by a CBP officer at a U.S. port
of entry in the CNMI.
(B) Not a determination of visa
eligibility. A determination under the
CNMI EVS–TAP that an alien is not
eligible to travel to the CNMI under the
CNMI EVS–TAP is not a determination
that the alien is ineligible for a visa to
travel to the CNMI and does not
preclude the alien from applying for a
visa before a United States consular
officer.
(C) Revocation. A determination
under the CNMI EVS–TAP that an alien
is eligible to travel to the CNMI to apply
for admission under the CNMI EVS–
TAP may be revoked at the discretion of
the Secretary.
(10) Severability. The provisions of
paragraphs (q) and (r) of this section are
separate and severable from one
another. If any provision is stayed or
determined to be invalid, the remaining
provisions shall continue in effect.
(11) Implementation date. The
requirements of this paragraph will take
effect 45 days after the publication by
the Secretary of notification in the
Federal Register announcing the
implementation of CNMI EVS–TAP.
PART 214—NONIMMIGRANT CLASSES
3. The authority citation for part 214
continues to read as follows:
■
Authority: 6 U.S.C. 202, 236; 8 U.S.C.
1101, 1102, 1103, 1182, 1184, 1186a, 1187,
1221, 1281, 1282, 1301–1305 and 1372; sec.
643, Pub. L. 104–208, 110 Stat. 3009–708;
Pub. L. 106–386, 114 Stat. 1477–1480;
section 141 of the Compacts of Free
Association with the Federated States of
Micronesia and the Republic of the Marshall
Islands, and with the Government of Palau,
48 U.S.C. 1901 note and 1931 note,
respectively; 48 U.S.C. 1806; 8 CFR part 2;
Pub. L. 115–218.
4. Section 214.1 is amended by
revising paragraph (c)(3)(viii), to read as
follows:
■
§ 214.1 Requirements for admission,
extension, and maintenance of status.
*
*
*
*
*
(c) * * *
(3) * * *
(viii) Any nonimmigrant admitted
pursuant to the Guam-CNMI Visa
Waiver Program, or its sub-program, the
CNMI Economic Vitality & Security
Travel Authorization Program (EVS–
TAP), as provided in section 212(l) of
the Act.
*
*
*
*
*
PART 233—CONTRACTS WITH
TRANSPORTATION LINES
5. The authority citation for part 233
continues to read as follows:
■
E:\FR\FM\18JAR1.SGM
18JAR1
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 / Rules and Regulations
Authority: 8 U.S.C. 1101, 1103, 1182,
1221, 1228, 1229, 8 CFR part 2.
6. Section 233.6 is revised to read as
follows:
■
§ 233.6 Aliens entering Guam or the
Commonwealth of the Northern Mariana
Islands pursuant to Title VII of Public Law
110–229, ‘‘Consolidated Natural Resources
Act of 2008.’’
A transportation line bringing aliens
to Guam or the Commonwealth of the
Northern Mariana Islands under the visa
waiver provisions of § 212.1(q) of this
chapter or to the Commonwealth of the
Northern Mariana Islands under the visa
waiver provisions of § 212.1(r) of this
chapter must enter into an agreement on
CBP Form I–760. Such agreements must
be negotiated directly by U.S. Customs
and Border Protection and head offices
of the transportation lines.
Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2024–00645 Filed 1–17–24; 8:45 am]
BILLING CODE 9111–14–P
FEDERAL HOUSING FINANCE
AGENCY
12 CFR Parts 1209, 1217, and 1250
RIN 2590–AB31
Rules of Practice and Procedure; Civil
Money Penalty Inflation Adjustment
Federal Housing Finance
Agency.
ACTION: Final rule.
AGENCY:
The Federal Housing Finance
Agency (FHFA) is adopting this final
rule amending its Rules of Practice and
Procedure and other agency regulations
to adjust each civil money penalty
within its jurisdiction to account for
inflation, pursuant to the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended by the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015.
DATES: Effective January 18, 2024, and
applicable beginning January 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Frank R. Wright, Assistant General
Counsel, at (202) 649–3087,
Frank.Wright@fhfa.gov (not a toll-free
number); Federal Housing Finance
Agency, 400 7th Street SW, Washington,
DC 20219. For TTY/TRS users with
hearing and speech disabilities, dial 711
and ask to be connected to any of the
contact numbers above.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:09 Jan 17, 2024
Jkt 262001
I. Background
FHFA is an independent agency of the
Federal government, and the financial
safety and soundness regulator of the
Federal National Mortgage Association
(Fannie Mae) and the Federal Home
Loan Mortgage Corporation (Freddie
Mac) (collectively, the Enterprises), as
well as the Federal Home Loan Banks
(collectively, the Banks) and the Office
of Finance under authority granted by
the Federal Housing Enterprises
Financial Safety and Soundness Act of
1992 (Safety and Soundness Act).1
FHFA oversees the Enterprises and
Banks (collectively, the regulated
entities) and the Office of Finance to
ensure that they operate in a safe and
sound manner and maintain liquidity in
the housing finance market in
accordance with applicable laws, rules
and regulations. To that end, FHFA is
vested with broad supervisory
discretion and specific civil
administrative enforcement powers,
similar to such authority granted by
Congress to the Federal bank regulatory
agencies.2 Section 1376 of the Safety
and Soundness Act (12 U.S.C. 4636)
empowers FHFA to impose civil money
penalties under specific conditions.
FHFA’s Rules of Practice and Procedure
(12 CFR part 1209) (the Enforcement
regulations) govern cease and desist
proceedings, civil money penalty
assessment proceedings, and other
administrative adjudications.3 FHFA’s
Flood Insurance regulation (12 CFR part
1250) governs flood insurance
responsibilities as they pertain to the
Enterprises.4 FHFA’s Implementation of
the Program Fraud Civil Remedies Act
of 1986 regulation (12 CFR part 1217)
sets forth procedures for imposing civil
penalties and assessments under the
Program Fraud Civil Remedies Act (31
U.S.C. 3801 et seq.) on any person that
makes a false claim for property,
services or money from FHFA, or makes
a false material statement to FHFA in
connection with a claim, where the
amount involved does not exceed
$150,000.5
The Adjustment Improvements Act
The Federal Civil Penalties Inflation
Adjustment Act of 1990 (Inflation
Adjustment Act), as amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Adjustment Improvements Act),
requires FHFA, as well as other federal
1 See Safety and Soundness Act, 12 U.S.C. 4513
and 4631–4641.
2 Id.
3 See 12 CFR part 1209.
4 See 12 CFR part 1250.
5 See generally, 31 U.S.C. 3801 et seq.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
3331
agencies with the authority to issue civil
money penalties (CMPs), to adjust by
regulation the maximum amount of each
CMP authorized by law that the agency
has jurisdiction to administer.6 The
Adjustment Improvements Act required
agencies to make an initial ‘‘catch-up’’
adjustment of their CMPs upon the
statute’s enactment,7 and further
requires agencies to make additional
adjustments on an annual basis
following the initial adjustment.8
The Adjustment Improvements Act
sets forth the formula that agencies must
apply when making annual adjustments,
based on the percent change between
the October Consumer Price Index for
All Urban Consumers (the CPI–U)
preceding the date of the last adjustment
and the October CPI–U for the year
before that.
II. Description of the Rule
This final rule adjusts the maximum
penalty amount within each of the three
tiers specified in 12 U.S.C. 4636 by
amending the table contained in 12 CFR
1209.80 of the Enforcement regulations
to reflect the new adjusted maximum
penalty amount that FHFA may impose
upon a regulated entity or any entityaffiliated party within each tier. The
increases in maximum penalty amounts
contained in this final rule may not
necessarily affect the amount of any
CMP that FHFA may seek for a
particular violation, which may not be
the maximum that the law allows;
FHFA would calculate each CMP on a
case-by-case basis in light of a variety of
factors.9 This rule also adjusts the
maximum penalty amounts for
violations under the FHFA Flood
Insurance regulation by amending the
text of 12 CFR 1250.3 to reflect the new
adjusted maximum penalty amount that
FHFA may impose for violations under
that regulation. This rule also adjusts
the maximum amounts for civil money
penalties under the Program Fraud Civil
Remedies Act by amending the text of
12 CFR 1217.3 to reflect the new
adjusted maximum penalty amount that
FHFA may impose for violations under
that regulation.
The Adjustment Improvements Act
directs federal agencies to calculate each
annual CMP adjustment as the percent
change between the CPI–U for the
previous October and the CPI–U for
6 See
28 U.S.C. 2461 note.
promulgated its catch-up adjustment of
its CMPs with an interim final rule published July
1, 2016. 81 FR 43028.
8 FHFA promulgated its most recent annual
adjustment of its CMP with a final rule published
December 29, 2022. 87 FR 80023.
9 See, e.g., 12 CFR 1209.7(c); FHFA Enforcement
Policy, AB 2013–03 (May 31, 2013).
7 FHFA
E:\FR\FM\18JAR1.SGM
18JAR1
]]>Agencies
[Federal Register Volume 89, Number 12 (Thursday, January 18, 2024)]
[Rules and Regulations]
[Pages 3299-3331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00645]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 89, No. 12 / Thursday, January 18, 2024 /
Rules and Regulations
[[Page 3299]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 212, 214, and 233
[Docket No. USCBP-2023-0020; CBP Dec. 23-07]
RIN 1651-AB37
Guam-Commonwealth of the Northern Mariana Islands (CNMI) Visa
Waiver Program Automation and Electronic Travel Authorization; Creation
of CNMI Economic Vitality & Security Travel Authorization Program (EVS-
TAP)
AGENCY: U.S. Customs and Border Protection, DHS.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule amends the Department of Homeland Security
regulations to require persons intending to travel to Guam or the
Commonwealth of the Northern Mariana Islands (CNMI) under the Guam-CNMI
Visa Waiver Program (G-CNMI VWP) to submit Form I-736 electronically in
advance of travel and receive an electronic travel authorization prior
to embarking on a carrier for travel to Guam or the CNMI. Under the
current G-CNMI VWP regulations, a paper U.S. Customs and Border
Protection (CBP) Form I-736 is presented to CBP upon arrival. This rule
also establishes the CNMI Economic Vitality & Security Travel
Authorization Program (EVS-TAP) as a restricted sub-program of the G-
CNMI VWP. This program is being established based on recommendations
made pursuant to consultations between the United States and the CNMI
under Section 902 of the Covenant to Establish the Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America. Once implemented, the CNMI EVS-TAP will allow prescreened
nationals of the People's Republic of China to travel to the CNMI
without a visa under specified conditions.
DATES:
Effective date: This interim final rule is effective September 30,
2024.
Comment date: Comments must be received by March 18, 2024.
Implementation date: CNMI EVS-TAP will be implemented 45 days after
publication of a subsequent notification in the Federal Register.
ADDRESSES: Please submit any comments, identified by docket number
[USCBP-2023-0020], by the following method:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Neyda Yejo, Office of Field
Operations, U.S. Customs and Border Protection, (202) 344-2373, or via
email at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
II. Background
A. Legal Authority
B. Guam-Commonwealth of the Northern Mariana Islands Visa Waiver
Program (G-CNMI VWP)
1. Current Paper CBP Form I-736 Process
2. Need To Automate the G-CNMI VWP
C. Treatment of Travelers From the People's Republic of China
(PRC) to the CNMI
1. Exclusion of PRC From the G-CNMI VWP
2. Parole
3. Review of U.S. Parole Policies
4. 902 Consultations
a. The Covenant and 902 Consultation Process
b. Recommendations
c. Implementation of 902 Consultation Recommendations
III. Overview of Regulatory Changes
IV. G-CNMI VWP Automation and Electronic Travel Authorization
A. Electronic Travel Authorization
1. Electronic Travel Authorization Requirement and Transition
Period
2. Obtaining Travel Authorization
3. Timeline for Submitting Travel Authorization Data
4. Required Travel Authorization Data Elements
5. Scope of G-CNMI VWP Electronic Travel Authorization
6. Duration
7. Events Requiring New Travel Authorization
8. Fee
B. Conforming Amendments
C. Technical Corrections
V. Commonwealth of the Northern Mariana Islands Economic Vitality &
Security Travel Authorization Program (CNMI EVS-TAP)
A. CNMI EVS-TAP
1. Description
2. Eligibility
3. Suspension or Discontinuation of Program
4. Ineligibility Due to Admission Under the CNMI EVS-TAP
5. Requirements for Transportation Lines
6. Bonding
7. Maintenance of Status--Satisfactory Departure
8. Inadmissibility and Deportability
9. Electronic Travel Authorization
a. Electronic Travel Authorization Requirement, Transition
Period, and Impact on Parole
b. Obtaining Travel Authorization
c. Timeline for Submitting Travel Authorization Data
d. Required Travel Authorization Data Elements
e. Scope of CNMI EVS-TAP Electronic Travel Authorization
f. Duration
g. Events Requiring New Travel Authorization
h. Fee
10. Severability
11. Implementation Date
B. Conforming Amendments and Revision of CBP Form I-760
VI. Statutory and Regulatory Reviews
A. Administrative Procedure Act
B. Executive Orders 12866 and 13563
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Privacy
F. Paperwork Reduction Act
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written data, views, or arguments on all aspects of this
interim final rule. The Department of Homeland Security (DHS) and CBP
also invite comments that relate to the economic, environmental, or
federalism effects that might result from this interim final rule.
Comments that will provide the most assistance to CBP will reference a
specific portion of the interim final rule, explain the reason for any
recommended change, and include data,
[[Page 3300]]
information, or authority that supports the recommended change.
II. Background
A. Legal Authority
The Secretary of Homeland Security (Secretary) has broad authority
to administer and enforce the immigration and naturalization laws of
the United States. See section 103(a)(1) of the Immigration and
Nationality Act of 1952 (INA) (Pub. L. 82-414, 66 Stat. 163), as
amended (8 U.S.C. 1103(a)(1)); see also 6 U.S.C. 202. The Secretary is
authorized to establish such regulations as the Secretary deems
necessary to carry out this authority under the immigration laws. See
INA sec. 103(a)(3) (8 U.S.C. 1103(a)(3)). Section 214(a)(1) of the INA
specifically authorizes the Secretary to prescribe regulations
specifying the period of admission and any conditions for the admission
of nonimmigrants to the United States (8 U.S.C. 1184(a)(1)).\1\
---------------------------------------------------------------------------
\1\ See also sections 402, 1512, and 1517 of the Homeland
Security Act of 2002 (Pub. L. 107-296, 116 Stat. 2142, 2187), as
amended (6 U.S.C. 202, 552, and 557) (regarding transfer of
authority to enforce immigration laws and prescribe regulations
necessary to carry out that authority from the Attorney General to
the Secretary).
---------------------------------------------------------------------------
The Secretary has authorized the Commissioner of U.S. Customs and
Border Protection (CBP) to enforce and administer the immigration laws
relating to the inspection and admission of noncitizens \2\ seeking
admission to the United States, including the authority to make
admissibility determinations and set the duration, terms, and
conditions of admission. See Delegation Order 7010.3, II.B.5 (Revision
No. 03.1, Incorporating Change 1) (Nov. 25, 2019).
---------------------------------------------------------------------------
\2\ For purposes of this document, CBP uses terms such as
``traveler,'' ``individual,'' and ``noncitizen'' in place of the
term ``alien.'' However, DHS regulations continue to use the term
``alien,'' as defined by the INA. See INA sec. 101(a)(3) (8 U.S.C.
1101(a)(3)).
---------------------------------------------------------------------------
B. Guam-Commonwealth of the Northern Mariana Islands Visa Waiver
Program (G-CNMI VWP)
On May 8, 2008, the Consolidated Natural Resources Act of 2008
(CNRA), Public Law 110-229, 122 Stat. 754, became law. Section 702 of
the CNRA extended, subject to a transition period, the immigration laws
of the United States to the Commonwealth of the Northern Mariana
Islands (CNMI) \3\ and provides for a visa waiver program for travel to
Guam or the CNMI.\4\ Specifically, section 702(b)(3) of the CNRA amends
the INA to provide for such visa waiver program, the G-CNMI VWP, and
provides that all necessary regulations to implement the G-CNMI VWP
shall be promulgated by the Secretary of Homeland Security, in
consultation with the Secretary of the Interior and the Secretary of
State.\5\ Section 702(b)(3) of the CNRA directs that at a minimum the
regulations should include a listing of all countries whose nationals
may participate in the G-CNMI VWP, except that such regulations shall
provide for a listing of any country from which the CNMI has received a
significant economic benefit from the number of visitors for pleasure
within the one-year period preceding the date of enactment of the CNRA,
unless the Secretary of Homeland Security determines that such
country's inclusion on such list would represent a threat to the
welfare, safety, or security of the United States or its
territories.\6\ Section 702(b)(3) of the CNRA also provides that the
promulgation of such regulations shall be considered a foreign affairs
function for purposes of 5 U.S.C. 553(a), section 553(a) of the
Administrative Procedure Act (APA), excepting such regulations from the
rule making requirements, including notice and comment, detailed in 5
U.S.C. 553.\7\ Section 702(b)(3) of the CNRA also provides for the
addition of countries to the G-CNMI VWP, stating that the Governor of
Guam and the Governor of the CNMI may request the Secretary of the
Interior and the Secretary of Homeland Security to add a particular
country to the list of countries whose nationals may obtain a visa
waiver under the G-CNMI VWP, and the Secretary of Homeland Security may
grant such request after consultation with the Secretary of the
Interior and the Secretary of State, and may promulgate regulations
with respect to the inclusion of that country and any special
requirements the Secretary of Homeland Security, in the Secretary's
sole discretion, may impose prior to allowing nationals of that country
to obtain the visa waiver under the G-CNMI VWP.\8\
---------------------------------------------------------------------------
\3\ Section 702(a) of the CNRA. See section 6 of the Joint
Resolution entitled ``A Joint Resolution to approve the `Covenant To
Establish a Commonwealth of the Northern Mariana Islands in
Political Union with the United States of America', and for other
purposes'', approved Mar. 24, 1976 (Pub. L. 94-241, 90 Stat. 263),
as amended (48 U.S.C. 1806).
\4\ Section 702(b) of the CNRA. See sections 212 and 214 of the
INA (8 U.S.C. 1182 and 1184).
\5\ INA sec. 212(l)(1), (3) (8 U.S.C. 1182(l)(1), (3)). Although
section702 (b)(3) of the CNRA also provides that such regulations
shall be promulgated on or before the 180th day after the date of
enactment of the CNRA, DHS has interpreted this timeline to only
apply to the initial implementing regulations and that it does not
prevent DHS from promulgating amendments to the regulations under
this section now.
\6\ INA sec. 212(l)(3) (8 U.S.C. 1182(l)(3)).
\7\ INA sec. 212(l)(3) (8 U.S.C. 1182(l)(3)).
\8\ INA sec. 212(l)(6) (8 U.S.C. 1182(l)(6)).
---------------------------------------------------------------------------
On January 16, 2009, DHS, through CBP, published an interim final
rule (IFR) in the Federal Register (74 FR 2824) replacing the then-
existing Guam Visa Waiver Program with the G-CNMI VWP and setting forth
the requirements for nonimmigrant visitors seeking admission into Guam
or the CNMI under the G-CNMI VWP. As directed by section 702(b)(3) of
the CNRA,\9\ DHS considered this rulemaking a foreign affairs function
for purposes of section 553(a) of the APA and noted that consequently
DHS was not ``required to provide prior public notice or an opportunity
to comment.'' 74 FR at 2829. DHS ``nevertheless provid[ed] the
opportunity for public comments'' prior to the implementation date of
the G-CNMI VWP. 74 FR at 2824-5, 2829.
---------------------------------------------------------------------------
\9\ INA sec. 212(l)(3) (8 U.S.C. 1182(l)(3)).
---------------------------------------------------------------------------
The January 2009 IFR provided that, beginning June 1, 2009, DHS
would begin the administration and enforcement of the G-CNMI VWP. 74 FR
at 2824, 2829. This program allows certain nonimmigrant visitors to
seek admission for business or pleasure and solely for entry into and
stay on Guam or the CNMI without a visa for a period of authorized stay
not to exceed 45 days. Travelers from the following countries and
geographic areas are eligible to participate in the G-CNMI VWP:
Australia, Brunei, Hong Kong Special Administrative Region (Hong Kong),
Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, Republic of
Korea, Singapore, Taiwan, and the United Kingdom. 8 CFR
212.1(q)(2)(ii).
On March 31, 2009, the Secretary of Homeland Security, after the
necessary consultations, announced the delayed start of the transition
period until November 28, 2009.\10\ On May 28, 2009, a technical
amendment to the January 2009 IFR was published in the Federal Register
(74 FR 25387), extending the implementation date of the G-CNMI VWP from
June 1, 2009 to November 28, 2009. DHS noted that, as indicated in the
January 2009 IFR, pursuant to section 702(b) of the CNRA, the
implementation of the G-CNMI VWP is considered a foreign affairs
function for purposes of section 553(a) of the APA, and that
accordingly, this technical amendment to the IFR was statutorily
[[Page 3301]]
exempt from the requirements of the APA. 74 FR at 25387.
---------------------------------------------------------------------------
\10\ Section 702(a) of the CNRA provides that the Secretary of
Homeland Security, in consultation with the Secretary of the
Interior, the Secretary of Labor, the Secretary of State, the
Attorney General, and the Governor of the CNMI, may delay the
transition program effective date for up to 180 days. 122 Stat. at
855 (section 6(a)(3)(A) of Public Law 94-241, as amended (48 U.S.C.
1806(a)(3)(A))).
---------------------------------------------------------------------------
On March 23, 2011, another amendment to the January 2009 IFR was
published as an interim final rule in the Federal Register (76 FR
16231), clarifying that individuals holding British National (Overseas)
(BN(O)) passports as a result of their connection to the Hong Kong
Special Administrative Region (Hong Kong) are eligible for
participation in the G-CNMI VWP. Again, DHS noted that like the January
2009 IFR, this 2011 IFR was implementing the G-CNMI VWP and should be
considered a foreign affairs function for purposes of section 553(a) of
the APA pursuant to section 702(b) of the CNRA and exempt from the
requirements of the APA. 76 FR at 16232. Also like the January 2009
IFR, DHS nevertheless provided the opportunity for public comments. 76
FR at 16232.
Executive Order (E.O.) 13936, entitled ``The President's Executive
Order on Hong Kong Normalization,'' was issued on July 14, 2020 (85 FR
43413). The E.O. reports the President's determination of U.S. policy
with respect to the treatment of Hong Kong under U.S. law, and the
President's order, pursuant to section 202 of the United States-Hong
Kong Policy Act of 1992 (HKPA), to suspend the application of section
201(a) of the HKPA to U.S. laws enumerated in the E.O. Section 1 of the
E.O. states that ``[i]t shall be the policy of the United States to
suspend or eliminate different and preferential treatment for Hong Kong
to the extent permitted by law and in the national security, foreign
policy, and economic interest of the United States.'' \11\ Section 2 of
the E.O. lists statutes targeted by the E.O. and section 2(b)
explicitly refers to INA section 212(l) (8 U.S.C. 1182(l)), which is
the statute that authorizes the G-CNMI VWP.\12\ Section 3(a) of the
E.O. directs federal agencies to ``commence all appropriate actions to
further the purposes of this order,'' including amending any
regulations implementing the provisions specified earlier in section 2
of the E.O., and, consistent with applicable law and executive orders,
under the International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), which provides different treatment for Hong Kong as compared
to the PRC.\13\ The G-CNMI VWP regulations provide different treatment
for Hong Kong as compared to the PRC, because under the regulations,
travelers with a connection to Hong Kong may be eligible to participate
in the G-CNMI VWP, while nationals of the PRC are not eligible. See 8
CFR 212.1(q)(2)(ii). However, pursuant to section 1 of the E.O., the
U.S. Government has determined that it is not in the foreign policy
interest of the United States to eliminate Hong Kong from the G-CNMI
VWP.
---------------------------------------------------------------------------
\11\ 85 FR 43413, 43414.
\12\ Id.
\13\ Id.
---------------------------------------------------------------------------
1. Current Paper CBP Form I-736 Process
The current process for the G-CNMI VWP is a paper-based process
that requires travelers to fill out paper CBP Form I-736, present the
form to a carrier of choice prior to departure and to CBP upon arrival,
and then request admittance into Guam or the CNMI. See 8 CFR
212.1(q)(1)(v).\14\ CBP Form I-736 collects biographic and other
information specified by the Secretary that is necessary to determine
the eligibility of the individual to travel to Guam or the CNMI under
the G-CNMI VWP, and whether such travel poses a law enforcement or
security risk. The information from the paper form is not available to
CBP until a traveler arrives at the Port of Entry (POE). CBP uses the
information collected on the paper CBP Form I-736 to determine the
applicant's admissibility under the G-CNMI VWP. After entry, CBP
collects the forms and then regularly mails batches to a third-party
contractor for data entry into the G-CNMI database. The paper forms
must be stored in a storage facility for nine years to adhere to CBP
data retention policies.
