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![handle is hein.usfed/cusbul0060 and id is 1 raw text is: U.S. Customs and
Border Protection
CBP Decisions
8 CFR Part 217
[USCBP-2008-0003; CBP Dec. No. 08-18]
RIN 1651-AA72
Changes to the Visa Waiver Program To Implement the
Electronic System for Travel Authorization (ESTA) Program
AGENCY: Customs and Border Protection, DHS.
ACTION: Interim final rule; solicitation of comments.
SUMMARY: This rule amends Department of Homeland Security
(DHS) regulations to implement the Electronic System for Travel
Authorization (ESTA) requirements under section 711 of the Imple-
menting Recommendations of the 9/11 Commission Act of 2007, for
aliens who wish to enter the United States under the Visa Waiver
Program (VWP) at air or sea ports of entry. This rule establishes
ESTA and delineates the data fields DHS has determined will be col-
lected by the system.
As required under section 711 of the Implementing Recommenda-
tions of the 9/11 Commission Act of 2007, the Secretary of Homeland
Security will announce implementation of a mandatory ESTA sys-
tem by publication of a notice in the Federal Register no less than
60 days before the date on which ESTA becomes mandatory fbr all
\FWP travelers. Once ESTA is mandatory, all VWP travelers must ei-
ther obtain travel authorization in advance of travel under ESTA or
obtain a visa prior to traveling to the United States.
Currently, aliens from VWP countries must provide certain bio-
graphical information to U.S. Customs and Border Protection (CBP)
Officers at air and sea ports of entry on a paper form Nonimmigrant
Alien Arrival/Departure (Form 1-94W). Under this interim final
rule, VWP travelers will provide the same information to CBP elec-
tronically before departing for the United States. Once ESTA is man-
datory and all carriers are capable of receiving and validating mes-
sages pertaining to the traveler's ESTA status as part of the
traveler's boarding status, DHS will eliminate the 1-94W require-](ViewImageLocal?handle=hein.usfed/cusbul0060&div=1&collection=&method=preview&ext=.png&size=3)