---------------------------------------------------------------------------
\14\ While the current regulatory language does not explicitly
require a paper form, the paper-based process detailed here has been
the practice since the G-CNMI VWP was implemented.
---------------------------------------------------------------------------
2. Need To Automate the G-CNMI VWP
CBP's national security strategy follows a layered approach,
including the pre-vetting of individuals prior to their travel. This
allows the CBP officer to have all of the information from systems
checks readily available as part of the officer's comprehensive
admissibility determination. As described above, CBP currently relies
on a paper-based process that occurs after the individual arrives in
Guam or the CNMI. This means that the vetting of the traveler does not
begin until the traveler presents the form on arrival. The absence of
pre-arrival vetting due to the lack of automation and submission of a
paper CBP Form I-736 limits CBP's ability to implement an essential
part of its national security strategy to pre-vet individuals arriving
in Guam and the CNMI. Implementation of an automated process, whereby
CBP systems will be able to automatically cross-check information
submitted electronically by travelers against law enforcement
databases, will allow CBP to notify carriers whether passengers
attempting to travel to Guam or the CNMI without a visa have completed
the travel authorization process, and will serve to prevent travel from
individuals who may pose a threat to national security or otherwise
likely to be found inadmissible upon arrival.
Automating the G-CNMI VWP paper-based processes will not only
increase national security, but will also provide operational and
programmatic benefits to travelers and CBP. For travelers, automating
the Form I-736 will decrease their wait times upon arrival at the port
of entry, which could lead to increased overall traveler satisfaction.
For CBP, automating the Form I-736 will allow CBP officers to spend
more time focusing on a traveler's purpose and intent, rather than
forms processing, data entry, and hard copy storage. The transition to
a paperless environment will save CBP time and money. Migrating from
the paper CBP Form I-736 to the electronic Form I-736 likewise allows
CBP to meet operational requirements such as, but not limited to,
performing data capture, data retrieval, data sharing, and data
security, because CBP will no longer need to rely on the transcription
of paper forms. Lastly, an electronic format allows CBP to provide
applicants with email assistance and online self-help.
C. Treatment of Travelers From the People's Republic of China (PRC) to
the CNMI
1. Exclusion of PRC From the G-CNMI VWP
The PRC is not among the countries whose nationals are currently
eligible for participation in the G-CNMI VWP. Although DHS concluded in
the January 2009 IFR that travel by Chinese nationals to the CNMI
provides a ``significant economic benefit,'' as defined in the CNRA, a
prerequisite for inclusion in the program, DHS also concluded that
political and security concerns weighed against including nationals
from the PRC in the G-CNMI VWP.\15\ For similar reasons, the Russian
Federation (Russia) is also not among the countries whose nationals are
currently eligible for participation in the G-CNMI VWP.\16\ DHS left
open the possibility that nationals from the PRC and Russia could be
included in the G-CNMI VWP at a later point if additional
[[Page 3302]]
security measures were introduced, such as electronic travel
authorization to screen and approve potential visitors.\17\
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\15\ 74 FR at 2826-27.
\16\ Id.
\17\ 74 FR at 2827.
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2. Parole
Although not included in the G-CNMI VWP, in recognition of the
economic significance of visitors from the PRC and Russia, on October
21, 2009, former Secretary of Homeland Security Janet Napolitano
announced that, effective November 28, 2009, DHS would favorably
consider, on a case-by-case basis, requests for discretionary parole
into the CNMI from eligible nationals of the PRC or Russia who are
temporary visitors for business or pleasure, pursuant to INA section
212(d)(5) (8 U.S.C. 1182(d)(5)).\18\ Effective January 15, 2012, this
policy was extended to Russian visitors to Guam.\19\
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\18\ DHS Notification to Congress, Oct. 21, 2009; see CBP
Carrier Liaison Program, Important Update in Entry Requirements
Parole for Citizens of the Russian Federation and the People's
Republic of China for the CNMI Only, 2009 CLP Bulletin (Nov. 16,
2009), available at https://www.justice.gov/sites/default/files/eoir/legacy/2014/08/15/CNMI%20CLP%20Bulletin.pdf (last visited July
20, 2023); see also DHS, Significant Economic Benefit, Guam-CNMI
Visa Waiver Program, https://www.dhs.gov/guam-cnmi-visa-waiver-program (last visited July 20, 2023).
\19\ See CBP Carrier Liaison Program, Important Update in U.S.
Entry Requirements Parole of Citizens of Russia into Guam, 2011 CLP
Bulletin (Dec. 19, 2011); see also National Media Release, CBP,
Russian Citizens Now Eligible to Travel to Guam Visa-Free (Jan. 26,
2012), https://www.cbp.gov/newsroom/national-media-release/russian-citizens-now-eligible-travel-guam-visa-free (last visited July 20,
2023).
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Although parole is an authorized entry into the United States, it
is not an admission to the United States. INA secs. 101(a)(13)(B),
212(d)(5)(A) (8 U.S.C. 1101(a)(13)(B), 1182(d)(5)(A)). Parole may be
granted to a noncitizen, regardless of the noncitizen's
inadmissibility, as a matter of discretion ``on a case-by-case basis
for urgent humanitarian reasons or significant public benefit.'' INA
sec. 212(d)(5)(A) (8 U.S.C. 1182(d)(5)(A)).
Under the 2009 and 2012 discretionary parole policies, nationals of
Russia were allowed to enter Guam and the CNMI and to travel between
Guam and the CNMI, and nationals of the PRC were allowed to enter the
CNMI for a period of stay up to 45 days, provided the traveler met
certain conditions developed by CBP, in close coordination with
DHS.\20\ Pursuant to these policies, nationals of Russia and the PRC
seeking entry without a visa: (1) must possess a valid, unexpired
machine readable passport; (2) must not have previously violated the
terms of any prior travel to the United States; and (3) must present a
valid completed CBP Form I-94, Arrival/Departure Record, and CBP Form
I-736, Guam-CNMI Visa Waiver Information.\21\ Also pursuant to these
policies, visitors paroled under this authority could not engage in
local employment or labor for hire and this parole authorization did
not permit travel to another location within the United States.\22\
This meant that nationals of Russia may travel to Guam and the CNMI
only and nationals of the PRC may travel to the CNMI only.
---------------------------------------------------------------------------
\20\ See CBP Carrier Liaison Program, Important Update in Entry
Requirements Parole for Citizens of the Russian Federation and the
People's Republic of China for the CNMI Only, 2009 CLP Bulletin
(Nov. 16, 2009), available at https://www.justice.gov/sites/default/files/eoir/legacy/2014/08/15/CNMI%20CLP%20Bulletin.pdf (last visited
July 20, 2023); CBP Carrier Liaison Program, Important Update in
U.S. Entry Requirements Parole of Citizens of Russia into Guam, 2011
CLP Bulletin (Dec. 19, 2011); CBP, Carrier Information Guide 10
(2019), available at https://www.cbp.gov/sites/default/files/assets/documents/2019-Mar/2019%20Carrier%20Information%20Guide%20-%20ENGLISH.pdf (last visited July 20, 2023). See also DHS,
Significant Economic Benefit, Guam-CNMI Visa Waiver Program, https://www.dhs.gov/guam-cnmi-visa-waiver-program (last visited July 20,
2023) (detailing requirements for noncitizens to be eligible for the
parole provision); National Media Release, CBP, Russian Citizens Now
Eligible to Travel to Guam Visa-Free (Jan. 26, 2012), https://www.cbp.gov/newsroom/national-media-release/russian-citizens-now-eligible-travel-guam-visa-free (last visited July 20, 2023).
\21\ Id.
\22\ Id.
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3. Review of U.S. Parole Policies
On January 25, 2017, former President Trump signed E.O. 13767,
Border Security and Immigration Enforcement Improvements, 82 FR 8793
(Jan. 30, 2017),\23\ which has since been revoked.\24\ E.O. 13767
directed the Secretary of Homeland Security to ``take appropriate
action to ensure that parole authority under section 212(d)(5) of the
INA (8 U.S.C. 1182(d)(5)) is exercised only on a case-by-case basis in
accordance with the plain language of the statute, and in all
circumstances only when an individual demonstrates urgent humanitarian
reasons or a significant public benefit derived from such parole.''
---------------------------------------------------------------------------
\23\ Available at https://trumpwhitehouse.archives.gov/presidential-actions/executive-order-border-security-immigration-enforcement-improvements/ (last visited July 20, 2023).
\24\ President Biden revoked E.O. 13767 on February 2, 2021,
signing E.O. 14010, Creating a Comprehensive Regional Framework To
Address the Causes of Migration, To Manage Migration Throughout
North and Central America, and To Provide Safe and Orderly
Processing of Asylum Seekers at the United States Border, 86 FR 8267
(Feb. 5, 2021), available at https://www.whitehouse.gov/briefing-room/presidential-actions/2021/02/02/executive-order-creating-a-comprehensive-regional-framework-to-address-the-causes-of-migration-to-manage-migration-throughout-north-and-central-america-and-to-provide-safe-and-orderly-processing/ (last visited July 20, 2023).
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In compliance with E.O. 13767, and prior to its revocation by E.O.
14010, DHS reviewed a broad spectrum of existing parole policies,
including the parole policies applicable to Guam and the CNMI. The CNMI
requested a 902 Consultation detailed in Section II.C.4. below to
address the impact of this review on the CNMI. Subsequently, on
September 3, 2019, DHS published a notice in the Federal Register
announcing that as of October 3, 2019, DHS was rescinding its policy
relating to the exercise of its discretionary parole authority for
certain nationals of Russia and no longer giving favorable
consideration to parole requests simply because the individual was a
national of Russia who was seeking entry into Guam or the CNMI solely
for a temporary visit for business or pleasure. 84 FR 46029, 46030.
However, as noted in the Federal Register notice, affected individuals
could still apply for parole pursuant to INA section 212(d)(5) (8
U.S.C. 1182(d)(5)) by filing USCIS Form I-131 Application for Travel
Document, consistent with the instructions for that form. 84 FR at
46031. The September 2019 Federal Register notice did not impact DHS
policy relating to the exercise of discretionary parole authority for
certain PRC nationals. However, as discussed in Section II.C.4 below,
on October 2, 2019, CBP announced that beginning October 3, 2019, PRC
nationals traveling to the CNMI for the purpose of a temporary visit
for business or pleasure without a visa would be limited to a period of
parole not to exceed 14 days.\25\ All other conditions for PRC
nationals traveling to the CNMI under the 2009 parole policy described
in Section II.C.2 above continue to apply.
---------------------------------------------------------------------------
\25\ See CBP, Carrier Liaison Program, Limit of Parole of
Nationals of the PRC into the CNMI (Oct. 2, 2019), CBP Publication
Number 0966-1019, available at https://www.cbp.gov/sites/default/files/assets/documents/2019-Nov/20191002%20PRC%20CNMI%20Parole%20Program.pdf (last visited July 20,
2023).
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4. 902 Consultations
a. The Covenant and 902 Consultation Process
The Covenant to Establish the Commonwealth of the Northern Mariana
Islands in Political Union with the United States of America (Covenant)
governs relations between the United States and the CNMI. See Public
Law 94-241, 90 Stat. 263; 48 U.S.C. 1801 and note. Section 902 of the
Covenant provides that the Federal Government of the United States and
the Government
[[Page 3303]]
of the Northern Mariana Islands ``will designate special
representatives to meet and consider in good faith such issues
affecting the relationship between the Northern Mariana Islands and the
United States as may be designated by either Government and to make a
report and recommendations with respect thereto.'' Public Law 94-241,
90 Stat. 263, 276; 48 U.S.C. 1801 note. These intermittent discussions
between the United States Federal Government and the CNMI have become
known as 902 Consultations.
By letter dated October 19, 2018, CNMI Governor Ralph DLG Torres
requested that former President Trump initiate the 902 Consultation
process regarding discretionary parole policies of DHS.\26\ This letter
identified the primary issue as the impact of a possible revocation of
the existing parole policy for PRC nationals would have on the CNMI's
access to the Chinese tourist market and how it would imperil the
CNMI's economic survival.\27\ On February 26, 2019, former President
Trump designated Douglas W. Domenech, U.S. Department of the Interior
Assistant Secretary Insular and International Affairs, as the Special
Representative for the United States Federal Government for this 902
Consultation.\28\ In addition to the Special Representative, the U.S.
Federal Government team included other high-level officials from the
Department of the Interior and the Department of State, as well as
other offices.\29\ Governor Torres was designated the Special
Representative for the CNMI.\30\
---------------------------------------------------------------------------
\26\ Report to the President on 902 Consultations Related to the
DHS Discretionary Parole Program (May 15, 2019), p. 3, available at
https://www.doi.gov/sites/doi.gov/files/uploads/final_902_report.pdf.
\27\ Id.
\28\ Id.
\29\ Id.
\30\ Id.
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This 902 Consultation process involved two rounds of meetings
between the Special Representatives and their teams on February 26,
2019, and on April 2-3, 2019.\31\ These meetings involved presentation
of position papers, discussion among the teams, panel presentations,
and site visits.\32\ After the meetings, the Special Representatives
and their teams developed mutually agreeable language for the Report to
the President on 902 Consultations Related to the DHS Discretionary
Parole Program (2019 Report).\33\
---------------------------------------------------------------------------
\31\ Id. p.4
\32\ Id.
\33\ Id.
---------------------------------------------------------------------------
b. Recommendations
As set forth in the 2019 Report, as a result of the 902
Consultation process, both Special Representatives found that the
CNMI's access to the PRC tourist market is of critical importance to
the CNMI's economy and should be facilitated to the greatest degree
possible, while at the same time recognizing that national security,
public safety, and immigration concerns warrant that certain
modifications be made to either the parole system or the existing G-
CNMI VWP.\34\ With that as a basis, the Special Representatives agreed
to four recommendations, provided in the 2019 Report, the first two of
which are relevant to this IFR.\35\
---------------------------------------------------------------------------
\34\ Id. p. 9. The 2019 Report is silent on the CNMI's access to
the Russian tourist market.
\35\ Id. pp. 9-11.
---------------------------------------------------------------------------
The first recommendation was to modify the parole policies with
enhanced security provisions.\36\ This modification would reduce the
period of parole for PRC nationals from a maximum of 45 days to a
maximum of 14 days. This modification would also add electronic
screening and vetting prior to arrival at the port of entry, allowing
for information exchange and cooperation to combat human trafficking
and unlawful employment. This modification would be an interim step
until the second recommendation regarding the creation of the CNMI EVS-
TAP could be implemented. Existing parole policies would remain in
place until this modification was enacted, and DHS would work with CNMI
officials to ensure a smooth transition.
---------------------------------------------------------------------------
\36\ Id. pp. 9-10.
---------------------------------------------------------------------------
The second recommendation was to create the CNMI EVS-TAP as a sub-
program of the G-CNMI VWP.\37\ The Special Representatives noted that
the CNRA provides for the addition of a country to the G-CNMI VWP and
authorizes the Secretary of Homeland Security to impose special
requirements on nationals of that country to allow them to participate
in the program, such as installing an electronic automated screening
platform for use by PRC nationals entering into the CNMI under the G-
CNMI VWP. INA sec. 212(l)(6) (8 U.S.C. 1182(l)(6)). Thus, the Special
Representatives recommended that DHS create a restricted travel
authorization program under the authorities of the G-CNMI VWP and add
the PRC to this sub-program. The sub-program, the CNMI EVS-TAP, would
include additional restrictions that do not currently pertain to the
rest of the G-CNMI VWP. Under CNMI EVS-TAP, travelers would be allowed
to enter only the CNMI without a visa, and would not be permitted to
enter Guam, the mainland, or any other U.S. location. Travelers under
the CNMI EVS-TAP would be subject to electronic screening and vetting
prior to entry. As discussed in the CNRA, DHS would explore adding
bonding requirements. Travel authorization under the CNMI EVS-TAP would
be for a maximum of 14 days in lieu of exceptional circumstances.
---------------------------------------------------------------------------
\37\ Id. p. 10.
---------------------------------------------------------------------------
c. Implementation of 902 Consultation Recommendations
As noted above, in accordance with the first part of the first
recommendation, as of October 3, 2019, the parole policy for PRC
nationals was modified to reduce the maximum period of parole from 45
days to 14 days. In order to meet the second part of the first
recommendation (to modify the parole policy to include electronic
screening and vetting prior to arrival at the port of entry as an
interim step), CBP is first implementing an electronic travel
authorization process for the G-CNMI VWP generally. In this rule, CBP
is also establishing the CNMI EVS-TAP, a restricted sub-program of the
G-CNMI VWP which includes an electronic travel authorization process
for travelers from the PRC, under section 702(b)(3) of the CNRA.\38\
CBP will implement CNMI EVS-TAP 45 days after CBP publishes
notification in the Federal Register. This will satisfy the second 902
Consultation recommendation.
---------------------------------------------------------------------------
\38\ INA sec. 212(l)(6) (8 U.S.C. 1182(l)(6)).
---------------------------------------------------------------------------
III. Overview of Regulatory Changes
In this rule, promulgated in consultation with the Secretary of the
Interior and the Secretary of State, DHS is amending the regulations to
establish an electronic travel authorization process for individuals
traveling to Guam or the CNMI under the G-CNMI VWP. DHS is also
amending the regulations to establish the CNMI EVS-TAP program that
will also include an electronic travel authorization process for
certain nationals of the PRC traveling to the CNMI. To fully integrate
the two automated systems in an efficient and cost-effective manner,
DHS will implement the CNMI EVS-TAP program after the system for G-CNMI
VWP automation is fully operational. This rule provides the regulatory
framework necessary for automation of the G-CNMI VWP and to establish
CNMI EVS-TAP. When DHS is ready to fully implement CNMI EVS-TAP, we
will provide notification in the Federal Register, which will take
effect 45 days after publication.
[[Page 3304]]
Various regulatory changes are necessary to mandate that G-CNMI VWP
travelers receive electronic travel authorization and to establish the
CNMI EVS-TAP. The process established under the current regulations, 8
CFR 212.1(q)(1)(v), requires G-CNMI VWP travelers to submit a paper CBP
Form I-736; thus, the regulations need to be amended to require
travelers to use an online version to be submitted pre-departure and to
receive electronic travel authorization prior to departure. CBP must
also add regulations to establish the requirements of the CNMI EVS-TAP.
IV. G-CNMI VWP Automation and Electronic Travel Authorization
This IFR requires G-CNMI VWP travelers to obtain electronic travel
authorization to travel to Guam or the CNMI prior to embarking on such
travel. To implement this requirement, this IFR adds a new paragraph
(q)(9) to 8 CFR 212.1 titled ``Electronic Travel Authorization'' and
makes certain revisions to 8 CFR 212.1(q).
A. Electronic Travel Authorization
1. Electronic Travel Authorization Requirement and Transition Period
By requiring a G-CNMI VWP electronic travel authorization, CBP will
be able to screen travelers seeking to enter Guam or the CNMI under the
G-CNMI VWP prior to their arrival in Guam or the CNMI. Individuals
intending to travel under the G-CNMI VWP will be able to obtain travel
authorization in advance of travel to Guam or the CNMI. DHS notes that
an electronic authorization to travel to Guam or the CNMI under the G-
CNMI VWP is not a determination that the traveler ultimately is
admissible to Guam or the CNMI. That determination is made by a CBP
officer only after an applicant for admission is inspected by the CBP
officer at a U.S. port of entry. In addition, a G-CNMI VWP electronic
travel authorization is not a visa. The grant of a G-CNMI VWP
electronic travel authorization is distinct from the visa application
process. Travel authorization under the G-CNMI VWP allows a G-CNMI VWP
participant to travel to Guam or the CNMI and does not confer on the
traveler admissibility to Guam or the CNMI. Requiring a G-CNMI VWP
electronic travel authorization allows DHS to identify potential
grounds of ineligibility for admission before the G-CNMI VWP traveler
embarks on a carrier destined for Guam or the CNMI.
Requiring a G-CNMI VWP electronic travel authorization will reduce
the number of travelers who are determined to be inadmissible to Guam
or the CNMI during inspection by a CBP officer at a port of entry,
thereby saving, among other things, the cost of return travel to the
carrier, inspection time, and delays and inconvenience for the
traveler. Requiring a G-CNMI VWP electronic travel authorization also
will enable CBP to allocate existing resources more efficiently to
screening passengers at U.S. ports of entry, thereby facilitating
legitimate travel. Requiring a G-CNMI VWP electronic travel
authorization increases the amount of information available to DHS
regarding G-CNMI VWP travelers before such travelers arrive at U.S.
ports of entry; and, by recommending that travelers submit such
information a minimum of 5 days in advance of departure, provides DHS
with additional time to screen G-CNMI VWP travelers destined for Guam
or the CNMI, thus enhancing security by allowing CBP to conduct pre-
vetting and cross-checking information against law enforcement
databases. Furthermore, it will allow carriers to know in advance
whether the traveler is approved to board the conveyance using existing
messaging capabilities between CBP and the carriers.
The G-CNMI VWP electronic travel authorization requirement allows
DHS to eliminate the requirement that G-CNMI VWP travelers be in
possession of a completed and signed paper CBP Form I-736. Although
this rule is effective on September 30, 2024, in this rule CBP is
incorporating a 60-day transition period to facilitate travelers
adjusting to the new collection method. See new 8 CFR 212.1(q)(9)(i).
Prior to September 30, 2024, travelers should continue to use the paper
CBP Form I-736 or print out the form as they are doing today. On
September 30, 2024, the 60-day transition period will begin. During
this transition period, travelers can choose whether to submit the Form
I-736 in advance electronically and receive prior electronic travel
authorization or to submit the paper CBP Form I-736 upon arrival.
At the end of the transition period, the paper CBP Form I-736 will
become obsolete and travelers must input and submit in advance their
personal information and respond to the eligibility questions using the
new electronic format Form I-736. See new 8 CFR 212.1(q)(9)(i). The
travelers' information will be pre-screened or vetted against law
enforcement databases. Based on the results of the pre-screening, the
application will be approved or denied. The system will generate a
``board'' or ``no board'' status message to the carrier indicating a
denied or approved authorization to board before the flight. The
applicant also receives a message with the application status:
approved, denied, canceled, or pending. Beginning November 29, 2024,
when the 60-day transition period ends, carriers must deny boarding to
travelers without an approved electronic travel authorization. See new
8 CFR 212.1(q)(5)(iv). All information will be saved in the newly
created G-CNMI VWP database.
2. Obtaining Travel Authorization
This IFR establishes data fields by which G-CNMI VWP travelers must
electronically submit to CBP, in advance of travel to Guam or the CNMI,
including biographic and other information specified by the Secretary.
The information specified by the Secretary is necessary to determine
the eligibility of the individual to travel to Guam or the CNMI under
the G-CNMI VWP and whether such travel poses a law enforcement or
security risk. This is the same information currently required on the
paper CBP Form I-736, which G-CNMI VWP travelers must present to a CBP
officer at a port of entry. This IFR does not impose any new data
collection requirements on air or vessel carriers. For example, this
rule does not require air carriers to transmit any G-CNMI VWP
electronic travel authorization data elements on behalf of travelers to
CBP, nor does it require carriers to submit any additional data.
In determining a traveler's eligibility for a G-CNMI VWP electronic
travel authorization, CBP will assess each application to determine
whether the individual is eligible to travel to Guam or the CNMI and
whether there exists any law enforcement or security risk in permitting
such travel under the G-CNMI VWP. The information submitted by the
individual in the travel authorization application will be checked by
CBP against all appropriate databases, including, but not limited to,
lost and stolen passport databases and appropriate watchlists.
Additionally, if a traveler does not provide the information required
or provides false information in the travel authorization application
or if any evidence exists indicating that an individual is ineligible
to travel to Guam or the CNMI under the G-CNMI VWP or that permitting
such travel poses a law enforcement or security risk, CBP may deny the
application for a travel authorization. The Secretary, acting through
CBP, retains discretion to revoke a travel authorization determination
at any time and for any reason. If a travel authorization
[[Page 3305]]
application is denied, the individual may still seek to obtain a visa
to travel to Guam or the CNMI from the appropriate U.S. embassy or
consulate. See INA sec. 221(a)(1)(B) (8 U.S.C. 1201(a)(1)(B)).
3. Timeline for Submitting Travel Authorization Data
With this IFR after the 60-day transition period, each nonimmigrant
visitor wishing to travel to Guam or the CNMI under the G-CNMI VWP must
have a travel authorization prior to embarking on a carrier. DHS,
however, recommends that G-CNMI VWP travelers obtain travel
authorizations prior to the time of reservation or purchase of the
ticket, or at least 5 days before departure to Guam or the CNMI, in
order to facilitate timely departures.
4. Required Travel Authorization Data Elements
G-CNMI VWP electronic travel authorization will collect the same
information currently required on the paper CBP Form I-736 that is
presented to a CBP officer at a port of entry. This is the information
that the Secretary has deemed necessary to evaluate whether an
individual is eligible to travel to Guam or the CNMI under the G-CNMI
VWP and whether such travel poses a law enforcement or security risk.
This information is already collected through the CBP Form I-736, which
is presented to CBP when the traveler arrives in Guam or the CNMI. On
the CBP Form I-736, travelers must provide biographical data such as
name, birth date, and passport information, as well as travel
information such as flight information and the address of the traveler
while in Guam or the CNMI. Travelers must also answer eligibility
questions regarding, for example: communicable diseases, arrests and
convictions for certain crimes, and history of visa revocation or
deportation. The information provided in the Form I-736 is sufficient
for CBP to initially determine if the applicant is eligible to travel
under the G-CNMI VWP before the individual commences travel to Guam or
the CNMI. Therefore, DHS has decided to utilize the Form I-736 data
elements by requiring them to be submitted in advance of travel under
the G-CNMI VWP electronic travel authorization.
5. Scope of G-CNMI VWP Electronic Travel Authorization
An approved travel authorization only allows an individual to board
a conveyance for travel to a U.S. port of entry in Guam or the CNMI and
does not restrict, limit, or otherwise affect the authority of CBP to
determine a traveler's admissibility to Guam or the CNMI during
inspection at a port of entry.
6. Duration
In general, each travel authorization will be valid for a period of
no more than two years. An individual may travel to Guam or the CNMI
repeatedly within the validity period of the travel authorization using
the same travel authorization. Travelers whose G-CNMI VWP electronic
travel authorization applications are approved, but whose passports
will expire in less than two years, will receive travel authorization
that is valid only until the expiration date on the passport.
Pursuant to INA section 212(a)(7)(B)(i)(I) (8 U.S.C.
1182(a)(7)(B)(i)(I)) and implementing regulations at 8 CFR
214.1(a)(3)(i), the passport of an applicant for admission must be
valid for a minimum of six months from the expiration date of the
contemplated period of stay. This means that travelers to the United
States, including to Guam or the CNMI, are required to be in possession
of passports that are valid for six months beyond the period of their
intended stay. Certain foreign governments have entered into agreements
with the United States whereby their passports are recognized as valid
for the return of the bearer to the country of the foreign-issuing
authority for a period of six months beyond the expiration date
specified in the passport.\39\ These agreements have the effect of
extending the validity period of the foreign passport an additional six
months notwithstanding the expiration date indicated in the passport.
Thus, citizens of the countries that have entered into such an
agreement are exempt from the ``six-month rule'' and need only have a
passport valid for their intended period of stay. Accordingly, the
general rule provided in new 8 CFR 212.1(q)(9)(iv)(A) applies to
travelers who are citizens of countries that have entered into such an
agreement.\40\
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\39\ The list of countries which have entered into such an
agreement is available on the Department of State website at https://fam.state.gov/fam/09FAM/09FAM040309.html#M403_9_3_B_2 (last visited
July 20, 2023).
\40\ Id.
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For travelers from countries that have not entered into such an
agreement,\41\ G-CNMI electronic travel authorizations will be valid
for a period of two years, as provided by the general rule. However,
travel authorizations for individuals from countries that have not
entered into such an agreement will not be approved beyond the six
months prior to the expiration date of the traveler's passport.
Travelers from these countries whose passports will expire in six
months or less will not receive an approved G-CNMI VWP electronic
travel authorization.\42\
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\41\ Id. At this time, Brunei and Nauru are the two G-CNMI VWP
countries that have not entered into such an agreement with the
United States.
\42\ Id. See INA sec. 212(a)(7)(B)(i)(I) (8 U.S.C.
1182(a)(7)(B)(i)(I)) and implementing regulations at 8 CFR
214.1(a)(3)(i).
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The Secretary, in consultation with the Secretary of the Interior
and the Secretary of State, may increase or decrease the G-CNMI VWP
travel authorization validity period for a designated G-CNMI VWP
country or geographic area. See INA sec. 212(l)(3) (8 U.S.C.
1182(l)(3)). Notice of any change to the G-CNMI VWP travel
authorization validity periods will be published in the Federal
Register. In addition, CBP will update the G-CNMI VWP website to
reflect any changes to a G-CNMI VWP country or geographic area's
specific G-CNMI VWP travel authorization validity period.
7. Events Requiring New Travel Authorization
A G-CNMI VWP traveler must obtain a new electronic travel
authorization in advance of travel to Guam or the CNMI within the
validity period of the traveler's current travel authorization if any
of the following occurs:
(1) The traveler is issued a new passport;
(2) The traveler's name changes;
(3) The traveler's gender changes;
(4) The traveler's country of citizenship changes; or
(5) The circumstances underlying the traveler's previous responses
to any of the G-CNMI VWP electronic travel authorization application
questions requiring a ``yes'' or ``no'' response (eligibility
questions) have changed.
8. Fee
At this time, payment of a fee will not be required to obtain a
travel authorization. If DHS determines at a later time, however, that
collection of a fee is necessary for the efficient administration of
the G-CNMI VWP electronic travel authorization requirement, DHS will
implement a fee through a separate rulemaking action or such other
manner as is consistent with the Administrative Procedure Act and
applicable statutory authorities.
B. Conforming Amendments
Additionally, this IFR makes several changes to 8 CFR 212.1(q) to
account for automation of Form I-736 and the
[[Page 3306]]
electronic travel authorization requirement in the new paragraph
(q)(9). In the list of eligibility requirements in paragraph (q)(1),
paragraph (q)(1)(v) is revised to incorporate the 60-day transition
period and add the requirement for travelers to have received
electronic travel authorization prior to embarking on a carrier
pursuant to the new 8 CFR 212.1(q)(9) beginning November 29, 2024.
Similarly, in the list of requirements for transportation lines in
paragraph (q)(5), paragraph (q)(5)(iv) is revised to incorporate the
60-day transition period and add the requirement that transportation
lines transport travelers who have received electronic travel
authorization pursuant to the new 8 CFR 212.1(q)(9) beginning November
29, 2024. Also, in paragraph (q)(5) regarding requirements for
transportation lines, a cross-reference to 8 CFR 1.4 is added to the
end of paragraph (q)(5)(v), requiring transportation lines to transport
a traveler in possession of a completed I-94, Arrival-Departure Record
(CBP Form I-94). The cross-referenced section 1.4 states that the
definition of Form I-94 includes the electronic format and that the
terms ``completed and signed'' ``include, but are not limited to, DHS
completing its collection of information into its electronic record of
admission, or arrival/departure.'' See 8 CFR 1.4(b).
C. Technical Corrections
This IFR also makes several technical corrections to 8 CFR
212.1(q). First, the G-CNMI VWP eligibility requirement for residents
of Taiwan to possess a Taiwan National Identity Card and a valid Taiwan
passport with a valid re-entry permit issued by the Taiwan Ministry of
Foreign Affairs is moved from paragraph (q)(1)(xi) to the other list of
eligibility requirements for those with a connection to Taiwan in
paragraph (q)(2)(ii)(B). This change consolidates all the G-CNMI VWP
eligibility requirements for those with a connection to Taiwan to one
location. Second, in paragraph (q)(4), the heading ``Ineligibility due
to admission under the Guam-CNMI Visa Waiver Program'' is added for
clarification. Third, in paragraph (q)(7), the extraneous paragraph
designation between the headings ``Maintenance of status--'' and
``Satisfactory departure.'' is removed so that the heading reads
``Maintenance of status--satisfactory departure.'' Fourth, in
paragraphs (q)(7) and (q)(8)(ii)(A), the words ``his or her'' are
replaced with the gender neutral ``the alien's'' or ``the officer's''
as applicable. Finally, in paragraph (q)(8)(ii)(B), the reference to
``paragraph (b)(1)'' is replaced with the correct reference to
``paragraph (q)(8)(ii)(A).''
V. Commonwealth of the Northern Mariana Islands Economic Vitality &
Security Travel Authorization Program (CNMI EVS-TAP)
This IFR also creates the CNMI EVS-TAP as a restricted sub-program
of the G-CNMI VWP, under the CNRA and pursuant to consultations under
Section 902 of the Covenant. As noted above in Section II.B., section
702(b)(3) of the CNRA provides for the addition of countries to the G-
CNMI VWP, stating that the Governor of Guam and the Governor of the
CNMI may request the Secretary of the Interior and the Secretary of
Homeland Security to add a particular country to the list of countries
whose nationals may obtain a visa waiver under the G-CNMI VWP, and the
Secretary of Homeland Security may grant such request after
consultation with the Secretary of the Interior and the Secretary of
State, and may promulgate regulations with respect to the inclusion of
that country and any special requirements the Secretary of Homeland
Security, in the Secretary's sole discretion, may impose prior to
allowing nationals of that country to obtain the visa waiver under the
G-CNMI VWP.\43\ DHS considers these request and consultation
requirements of the CNRA to have been fulfilled by the 902
Consultations process discussed above in Section II.C.4. In the
Secretary's discretion, and in accordance with the applicable
recommendation from the 902 Consultations, DHS is promulgating
regulations with respect to the inclusion of the PRC in obtaining a
visa waiver, imposing the special requirements of the CNMI EVS-TAP, a
restricted sub-program of the G-CNMI VWP. The CNMI EVS-TAP will allow
certain prescreened nationals of the PRC to travel without a visa to
the CNMI only. To establish the CNMI EVS-TAP, a new paragraph (r) is
added to 8 CFR 212.1. This rule also makes several conforming
amendments to the regulations to account for the CNMI EVS-TAP.
---------------------------------------------------------------------------
\43\ INA sec. 212(l)(6) (8 U.S.C. 1182(l)(6)).
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A. CNMI EVS-TAP
1. Description
The CNRA authorizes the Secretary to allow a noncitizen to enter
Guam or the CNMI as a nonimmigrant visitor for business or pleasure for
a period not to exceed 45 days if the Secretary of Homeland Security,
after consultation with the Secretaries of State and the Interior, and
the Governors of Guam and the CNMI, determines that: (i) adequate
arrival and departure control systems have been developed in Guam and
the CNMI, and (ii) such a waiver does not represent a threat to the
welfare, safety, or security of the United States or its territories
and commonwealths. INA sec. 212(l)(1) (8 U.S.C. 1182(l)(1)). The
requirements for the G-CNMI VWP are set forth in 8 CFR 212.1(q). As
detailed above, the CNRA also provides for the addition of countries to
the list of those whose nationals may obtain a visa waiver, with any
special requirements the Secretary may impose. INA sec. 212(l)(6) (8
U.S.C. 1182(l)(6)). As discussed above in Section II.C.4., the 902
Consultations resulted in the recommendation that the CNMI EVS-TAP be
created under the CNRA as a sub-program of the G-CNMI VWP. As set forth
in new 8 CFR 212.1(r)(1), the CNMI EVS-TAP is a restricted travel
authorization sub-program of the G-CNMI VWP that allows a nonimmigrant
visitor who is a national of the PRC to be admitted to the CNMI without
a visa in specified circumstances.
The regulations for CNMI EVS-TAP largely mirror the regulations for
the G-CNMI VWP, including the new electronic travel authorization
requirement provided by this IFR. However, as the CNMI EVS-TAP is a
restricted sub-program of the G-CNMI VWP, there are some differences
between the regulations for each, consistent with the 902 Consultation
Recommendations \44\ and the current parole policy.\45\ The primary
differences are that CNMI EVS-TAP travelers may visit only the CNMI and
for a maximum of 14 days; whereas, the G-CNMI VWP travelers may visit
both the CNMI and Guam and for a maximum of 45 days. Additionally, the
CNMI EVS-TAP regulations are tailored to a discrete group consisting of
PRC nationals, while the G-CNMI VWP regulations must provide for a
larger and more varied group of the countries and geographic areas
whose travelers are eligible for the G-CNMI VWP.
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\44\ As discussed in Section II.C.4 above.
\45\ As discussed in Section II.C.2-3 above.
---------------------------------------------------------------------------
2. Eligibility
Similar to the requirements that those currently seeking admission
to Guam or the CNMI under the G-CNMI VWP must meet, as established in
new 8 CFR 212.1(r)(2), to be considered eligible for admission into the
CNMI under the CNMI EVS-TAP, prior to embarking on a carrier for travel
to the CNMI, nonimmigrant visitors must:
(i) Be a national of the PRC;
[[Page 3307]]
(ii) Be classifiable as a visitor for business or pleasure;
(iii) Be solely entering and staying on the CNMI for a period not
to exceed 14 days;
(iv) Be in possession of a round trip ticket that is nonrefundable
and nontransferable and bears a confirmed departure date not exceeding
14 days from the date of admission to the CNMI. ``Round trip ticket''
includes any return trip transportation ticket issued by a
participating carrier, electronic ticket record, airline employee
passes indicating return passage, individual vouchers for return
passage, group vouchers for return passage for charter flights, or
military travel orders which include military dependents for return to
duty stations outside the United States on U.S. military flights;
(v) Receive an electronic travel authorization from CBP pursuant to
new paragraph 8 CFR 212.1(r)(9);
(vi) Be in possession of a completed and signed I-94 (see Sec.
1.4), Arrival-Departure Record (CBP Form I-94). The cross referenced
Sec. 1.4 states that the definition of I-94 includes the electronic
format and that the terms ``completed and signed'' ``include, but are
not limited to, DHS completing its collection of information into its
electronic record of admission, or arrival/departure.'' See 8 CFR
1.4(b). While the Form I-94 has been automated and travelers no longer
are required to physically possess the form, as CNMI EVS-TAP is a sub-
program of the GCNMI VWP, the regulatory requirements should match.
(vii) Be in possession of a valid unexpired ICAO (International
Civil Aviation Organization) compliant, machine readable passport
issued by the PRC;
(viii) Have not previously violated the terms of any prior
admissions or parole;
(ix) Waive any right to review or appeal an immigration officer's
determination of admissibility at the port of entry into the CNMI; and
(x) Waive any right to contest any action for deportation or
removal, other than on the basis of: an application for withholding of
removal under section 241(b)(3) of the INA; withholding or deferral of
removal under the regulations implementing Article 3 of the United
Nations Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment; or, an application for asylum if
permitted under section 208 of the INA. As in the G-CNMI VWP, section
208 of the INA (8 U.S.C. 1158) regarding asylum does not apply to the
CNMI during the transition period ending December 31, 2029.\46\
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\46\ Note that INA section 208(e) (8 U.S.C. 1158(e)), has not
been amended to reflect the extensions of the transition period. See
section 6(a)(2), (7) of Public Law 94-241, 48 U.S.C. 1806(a)(2),
(7); as amended by section 702(a) of the CRNA, 122 Stat. at 855-6
(ending the transition period December 31, 2014); section 10(1) of
the Consolidated and Further Continuing Appropriations Act, 2015,
Public Law 113-235, 128 Stat. 2130, 2134 (Dec. 16, 2014) (extending
the transition period through December 31, 2019); and section
3(a)(1)(A) of the Northern Mariana Islands U.S. Workforce Act of
2018, Public Law 115-218, 132 Stat. 1574 (July 24, 2018) (extending
the transition period through December 31, 2029).
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3. Suspension or Discontinuation of Program
This rule, in new 8 CFR 212.1(r)(3), also incorporates the
provisions in section 702(b) of the CNRA regarding the suspension of
countries from and the factors for discontinuation of the G-CNMI VWP as
the provisions regarding the suspension of and the factors for
discontinuation of the CNMI EVS-TAP, given that the CNMI EVS-TAP is
only available to nationals of the PRC. See INA sec. 212(l)(4)-(5) (8
U.S.C. 1182(l)(4)-(5)). Accordingly, new 8 CFR 212.1(r)(3) first
provides that the Secretary may suspend the CNMI EVS-TAP for good cause
including, but not limited to, the following circumstances: (A) The
admissions of visitors from the PRC have resulted in an unacceptable
number of visitors from the PRC remaining unlawfully in the CNMI,
unlawfully obtaining entry to other parts of the United States, or
seeking withholding of removal or asylum; or (B) Visitors from the PRC
pose a risk to law enforcement or security interests, including the
enforcement of immigration laws of the CNMI or the United States.
Second, new 8 CFR 212.1(r)(3) provides that the Secretary, in
consultation with the Secretary of the Interior and the Secretary of
State, may also discontinue the CNMI EVS-TAP based on the evaluation of
all factors the Secretary deems relevant including, but not limited to,
electronic travel authorization, procedures for reporting lost and
stolen passports, repatriation of noncitizens, rates of refusal for
nonimmigrant visitor visas, overstays, exit systems and information
exchange.
4. Ineligibility Due to Admission Under the CNMI EVS-TAP
Paralleling the G-CNMI VWP, under new 8 CFR 212.1(r)(4), admission
under the CNMI EVS-TAP renders a noncitizen ineligible for: adjustment
of status to that of a temporary resident or, except as provided by
section 245(i) of the Act or as an immediate relative as defined in
section 201(b) of the Act, to that of a lawful permanent resident;
change of nonimmigrant status; or extension of stay.
5. Requirements for Transportation Lines
New 8 CFR 212.1(r)(5) specifies the requirements for transportation
lines bringing CNMI EVS-TAP travelers to the CNMI. The carrier must be
prepared to establish that each individual it transports without the
appropriate visa was prima facie eligible for the visa waiver, because
the carrier is subject to fine pursuant to section 273 of the INA for
transporting any noncitizen not in possession of an unexpired visa, as
required, unless the requirement is waived. The carrier contract and
ticket restrictions parallel the G-CNMI VWP. Thus, a transportation
line bringing any traveler to the CNMI pursuant to this section must:
(1) Enter into a contract on CBP Form I-760, made by the
Commissioner of U.S. Customs and Border Protection on behalf of the
government;
(2) Transport an individual only if the individual is a national of
the PRC and is in possession of a valid unexpired ICAO compliant,
machine readable passport issued by the PRC;
(3) Transport an individual only if the individual is in possession
of a round trip ticket as defined in 8 CFR 212.1(r)(2)(iv) bearing a
confirmed departure date not exceeding 14 days from the date of
admission to the CNMI, which the carrier will unconditionally honor
when presented for return passage. This ticket must be: valid for a
period of not less than one year; nonrefundable except in the country
in which issued or in the country of the traveler's nationality or
residence; and issued by a carrier which has entered into an agreement
described in this paragraph; and
(4) Transport an individual only if the individual has received
electronic travel authorization from CBP pursuant to 8 CFR 212.1(r)(9).
6. Bonding
Part of the second recommendation made in the 902 Consultations
regarding the creation of CNMI EVS-TAP is that the United States will
explore adding bonding requirements as discussed in the CNRA.\47\
Section 702(b) of the CNRA requires that the regulations implementing
the G-CNMI VWP, and thus the CNMI EVS-TAP, include any
[[Page 3308]]
bonding requirements for nationals of some or all of those countries
who may present an increased risk of overstaying their period of
authorized stay or other potential problems, if different from such
requirements otherwise provided by law for nonimmigrant visitors.\48\
Similar to as discussed below in Section V.B. regarding conforming
amendments to bonding requirements under the G-CNMI VWP, at this time
DHS is not imposing any bonding requirements different from such
requirements otherwise provided by law for nonimmigrant visitors for
travelers seeking admission into the CNMI under the CNMI EVS-TAP. If
DHS determines that additional bonding requirements are necessary, DHS
will amend the regulations accordingly and has reserved new 8 CFR
212.1(r)(6) to do so.
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\47\ Report to the President on 902 Consultations Related to the
DHS Discretionary Parole Program (May 15, 2019), p. 10, available at
https://www.doi.gov/sites/doi.gov/files/uploads/final_902_report.pdf.
\48\ See section 702(b)(3) of the CNRA, 122 Stat. at 861 (INA
sec. 212(l)(3)(B), as amended (8 U.S.C. 1182 (l)(3)(B))) (emphasis
added).
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7. Maintenance of Status--Satisfactory Departure
This rule includes a provision allowing a traveler admitted to the
CNMI under the CNMI EVS-TAP to seek a period of satisfactory departure,
similar to the G-CNMI VWP. Under new 8 CFR 212.1(r)(7), this rule
provides that if a traveler admitted under the CNMI EVS-TAP is
prevented from departing within the period of the authorized stay due
to an emergency, an immigration officer having jurisdiction over the
place of the traveler's temporary stay may grant satisfactory departure
to permit the traveler to delay departing the CNMI for a period not to
exceed 15 days. Currently, this means travelers may seek satisfactory
departure by contacting any local CBP Port of Entry or Deferred
Inspection Site, or the U.S. Citizenship and Immigration Services
Contact Center. If the traveler departs within the extended time
period, the traveler will be regarded as having departed within the
required time period and will not be considered as having overstayed
the period of authorized stay.
8. Inadmissibility and Deportability
This rule sets forth the authority of DHS to remove noncitizens and
to make determinations as to admissibility and deportability in 8 CFR
212.1(r)(8), like the authority under the G-CNMI VWP. CBP may remove a
noncitizen seeking admission under the CNMI EVS-TAP upon a
determination that the noncitizen is inadmissible to the CNMI under one
or more of the grounds of inadmissibility (other than for lack of visa)
listed under section 212 of the INA (8 U.S.C. 1182). This rule also
provides that an immigration officer will refuse admission to and
remove a CNMI EVS-TAP applicant who is in possession of and presents
fraudulent or counterfeit travel documents. See INA sec. 212(a)(6)(C)
(8 U.S.C. 1182(a)(6)(C)). Likewise, DHS may remove a noncitizen
admitted under the CNMI EVS-TAP who has violated the noncitizen's
status under one or more grounds of deportability as listed under
section 237 of the INA (8 U.S.C. 1227). Accordingly, noncitizens who
have been determined to be inadmissible or deportable will not be
referred to an immigration judge for further inquiry, examination, or
hearing. See INA sec. 212(l)(2) (8 U.S.C. 1182(l)(2)).
The CNRA provides that, during the transition period, currently
extended through December 31, 2029, section 208 of the INA (8 U.S.C.
1158), the section that sets forth the requirements to seek asylum,
does not apply to noncitizens in the CNMI.\49\ Therefore, prior to
January 1, 2030, a noncitizen who is physically present or arriving in
the CNMI under the CNMI EVS-TAP may not apply for asylum and an
immigration judge will not have jurisdiction over asylum applications
filed by an noncitizen physically present or arriving in the CNMI under
the CNMI EVS-TAP.\50\ Noncitizens physically present or arriving in the
CNMI during the transition period who express a fear of persecution or
torture only may establish eligibility for withholding of removal
pursuant to INA section 241(b)(3) or pursuant to the regulations
implementing Article 3 of the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment.\51\
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\49\ See section 702(a) of the CRNA, 122 Stat. at 855-6 (section
6(a)(2), (7) of Public Law 94-241, as amended, 48 U.S.C. 1806(a)(2),
(7)). See also note 46, supra, regarding extensions of the
transition period.
\50\ Id.
\51\ DHS and the Department of Justice have promulgated various
regulations implementing U.S. obligations under Article 3 of the
United Nations Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment. See, e.g., 8 CFR 208.16(c)
through (f), 208.17, and 208.18; Regulations Concerning the
Convention Against Torture, 64 FR 8478 (Feb. 19, 1999), as corrected
by 64 FR 13881 (Mar. 23, 1999).
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9. Electronic Travel Authorization
a. Electronic Travel Authorization Requirement, Transition Period, and
Impact on Parole
This rule requires CNMI EVS-TAP travelers to obtain electronic
travel authorization to travel to the CNMI prior to embarking on such
travel under 8 CFR 212.1(r)(9). This requirement parallels the new
requirement for G-CNMI VWP travelers to obtain electronic travel
authorization discussed in section IV.A. above. As discussed above, by
requiring an electronic travel authorization, CBP will be able to
screen travelers seeking to enter the CNMI under the CNMI EVS-TAP prior
to their arrival in the CNMI. DHS notes that an electronic
authorization to travel to the CNMI under the CNMI EVS-TAP is not a
determination that the traveler ultimately is admissible to the CNMI.
That determination is made by a CBP officer only after an applicant for
admission is inspected by the CBP officer at a U.S. port of entry. In
addition, a CNMI EVS-TAP electronic travel authorization is not a visa.
The grant of a CNMI EVS-TAP electronic travel authorization is distinct
from the visa application process. Travel authorization under the CNMI
EVS-TAP allows a CNMI EVS-TAP participant to travel to the CNMI, and
does not confer on the traveler admissibility to the CNMI. Requiring a
CNMI EVS-TAP electronic travel authorization, therefore, allows DHS to
identify potential grounds of ineligibility for admission before the
CNMI EVS-TAP traveler embarks on a carrier destined for the CNMI.
Requiring a CNMI EVS-TAP electronic travel authorization will
reduce the number of travelers who are determined to be inadmissible to
the CNMI during inspection by a CBP officer at a port of entry, thereby
saving, among other things, the cost of return travel to the carrier,
inspection time, and delays and inconvenience for the traveler.
Requiring a CNMI EVS-TAP electronic travel authorization also will
enable CBP to better allocate existing resources toward screening
passengers at U.S. ports of entry, thereby facilitating legitimate
travel. Requiring a CNMI EVS-TAP electronic travel authorization
increases the amount of information available to DHS regarding CNMI
EVS-TAP travelers before such travelers arrive at U.S. ports of entry;
and, by recommending that travelers submit such information a minimum
of 5 days in advance of departure, provides DHS with additional time to
screen CNMI EVS-TAP travelers destined for the CNMI, thus enhancing
security by allowing CBP to conduct pre-vetting and cross-checking
information against law enforcement databases. Furthermore, it will
allow carriers to know in advance whether the traveler is approved to
board the conveyance using existing messaging capabilities between CBP
and the carriers.
Once CNMI-EVS-TAP is fully implemented and announced in the Federal
Register, the current parole
[[Page 3309]]
policy for PRC nationals seeking to enter the CNMI will be
discontinued. Until that time, the G-CNMI VWP electronic travel
authorization requirement allows DHS to eliminate the requirement that
nationals of the PRC complete a paper CBP Form I-736 prior to being
paroled into the CNMI. However, as discussed in Section IV.A. above,
although this rule is effective on September 30, 2024, CBP is
incorporating in the rule a 60-day transition period to facilitate
travelers adjusting to the new collection method. See new 8 CFR
212.1(q)(9)(i). Prior to September 30, 2024, travelers seeking to be
paroled into the CNMI should continue to use the paper CBP Form I-736
or print out as they are doing today. On September 30, 2024, the 60-day
transition period will begin. During this transition period travelers
can choose whether to submit the Form I-736 in advance electronically
and receive electronic travel authorization prior to embarking on a
carrier or to submit the paper CBP Form I-736 upon arrival.
At the end of the transition period, the paper CBP Form I-736 will
become obsolete and travelers must input and submit in advance their
personal information and respond to the eligibility questions using the
new electronic format. The travelers' information will be pre-screened
or vetted against law enforcement databases. Based on the results of
the pre-screening, the application will be approved or denied. The
system will generate a ``board'' or ``no board'' status message to the
carrier indicating a denied or approved authorization to board before
the flight. The applicant also receives a message with the application
status: approved, denied, canceled, or pending. An approved application
is not a grant of advance parole, it is merely a determination of
eligibility to board the carrier. Beginning November 29, 2024, when the
60-day transition period ends, carriers must deny boarding to travelers
without an approved electronic travel authorization. All information
will be saved in the newly created G-CNMI VWP database.
b. Obtaining Travel Authorization
This IFR establishes data fields by which CNMI EVS-TAP travelers
must electronically submit to CBP, in advance of travel to the CNMI,
including biographic and other information specified by the Secretary.
The information specified by the Secretary is necessary to determine
the eligibility of the individual to travel to the CNMI under the CNMI
EVS-TAP, and whether such travel poses a law enforcement or security
risk. This is the same information currently required on the paper CBP
Form I-736, which applicants for parole from the PRC must present to a
CBP officer at a port of entry, with several additional questions
specific to the CNMI EVS-TAP. This IFR does not impose any new data
collection requirements on air or vessel carriers. For example, this
rule does not require air carriers to transmit any CNMI EVS-TAP
electronic travel authorization data elements on behalf of travelers to
CBP, nor does it require carriers to submit any additional data.
In determining a traveler's eligibility for a CNMI EVS-TAP
electronic travel authorization, CBP will assess each application to
determine whether the individual is eligible to travel to the CNMI and
whether there exists any law enforcement or security risk in permitting
such travel under the CNMI EVS-TAP. The information submitted by the
individual in the travel authorization application will be checked by
CBP against all appropriate databases, including, but not limited to,
lost and stolen passport databases and appropriate watchlists.
Additionally, if a traveler does not provide the information required,
provides false information in the travel authorization application, or
if any evidence exists indicating that an individual is ineligible to
travel to the CNMI under the CNMI EVS-TAP or that permitting such
travel poses a law enforcement or security risk, CBP may deny the
application for a travel authorization. The Secretary, acting through
CBP, retains discretion to revoke a travel authorization determination
at any time and for any reason, as set forth in new 8 CFR
212.1(r)(9)(vi)(D). If a travel authorization application under the
CNMI EVS-TAP is denied, the individual may still seek to obtain a visa
to travel to the CNMI from the appropriate U.S. embassy or consulate.
See INA sec. 221(a)(1)(B) (8 U.S.C. 1201(a)(1)(B)).
c. Timeline for Submitting Travel Authorization Data
Once CNMI EVS-TAP is implemented, pursuant to new 8 CFR
212.1(r)(9), each nonimmigrant visitor wishing to travel to the CNMI
under the CNMI EVS-TAP must have a travel authorization prior to
embarking on a carrier. DHS, however, recommends that CNMI EVS-TAP
travelers obtain travel authorizations prior to the time of reservation
or purchase of the ticket, or at least 5 days before departure to the
CNMI, in order to facilitate timely departures.
d. Required Travel Authorization Data Elements
CNMI EVS-TAP electronic travel authorization will collect the same
information currently required on the paper CBP Form I-736 that is
presented by parolees from the PRC to a CBP officer at a port of entry
with several additional questions specific to the CNMI EVS-TAP. This is
the information that the Secretary has deemed necessary to evaluate
whether an individual is eligible to travel to the CNMI under the CNMI
EVS-TAP and whether such travel poses a law enforcement or security
risk. This information is already collected through the CBP Form I-736,
which is presented to CBP when the applicant for parole arrives in the
CNMI. On the CBP Form I-736, travelers must provide biographical data
such as name, birth date, and passport information, as well as travel
information such as flight information and the address of the traveler
in the CNMI. Travelers must also answer eligibility questions
regarding, for example: communicable diseases, arrests and convictions
for certain crimes, and past history of visa revocation or deportation.
In addition to the Form I-736 data elements, in order for CBP to
initially determine if the applicant is eligible to travel under the
CNMI EVS-TAP before the individual commences travel to the CNMI, the
CNMI EVS-TAP questions also include questions regarding the status of
the traveler's family and finances, occupation, and previous visits to
Guam and/or the CNMI.
e. Scope of CNMI EVS-TAP Electronic Travel Authorization
An approved CNMI EVS-TAP electronic travel authorization only
allows a noncitizen to board a conveyance for travel to a U.S. port of
entry in the CNMI and does not restrict, limit, or otherwise affect the
authority of CBP to determine a traveler's admissibility to the CNMI
during inspection at a port of entry.
f. Duration
Each travel authorization will be valid for a period of no more
than one year. A noncitizen may travel to the CNMI repeatedly within
the validity period of the travel authorization using the same travel
authorization. Pursuant to INA section 212(a)(7)(B)(i)(I) (8 U.S.C.
1182(a)(7)(B)(i)(I)) and implementing regulations at 8 CFR
214.1(a)(3)(i), the passport of an applicant for admission must be
valid for a minimum of six months from the expiration date of the
contemplated period of stay. Travelers
[[Page 3310]]
whose CNMI EVS-TAP electronic travel authorization applications are
approved, but whose passports will expire in less than one year but
greater than six months, will receive travel authorization that is
valid only until six months prior to the expiration date on the
passport. Travelers whose passports will expire in six months or less
will not receive a travel authorization.
The Secretary, in consultation with the Secretary of the Interior
and the Secretary of State, may increase or decrease the CNMI EVS-TAP
travel authorization validity period otherwise authorized. See INA sec.
212(l)(3) (8 U.S.C. 1182(l)(3)). Notice of any change to the CNMI EVS-
TAP travel authorization validity period will be published in the
Federal Register. The CNMI EVS-TAP website will be updated to reflect
the travel authorization validity period.
g. Events Requiring New Travel Authorization
A CNMI EVS-TAP traveler must obtain a new electronic travel
authorization in advance of travel to the CNMI within the validity
period of the traveler's current travel authorization if any of the
following occurs:
(1) The traveler is issued a new passport;
(2) The traveler's name changes;
(3) The traveler's gender changes;
(4) The traveler's country of citizenship changes; or
(5) The circumstances underlying the traveler's previous responses
to any of the CNMI EVS-TAP electronic travel authorization application
questions requiring a ``yes'' or ``no'' response (eligibility
questions) have changed.
h. Fee
At this time, payment of a fee will not be required to obtain a
travel authorization. If DHS determines at a later time, however, that
collection of a fee is necessary for the efficient administration of
the CNMI EVS-TAP electronic travel authorization requirement, DHS will
implement a fee through a separate rulemaking action or such other
manner as is consistent with the Administrative Procedure Act and
applicable statutory authorities.
10. Severability
To the extent that any portion of the requirements arising from
this rule is declared invalid by a court, DHS intends for all other
parts of the rule that are capable of operating in the absence of the
specific portion that has been invalidated to remain in effect.
11. Implementation Date
The requirements of the new 8 CFR 212.1(r) will take effect 45 days
after the publication by the Secretary of notification in the Federal
Register announcing the implementation of CNMI EVS-TAP. This delay in
implementation will allow CBP to first establish automation of the Form
I-736 and the G-CNMI VWP, and then integrate CNMI EVS-TAP. Note that
this IFR has a delayed effective date until September 30, 2024, then
the 60-day transition period begins for the electronic travel
authorization requirement for the G-CNMI VWP. It will not be until
sometime after 60 days after this IFR is effective that DHS will
announce the implementation of CNMI EVS-TAP in the Federal Register.
B. Conforming Amendments and Revision of CBP Form I-760
This rule makes several conforming amendments to the regulations to
account for the CNMI EVS-TAP. This rule makes two changes to 8 CFR
212.1(q) to account for CNMI EVS-TAP and the new 8 CFR 212.1(r). The
first change impacts 8 CFR 212.1(q)(6) regarding bonding requirements.
Part of the second recommendation made in the 902 Consultations
regarding the creation of CNMI EVS-TAP is that the United States will
explore adding bonding requirements as discussed in the CNRA.\52\
Section 702(b) of the CNRA requires that the regulations implementing
the G-CNMI VWP, and thus the CNMI EVS-TAP, include any bonding
requirements for nationals of some or all of those countries who may
present an increased risk of overstaying their period of authorized
stay or other potential problems, if different from such requirements
otherwise provided by law for nonimmigrant visitors.\53\ The general
bonding requirements provided by law for nonimmigrant visitors are
found in section 214(a)(1) of the INA (8 U.S.C. 1184(a)(1)), which
allows the Secretary to prescribe by regulations when the Secretary
deems necessary the giving of a bond and the sum and conditions thereof
for the admission of a nonimmigrant. Accordingly, 8 CFR
214.1(a)(3)(iii) sets forth who may require a bond from a nonimmigrant,
the appropriate form, and the minimum sum. See also 8 CFR 103.6
(regarding the procedures for posting, processing, and cancellation of
surety bonds in immigration cases).
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\52\ Report to the President on 902 Consultations Related to the
DHS Discretionary Parole Program (May 15, 2019), p. 10, available at
https://www.doi.gov/sites/doi.gov/files/uploads/final_902_report.pdf.
\53\ See section 702(b)(3) of the CNRA, 122 Stat. at 861 (INA
sec. 212(l)(3)(B), as amended (8 U.S.C. 1182 (l)(3)(B))) (emphasis
added).
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DHS has not imposed any bonding requirements different from such
requirements otherwise provided by law for nonimmigrant visitors for
travelers seeking admission into Guam or the CNMI under the G-CNMI VWP.
For clarity, DHS is removing the applicable text regarding bonding
requirements from 8 CFR 212.1(q)(6). To date, DHS has not utilized 8
CFR 212.1(q)(6) to require a bond on behalf of any traveler seeking
admission under the G-CNMI VWP. Similar to the discussion above in
Section V.A.6. regarding bonding requirements under the CNMI EVS-TAP,
at this time DHS is not imposing any bonding requirements different
from such requirements otherwise provided by law for nonimmigrant
visitors for travelers seeking admission into Guam or the CNMI under
the G-CNMI VWP. The general bonding requirements for nonimmigrants
continue to apply, although they are rarely used. If DHS determines
that additional bonding requirements are necessary, DHS will amend the
regulations accordingly and has reserved the applicable text of 8 CFR
212.1(q)(6) to do so.
The second change to 8 CFR 212.1(q) made by this rule to account
for CNMI EVS-TAP and the new 8 CFR 212.1(r) addresses severability.
This rule adds new 8 CFR 212.1(q)(10), which provides that to the
extent that any portion of the requirements arising from this rule is
declared invalid by a court, DHS intends for all other parts of the
rule that are capable of operating in the absence of the specific
portion that has been invalidated to remain in effect.
This rule also amends 8 CFR 214.1, regarding ineligibility for
extensions of stay, to add a limitation regarding extensions of stay
for CNMI EVS-TAP travelers. Currently, 8 CFR 214.1(c)(3)(viii) provides
that nonimmigrants who are admitted into the United States as visitors
for business or pleasure pursuant to the G-CNMI VWP are ineligible for
an extension of stay. This amendment provides that nonimmigrants
admitted pursuant to the CNMI EVS-TAP are also ineligible for an
extension of stay.
This rule also amends 8 CFR 233.6 to require transportation lines
bringing travelers to the CNMI under the CNMI EVS-TAP to enter into an
agreement on CBP Form I-760. Currently, transportation lines
transporting nonimmigrant visitors under the G-CNMI VWP into Guam or
the CNMI from foreign territories must enter into a contract with CBP
by executing CBP Form I-760 ``Guam-CNMI Visa Waiver
[[Page 3311]]
Agreement'' (I-760). Additionally, CBP Form I-760 will be revised to
reflect the automation of the G-CNMI VWP and the establishment of the
CNMI EVS-TAP.
VI. Statutory and Regulatory Reviews
A. Administrative Procedure Act
Section 702(b) of CNRA directs that all regulations necessary to
implement the G-CNMI VWP shall be considered a foreign affairs function
for purposes of section 553(a) of the Administrative Procedure Act
(APA). Even without this directive from the CNRA, for the reasons
discussed below this rule involves a foreign affairs function of the
United States. DHS, after consultation with the Departments of State
and Interior, is adopting this rule to advance the President's foreign
policy goals and this rule directly involves relationships between the
United States and its noncitizen visitors. Requiring noncitizen
visitors to submit their information electronically in advance of
travel and receive an electronic travel authorization prior to
embarking on a carrier for travel to Guam or the CNMI is an integral
part of the administration of the G-CNMI VWP and its sub-program CNMI
EVS-TAP, programs that involve an inherently foreign affairs function
of the United States. Specifically, the G-CNMI VWP enables eligible
citizens or nationals of designated countries and geographic areas to
travel to Guam or the CNMI for tourism or business for stays of 45 days
or less without first obtaining a visa, provided they meet certain
requirements. Similarly, the CNMI EVS-TAP enables eligible nationals of
the PRC to travel to the CNMI for tourism or business for stays of 14
days or less without first obtaining a visa, provided they meet certain
requirements. Among other things, travelers under the G-CNMI VWP or the
CNMI EVS-TAP must have valid electronic travel authorizations. As part
of the screening process, CBP reviews available information regarding
G-CNMI VWP and CNMI EVS-TAP applicants to determine whether they
present a concern to U.S. national security or law enforcement (to
include immigration enforcement) interests. Thus, any rulemaking
actions undertaken to implement G-CNMI VWP and CNMI EVS-TAP are exempt
from APA notice and comment requirements. Accordingly, this IFR is
exempt from the notice and comment and 30-day effective date
requirements of the APA. Although DHS is not required to provide prior
public notice or an opportunity to comment, DHS is nevertheless
providing the opportunity for public comments.
B. Executive Orders 12866 and 13563
Executive Order 12866, as amended by Executive Order 14094, and
Executive Order 13563 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. DHS has reviewed
the IFR to ensure its consistency with the regulatory philosophy and
principles set forth in those Executive Orders and has prepared the
following economic analysis of the potential impacts of this IFR.
This IFR creates an electronic travel authorization requirement for
the current G-CNMI VWP similar to the current travel authorization
requirement via the Electronic System for Travel Authorization (ESTA)
for the general Visa Waiver Program established by section 217 of the
INA (8 U.S.C. 1187) (general VWP).\54\ This IFR also creates the CNMI
EVS-TAP, a restricted sub-program of the G-CNMI VWP. The IFR will be
implemented in two phases, with the second phase occurring once the
first phase has been successfully implemented. The first phase involves
visitors from G-CNMI VWP countries and geographic areas. Travelers to
Guam and the CNMI will be required to fill out an electronic Form I-
736, rather than the paper CBP Form I-736, in advance of travel using
the G-CNMI VWP electronic travel authorization website. The IFR
requires G-CNMI VWP travelers to receive a positive determination of
travel authorization from CBP to board a plane to Guam or the CNMI. The
first phase also involves visitors from the PRC seeking parole. PRC
travelers to the CNMI seeking parole will also be required to fill out
an electronic Form I-736, rather than the paper CBP Form I-736, in
advance of travel using the G-CNMI VWP electronic travel authorization
website and receive a positive determination of travel authorization
from CBP to board a plane to the CNMI. The second phase involves
travelers from the PRC traveling to the CNMI only (not including Guam).
Once CNMI EVS-TAP is implemented, the current parole policy will be
discontinued, and PRC travelers could be eligible to travel to the CNMI
for a maximum stay of 14 days without obtaining a visa prior to travel.
Similar to the first phase of this IFR, under CNMI EVS-TAP, PRC
travelers will be required to submit an electronic Form I-736, along
with responses to an additional set of vetting questions, in order to
receive travel authorization from CBP.
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\54\ The travel authorization via ESTA requirement for the
general VWP is provided in 8 CFR 217.5. There are several
substantive differences between the travel authorization
requirements for the general VWP and the G-CNMI VWP: (1) travel
authorization via ESTA for the general VWP allows for travel to the
entire United States, whereas travel authorization via electronic
Form I-736 for the G-CNMI VWP allows for travel only to Guam or the
CNMI; (2) travel authorization via ESTA is a requirement for general
VWP travelers intending to arrive at land ports of entry in the
United States, which is not applicable to the G-CNMI VWP, as Guam
and the CNMI are not contiguous with any other country or geographic
area; (3) section 217(h)(3)(C)(iv) of the INA (8 U.S.C.
1187(h)(3)(C)(iv)) explicitly excludes travel authorization
determinations via ESTA from judicial review, but there is no such
explicit provision for G-CNMI VWP travel authorization
determinations; and (4) there are fees for applying for travel
authorization via ESTA (see 8 CFR 217.5(h)), while there are not
currently fees for applying for travel authorization for G-CNMI VWP
travelers.
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After careful review and a detailed analysis of the actions
contained within this rulemaking, CBP has concluded that this IFR will
result in benefits justifying the costs. For the 5-year period
analyzed, the present value (PV) cost of the rulemaking is estimated at
$7,018,942 (PV, discounted at 7-percent), which includes associated
information technology (IT) costs with the automation of Form I-736, as
well as developing the public facing CNMI EVS-TAP website. The present
value benefits are $11,956,620 (PV, 7-percent), which results from
improved processing times at Federal Inspection Services (FIS), a
reduction in costs to both CBP and carriers associated with individuals
found to be inadmissible at Guam-CNMI POEs, and savings to CBP from
eliminating manual data entry and storage of the current paper CBP Form
I-736. The net present value (NPV, 7-percent) is calculated at
$4,937,678.
Background
Current Process
Under the current process, travelers from G-CNMI VWP participating
countries and geographic areas can travel for business or pleasure
purposes to Guam or the CNMI without obtaining a visa for a period not
to exceed 45 days. Upon arrival, travelers provide CBP officers their
paper CBP Form I-736. Travelers can access CBP Form I-736 by visiting
CBP's website. The traveler can choose to fill out the form
[[Page 3312]]
electronically, print it, and provide it to the CBP officer, or the
traveler can print and fill out by hand as well. Carriers also provide
a paper version of CBP Form I-736 to passengers who need it prior to
arrival in Guam or the CNMI. Form I-736 has a set of vetting questions
that the CBP officer reviews at the FIS and uses the information to
determine admissibility to Guam or the CNMI. Travelers arriving in the
CNMI from the PRC must present themselves to a CBP officer with the CBP
Form I-736 filled out and then generally are paroled into the CNMI for
a period not to exceed 14 days. PRC nationals are required to obtain a
visa to enter Guam.
Process: Phase I and Phase II
Under this IFR, CBP is replacing the current process with a new
process that adapts currently available technology. Under this IFR, the
traveler information contained in Form I-736 will be submitted by
travelers in advance, prior to boarding a carrier, to CBP and DHS.
Travelers from G-CNMI VWP countries and geographic areas must receive
from CBP a determination of travel eligibility prior to embarking on a
carrier for travel to either Guam or the CNMI. Similarly, PRC nationals
must also receive a determination of travel eligibility prior to
boarding a carrier destined to the CNMI. PRC nationals will still be
required to obtain a visa to enter Guam. CBP is implementing this rule
in two phases.
In particular, this IFR involves the collection of information
provided on Form I-736 from travelers arriving in either Guam or the
CNMI from current G-CNMI VWP participating countries and geographic
areas. This rule changes the mechanism by which traveler information is
processed.\55\ Under this IFR, travelers will instead respond and
submit their personal and travel information responses to CBP and DHS
in advance via an electronic version of Form I-736 that will be
available on the DHS-CBP website. Under CNMI EVS-TAP in Phase II, the
Form I-736 for PRC nationals will have an additional set of pre-vetting
questions than those traveling under the G-CNMI VWP to make a
determination of travel eligibility. These changes allow DHS and CBP to
perform more effective vetting of travelers entering Guam and the CNMI.
---------------------------------------------------------------------------
\55\ Note that this rule does not change the length of admission
and remains the same at 45 days for travelers from G-CNMI VWP
participating countries.
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Under this IFR, travelers from all countries and geographic areas
that are part of the G-CNMI VWP must begin using the new automated
electronic Form I-736, and use of the current paper CBP Form I-736 will
be discontinued. This regulatory impact analysis studies the economic
impact of automating Form I-736, and the creation of the CNMI EVS-TAP.
The implementation of CNMI EVS-TAP will occur once the automation of
the electronic Form I-736 is complete.
Phase I
The first phase of this rule affects travelers from G-CNMI VWP
participating countries and geographic areas traveling to Guam or the
CNMI, and PRC nationals seeking parole traveling to the CNMI, for
business or pleasure purposes. These travelers will be required to
access the electronic version of Form I-736, provide the required
information, and receive an electronic travel authorization prior to
boarding a carrier to Guam or the CNMI. DHS and CBP recommend that
travelers obtain travel authorizations prior to the time of reservation
or purchase of the ticket, or at least five days before departure to
Guam or the CNMI, in order to facilitate timely departures. The
recommended five days will provide DHS and CBP time to conduct the
necessary pre-vetting investigation process prior to the traveler's
departure. The traveler's information is reviewed against various U.S.
and international law enforcement agency databases to ensure travel
eligibility to the United States. Once the vetting is complete, CBP
will provide the traveler with a determination of travel eligibility.
This process is similar to the ESTA process for travel under the
general VWP.
Soon after travelers input their information into the electronic
Form I-736, travelers, in most cases, will receive a positive
determination of travel eligibility, that is, an electronic travel
authorization. An electronic travel authorization is required to travel
to Guam or the CNMI under the G-CNMI VWP, but is not a determination
that the traveler ultimately is admissible to Guam or the CNMI. A
determination of admissibility to Guam or the CNMI will still be made
by a CBP officer at the face-to-face interview at an FIS facility area.
Under the rule, CBP will have access to the traveler's electronic Form
I-736 in advance and prior to arrival at Guam or the CNMI. Having the
traveler's personal and travel information in advance will help CBP
identify potential grounds of ineligibility for admission before the G-
CNMI VWP traveler embarks on a carrier destined for Guam or the CNMI.
The process will also help travelers in shortening their time at
inspection, as well as decreasing the number of travelers turned away
at the port of entry because of inadmissibility. Another anticipated
outcome of this IFR is that carriers are expected to experience a
decrease in costs from transporting individuals who are deemed to be
inadmissible to the United States. These expected outcomes are
discussed in further detail below, under ``Benefits of the Rule.''
Phase II
The second phase of this rulemaking will be implemented once the
automation of Form I-736 has been successfully completed. The timeframe
allows for the implementation, testing, and operations of Phase I to be
completed successfully before implementing Phase II.
Phase II involves the development of a sub-program to the G-CNMI
VWP, known as CNMI EVS-TAP. CNMI EVS-TAP will allow PRC nationals to
enter the CNMI (but not Guam) for a maximum of 14 days without
requiring either a visa to the United States or receiving a grant of
discretionary parole. Under this IFR, and similar to the requirements
for G-CNMI VWP travelers and PRC nationals seeking parole traveling to
the CNMI in Phase I, PRC nationals seeking to travel to the CNMI under
the CNMI EVS-TAP will have to access the electronic Form I-736, though
now with additional questions specific to the CNMI-EVS-TAP, provide the
required traveler information, and receive an electronic travel
authorization prior to boarding a carrier to the CNMI. The required
determination of travel eligibility will be provided by the CNMI EVS-
TAP system once the traveler provides the requested personal and travel
information and the traveler is vetted as described above in Phase I.
The CNMI EVS-TAP system builds on the G-CNMI VWP system and is thus
similar to the current ESTA, a program used in the general VWP, as
described above, and is also similar to the Electronic Visa Update
System (EVUS), a program used by certain PRC nationals to update
biographic and other information to maintain visa validity prior to
travel to the United States.\56\ CNMI EVS-TAP will provide a channel
through which personal and travel information is collected by CBP for
security vetting purposes during the prescreening investigation
process. Depending on the outcome of the investigation, a travel
[[Page 3313]]
authorization will be provided to the individual, who must receive it
in advance of travel to the CNMI.
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\56\ See 8 CFR part 215, subpart B. Pursuant to 8 CFR 215.22,
DHS identified the PRC as an EVUS country in a Federal Register
notice published on October 20, 2016. 81 FR 72600.
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Under the current process, when an eligible PRC passport holder
arrives at the CNMI without a visa, the traveler typically receives
discretionary parole from the Port Director to enter the CNMI. Under
Phase I of this rulemaking, PRC nationals that intend to seek parole
will have to fill out the electronic Form I-736 prior to boarding a
carrier, and CBP will make a determination of travel eligibility. Under
Phase II of this rulemaking, once CNMI EVS-TAP is implemented, the
electronic Form I-736 for PRC nationals seeking to travel under the
CNMI EVS-TAP will have an additional set of pre-vetting questions than
those traveling under the G-CNMI VWP to make a determination of travel
eligibility. As such, Phase II of this rulemaking involves
transitioning PRC nationals from the current discretionary parole
policy, and instead processing them for admission under the CNMI EVS-
TAP similar to those under the G-CNMI VWP, but with a shorter admission
period.
Economic Impact of the Rule
CBP anticipates that this rule will have positive net benefits,
meaning that economic benefits justify the economic costs. As more
fully discussed below, the net economic benefit is expected to be
$6,866,537, undiscounted over a five-year period of analysis.
CBP has identified the following economic costs of this rule: (1)
development of the required software to automate electronic Form I-736
to process passenger information and provide the determination of
travel eligibility and required electronic travel authorizations; (2)
development of the required electronic travel authorization system
specific to CNMI EVS-TAP to process and update PRC-related traveler
information; (3) maintenance costs associated with continuous use of
the software, including occasional software updates for both G-CNMI VWP
participating travelers and PRC nationals (initially those seeking
parole, and then CNMI-EVS TAP participants); (4) increased time burden
of two minutes for G-CNMI VWP participants to access the CBP-DHS
website; and (5) increased time burden of two minutes for CNMI EVS-TAP
users to access the CBP-DHS website, and an additional five minutes to
answer an additional set of vetting questions, for a total additional
time burden of seven minutes, per response. CBP already has a similar
digital database program in place, but will need to make modifications
for the implementation of program associated with this rule.
CBP has identified the following benefits from the rule: (1)
decrease in administrative costs to CBP from manually entering the
information contained in the paper CBP Form I-736 into a database, and
subsequently storing the paper files in a storage facility; (2)
decrease in the number of individuals found to be inadmissible to the
United States at the POE which leads to a decrease in airline costs for
transporting individuals who are found to be inadmissible to the United
States; and (3) an increase in national security from a more effective
vetting process of individuals seeking to harm the United States.
Baseline
The baseline used in this analysis is the current regulatory status
quo, which includes the current regulations for travelers arriving to
Guam and the CNMI under the current G-CNMI VWP. Against this baseline,
we consider the regulatory changes provided by this rulemaking: the
automation of Form I-736 for individuals traveling from participating
G-CNMI VWP countries and geographic areas and the development of CNMI
EVS-TAP for PRC nationals entering the CNMI. We use a five-year period
of analysis, from 2022-2026.
Population Affected by Rule
CBP has historical information on yearly arrivals to both Guam and
the CNMI from the participating countries and geographic areas. CBP
uses this information to forecast future travel patterns from
participating countries and geographic areas to anticipate the
potential economic impact of the rule. CBP has information from fiscal
years 2015 through 2020. However, in this analysis, CBP uses fiscal
years 2015 through 2019 to provide arrival forecasts for future years.
CBP does not use fiscal year 2020 because of the travel uncertainty
associated with the COVID-19 global pandemic in 2020. Due to the
uncertainty, this analysis provides the economic impact of the rule as
if travel, the economy, and international borders were restored to
patterns similar to those before the COVID-19 pandemic.
Table 1 shows the number of arrivals to both Guam and the CNMI for
fiscal years 2015 to 2019 from the 12 participating G-CNMI VWP
countries and geographic areas. On average, there are 1.4 million
visitors per year to Guam and the CNMI. From FY 2015 to FY 2016, the
majority of arrivals are passport holders from Japan, consisting of
more than 50-percent for FY 2015 and 50-percent for FY 2016. Between FY
2017 to FY 2020, the majority of arrivals to the islands are passport
holders from South Korea. Arrivals to Guam and the CNMI from all other
G-CNMI VWP participating countries and geographic areas was less than
five-percent for any given year. Travelers from the PRC are not
eligible for the G-CNMI VWP, but may be paroled into the CNMI. Table 2
shows the historical data on arrivals to the CNMI only from PRC
nationals seeking to be paroled between FY 2015 to FY 2019. Arrivals
from the PRC steadily increased from FY 2015 to FY 2019.
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\57\ Source: BorderStat, ATS-P, accessed Jun. 29, 2022. Inbound
arrivals to Guam and the CNMI all modes.
Table 1--G-CNMI VWP Arrivals to Guam and CNMI \57\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Country or geographic area FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Australia............................................... 698 539 440 378 369 2,424
Brunei.................................................. 2 0 1 6 1 10
Hong Kong............................................... 352 970 2,344 2,699 2,479 8,844
Japan................................................... 707,421 621,534 471,393 386,033 456,321 2,642,702
Malaysia................................................ 208 235 567 426 495 1,931
Nauru................................................... 12 9 7 28 22 78
New Zealand............................................. 137 159 139 133 110 678
Papua New Guinea........................................ 205 275 73 60 55 668
South Korea............................................. 489,519 581,744 715,564 762,479 697,602 3,243,908
Singapore............................................... 151 173 142 153 127 746
[[Page 3314]]
Taiwan.................................................. 35,144 33,820 29,590 20,182 20,433 139,169
United Kingdom.......................................... 689 674 945 565 534 3,407
-----------------------------------------------------------------------------------------------
Total............................................... 1,234,538 1,240,132 1,218,205 1,173,142 1,178,548 6,044,565
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2--PRC Arrivals at the CNMI Seeking Parole
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arrivals to the CNMI FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
PRC arrivals at the CNMI.......................... 108,952 136,911 184,378 213,827 164,564 808,632
--------------------------------------------------------------------------------------------------------------------------------------------------------
Future Arrivals to Guam and CNMI
Table 3 presents future forecasts of travel to Guam and the CNMI,
and is used to compare the effect of the regulation. Using the data
presented in Table 1, the number of arrivals to Guam and the CNMI grew
at a compound annual growth rate of -1.15 percent between fiscal years
2015 and 2019. CBP uses this rate to forecast future travel to the
islands.\58\
---------------------------------------------------------------------------
\58\ CBP does not expect a significant change in travel to Guam
or the CNMI as a result of this IFR.
\59\ DHS is aware that the outbreak of COVID-19 will likely
reduce the number of trips/arrivals in the short run. Consequently,
using historical growth rates from FY 2015 to FY 2019 to estimate FY
2022 to FY 2026 trips/arrivals will not reflect any impacts from the
COVID-19 pandemic. It is not clear what level of reductions the
pandemic will have on travel to Guam and the CNMI, or how DHS would
estimate such an impact with any precision given available data.
Therefore, the projections in Table 3 could be overestimates,
especially for the year 2022.
Table 3--G-CNMI VWP Expected Arrivals to Guam and CNMI \59\
----------------------------------------------------------------------------------------------------------------
Country or geographic area FY 2022 FY 2023 FY 2024 FY 2025 FY 2026
----------------------------------------------------------------------------------------------------------------
Australia....................... 365 361 357 353 349
Brunei.......................... 1 1 1 1 1
Hong Kong....................... 2,451 2,423 2,395 2,367 2,340
Japan........................... 451,074 445,886 440,759 435,690 430,680
Malaysia........................ 490 484 479 473 468
Nauru........................... 22 22 22 22 21
New Zealand..................... 109 108 107 106 104
Papua New Guinea................ 55 54 54 53 52
South Korea..................... 689,580 681,650 673,811 666,062 658,402
Singapore....................... 126 125 123 122 120
Taiwan.......................... 20,199 19,966 19,737 19,510 19,285
United Kingdom.................. 528 522 516 510 504
-------------------------------------------------------------------------------
Total....................... 1,165,000 1,151,602 1,138,361 1,125,269 1,112,326
----------------------------------------------------------------------------------------------------------------
Economic Costs of Rule 60
---------------------------------------------------------------------------
\60\ See OMB Circular A-4. Please note this analysis is
performed from a global perspective, and includes foreign
individuals who travel to the United States. Notice that most of the
costs of the rule (except for CBP costs) will be incurred by foreign
travelers that are not U.S. citizens or permanent residents.
---------------------------------------------------------------------------
CBP has identified five relatively major potential sources of costs
from the rule: \61\ (1) automation of electronic Form I-736; (2)
development of CNMI EVS-TAP software; (3) a one-time fixed cost and
continued maintenance of the automated Form I-736 and CNMI EVS-TAP; (4)
increased time burden of two minutes for G-CNMI VWP participants to
access the CBP-DHS website; and (5) increased time burden of two
minutes for CNMI EVS-TAP users to access the CBP-DHS website, and an
additional five minutes to answer an additional set of vetting
questions, for a total additional time burden of seven minutes, per
response. In addition, CBP has determined that the expanded
transmission of traveler information between the carrier and CBP will
have no additional cost. The transmitted information will contain the
traveler's background and travel information, and is similar to that in
the current ESTA and EVUS programs. This is not expected to increase
costs because carriers already have the capabilities to transmit this
information and receive information from CBP regarding a passenger's
boarding status. The automated Form I-736 information and electronic
travel authorization status will be another component in determining a
passenger's boarding status that will be implemented in the existing
messaging capabilities between CBP and the carriers.
---------------------------------------------------------------------------
\61\ CBP has also considered the following costs: It may be the
case that travel agents incur costs to assist their clients in
complying with this IFR; however, CBP anticipates that this
additional cost to travel agents would be passed on to their clients
and it would not be greater than the cost that would be incurred if
the client filed the data themselves. In the case that a travel
authorization is denied, travelers have the ability to obtain a
visa, which would have additional costs. However, CBP does not
expect many individuals who are denied a travel authorization to be
able to successfully obtain a visa, so we do not include those costs
in this analysis. Further, those denied travel authorizations would
be likely to be denied admission by the CBP officer under the
baseline, in which case they would have the option to seek the visa
under the baseline as well. CBP therefore does not believe there are
meaningful visa costs resulting from this rule.
---------------------------------------------------------------------------
CBP Information Technology Costs
CBP currently has a program that provides travelers with a
determination of travel eligibility to the United States: ESTA, which
is used to authorize travel in accordance with the general VWP. A
similar electronic travel authorization system will need to be
developed for the G-CNMI VWP. As previously
[[Page 3315]]
mentioned, current practice requires travelers, without an approved
ESTA, from a G-CNMI VWP participating country or geographic area or
from the PRC seeking parole into the CNMI, to present a completed and
signed paper CBP Form I-736. Travelers may fill out the digital format
of CBP Form I-736, print and sign the document; print the CBP Form I-
736, fill it out and sign it; or fill out and sign a provided paper CBP
Form I-736. Automation of the electronic Form I-736 will require a
transformation in the information technology currently used for this
form. Under this IFR, a traveler will input the Form I-736 information
and submit it to CBP electronically.\62\ CBP will then use this
information to provide a determination of travel eligibility.
Similarly, once CNMI EVS-TAP is implemented, PRC nationals--along with
additional specifications and requirements--will electronically provide
the Form I-736 information along with answers to additional vetting
questions, to receive a determination of travel eligibility. Although a
similar program such as ESTA already exists within CBP, the automation
of the Form I-736 is expected to be a cost to CBP and the U.S. Federal
Government.
---------------------------------------------------------------------------
\62\ Please note that this process would also allow travelers to
print their Form I-736 for their own records.
---------------------------------------------------------------------------
Although CBP already has a website and software programs that will
be nearly identical to what is currently being implemented in this
rulemaking, the development of software and program website to
implement the automation of Form I-736 (Phase I) and the development of
CNMI EVS-TAP (Phase II) are included and quantified in this analysis.
Since the software and website will be similar to that currently used
in EVUS and ESTA, the cost to CBP for developing these components is
expected to be less than the original costs to develop the EVUS and
ESTA programs. Because a portion of the CNMI EVS-TAP includes
automation of Form I-736, the development of both the Form I-736
automation for Phase I and the additional questions and separate tab
for CNMI EVS-TAP for Phase II will are interrelated and the cost is not
broken down between the two phases. The website components include: (1)
creation of a public facing website(s) for travelers to submit the
required information, including biographical data and eligibility
questions; (2) creation of at least one internal website for CBP
officers to be able to view and modify an application; (3) creation of
a database to store the application(s) with the ability for other
applications to view or modify (approve or deny) those applications;
(4) a process for accepting the application, verifying email address,
auditing, adjudicating, screening and emailing the application and
emailing the applicant with notification of a decision, along with the
ability for the applicant to return and view the status of the
application; and (5) developing and enhancing interconnectivity between
CBP information systems to query and/or validate applicant information.
CBP currently has two programs (ESTA and EVUS) that have identical
components to the ones just described, including external and internal
website, a database to store applications, a process for accepting,
screening, and emailing notifications. In 2008, DHS and CBP published
an IFR, which included the implementation of the Electronic System for
Travel Authorization, also known as ESTA.\63\ ESTA provides an advance
determination of travel authorization to citizens of 40 countries in
the general VWP. Many of the functional components of the G-CNMI VWP,
Automation of Form I-736, will be identical to the current ESTA
program. CBP does not anticipate needing to develop a program in terms
of new information technology for the G-CNMI VWP, and instead is
duplicating components of the ESTA program and tailoring it to the G-
CNMI VWP. The IT costs of developing the program for the G-CNMI VWP are
presented in Table 4, and include both program development and annual
operations and maintenance costs.
---------------------------------------------------------------------------
\63\ See Changes to the Visa Waiver Program To Implement the
Electronic System for Travel Authorization (ESTA) Program, 73 FR
32440 (June 9, 2008); see also 8 CFR 217.5.
---------------------------------------------------------------------------
Under this IFR, the G-CNMI VWP electronic travel authorization
requirement will improve the current processing of travelers at both
Primary and Secondary inspections, as well as improve the determination
of a traveler's admissibility to Guam or the CNMI along with the
verification of information. The verification occurs with the already
existing Advance Passenger Information System (APIS), Traveler Primary
Arrival Client (TPAC), and Lookout Record Data and Screening Services
(LRDS). Because this verification of traveler information is done
automatically by computers, and CBP and carriers will continue to use
existing messaging capabilities, expansion of the use of this existing
infrastructure for vetting and communicating ``board'' or ``no board''
messages to carriers will not result in an increase in costs to CBP or
carriers.
Under this IFR, CBP and DHS are establishing a sub-program to the
G-CNMI VWP, known as CNMI EVS-TAP. The purpose of the sub-program will
allow PRC nationals to be admitted to the CNMI without a visa for
nonimmigrant travel. Under the current parole process, PRC nationals
have been allowed to travel to the CNMI for a period not to exceed 14
days. Under CNMI EVS-TAP, PRC nationals will continue to be allowed
travel to the CNMI for business or pleasure purposes for a period of 14
days.\64\ Assuming all requirements are met, PRC nationals will receive
a determination of travel eligibility. Although the IT is similar to a
current program that already exists--EVUS--the development of CNMI EVS-
TAP is expected to be a cost to CBP and the U.S. Federal Government.
---------------------------------------------------------------------------
\64\ Note: please refer to the regulatory text for
specifications and additional requirements.
---------------------------------------------------------------------------
Since CNMI EVS-TAP will include the automation of Form I-736, all
of the components to automate Form I-736 are already included within
the broader G-CNMI VWP. PRC nationals traveling to the CNMI under CNMI
EVS-TAP, however, will have to answer and submit an additional set of
screening questions to CBP than those traveling from participating G-
CNMI VWP countries and geographic areas. CNMI EVS-TAP will be specific
for PRC nationals traveling to the CNMI only, and will replace the
current parole process. Under this IFR, PRC nationals will be able
receive a determination of travel eligibility to the CNMI without the
need to obtain a visa. Note that PRC nationals will still have the
option of applying and obtaining a visa to visit the United States. PRC
nationals with an approved visa must enroll in EVUS and provide or
update personal and travel information in order to receive a
determination of travel eligibility. In a sense, CNMI EVS-TAP will be a
smaller scaled version of EVUS, and CNMI EVS-TAP will have similar
functional components in terms of information technology requirements
as EVUS. CBP anticipates maintenance costs associated with the
automated Form I-736, as well as the CNMI EVS-TAP program for PRC
nationals.
Table 4 summarizes the IT costs associated with the development and
implementation of Phase I and Phase II of this rulemaking regarding G-
CNMI VWP Automation and CNMI EVS-TAP (the Guam-CNMI program). Program
costs are divided into two categories, with the first being development
of the software and the DHS-CBP website for
[[Page 3316]]
both phases incurred in the first year, and the second as operation and
maintenance costs for the subsequent four years. The program's total
development is estimated at $3,169,486 incurred in the first year, with
operations and maintenance starting at $646,575 undiscounted in the
second year and rising to $686,151 undiscounted in the program's fifth
year. The program's total implementation cost is estimated at
$5,834,416 undiscounted over the next five-year period.
Table 4--Guam-CNMI Program Implementation Costs
[Phase I and II]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cost category FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Development............................................. $3,169,486 .............. .............. .............. .............. $3,169,486
Operations and Maintenance.............................. .............. 646,575 659,507 672,697 686,151 2,664,930
-----------------------------------------------------------------------------------------------
Total............................................... 3,169,486 646,575 696,507 672,697 686,151 5,834,416
--------------------------------------------------------------------------------------------------------------------------------------------------------
In addition, CBP has identified that the changes in this rule will
result in a net increase in traveler time. The increased traveler time
will result in a cost increase. The following sections explain the
process for Phase I for each group of travelers and Phase II in further
detail.
Increased Traveler Times Associated With the Automation of Form I-736
for G-CNMI VWP Travelers
In order to provide an estimate of the net change in traveler times
as a result of this rule (measured as the difference in minutes between
the current process and the new process), it is important to understand
the current inspection and admission process in Guam and the CNMI. In
general, the traveler disembarks from the aircraft, enters the FIS and
joins the queue. If it is the case that the traveler has neither a
current ESTA, nor a valid EVUS authorization, then the traveler
approaches the CBP officer and presents a valid passport and a
completed and signed CBP Form I-736. If the traveler has all documents
in order, then the officer compares the passport to the person and
reviews CBP Form I-736. The officer then scans the passport in the TPAC
and reviews any lookouts that may appear in the system. The officer
questions the traveler as to the purpose and length of stay and other
relevant questions. The officer either admits the traveler, refers the
traveler for secondary inspection, or grants parole in the case for PRC
nationals to the CNMI. Under this IFR, with the automation of Form I-
736 for G-CNMI VWP countries and geographic areas in Phase I and with
the implementation of CNMI EVS-TAP for PRC nationals in Phase II, both
programs will result in a net increased traveler times.
Table 5 describes the three varying scenarios that can occur under
the current process when a traveler from a participating G-CNMI VWP
country arrives at an FIS at either Guam or the CNMI. The left-hand
column, labeled (a), describes the scenario with the least amount of
traveler time and represents a traveler with an approved ESTA. The
traveler time in this first scenario is estimated to take approximately
two minutes per traveler. The middle column, labeled (b), describes the
scenario when the traveler does not have an approved ESTA, but has in
hand the required current paper CBP Form I-736 completed and signed.
The traveler time in this second column is approximately the same as
that in the first column, however, there is a greater chance that the
traveler may be found to be inadmissible. This rule will attempt to
lower the likelihood of a traveler being found inadmissible for three
reasons: (1) the traveler's information will be collected beforehand by
CBP and DHS; (2) the collected information will have gone through a
vetting process before the traveler boards the carrier; and (3) the CBP
officer will have the traveler's information in digital format for a
few seconds beforehand to make an assessment on admissibility with
greater confidence. The right-hand column, labeled (c), is the most
time consuming scenario and describes the case in which a traveler
arrives at FIS without an approved ESTA, and without CBP Form I-736. It
is the number of occurrences in column (c) that this rule will attempt
to eliminate, as the traveler time under this third scenario can take
up to an estimated seven minutes per traveler. Under this IFR, the
automation of Form I-736 will result in most travelers following a
scenario similar to that described in the column (a). Note that none of
these scenarios includes the time it takes to complete the Form I-736
as that time burden is borne by the traveler in all scenarios in both
the baseline and under the rule. The next two subsections describe both
the current and proposed processes in more detail.
Table 5--Current Process for General VWP and G-CNMI VWP Participants
Traveling to Guam or the CNMI
[Traveler time is in parentheses]
------------------------------------------------------------------------
Traveler from G-CNMI
VWP participating Traveler from G-CNMI
Traveler from general VWP country without an VWP participating
participating country with approved ESTA, with country without an
current (approved) ESTA CBP Form I-736 approved ESTA,
enrollment (a) completed and signed without CBP Form I-
(b) 736 (c)
------------------------------------------------------------------------
Traveler arrives at the FIS Traveler arrives at Traveler arrives at
area and presents travel the FIS area and the FIS area and
documents to the CBP presents travel presents travel
officer. documents to the documents to the
CBP officer. CBP officer.
CBP officer inspects travel If traveler is in The traveler is
documents to include possession and returned to the
passport and reviews for compliance with all airline agent
compliance. Traveler's required travel stationed in the
information is stored in documents, then, primary queue area
databases (approx. 1 min). the CBP officer who is actively
compares the checking the
passport to the passengers' forms
person and reviews before the
CBP Form I-736 passengers get to
(approx. 1 min). primary (approx. 5
min).
[[Page 3317]]
CBP officer interviews the CBP officer Once traveler's
traveler as to the purpose interviews the documents are
and length of intended stay traveler as to the completed and in
and other relevant purpose and length compliance, then,
questions (approx. 1 min). of intended stay the CBP officer
and other relevant compares the
questions (approx. passport to the
1 min). person and reviews
CBP Form I-736
(approx. 1 min).
CBP officer either refers CBP officer either CBP officer
the person to secondary, or refers the person interviews the
grants admission to Guam or to secondary, or traveler as to the
the CNMI. grants admission to purpose and length
Guam or the CNMI. of intended stay
and other relevant
questions (approx.
1 min).
If traveler is admissible, If traveler is CBP officer
then, the traveler proceeds admissible, then, determines
to local CNMI Customs the traveler traveler's
Service for processing. proceeds to local admissibility into
CNMI Customs Guam or the CNMI.
Service for
processing.
If traveler is
admissible, then,
the traveler
proceeds to local
CNMI Customs
Service for
processing.
------------------------------------------------------------------------
Total time: 2 min........... Total time: 2 min... Total time: 7 min.
------------------------------------------------------------------------
Baseline Process for G-CNMI VWP Travelers Visiting Either Guam or the
CNMI
A CBP Form I-736 is required for travel to Guam and the CNMI except
in three circumstances. CBP Form I-736 is not required if a traveler
holds a valid visa for travel to the United States. The processing time
for these travelers is estimated to be approximately two minutes, which
is the time it takes for the CBP officer to inspect the travel
documents and ask questions to the traveler regarding the purpose and
length of intended stay as well as other relevant questions. If a
traveler is a citizen of Australia, Brunei, Japan, New Zealand, South
Korea, Singapore, Taiwan, or the United Kingdom \65\ and has a current
ESTA enrollment, then CBP Form I-736 is also not required and the
respective processing time upon arrival resembles that detailed in
column (a) of Table 5. If a traveler from the PRC holds a valid visa
for travel to the United States and has a valid EVUS enrollment, then
CBP Form I-736 is also not required.
---------------------------------------------------------------------------
\65\ These countries are part of both the general Visa Waiver
Program and G-CNMI VWP.
---------------------------------------------------------------------------
Citizens or nationals from one of the twelve countries or
geographic areas participating in the G-CNMI VWP (Australia, Brunei,
Hong Kong, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, South
Korea, Singapore, Taiwan and the United Kingdom) who travel to Guam or
CNMI without a current ESTA enrollment are required, with a few
exceptions, to present a signed paper copy of CBP Form I-736 upon
arrival. Their processing time can vary depending on whether or not the
traveler has a completed and signed CBP Form I-736. If the traveler
arrives without an approved ESTA, but has a completed, printed and
signed CBP Form I-736, the CBP officer then reviews the information
presented in CBP Form I-736, along with relevant travel and related
questions, and makes a determination of admissibility to the United
States. The processing time corresponding to column (b) in Table 5 is
also estimated at two minutes.
If, on the other hand, the traveler from a G-CNMI VWP participating
country does not have a completed, printed and signed CBP Form I-736,
then the CBP officer refers the traveler to an airline agent to
complete and sign CBP Form I-736. CBP estimates that the need to go to
an airline agent adds five minutes to the traveler's time, not
including the time it actually takes to complete the CBP Form I-736. It
generally takes 19 minutes to complete CBP Form I-736, but this time is
borne whether the traveler arrives at the airport with a completed form
or not; all that varies is when the traveler fills out the form. The
CBP officer then reviews the information contained within the form and
asks relevant travel and related questions regarding the traveler's
purpose and length of stay at the inspection interview and makes a
determination of admissibility. CBP estimates that the third process
described in column (c) in Table 5 takes seven minutes from beginning
to end, not including the time it takes to complete the CBP Form I-736.
New Process for G-CNMI VWP Travelers When Visiting Either Guam or the
CNMI
CBP intends to improve the arrival process by automating Form I-736
whereby the traveler does not need to print and sign a paper CBP Form
I-736. Instead, CBP will automate Form I-736 by having travelers fill
out the form in advance, answer the required personal and travel
questions and update their information prior to their travel. CBP will
then use this information to review against national and international
law enforcement databases to prescreen travelers, which will improve
the current vetting process, and as a result receive a determination of
travel eligibility. In essence, as a result of this rule, the processes
represented in columns (b) and (c) of Table 5 will be eliminated, and
all travelers from G-CNMI VWP will follow a process that resembles
column (a) in Table 5. The process will be similar to the current ESTA
process.
[[Page 3318]]
In order to quantify the economic benefits (or cost) resulting from
this rule's change in traveler times, a value of time is needed. The
U.S. Department of Transportation (USDOT) \66\ provides estimates on
the value of travel time. Since travelers from all of the countries and
geographic areas selected by the U.S. Government to participate in the
G-CNMI VWP, and PRC nationals granted discretionary parole into the
CNMI, are typically higher income individuals,\67\ they are thus more
likely to have values of time similar to the USDOT's value of travel
time savings estimates. Accordingly, CBP believes that this value of
travel time savings reported in USDOT's memorandum is an accurate
representation of the value of time savings that travelers from G-CNMI
VWP participating countries and geographic areas also place on travel
time and CBP uses $53.24 as the estimated hourly value of travel time
for affected travelers.
---------------------------------------------------------------------------
\66\ For the monetized time costs used in this analysis to
calculate the time burden imposed on travelers for the increased
time burden to fill out the automated Form I-736, CBP uses the U.S.
Department of Transportation's (USDOT) hourly time value of $47.10
for all-purpose, intercity air travelers. The 2015 hourly figure is
then multiplied with a GDP deflator multiplier of 1.1304 to reflect
a 2021 dollars wage rate of $53.24. The opportunity cost associated
with column (b) of Table 5 was estimated by multiplying the hourly
Value of Travel Time Savings (VVTS) figure with the change in
minutes it takes to complete the automated Form I-736. Similarly,
the opportunity cost associated with column (c) of Table 5 was
estimated by multiplying the VTTS figure with the change in minutes
it takes to complete the automated Form I-36. Source: U.S.
Department of Transportation, Office of Transportation Policy. The
Value of Travel Time Savings: Departmental Guidance for Conducting
Economic Evaluations Revision 2 (2015 Update). ``Table 4 (Revision
2-corrected): Recommended Hourly Values of Travel Time Savings for
All-Purpose, Intercity Air and High-Speed Rail Travel.'' April 29,
2015. Available at https://www.transportation.gov/sites/dot.gov/files/docs/2016%20Revised%20Value%20of%20Travel%20Time%20Guidance.pdf. Accessed
Sept. 28, 2020.
\67\ See Economic Analysis for the Interim Final Rule:
Implementation of the Guam-CNMI Visa Waiver Program (Oct. 31, 2008),
pp. 3-13 (CNMI) and 4-5 (Guam), available at https://www.regulations.gov/document/USCBP-2009-0001-0002.
---------------------------------------------------------------------------
Net Change in Traveler Time With Automated Form I-736
The net change in traveler times depends on the travelers' baseline
behavior. Some will see an increase in time burden and others will see
a decrease. On net, the overall population will not see a change in the
traveler time as a result of this rule and the automation of Form I-
736. As previously mentioned, the processes described in columns (b)
and (c) of Table 5 are expected to be eliminated. Using travel
projections from Table 3, CBP can estimate the net change in traveler
time associated with the automation of Form I-736. From fiscal years
2015 to 2019, a total of approximately six million travelers from G-
CNMI VWP participating countries and geographic areas arrived in Guam
and the CNMI requiring a paper CBP Form I-736. CBP subject matter
experts estimate that approximately 60 percent of the six million G-
CNMI-VWP travelers \68\ arrived with a completed CBP Form I-736 (column
(b)) and 40 percent arrived without one and needed to complete and sign
upon arrival (column (c)).
---------------------------------------------------------------------------
\68\ Some travelers are likely to be repeat travelers, which may
affect estimated costs and benefits presented in this analysis, but
CBP data on repeat travelers in this situation are not readily
available. To the extent that some travel more than once in a two-
year period, the costs and savings associated with the one-time
process of completing the automated Form I-736 will be lower.
---------------------------------------------------------------------------
The total estimated processing time for a traveler that falls under
column (b) of Table 5 currently is estimated at two minutes. Under this
IFR, travelers will now be required to access and submit their personal
and travel information into the automated version of Form I-736. CBP
estimates that this new process will burden travelers by an additional
two minutes, which represents the time it takes to set up an account on
the new website and log in to access the automated Form I-736. Thus,
the difference in time between column (b) and the new proposed process
is expected to be approximately an additional two minutes. The
increased time burden and monetized time costs for travelers that
arrive with a completed I-736 (column (b)) are presented in Table 6.
Table 6--Net Change in Traveler Time From Automation of Form I-736, Column (b)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Time burden FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of travelers..................................... 699,000 690,962 683,016 675,162 667,395 3,415,535
Additional time burden (min)............................ 2 2 2 2 2 ..............
Burden hours............................................ 23,300 23,032 22,767 22,505 22,247 113,851
-----------------------------------------------------------------------------------------------
Monetized Time Cost................................. $1,240,492 $1,226,224 $1,212,115 $1,198,166 $1,184,430 $6,061,427
--------------------------------------------------------------------------------------------------------------------------------------------------------
The current processing time associated with column (c) of Table 5
is seven minutes. Travelers will now have to follow the two-minute
process described in column (a), but will also bear the additional two-
minute time burden to set up a new account and logging into the
website. On net, these travelers will experience a three-minute time
savings as a result of this rule. The estimated time savings benefits
from reduced processing at the G-CNMI FIS associated with column (c) of
Table 5 are presented in Table 7.
Table 7--Net Change in Traveler Time From Automation of Form I-736, Column (c)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Time reduction FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of travelers..................................... 466,000 460,640 455,345 450,107 444,931 2,277,023
Time reduction (minutes)................................ 3 3 3 3 3 ..............
No. of hours reduced.................................... 23,300 23,032 22,767 22,505 22,247 113,851
-----------------------------------------------------------------------------------------------
Monetized Time Benefit.............................. $1,240,492 $1,226,224 $1,212,115 $1,198,166 $1,184,430 $6,061,427
--------------------------------------------------------------------------------------------------------------------------------------------------------
After applying this value for travel time using the all-purpose
travel category, CBP estimates that the 2-minute increase for 60
percent of travelers (column b) and 3-minute decrease for 40 percent of
travelers (column c) results in a net undiscounted economic benefit
resulting from automation of Form I-736 is $0 over the
[[Page 3319]]
next five-year period. The resulting net change in traveler time
associated with Phase I, which corresponds to the summation of Table 6
and Table 7, is presented in Table 8.
Table 8--Total Net Change in Traveler Time of Phase I From the Automation of Form I-736
--------------------------------------------------------------------------------------------------------------------------------------------------------
Economic cost FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monetized time cost..................................... $1,240,492 $1,226,224 $1,212,115 $1,98,116 $1,184,430 $6,061,427
Monetized time benefit.................................. 1,240,492 1,226,224 1,212,115 1,98,116 1,184,430 6,061,427
-----------------------------------------------------------------------------------------------
Total time cost (undiscounted)...................... 0 0 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Increased Traveler Time Associated With the Automation of Form I-736
for PRC Nationals and Increased Traveler Time Associated With the
Implementation of CNMI EVS-TAP
The automation of Form I-736 for PRC nationals seeking parole in
Phase I and CNMI EVS-TAP in Phase II applies to when they arrive at an
FIS at the CNMI only. PRC nationals still must obtain a visa to enter
Guam, and this rule does not change applicable visa requirements for
travel to Guam. In order to estimate the expected net change in
processing time at inspection with the proposed processes under this
rule, it is important to understand the current process. The difference
in processing times between the current process and the new processes
is the net change in traveler time, with the net change in processing
time (measured as the difference in minutes between the current process
and the new process), and the economic cost measured as the value of
time associated with the increase in processing time.
Table 9 explains the three varying scenarios that can result under
the current process when travelers from the PRC arrive at the CNMI. The
left-hand column, labeled (d), describes the scenario with the least
amount of processing time and coincides with a visa traveler having a
valid (approved) EVUS enrollment. The middle column, labeled (e),
describes the scenario where the traveler arrives without a visa, but
has in hand the required current paper version of CBP Form I-736
completed and signed, and seeks parole. The processing time in column
(e) takes approximately five minutes, and takes about three minutes
longer to process than in column (d). There is also a higher chance
that the traveler is found to be inadmissible to the CNMI or denied
parole as there has been no pre-arrival vetting in this scenario. This
rule will attempt to lower the likelihood of a traveler being found
inadmissible or denied parole for three reasons: (1) the traveler's
information will have been collected beforehand by CBP and DHS; (2) the
collected information will have gone through a vetting process before
the traveler boards; and (3) the CBP officer will have the traveler's
information in digital format a few seconds beforehand to make an
assessment on admissibility with greater confidence. The right-hand
column, labeled (f), is the most time consuming scenario and describes
the case in which a traveler arrives at an FIS without a visa, and
without CBP Form I-736. The processing time under column (f) is
estimated to take up to nine minutes per traveler. It is the number of
occurrences in columns (e) and (f) that this rule will attempt to
eliminate. Under this IFR, the implementation of CNMI EVS-TAP will
result in most travelers following a scenario similar to that described
in column (d). The automation of Form I-736 will be included within the
implementation of CNMI EVS-TAP. The next two subsections describe both
the current and the proposed processes in more detail.
Table 9--Current Process for PRC Nationals Traveling to the CNMI
[Traveler time is in parentheses]
------------------------------------------------------------------------
Traveler with PRC
Traveler with PRC passport, passport, without Traveler with PRC
valid visa, and valid visa (seeks parole), passport, without
(approved) EVUS enrollment with CBP Form I-736 visa (seeks parole),
(d) completed and signed without CBP Form I-
(e) 736 (f)
------------------------------------------------------------------------
PRC national arrives at the PRC national arrives PRC national arrives
FIS area and presents at the FIS area and at the FIS area and
travel documents to the CBP presents travel presents travel
officer. documents to the documents to the
CBP officer. CBP officer.
CBP officer inspects travel If traveler has all The traveler is
documents and reviews documents in order, returned to the
personal and travel then the officer airline agent
information stored in compares the stationed in the
databases (approx. 1 min). passport to the primary queue area
person and reviews who is actively
CBP Form I-736 checking the
(approx. 1 min). passengers' forms
before the
passengers get to
primary (approx. 5
min).
CBP officer interviews the CBP officer Once the traveler's
traveler as to the purpose interviews the documents are
and length of intended stay traveler as to the completed and found
and other relevant purpose and length to be in
questions (approx. 1 min). of intended stay compliance, then,
and other relevant the CBP officer
questions (approx. compares the
2 min). passport to the
person and reviews
CBP Form I-736
(approx. 1 min).
CBP officer either refers CBP officer either CBP officer
the person to secondary, or refers the person interviews the
grants admission to Guam or to secondary, or traveler as to the
the CNMI. authorizes parole purpose and length
into the CNMI. of intended stay
and other relevant
questions (approx.
2 min).
If traveler is admissible, If a parole CBP officer either
then, the traveler proceeds determination is refers the person
to local CNMI Customs made, the CBP to secondary, or
Service for processing. officer stamps the authorizes parole
passport with the into the CNMI.
CBP parole stamp
and annotates the
parole expiration
date (approx. 2
min).
[[Page 3320]]
Traveler then If the determination
proceeds to local to grant
CNMI Customs discretionary
Service for parole is made, the
processing. CBP officer stamps
the passport with
the CBP parole
stamp and annotates
the parole
expiration date
(approx. 2 min).
Traveler then
proceeds to local
CNMI Customs
Service for
processing.
------------------------------------------------------------------------
Total time: 2 min........... Total time: 5 min... Total time: 9 min.
------------------------------------------------------------------------
Baseline Process for PRC Nationals When Visiting the CNMI
PRC nationals are required to obtain a visa prior to travel to
visit Guam or the CNMI, or seek parole into the CNMI only. Individuals
who are issued a visa by the applicable embassy or consulate containing
maximum validity (10-year) B1/B2, B1, and B2 visas, are required to
enroll in EVUS. These travelers may use their valid visa and EVUS
enrollment and follow the process outlined in the column (d) of Table
9. CBP estimates that the total processing time for EVUS enrollees is
approximately two minutes--similar to that of travelers with an
approved ESTA.
PRC nationals who do not have a valid applicable visa and EVUS
enrollment are required to complete CBP Form I-736 in order to be
granted parole and allowed to enter into the CNMI only without having
obtained a visa. Depending on whether the traveler has a completed and
signed CBP Form I-736, the processing times can vary following the
processes summarized in columns (e) and (f) of Table 9. The maximum
length of parole into the CNMI for PRC nationals is currently set at 14
days. Under the current process, the paper CBP Form I-736s are
collected, scanned, and stored by CBP.
Process for PRC Nationals Under Phase I
During Phase I, PRC nationals will submit Form I-736 in advance
electronically instead of on paper and must receive electronic travel
authorization prior to embarking on a carrier in order to seek parole
into the CNMI until Phase II is implemented. The automation of Form I-
736 for PRC nationals is included in the CNMI EVS-TAP discussion below.
Process for PRC Nationals Under Phase II: CNMI EVS-TAP
This rule introduces CNMI EVS-TAP, and once CNMI EVS-TAP is
implemented, this rule eliminates the current parole process. CNMI EVS-
TAP will require PRC nationals to obtain an electronic travel
authorization in advance of travel to the CNMI for a period of stay up
to 14 days. Since CNMI EVS-TAP will be a sub-program of the G-CNMI VWP,
the automation of Form I-736 will already be included within CNMI EVS-
TAP. CNMI EVS-TAP users, which includes PRC nationals, will have a tab
with an additional set of questions used for screening and vetting
purposes. Under CNMI EVS-TAP, PRC nationals arriving at the CNMI will
follow a process identical to column (d) in Table 9, without requiring
a visa and instead arrive with a positive determination of travel
authorization. The CNMI EVS-TAP process will make more efficient use of
time for the traveler, while also reducing CBP resources associated
with the parole process, and reduce the number of travelers turned away
after being denied parole into the CNMI by a CBP officer at the port of
entry.
With the use of CNMI EVS-TAP, PRC nationals will instead fill out
the required personal and travel information in advance of travelling,
and CBP will have the information contained in Form I-736, as well as
responses to the additional CNMI EVS-TAP questions, for review,
screening and vetting purposes prior to arriving in the CNMI. At the
inspection interview with a CBP officer, the CBP officer will make a
sounder assessment regarding admissibility to the CNMI with the
information stored in the CNMI EVS-TAP database. Having personal and
travel information in advance also improves national security. A second
result of this rule is that PRC nationals who have not obtained a visa
and valid EVUS enrollment will experience processing times closer to
that of EVUS.
Net Change in Traveler Time With CNMI EVS-TAP and Automated Form I-736
CNMI EVS-TAP will result in an increase in processing time for
travelers. With the implementation of CNMI EVS-TAP, the time associated
with columns (e) and (f) of Table 9 are essentially eliminated and
instead travelers will go through the process described in column (d),
and will also answer the additional vetting questions. Using the travel
projections from Table 3, CBP can estimate the total increase in
traveler time associated with the implementation of CNMI EVS-TAP. From
fiscal years 2015 to 2019, CBP primary officers in the CNMI encountered
approximately 808,632 paroled travelers with paper CBP Form I-736 to
the CNMI. Historical data for PRC arrivals at the CNMI seeking parole
from FY 2015 to FY 2019 are provided in Table 10. Using the data
presented in Table 10, the number of arrivals to the CNMI grew at a
compound annual growth rate of 10.86 percent between fiscal years 2015
and 2019. Using the expected number of future arrivals to the CNMI
yields a total of 1,133,016 paper CBP Form I-736 \69\ that will be
avoided over the next five-year period that will no longer be received
and processed by CBP at primary inspection stations as a result of this
rule.
---------------------------------------------------------------------------
\69\ CBP estimates future (PRC nationals) arrivals to the CNMI
by multiplying the arrival total for FY 2019 (PRC nationals) with (1
+ growth rate of 10.86%) to obtain a forecasted amount for FY 2022
164,564*(1 + (0.1086)) = 182,436, similarly for FY 2023 is
164,564*(1 + (0.1086)[supcaret]2) = 202,249, FY 2024
164,564*(1+(0.1086)[supcaret]3) = 224,213, FY 2025
164,564*(1+(0.1086)[supcaret]4) = 248,562, FY 2026
164,564*(1+(0.1086)[supcaret]5) = 275,556. Total for future years
(prediction): 182,436 (FY22) + 202,249 (FY23) + 224,213 (FY24) +
248,562 (FY 25) + 275,556 FY(26) = 1,133,016.
[[Page 3321]]
Table 10--PRC Arrivals at the CNMI Seeking Parole
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arrivals to the CNMI FY 2015 FY 2016 FY 2017 FY 2018 FY 2019 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
PRC arrivals at the CNMI.......................... 108,952 136,911 184,378 213,827 164,564 808,632
--------------------------------------------------------------------------------------------------------------------------------------------------------
The total estimated processing time for a traveler that falls under
column (d) of Table 9 is estimated at two minutes, and serves as the
baseline representing the amount it takes to process PRC nationals who
hold a valid visa and are traveling under the current EVUS program.
Under this IFR, once CNMI EVS-TAP is implemented, PRC nationals seeking
to enter the CNMI without first obtaining a visa will be required to
access and submit their personal and travel information into the CNMI
EVS-TAP website. The automation of Form I-736 will already be included
into CNMI EVS-TAP. CBP estimates that this new process will burden
travelers by an additional two minutes, which represents the time it
takes to set up an account on the new website and log in to access CNMI
EVS-TAP. In addition, these travelers will also be prompted to answer
an additional set of security vetting questions prior to receiving
travel authorization. CBP estimates that it will take five minutes to
answer these vetting questions.
A traveler who currently arrives with a completed and signed CBP
Form I-736, has a baseline time burden of five minutes, as shown in
column (e). Under this IFR, these travelers will now follow a process
that resembles that in column (d), but with an additional two-minute
time burden to capture the added time associated with logging into the
CNMI EVS-TAP website, and an additional five minutes to answer the new
set of vetting questions. These travelers will now have a total
opportunity cost of nine minutes, an increase of four minutes when
compared to their baseline.
In order to monetize the time burden on travelers from the PRC
under CNMI EVS-TAP, CBP used the historical information on PRC arrivals
at the CNMI seeking parole from Table 10 to estimate the forecast for
future arrivals to the CNMI. Using the same compound growth rate of
10.86 percent, future travel to the CNMI using CNMI EVS-TAP is
presented in the first line in Table 10. CBP then used the same subject
matter expert rate of 60-percent to estimate for the number of PRC
travelers without a visa seeking parole that would have CBP Form I-736
completed and signed (i.e., travelers under column (e) in Table 9). The
number of travelers is presented in the third row of Table 11. Each
traveler is then subject to a net four-minute increase in travel time
when compared to the baseline from the additional vetting questions for
PRC nationals. The total time burden, in hours, for all PRC travelers
is presented in the fifth row in Table 11. Using the USDOT's value of
travel time cost, CBP obtained a monetized estimate of the time burden
to PRC travelers. The resulting increased time burden and monetized
costs are presented in Table 11.
---------------------------------------------------------------------------
\70\ CBP estimates future (PRC nationals) arrivals to the CNMI,
column (e), as follows: FY 2022: 164,564 * (1+(0.1086))[supcaret]1 *
0.60 = 109,462; FY 2023: 164,564 * (1+(0.1086))[supcaret]2 * 0.60 =
121,349; FY 2024: 164,564 * (1+(0.1086))[supcaret]3 * 0.60 =
134,528; FY 2025: 164,564 * (1+(0.1086))[supcaret]4 * 0.60 =
149,137; FY 2026: 164,564 * (1+(0.1086))[supcaret]5 * 0.60 =
165,334.
Table 11--Net Change in Traveler Time From Developing CNMI EVS-TAP, Column (e) \70\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Time burden FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated (PRC nationals) arriving at the CNMI 182,436 202,249 224,213 248,562 275,556 1,133,016
(forecast).............................................
0.60 0.60 0.60 0.60 0.60 ..............
PRC Travelers in column (e), Table 8.................... 109,462 121,349 134,528 149,137 165,334 679,810
Additional time burden (minutes)........................ 4 4 4 4 4 ..............
No. of hours (rounded).................................. 7,297 8,090 8,969 9,942 11,022 45,321
-----------------------------------------------------------------------------------------------
Monetized Time Cost................................. $388,517 $430,708 $477,485 $529,337 $586,826 $2,412,873
--------------------------------------------------------------------------------------------------------------------------------------------------------
On the other hand, a traveler who arrives without an EVUS
enrollment, a valid visa, and a completed CBP Form I-736, has a
baseline time burden of nine minutes, as shown in column (f). Under
this IFR, these travelers will now follow a process that resembles that
in column (d), but with an additional two-minute time burden to capture
the added time associated with accessing the CNMI EVS-TAP website, and
an additional five minutes to answer the new set of vetting questions.
These travelers will now have a total opportunity cost of nine minutes,
which is no net change when compared to their baseline. These travelers
will incur the same time burden as under the baseline, but will be
undergoing a different process. The resulting difference in traveler
time when compared to the baseline for these individuals is presented
in Table 12.
Table 12--Net Change in Traveler Time From Developing CNMI EVS-TAP, Column (f)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Time reduction FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of travelers..................................... 72,974 80,900 89,685 99,425 110,222 453,206
Time reduction (minutes)................................ 0 0 0 0 0 ..............
No. of hours reduced.................................... 0 0 0 0 0 0
-----------------------------------------------------------------------------------------------
Monetized Time Benefit.............................. $0 $0 $0 $0 $0 $0
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 3322]]
The resulting increase in CNMI EVS-TAP traveler times as a result
of this rule is presented Table 13. Note that the increase in traveler
time results from the increased time it takes to access the CNMI EVS-
TAP website and the additional time it takes for travelers to answer
the new set of vetting questions when compared to the baseline.
Table 13--Total Net Change in Traveler Time of Phase II From Developing CNMI EVS-TAP
--------------------------------------------------------------------------------------------------------------------------------------------------------
Economic cost FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Monetized time cost..................................... $388,517 $430,708 $477,485 $529,337 $586,826 $2,412,873
Monetized time benefit.................................. 0 0 0 0 0 0
-----------------------------------------------------------------------------------------------
Time cost (undiscounted)............................ 388,517 430,708 477,485 529,337 586,826 2,412,873
--------------------------------------------------------------------------------------------------------------------------------------------------------
Similar to the automation of Form I-736, CBP can quantify the
economic cost associated with increased traveler times from this IFR
using an estimate of the value of time. The U.S. Department of
Transportation (USDOT) provides estimates on the value of travel time.
CBP and DHS believe this value of travel time savings reported in this
memorandum is an accurate representation of the value of time savings
that arriving business and pleasure travelers from the PRC place on
time. Applying this value for travel time, CBP estimates that the
undiscounted monetized time cost of CNMI EVS-TAP to travelers is
$2,412,873 over the next five-year period.
Table 14 presents the total cost of automating Form I-736 as well
as CNMI EVS-TAP over the five-year period of analysis. The
administrative costs include program development as well as operations
and maintenance to be incurred by CBP. The table also presents the
monetized time cost resulting from the change in which traveler
information is processed under the new program. Note that there is a
benefit from improved processing time, as well as an increase in the
response times resulting from the added questionnaire components to be
included in CNMI EVS-TAP. The net result is an increase in time costs
from the implementation of both Phase I and Phase II.
Table 14--Total Costs Phase I and Phase II (Undiscounted) of the Rule (2022-2026)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total costs FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
Phase I time cost....................................... $0 $0 $0 $0 $0 $0
Phase II time cost...................................... 388,517 430,708 477,485 529,337 586,826 2,412,873
Program development..................................... 3,169,486 0 0 0 0 3,169,486
Operations and maintenance.............................. 0 646,575 659,507 672,697 686,151 2,664,930
-----------------------------------------------------------------------------------------------
Total Costs......................................... 3,558,003 1,077,283 1,136,992 1,202,034 1,272,977 8,247,289
--------------------------------------------------------------------------------------------------------------------------------------------------------
CBP is removing a bond provision that is specific to the G-CNMI
VWP. Since 2009, CBP has not used the bond provision and even if this
regulatory change did not take place CBP would not expect to use it in
the near future. As such, the removal of the bond provision from the G-
CNMI VWP is expected to not increase or decrease economic costs. CBP
continues to have available the general bond provisions for
nonimmigrant travelers and can apply this to travelers to Guam and CNMI
as needed. Once again, although CBP has the authority to impose a bond
on a nonimmigrant traveler, CBP has not used or imposed a bond
requirement on any traveler to Guam and CNMI in the past and does not
anticipate using the bond provisions in the near future. As such, CBP
does not expect any increase or decrease in the economic costs as a
result of the general bond provisions in the near future.
Benefits of the Rule
CBP has identified four major benefits as a result of this IFR.
These include: (1) a reduction in administrative costs to CBP
associated with the automation of Form I-736, (2) a reduction in the
number of inadmissibility cases, which reduces costs to both the
government and air carriers, (3) an improvement to national security by
obtaining traveler information prior to arrival, and (4) a likely
increase in travel from PRC nationals who would benefit from the joint
automation of Form I-736 and implementation of CNMI EVS-TAP. The first
two benefits mentioned have been quantified, whereas the latter two are
discussed qualitatively.
Administrative Cost-Savings to CBP Associated With the Automation of
Form I-736
Under this IFR, CBP will no longer have to receive, scan and store
the paper CBP Form I-736. CBP has estimated that the cost-savings from
automating Form I-736 is approximately $0.63 per form, based on
historical contract costs for managing the paper form. Using the number
of estimated future G-CNMI-VWP arrivals to Guam and the CNMI of
5,692,558 travelers over the five-year period of analysis, CBP
estimates that total cost-savings from automating Form I-736 for G-CNMI
VWP travelers is approximately $3,586,314. Table 15 provides detail on
the calculated cost-savings estimate to CBP.
Table 15--Cost-Savings to CBP From Automating Form I-736 for G-CNMI VWP Travelers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Form I-736 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
G-CNMI VWP travelers (only)............................. 1,165,000 1,151,602 1,138,361 1,125,269 1,112,326 5,692,558
Per form CBP cost....................................... $0.63 $0.63 $0.63 $0.63 $0.63 ..............
-----------------------------------------------------------------------------------------------
[[Page 3323]]
Total............................................... 733,950 725,509 717,167 708,919 700,765 3,586,310
--------------------------------------------------------------------------------------------------------------------------------------------------------
Similarly, under this IFR, CBP will no longer receive, scan and
store the paper CBP Form I-736 from PRC nationals seeking parole into
the CNMI. Aside from the additional vetting questions for PRC nationals
under CNMI EVS-TAP, the Form I-736 that PRC nationals must complete is
identical to the Form I-736 travelers from G-CNMI VWP participating
countries must also complete. CBP has estimated that the cost-savings
from no longer having to scan and store paper versions of the CBP Form
I-736 for PRC nationals seeking parole is also $0.63 per form. Using
the number of estimated future arrivals to the CNMI of 1,113,016 of PRC
nationals under CNMI EVS-TAP, CBP estimates that the total cost-savings
to CBP from automating Form I-736 for PRC travelers is $713,803. Table
16 provides details on the calculated cost-saving estimate to CBP with
regards to PRC nationals under EVS-TAP.
Table 16--Cost-Savings to CBP From Automating Form I-736 for PRC Travelers
--------------------------------------------------------------------------------------------------------------------------------------------------------
Form I-736 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
PRC Travelers (only).................................... 182,436 202,249 224,213 248,562 275,556 1,133,016
Per form CBP cost....................................... $0.63 $0.63 $0.63 $0.63 $0.63 ..............
-----------------------------------------------------------------------------------------------
Total............................................... 114,935 127,417 141,254 156,594 173,600 713,800
--------------------------------------------------------------------------------------------------------------------------------------------------------
As a result, CBP estimates that the total cost-savings to CBP from
automating Form I-736 is $4,300,117. Table 17 provides detailed
calculations for both groups of travelers for this estimate.
Table 17--Cost-Savings to CBP From Automating Form I-736
--------------------------------------------------------------------------------------------------------------------------------------------------------
Form I-736 FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
--------------------------------------------------------------------------------------------------------------------------------------------------------
G-CNMI VWP travelers.................................... $733,950 $725,509 $717,167 $708,919 $700,765 $3,586,310
PRC travelers........................................... 114,935 127,417 141,254 156,594 173,600 713,800
-----------------------------------------------------------------------------------------------
Total............................................... 848,885 852,926 858,421 865,513 874,365 4,300,110
--------------------------------------------------------------------------------------------------------------------------------------------------------
Benefit From Reduced Inadmissibility Cases
Under this IFR, CBP will be able to make a determination of travel
eligibility of travelers from G-CNMI VWP countries and geographic
areas, and the PRC, by assessing data in advance of travel, including
an analysis of whether such travel poses a law enforcement or security
risk. The rule accomplishes both goals of promoting border security and
legitimate travel to the United States. By modernizing the G-CNMI VWP
the automated Form I-736 is intended to both increase national security
and provide for greater efficiencies in the screening of international
travelers by allowing for screening of subjects of potential interest
well before boarding, thereby reducing traveler delays based on
potentially lengthy processes at the U.S. ports of entry.
In addition, each year a small percentage of travelers to the
United States are deemed inadmissible for a variety of reasons,
including obvious health problems, overstays from previous visits,
criminal activity, etc. These noncitizens may be returned to their
country of origin at the commercial carrier's expense, and the carrier
may be fined for transporting a noncitizen not in possession of proper
documentation. One of the purposes of this rule is to prevent
ineligible entrants from arriving in the United States. Currently,
travelers answer questions concerning admissibility and present this
information to the CBP officer. Based on the answers to these
questions, other information available, and personal judgement, the CBP
officer makes the determination to admit the person to the United
States, or refer the traveler to secondary inspection for further
processing. Under this IFR, CBP and DHS will have travelers' personal
and travel information to conduct pre-vetting of individuals prior to
arrival in the United States at either Guam or the CNMI. As such, the
number of travelers that will be sent to secondary inspection, as well
as the associated costs to CBP and carriers, is expected to decrease.
In particular, automation of Form I-736 will allow for advance
screening of G-CNMI VWP travelers against databases for lost and stolen
passports, visa revocations, and terrorists. Based on CBP data, the
current rate of travelers determined to be inadmissible on an annual
basis has been calculated in Table 18 for each G-CNMI VWP participating
country. As a result of this rule, CBP anticipates this rate of
inadmissibility to be reduced even further, since arrivals will have
gone through the pre-vetting process and been given a positive
determination of travel eligibility prior to disembarking to the United
States.\71\
---------------------------------------------------------------------------
\71\ CBP uses inadmissibility rates to estimate the number of
inadmissibility determinations that might be reduced by this rule's
imposition of a travel eligibility determination; however, a
positive determination of travel eligibility provided under this IFR
permitting an individual to travel to the United States does not
guarantee admissibility. As such, even with a positive determination
of travel eligibility, certain travelers are found inadmissible upon
arrival into the United States. An important element to determine
eligibility to enter the United States is at the inspection
interview between the CBP officer and the potential entrant.
Accordingly, these estimates may overstate the actual reduction in
inadmissibility cases. Carriers are still responsible for returning
passengers to their last foreign point of departure at the carriers'
expense if travelers cannot overcome the eligibility judgement of
the CBP officer during secondary processing, even once this rule is
in effect.
---------------------------------------------------------------------------
[[Page 3324]]
When inadmissible travelers are brought to the United States, they
are referred to secondary inspection where a CBP or other law
enforcement officer questions them and processes them for return to
their country of origin. CBP estimates that it costs $136 \72\ per
individual for questioning and processing. CBP applies the
inadmissibility rate of each G-CNMI VWP participating country to the
anticipated forecasted number of arrivals for fiscal years 2022 to 2025
to obtain an estimate of future inadmissibility cases that will be
avoided as a result of this rule. The rate is applied by country of
origin to travelers from current G-CNMI VWP participating countries and
geographic areas to obtain an estimate of the number of reduced
inadmissibility cases in Phase I. Table 18 presents the number of
inadmissibility cases, and Table 19 presents the associated costs to
CBP that will be reduced as a result of this rule.
---------------------------------------------------------------------------
\72\ CBP estimates that each inadmissible noncitizen requires
two additional hours of inspection and processing time, at a cost of
$136 per arrival based on the $67.92 fully loaded hourly wage rate
for CBP officers. Paperwork Reduction Act Information Collection
Cost Estimates for July 2022 to July 2023.
Table 18--G-CNMI VWP Participating Countries--Inadmissible Rate and Forecast
----------------------------------------------------------------------------------------------------------------
Inadmissible
Country or geographic area rate (pct.) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
----------------------------------------------------------------------------------------------------------------
Australia..................... 1.1625 5 5 5 5 5 25
Brunei........................ 0.0000 0 0 0 0 0 0
Hong Kong..................... 0.2904 8 8 7 7 7 37
Japan......................... 0.0127 58 57 57 56 55 283
Malaysia...................... 1.0563 6 6 6 5 5 28
Nauru......................... 0.0000 0 0 0 0 0 0
New Zealand................... 2.1341 3 3 3 3 3 15
Papua New Guinea.............. 0.5339 1 1 1 1 1 5
South Korea................... 0.0228 157 156 154 152 150 769
Singapore..................... 1.8471 3 3 3 3 3 15
Taiwan........................ 0.4322 88 87 86 85 84 430
United Kingdom................ 0.8349 5 5 5 5 5 25
---------------------------------------------------------------------------------
Total..................... .............. 334 331 327 322 318 1,632
----------------------------------------------------------------------------------------------------------------
Table 19--Savings to CBP From Reduced Inadmissibility Cases, Phase I
----------------------------------------------------------------------------------------------------------------
Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
----------------------------------------------------------------------------------------------------------------
Inadmissibility cases (forecast).............. 334 331 327 322 318 1,632
Per traveler CBP cost......................... $136 $136 $136 $136 $136 $136
-----------------------------------------------------------------
Total Reduced Cost to CBP (undiscounted).. 45,424 45,016 44,472 43,792 43,248 221,952
----------------------------------------------------------------------------------------------------------------
When travelers are deemed inadmissible, the carrier is required to
transport them back to their country-of-origin. CBP estimates that this
costs carriers $1,880 \73\ per individual, which includes the airfare
and any lodging and meal expenses incurred while the individual is
awaiting transportation out of the United States. The resulting savings
to carriers from reduced inadmissibility cases as a result of this rule
is presented in Table 20.
---------------------------------------------------------------------------
\73\ CBP has previously estimated this cost to carriers for
ESTA, a program that is similar to that being proposed in this rule.
See CBP, Regulatory Assessment for the Final Rule: Electronic System
for Travel Authorization (ESTA) (2015), available at https://www.regulations.gov/document/USCBP-2008-0003-0028 (last visited July
20, 2023). In the ESTA Regulatory Assessment, the estimated cost to
carriers to process a passenger who is deemed inadmissible is
$1,500. Id. at 4-2. CBP adjusted this amount using the GDP deflator
to reflect this figure in 2021 U.S. dollars using the corresponding
multiplier amount of 1.2533 (1.2533 x $1,500 = $1,880).
Table 20--Savings to Carriers From Reduced Inadmissibility Cases, Phase I
----------------------------------------------------------------------------------------------------------------
Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
----------------------------------------------------------------------------------------------------------------
Inadmissibility cases (forecast)............ 334 331 327 322 318 1,632
Per traveler carrier cost................... $1,880 $1,880 $1,880 $1,880 $1,880 $1,880
-------------------------------------------------------------------
Total Reduced Costs to Carriers 627,920 622,280 614,760 605,360 597,840 3,068,160
(undiscounted).........................
----------------------------------------------------------------------------------------------------------------
Based on this information, CBP estimates the benefits to the agency
associated with Phase I (automation of Form I-736) for avoided
inadmissibility cases will total $221,952 undiscounted over the five-
year period of analysis. The benefit to carriers is expected to total
$3,068,160. The total benefit associated with Phase I over the five-
year period of analysis is estimated at $3,290,112 undiscounted. Table
21 presents the savings to both CBP and carriers as a result of
implementing Phase I.
Table 21--Total Benefits of Phase I From Reduced Inadmissibility Cases
----------------------------------------------------------------------------------------------------------------
Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
----------------------------------------------------------------------------------------------------------------
Savings to CBP.............................. $45,424 $45,016 $44,472 $43,792 $43,248 $221,952
Savings to carriers......................... 627,920 622,280 614,760 605,360 597,840 3,068,160
-------------------------------------------------------------------
[[Page 3325]]
Phase I Total (undiscounted)............ 673,344 667,296 659,232 649,152 641,088 3,290,112
----------------------------------------------------------------------------------------------------------------
Similarly, CBP then uses the same rate and applies the rate to
future forecasted arrivals from the PRC to obtain an estimate of future
inadmissibility cases under Phase II. Once again, CBP estimates that it
costs $136 per individual for questioning and processing. CBP uses the
0.3108-percent rate and applies this rate to the anticipated forecasted
number of arrivals for fiscal years 2022 to 2026 to obtain an estimate
of future inadmissibility cases that will be avoided as a result of
this rule. The results are presented in Table 22 and the savings to CBP
associated from a reduction in inadmissibility cases is presented in
Table 23.
Table 22--PRC Only--Inadmissible Rate and Forecast
----------------------------------------------------------------------------------------------------------------
Inadmissible
Country or geographic area rate (pct.) FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
----------------------------------------------------------------------------------------------------------------
China......................... 0.3108 568 629 697 773 857 3,524
---------------------------------------------------------------------------------
Total..................... .............. 568 629 697 773 857 3,524
----------------------------------------------------------------------------------------------------------------
Table 23--Savings to CBP From Reduced Inadmissibility Cases, Phase II
----------------------------------------------------------------------------------------------------------------
Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
----------------------------------------------------------------------------------------------------------------
Inadmissibility cases (forecast)............ 568 629 697 773 857 3,524
Per traveler CBP cost....................... $136 $136 $136 $136 $136 $136
-------------------------------------------------------------------
Total Reduced Cost to CBP (undiscounted) 77,248 85,544 94,792 105,128 116,552 479,264
----------------------------------------------------------------------------------------------------------------
Once again, CBP estimates that returning ineligible travelers to
their country-of-origin costs carriers $1,880 per individual, which
includes the airfare and any lodging and meal expenses incurred while
the individual is awaiting transportation out of the United States. The
resulting savings to carriers from reduced inadmissibility cases as a
result of this rule are presented in Table 24.
Table 24--Savings to Carriers From Reduced Inadmissibility Cases, Phase II
----------------------------------------------------------------------------------------------------------------
Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
----------------------------------------------------------------------------------------------------------------
Inadmissibility cases (forecast).. 568 629 697 773 857 3,524
Per traveler carrier cost......... $1,880 $1,880 $1,880 $1,880 $1,880 $1,880
-----------------------------------------------------------------------------
Total Reduced Cost to Carriers 1,067,840 1,182,520 1,310,360 1,453,240 1,611,160 6,625,120
(undiscounted)...............
----------------------------------------------------------------------------------------------------------------
CBP estimates the benefits to the agency associated with Phase II
(CNMI EVS-TAP) for avoided inadmissibility cases will total $479,264
undiscounted over the five-year period of analysis. The benefit to
carriers is expected to total $6,625,120. The total benefit associated
with Phase II over the five-year period of analysis is expected to
total $7,104,384 undiscounted. The total benefit to both CBP and
carriers over the five-year period of analysis is presented in Table
25.
Table 25--Total Benefits of Phase II From Reduced Inadmissibility Cases
----------------------------------------------------------------------------------------------------------------
Economic benefit FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
----------------------------------------------------------------------------------------------------------------
Savings to CBP.................... $77,248 $85,544 $94,792 $105,128 $116,552 $479,264
Savings to carriers............... 1,067,840 1,182,520 1,310,360 1,453,240 1,611,160 6,625,120
-----------------------------------------------------------------------------
Phase II Total (undiscounted). 1,145,088 1,268,064 1,405,152 1,558,368 1,727,712 7,104,384
----------------------------------------------------------------------------------------------------------------
Table 26 presents the combined total benefits of Phase I and Phase
II from reduced inadmissibility cases over the five-year period of
analysis. The total estimated benefit of Phase I and Phase II is
expected to total $10,394,496 undiscounted over the next five-year
period.
Table 26--Total Benefits of Phase I and Phase II From Reduced Inadmissibility
----------------------------------------------------------------------------------------------------------------
Total benefits FY 2022 FY 2023 FY 2024 FY 2025 FY 2026 Total
----------------------------------------------------------------------------------------------------------------
Phase I:
Savings to CBP................ $45,424 $45,016 $44,472 $43,792 $43,248 $221,952
Savings to carriers........... 627,920 622,280 614,760 605,360 597,840 3,068,160
-----------------------------------------------------------------------------
[[Page 3326]]
Phase I Total............. 673,344 667,296 659,232 649,152 641,088 3,290,112
-----------------------------------------------------------------------------
Phase II:
Savings to CBP................ 77,248 85,544 94,792 105,128 116,552 479,264
Savings to carriers........... 1,067,840 1,182,520 1,310,360 1,453,240 1,611,160 6,625,120
-----------------------------------------------------------------------------
Phase II Total............ 1,145,088 1,268,064 1,405,152 1,558,368 1,727,712 7,104,384
-----------------------------------------------------------------------------
Total Benefits........ 1,818,432 1,935,360 2,064,384 2,207,520 2,368,800 10,394,496
----------------------------------------------------------------------------------------------------------------
Other Non-Monetized Benefits
Another important benefit of this rule that is discussed but not
quantified, is the improvement to national security. Since all
participants using the automated Form I-736 or CNMI EVS-TAP as a result
of this IFR will be screened prior to boarding a carrier, information
about their background that could be a threat to national security will
be obtained by CBP and DHS before they board a plane.
Additionally, because parole is granted on a case-by-case basis,
and therefore, not all PRC nationals have to be granted parole, CBP
anticipates that CNMI EVS-TAP will have a spillover effect to Chinese
travelers from two groups: (1) those who, under the baseline, could
seek to be paroled into the CNMI and did not have to (but could) obtain
a visa to travel to the CNMI and (2) those who either could not or
chose not to seek to be paroled into the CNMI and had to obtain a visa,
but that will be able to travel without first obtaining a visa to the
CNMI because of this IFR. Both of these groups will now be able to
travel to the CNMI without paying the visa fee of $160 and spending the
time it takes to obtain a visa (90 minutes).\74\ CBP does not know how
many individuals will increase their travel as a result of this rule,
but CBP believes that this number will be relatively small and hence is
discussed qualitatively in this analysis.
---------------------------------------------------------------------------
\74\ Form DS-160 time burden includes the time estimated to
complete Form DS-160: Online Nonimmigrant Visa Application for the
B-1, B2, or B-1/B2.--See, e.g., U.S. Department of State, 60-Day
Notice of Proposed Information Collection: Application for
Nonimmigrant Visa, 83 FR 13807 (Mar. 30, 2018).
---------------------------------------------------------------------------
Results: Net Impact of Rule
For the five-year period of analysis, the present value cost of the
IFR is estimated at $7,018,942 (PV, 7-percent), which includes
increased traveler opportunity cost for both Phase I and Phase II,
information technology costs associated with the automation of Form I-
736, as well as developing CNMI EVS-TAP. The estimated costs of this
rule are presented in Table 27.
Table 27--Total Costs of the Rule (2022-2026)
[2021 USD]
----------------------------------------------------------------------------------------------------------------
3% Discount rate 7% Discounted rate
Costs Undiscounted ---------------------------------------------------------------
Present value Annualized Present value Annualized
----------------------------------------------------------------------------------------------------------------
Time burden, program $8,247,289 $7,676,396 $1,676,176 $7,018,942 $1,711,855
development, operations and
maintenance....................
----------------------------------------------------------------------------------------------------------------
The present value benefits are $11,956,620 (PV, 7-percent), which
result from a reduction in costs to CBP resulting from the automation
of Form I-736, and a reduction in costs associated with individuals
found to be inadmissible at Guam-CNMI POEs. The sums of the total
benefits resulting from this rule are presented in Table 28.
Table 28--Total Benefits of the Rule (2022-2026)
[2021 USD]
----------------------------------------------------------------------------------------------------------------
3% Discount rate 7% Discounted rate
Benefits Undiscounted ---------------------------------------------------------------
Present value Annualized Present value Annualized
----------------------------------------------------------------------------------------------------------------
Phase I:
Automation of Form I-746.... $6,876,422 $6,302,883 $1,376,263 $5,633,886 $1,377,519
Phase II:
CNMI EVS-TAP................ 7,818,184 7,117,691 1,554,180 6,322,734 1,542,055
-------------------------------------------------------------------------------
Total................... 14,694,606 13,420,574 2,930,443 11,956,620 2,919,574
----------------------------------------------------------------------------------------------------------------
The net present value is calculated as the difference between
present value costs and present value benefits. The net present value
for this rule is calculated at $4,937,678 (PV 7-percent), and
accordingly the present value benefits justify the present value costs
(see Table 29).
[[Page 3327]]
Table 29--Net present benefits of the rule (2022-2026)
[2021 USD]
----------------------------------------------------------------------------------------------------------------
3% Discount rate 7% Discounted rate
Net benefits Undiscounted ---------------------------------------------------------------
Present value Annualized Present value Annualized
----------------------------------------------------------------------------------------------------------------
Automation of Form I-736 and $6,447,317 $5,744,178 $1,254,266 $4,937,678 $1,207,719
CNMI EVS-TAP...................
----------------------------------------------------------------------------------------------------------------
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et. seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,
requires agencies to assess the impact of regulations on small entities
when the agency is required to publish a general notice of proposed
rulemaking for a rule. A small entity may be a small business (defined
as any independently owned and operated business not dominant in its
field that qualifies as a small business per the Small Business Act); a
small not-for-profit organization; or a small governmental jurisdiction
(locality with fewer than 50,000 people). Because this rule is being
issued as an interim final rule under the foreign affairs exception
described above, a regulatory flexibility analysis is not required
under the Regulatory Flexibility Act (5 U.S.C. 601-612).
D. Unfunded Mandates Reform Act
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 (adjusted annually for inflation) in any one year, and
it will not significantly or uniquely affect small governments.
Therefore, no actions were deemed necessary under the provisions of the
Unfunded Mandates Reform Act of 1995.
E. Privacy
CBP will ensure that all Privacy Act requirements and policies are
adhered to in the implementation of this rule, and will issue or update
any necessary Privacy Impact Assessment and/or Privacy Act System of
Records notice to fully outline processes that will ensure compliance
with Privacy Act protections.
F. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), an agency may not conduct, and a person is not required to
respond to, a collection of information unless the collection of
information displays a valid control number assigned by OMB. The
collections of information for this rulemaking are included in an
existing collection for CBP Forms I-736 (OMB control number 1651-0109).
This rule automates the collection of Form I-736 and requires that
travelers under the G-CNMI VWP submit this information in advance of
arrival. The rule also creates a new system, CNMI EVS-TAP, wherein
travelers from the PRC to the CNMI can submit advance information to
CBP so they may be vetted for a 14-day visa free admissibility period.
These travelers will also need to complete an additional set of vetting
questions. OMB Control number 1651-0109 will be revised to reflect the
increase in burden hours as follows:
Form I-736
Estimated Number of Respondents: 1,370,000.
Estimated Number of Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 1,370,000.
Estimated Time per Response: 21 minutes (0.35 hours).
Estimated Total Annual Burden Hours: 479,500.
CNMI EVS-TAP
Estimated Number of Annual Respondents: 230,000.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Total Annual Responses: 230,000.
Estimated Time per Response: 26 minutes (0.433 hours).
Estimated Total Annual Burden Hours: 99,667.
List of Subjects
8 CFR Part 212
Administrative practice and procedure, Aliens, Immigration,
Passports and visas, Reporting and recordkeeping requirements.
8 CFR Part 214
Administrative practice and procedure, Aliens, Cultural exchange
program, Employment, Foreign officials, Health professions, Reporting
and recordkeeping requirements, Students.
8 CFR Part 233
Air carriers, Aliens, Government contracts, Maritime carriers.
Amendments to the Regulations
For the reasons set forth above, DHS amends parts 212, 214, and 233
of title 8 of the Code of Federal Regulations (8 CFR parts 212, 214,
and 233) as follows:
PART 212--DOCUMENTARY REQUIREMENTS: NONIMMIGRANTS; WAIVERS;
ADMISSION OF CERTAIN INADMISSIBLE ALIENS; PAROLE
0
1. The authority citation for part 212 is revised to read as follows:
Authority: 6 U.S.C. 111, 202(4) and 271; 8 U.S.C. 1101 and
note, 1102, 1103, 1182 and note, 1184, 1187, 1223, 1225, 1226, 1227,
1255, 1359; section 7209 of Pub. L. 108-458 (8 U.S.C. 1185 note);
Title VII of Pub. L. 110-229 (8 U.S.C. 1185 note); Pub. L. 115-218;
8 CFR part 2.
Section 212.1(q) and (r) also issued under section 702, Pub. L.
110-229, 122 Stat. 754, 854.
0
2. Amend Sec. 212.1 as follows:
0
a. Revise paragraph (q)(1)(v);
0
b. In paragraph (q)(1)(x), at the end of the text remove ``; and'' and
add in its place ``.'';
0
c. Remove paragraph (q)(1)(xi);
0
d. In paragraph (q)(2)(ii)(B), add at end of the last sentence before
the period, ``, and must be in possession of a Taiwan National Identity
Card and a valid Taiwan passport with a valid re-entry permit issued by
the Taiwan Ministry of Foreign Affairs'';
0
e. In paragraph (q)(4), add the heading ``Ineligibility due to
admission under the Guam-CNMI Visa Waiver Program.'';
0
f. Revise paragraph (q)(5)(iv);
0
g. In paragraph (q)(5)(v), add the text ``(see Sec. 1.4)'' after the
text ``(CBP Form I-94)'';
0
h. Remove and reserve paragraph (q)(6);
0
i. Revise the paragraph (q)(7) paragraph heading;
0
j. In paragraph (q)(7)(i):
0
i. Remove the designation and heading;
0
ii. Remove the words ``his or her'' and add in their place the words
``the alien's'' in the first instance and the words ``the officer's''
in the second instance;
0
k. In paragraph (q)(8)(ii)(A), in the first sentence remove the words
``his or her'' and add in their place the words ``the alien's'';
[[Page 3328]]
0
l. In paragraph (q)(8)(ii)(B), remove the reference to ``paragraph
(b)(1)'' and add in its place ``paragraph (q)(8)(ii)(A)'';
0
m. Add paragraphs (q)(9) and (10); and
0
n. Add paragraph (r).
The revision and additions read as follows:
Sec. 212.1 Documentary requirements for nonimmigrants.
* * * * *
(q) * * *
(1) * * *
(v) On or after November 29, 2024, receive electronic travel
authorization pursuant to paragraph (q)(9) of this section; prior to
this date, receive electronic travel authorization pursuant to
paragraph (q)(9) of this section or be in possession of a completed and
signed Guam-CNMI Visa Waiver Information Form (CBP Form I-736);
* * * * *
(5) * * *
(iv) On or after November 29, 2024, transport an alien who has
received electronic travel authorization pursuant to paragraph (q)(9)
of this section; prior to this date, transport an alien who has
received electronic travel authorization pursuant to paragraph (q)(9)
of this section or an alien in possession of a completed and signed
Guam-CNMI Visa Waiver Information Form (CBP Form I-736), and
* * * * *
(6) [Reserved]
(7) Maintenance of status--satisfactory departure. * * *
* * * * *
(9) Electronic Travel Authorization--(i) Travel authorization
required. Each nonimmigrant alien intending to travel to Guam or the
CNMI under the Guam-CNMI Visa Waiver Program on or after November 29,
2024, must, within the time specified in paragraph (q)(9)(ii) of this
section, receive a travel authorization, which is a positive
determination of eligibility to travel to the United States under the
Guam-CNMI Visa Waiver Program, from CBP. In order to receive a travel
authorization, each nonimmigrant alien intending to travel to Guam or
the CNMI under the Guam-CNMI Visa Waiver Program must provide the data
elements set forth in paragraph (q)(9)(iii) of this section to CBP, in
English, in the manner specified herein. Prior to this date, travelers
must either receive an electronic travel authorization pursuant to this
subparagraph or provide the required information via a completed and
signed paper Guam-CNMI Visa Waiver Information Form (CBP Form I-736)
upon arrival.
(ii) Time. Each alien falling within the provisions of paragraph
(q)(9)(i) of this section must receive a travel authorization prior to
embarking on a carrier for travel to Guam or the CNMI.
(iii) Required elements. CBP will collect such information as the
Secretary deems necessary to issue a travel authorization, as reflected
by the electronic Guam-CNMI Visa Waiver Information Form (Form I-736).
(iv) Duration--(A) General rule. A travel authorization issued
under the Guam-CNMI Visa Waiver Program will be valid for a period of
two years from the date of issuance, unless the passport of the
authorized alien will expire in less than two years, in which case the
authorization will be valid until the date of expiration of the
passport.
(B) Exception. For travelers from countries or geographic areas
which have not entered into agreements with the United States whereby
their passports are recognized as valid for the return of the bearer to
the country or geographic area of the foreign-issuing authority for a
period of six months beyond the expiration date specified in the
passport, a travel authorization issued under the Guam-CNMI Visa Waiver
Program is not valid beyond the six months prior to the expiration date
of the passport. Travelers from these countries or geographic areas
whose passports will expire in six months or less will not receive a
travel authorization.
(C) Changes to the validity period. The Secretary, in consultation
with the Secretary of State, may increase or decrease the Guam-CNMI
Visa Waiver Program travel authorization validity period otherwise
authorized by subparagraph (A) for a designated Guam-CNMI Visa Waiver
Program country or geographic area. Notice of any change to the Guam-
CNMI Visa Waiver Program travel authorization validity periods will be
published in the Federal Register. The Guam-CNMI Visa Waiver Program
website will be updated to reflect the specific Guam-CNMI Visa Waiver
Program travel authorization validity period for each Guam-CNMI Visa
Waiver Program country or geographic area.
(v) New travel authorization required. A new travel authorization
is required if any of the following occurs:
(A) The alien is issued a new passport;
(B) The alien's name changes;
(C) The alien's gender changes;
(D) The alien's country of citizenship changes; or
(E) The circumstances underlying the alien's previous responses to
any of the Guam-CNMI Visa Waiver Information Form (Form I-736)
questions requiring a ``yes'' or ``no'' response (eligibility
questions) have changed.
(vi) Limitations--(A) Current authorization period. A travel
authorization under the Guam-CNMI Visa Waiver Program is a positive
determination that an alien is eligible, and grants the alien
permission, to travel to Guam or the CNMI under the Guam-CNMI Visa
Waiver Program and to apply for admission under the Guam-CNMI Visa
Waiver Program during the period of time the travel authorization is
valid. A travel authorization under the Guam-CNMI Visa Waiver Program
is not a determination that the alien is admissible to Guam, the CNMI,
or the United States. A determination of admissibility is made only
after an applicant for admission is inspected by a CBP officer at a
U.S. port of entry in Guam or the CNMI.
(B) Not a determination of visa eligibility. A determination under
the Guam-CNMI Visa Waiver Program that an alien is not eligible to
travel to Guam or the CNMI under the Guam-CNMI Visa Waiver Program is
not a determination that the alien is ineligible for a visa to travel
to Guam, the CNMI, or the United States and does not preclude the alien
from applying for a visa before a United States consular officer.
(C) Revocation. A determination under the Guam-CNMI Visa Waiver
Program that an alien is eligible to travel to Guam or the CNMI to
apply for admission under the Guam-CNMI Visa Waiver Program may be
revoked at the discretion of the Secretary.
(10) Severability. The provisions of paragraphs (q) and (r) of this
section are separate and severable from one another. If any provision
is stayed or determined to be invalid, the remaining provisions shall
continue in effect.
(r) Aliens admissible under the Commonwealth of the Northern
Mariana Islands (CNMI) Economic Vitality & Security Travel
Authorization Program (EVS-TAP)--(1) Description. In accordance with
Public Law 110-229, the Secretary, in consultation with the Secretaries
of the Departments of the Interior and State, may waive the visa
requirement in the case of a nonimmigrant alien who seeks admission to
Guam or the Commonwealth of the Northern Mariana Islands (CNMI). The
requirements for the Guam-CNMI Visa Waiver program are set forth in
paragraph (q) of this section. Also in accordance with Public Law 110-
229 and the process provided therein, the Secretary may add countries
to the list of those whose nationals may obtain a visa waiver, with any
special
[[Page 3329]]
requirements the Secretary may impose. The CNMI Economic Vitality &
Security Travel Authorization Program (EVS-TAP) is a restricted travel
authorization sub-program of the Guam-CNMI Visa Waiver Program that
allows a nonimmigrant alien who is a national of the People's Republic
of China (PRC) to be admitted to the CNMI only without a visa in
specified circumstances. A visa is still required for a nonimmigrant
alien who is a national of the PRC seeking to be admitted to Guam.
(2) Eligibility. To be admissible under the CNMI EVS-TAP, prior to
embarking on a carrier for travel to the CNMI, the nonimmigrant alien
must:
(i) Be a national of the PRC;
(ii) Be classifiable as a visitor for business or pleasure;
(iii) Be solely entering and staying on the CNMI for a period not
to exceed 14 days;
(iv) Be in possession of a round trip ticket that is nonrefundable
and nontransferable and bears a confirmed departure date not exceeding
14 days from the date of admission to the CNMI. ``Round trip ticket''
includes any return trip transportation ticket issued by a
participating carrier, electronic ticket record, airline employee
passes indicating return passage, individual vouchers for return
passage, group vouchers for return passage for charter flights, or
military travel orders which include military dependents for return to
duty stations outside the United States on U.S. military flights;
(v) Receive an electronic travel authorization from CBP pursuant to
paragraph (r)(9) of this section;
(vi) Be in possession of a completed and signed I-94 (see Sec.
1.4), Arrival-Departure Record (CBP Form I-94);
(vii) Be in possession of a valid unexpired ICAO compliant, machine
readable passport issued by the PRC;
(viii) Have not previously violated the terms of any prior
admissions or parole;
(ix) Waive any right to review or appeal an immigration officer's
determination of admissibility at the port of entry into the CNMI; and
(x) Waive any right to contest any action for deportation or
removal, other than on the basis of: an application for withholding of
removal under section 241(b)(3) of the INA; withholding or deferral of
removal under the regulations implementing Article 3 of the United
Nations Convention Against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment; or, after December 31, 2029, an
application for asylum if permitted under section 208 of the Act.
(3) Suspension or Discontinuation of Program. (i) The Secretary may
suspend the CNMI EVS-TAP for good cause including, but not limited to
the following circumstances: (A) The admissions of visitors from the
PRC have resulted in an unacceptable number of visitors from the PRC
remaining unlawfully in the CNMI, unlawfully obtaining entry to other
parts of the United States, or seeking withholding of removal or
asylum; or (B) Visitors from the PRC pose a risk to law enforcement or
security interests, including the enforcement of immigration laws of
the CNMI or the United States.
(ii) The Secretary, in consultation with the Secretary of the
Interior and the Secretary of State, may also discontinue the CNMI EVS-
TAP based on the evaluation of all factors the Secretary deems relevant
including, but not limited to, electronic travel authorization,
procedures for reporting lost and stolen passports, repatriation of
aliens, rates of refusal for nonimmigrant visitor visas, overstays,
exit systems, and information exchange.
(4) Ineligibility due to admission under the CNMI EVS-TAP.
Admission under this section renders an alien ineligible for:
(i) Adjustment of status to that of a temporary resident or, except
as provided by section 245(i) of the Act or as an immediate relative as
defined in section 201(b) of the Act, to that of a lawful permanent
resident.
(ii) Change of nonimmigrant status; or
(iii) Extension of stay.
(5) Requirements for transportation lines. A transportation line
bringing any alien to the CNMI pursuant to this section must:
(i) Enter into a contract on CBP Form I-760, made by the
Commissioner of U.S. Customs and Border Protection on behalf of the
government;
(ii) Transport an alien only if the alien is a national of the PRC
and is in possession of a valid unexpired ICAO compliant, machine
readable passport issued by the PRC;
(iii) Transport an alien only if the alien is in possession of a
round trip ticket as defined in paragraph (r)(2)(iv) of this section
bearing a confirmed departure date not exceeding 14 days from the date
of admission to the CNMI which the carrier will unconditionally honor
when presented for return passage. This ticket must be:
(A) Valid for a period of not less than one year,
(B) Nonrefundable except in the country in which issued or in the
country of the alien's nationality or residence, and
(C) Issued by a carrier which has entered into an agreement
described in paragraph (r)(5) of this section.
(iv) Transport an alien only if the alien has received electronic
travel authorization from CBP pursuant to paragraph (r)(9) of this
section.
(6) [Reserved.]
(7) Maintenance of status--satisfactory departure. If an emergency
prevents an alien admitted under the CNMI EVS-TAP, as set forth in this
paragraph (r), from departing from the CNMI within the alien's period
of authorized stay, an immigration officer having jurisdiction over the
place of the alien's temporary stay may, in the officer's discretion,
grant a period of satisfactory departure not to exceed 15 days. If
departure is accomplished during that period, the alien is to be
regarded as having satisfactorily accomplished the visit without
overstaying the allotted time.
(8) Inadmissibility and Deportability--(i) Determinations of
inadmissibility. (A) An alien who applies for admission under the
provisions of the CNMI EVS-TAP, who is determined by an immigration
officer to be inadmissible to the CNMI under one or more of the grounds
of inadmissibility listed in section 212 of the Act (other than for
lack of a visa), or who is in possession of and presents fraudulent or
counterfeit travel documents, will be refused admission into the CNMI
and removed. Such refusal and removal shall be effected without
referral of the alien to an immigration judge for further inquiry,
examination, or hearing. The provisions of 8 CFR subpart 208 subpart A
shall not apply to an alien present or arriving in the CNMI seeking to
apply for asylum prior to January 1, 2030. No application for asylum
may be filed pursuant to section 208 of the Act by an alien present or
arriving in the CNMI prior to January 1, 2030; however, aliens
physically present in the CNMI during the transition period who express
a fear of persecution or torture only may establish eligibility for
withholding of removal pursuant to INA 241(b)(3) or pursuant to the
regulations implementing Article 3 of the United Nations Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.
(B) The removal of an alien under this section may be deferred if
the alien is paroled into the custody of a Federal, State, or local law
enforcement agency for criminal prosecution or punishment. This section
in no way diminishes the discretionary authority of the Secretary
enumerated in section 212(d) of the Act.
[[Page 3330]]
(C) Refusal of admission under this paragraph shall not constitute
removal for purposes of the Act.
(ii) Determination of deportability. (A) An alien who has been
admitted to the CNMI under the provisions of this section who is
determined by an immigration officer to be deportable from the CNMI
under one or more of the grounds of deportability listed in section 237
of the Act, shall be removed from the CNMI to the alien's country of
nationality or last residence. Such removal will be determined by DHS
authority that has jurisdiction over the place where the alien is
found, and will be effected without referral of the alien to an
immigration judge for a determination of deportability. The provisions
of 8 CFR part 208 subpart A shall not apply to an alien present or
arriving in the CNMI seeking to apply for asylum prior to January 1,
2030. No application for asylum may be filed pursuant to section 208 of
the INA by an alien present or arriving in the CNMI prior to January 1,
2030; however, aliens physically present or arriving in the CNMI prior
to January 1, 2030, may apply for withholding of removal under section
241(b)(3) of the Act and withholding and deferral of removal under the
regulations implementing Article 3 of the United Nations Convention
Against Torture, Inhuman or Degrading Treatment or Punishment.
(B) Removal by DHS under paragraph (r)(8)(ii)(A) of this section is
equivalent in all respects and has the same consequences as removal
after proceedings conducted under section 240 of the Act.
(iii) Removal of inadmissible aliens who arrived by air or sea.
Removal of an alien from the CNMI under this section may be effected
using the return portion of the round trip passage presented by the
alien at the time of entry to the CNMI. Such removal shall be on the
first available means of transportation to the alien's point of
embarkation to the CNMI. Nothing in this part absolves the carrier of
the responsibility to remove any inadmissible or deportable alien at
carrier expense, as provided in the carrier agreement.
(9) Electronic Travel Authorization--(i) Travel authorization
required. Each nonimmigrant alien intending to travel to the CNMI under
the CNMI EVS-TAP as described in paragraph (r)(1) of this section must,
within the time specified in paragraph (r)(9)(ii) of this section,
receive a travel authorization from CBP, which is a positive
determination of eligibility to travel to the United States under the
CNMI EVS-TAP. In order to receive a travel authorization, each
nonimmigrant alien intending to travel to the CNMI under the CNMI EVS-
TAP must provide the information set forth in paragraph (r)(9)(iii) of
this section electronically to CBP, in English, in the manner specified
herein.
(ii) Time. Each alien falling within the provisions of paragraph
(r)(9)(i) of this section must receive a travel authorization prior to
embarking on a carrier for travel to the CNMI.
(iii) Required elements. CBP will collect such information as the
Secretary deems necessary to issue a travel authorization, as reflected
by the electronic CNMI EVS-TAP application questions.
(iv) Duration--(A) General rule. A travel authorization issued
under the CNMI EVS-TAP will be valid for a period of one year from the
date of issuance.
(B) Exceptions. If the passport of the authorized alien will expire
in less than one year but greater than six months, the authorization
will be valid until six months prior to the expiration date of the
passport. Travelers whose passports will expire in six months or less
will not receive a travel authorization.
(C) Changes to the validity period. The Secretary, in consultation
with the Secretary of State, may increase or decrease the CNMI EVS-TAP
travel authorization validity period otherwise authorized by paragraph
(r)(9)(iv)(A) of this section. Notice of any change to the CNMI EVS-TAP
travel authorization validity period will be published in the Federal
Register. The CNMI EVS-TAP website will be updated to reflect the
travel authorization validity period.
(v) New travel authorization required. A new travel authorization
is required if any of the following occurs:
(A) The alien is issued a new passport;
(B) The alien's name changes;
(C) The alien's gender changes;
(D) The alien's country of citizenship changes; or
(E) The circumstances underlying the alien's previous responses to
any of the CNMI EVS-TAP questions requiring a ``yes'' or ``no''
response (eligibility questions) have changed.
(vi) Limitations--(A) Current authorization period. A travel
authorization under the CNMI EVS-TAP is a positive determination that
an alien is eligible, and grants the alien permission, to travel to the
CNMI under the CNMI EVS-TAP and to apply for admission under the CNMI
EVS-TAP during the period of time the travel authorization is valid. A
travel authorization under the CNMI EVS-TAP is not a determination that
the alien is admissible to the CNMI. A determination of admissibility
is made only after an applicant for admission is inspected by a CBP
officer at a U.S. port of entry in the CNMI.
(B) Not a determination of visa eligibility. A determination under
the CNMI EVS-TAP that an alien is not eligible to travel to the CNMI
under the CNMI EVS-TAP is not a determination that the alien is
ineligible for a visa to travel to the CNMI and does not preclude the
alien from applying for a visa before a United States consular officer.
(C) Revocation. A determination under the CNMI EVS-TAP that an
alien is eligible to travel to the CNMI to apply for admission under
the CNMI EVS-TAP may be revoked at the discretion of the Secretary.
(10) Severability. The provisions of paragraphs (q) and (r) of this
section are separate and severable from one another. If any provision
is stayed or determined to be invalid, the remaining provisions shall
continue in effect.
(11) Implementation date. The requirements of this paragraph will
take effect 45 days after the publication by the Secretary of
notification in the Federal Register announcing the implementation of
CNMI EVS-TAP.
PART 214--NONIMMIGRANT CLASSES
0
3. The authority citation for part 214 continues to read as follows:
Authority: 6 U.S.C. 202, 236; 8 U.S.C. 1101, 1102, 1103, 1182,
1184, 1186a, 1187, 1221, 1281, 1282, 1301-1305 and 1372; sec. 643,
Pub. L. 104-208, 110 Stat. 3009-708; Pub. L. 106-386, 114 Stat.
1477-1480; section 141 of the Compacts of Free Association with the
Federated States of Micronesia and the Republic of the Marshall
Islands, and with the Government of Palau, 48 U.S.C. 1901 note and
1931 note, respectively; 48 U.S.C. 1806; 8 CFR part 2; Pub. L. 115-
218.
0
4. Section 214.1 is amended by revising paragraph (c)(3)(viii), to read
as follows:
Sec. 214.1 Requirements for admission, extension, and maintenance of
status.
* * * * *
(c) * * *
(3) * * *
(viii) Any nonimmigrant admitted pursuant to the Guam-CNMI Visa
Waiver Program, or its sub-program, the CNMI Economic Vitality &
Security Travel Authorization Program (EVS-TAP), as provided in section
212(l) of the Act.
* * * * *
PART 233--CONTRACTS WITH TRANSPORTATION LINES
0
5. The authority citation for part 233 continues to read as follows:
[[Page 3331]]
Authority: 8 U.S.C. 1101, 1103, 1182, 1221, 1228, 1229, 8 CFR
part 2.
0
6. Section 233.6 is revised to read as follows:
Sec. 233.6 Aliens entering Guam or the Commonwealth of the Northern
Mariana Islands pursuant to Title VII of Public Law 110-229,
``Consolidated Natural Resources Act of 2008.''
A transportation line bringing aliens to Guam or the Commonwealth
of the Northern Mariana Islands under the visa waiver provisions of
Sec. 212.1(q) of this chapter or to the Commonwealth of the Northern
Mariana Islands under the visa waiver provisions of Sec. 212.1(r) of
this chapter must enter into an agreement on CBP Form I-760. Such
agreements must be negotiated directly by U.S. Customs and Border
Protection and head offices of the transportation lines.
Alejandro N. Mayorkas,
Secretary of Homeland Security.
[FR Doc. 2024-00645 Filed 1-17-24; 8:45 am]
BILLING CODE 9111-14-P
