Automation of CBP Form I-418 for Vessels

CourtU.s. Customs And Border Protection
Citation86 FR 73618
Record Number2021-27571
Publication Date28 December 2021
Federal Register, Volume 86 Issue 246 (Tuesday, December 28, 2021)
[Federal Register Volume 86, Number 246 (Tuesday, December 28, 2021)]
                [Rules and Regulations]
                [Pages 73618-73631]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-27571]
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                DEPARTMENT OF HOMELAND SECURITY
                8 CFR Parts 251 and 258
                U.S. Customs and Border Protection
                19 CFR Part 4
                [Docket No. USCBP-2021-0046; CBP Dec. No. 21-19]
                RIN 1651-AB18
                Automation of CBP Form I-418 for Vessels
                AGENCY: U.S. Customs and Border Protection, DHS.
                ACTION: Interim final rule; solicitation of comments.
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                SUMMARY: This rule amends the regulations in title 8 and title 19 of
                the Code of Federal Regulations (CFR) regarding the submission of U.S.
                Customs and Border Protection (CBP) Form I-418, Passenger List--Crew
                List (Form I-418) in paper form. Currently, the master or agent of
                every commercial vessel arriving in the United States, with limited
                exceptions, must submit Form I-418, along with certain information
                regarding longshore work, in paper form to CBP at the port where
                immigration inspection is performed. Most commercial vessel operators
                are also required to submit a paper Form I-418 to CBP at the final U.S.
                port prior to departing for a foreign place. DHS is modifying the
                applicable regulations to provide for the electronic submission of Form
                I-418. Under this rule, vessel operators will be required to
                electronically submit the data elements on Form I-418 to CBP through an
                electronic data interchange system (EDI) approved by CBP in lieu of
                submitting a paper form. This will streamline vessel arrival and
                departure processes by providing for the electronic submission of the
                information collected
                [[Page 73619]]
                on the Form I-418, eliminating redundant data submissions, simplifying
                vessel inspections, and automating recordkeeping.
                DATES:
                 Effective date: This rule is effective February 28, 2022.
                 Comments due date: Comments must be received on or before February
                28, 2022.
                ADDRESSES: You may submit comments, identified by docket number, by the
                following method:
                 Federal eRulemaking Portal: http://www.regulations.gov.
                Follow the instructions for submitting comments via docket number
                USCBP-2021-0046.
                 Due to COVID-19-related restrictions, CBP has temporarily suspended
                its ability to receive public comments by mail.
                 Instructions: All submissions received must include the agency name
                and docket number for this rulemaking. All comments received will be
                posted without change to http://www.regulations.gov, including any
                personal information provided. For detailed instructions on submitting
                comments and additional information on the rulemaking process, see the
                ``Public Participation'' heading of the Supplementary Information
                section of this document.
                 Docket: For access to the docket to read background documents or
                comments received, go to http://www.regulations.gov. Due to relevant
                COVID-19-related restrictions, CBP has temporarily suspended on-site
                public inspection of submitted comments.
                FOR FURTHER INFORMATION CONTACT: For title 8 of the Code of Federal
                Regulations inquiries, contact Stephen Dearborn, Enforcement Programs
                Division, Admissibility and Passenger Programs, Office of Field
                Operations, [email protected] or (202) 344-1707; for title
                19 of the Code of Federal Regulations inquiries, contact Brian Sale,
                Manifest and Security Division, Cargo and Conveyance Security, Office
                of Field Operations, [email protected] or (202) 325-3338.
                SUPPLEMENTARY INFORMATION:
                Table of Contents
                I. Public Participation
                II. Background
                 A. Overview
                 B. Current Commercial Vessel Arrival and Departure Processing
                 C. Form I-418 Automation Test Program
                 D. Form I-418 Automation Regulations
                 E. Discussion of Regulatory Changes
                 1. 8 CFR part 251
                 2. 8 CFR part 258
                 3. 19 CFR part 4
                III. Statutory and Regulatory Requirements
                 A. Administrative Procedure Act
                 B. Executive Order 13563 (Improving Regulation and Regulatory
                Review) and Executive Order 12866 (Regulatory Planning and Review)
                 C. Regulatory Flexibility Act
                 D. Unfunded Mandates Reform Act of 1995
                 E. Executive Order 13132
                 F. Executive Order 12988 Civil Justice Reform
                 G. Paperwork Reduction Act
                 H. Privacy Interests
                List of Subjects
                Amendments to the Regulations
                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 U.S.
                Customs and Border Protection (CBP) 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,
                information, or authority that support such recommended change.
                II. Background
                A. Overview
                 As discussed in detail below, current regulations require
                commercial vessels and their operators \1\ to meet several data
                submission requirements when arriving in the United States from a
                foreign place or outlying possession of the United States and when
                departing the United States for a foreign place or outlying possession
                of the United States. Both CBP and the U.S. Coast Guard (USCG) collect
                information in these contexts, and many of the data elements that the
                two agencies collect overlap. Some of this data must be submitted
                electronically, while some of it must be submitted on paper, such as
                the Form I-418, Passenger List--Crew List. See section 251.5 of title 8
                of the Code of Federal Regulations (8 CFR 251.5). Through this rule,
                CBP is streamlining the vessel arrival and departure processes by
                eliminating redundant data submissions, providing for the electronic
                submission of the information collected on the Form I-418, simplifying
                vessel inspections, and automating recordkeeping for the Form I-418.
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                 \1\ For the purposes of this document, vessel ``operators''
                include masters or commanding officers, or authorized agents,
                owners, or consignees.
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                 The USCG requires commercial vessel operators to submit a Notice of
                Arrival (NOA) to the National Vessel Movement Center (NVMC) \2\ through
                its electronic Notice of Arrival/Departure (eNOA/D) system or via email
                in advance of U.S. arrival.\3\ See 33 CFR 160.201-216. In addition to
                other data elements, each NOA must include information on the crew and
                passengers on board the vessel. See 33 CFR 160.206(a). Upon
                satisfactory submission, USCG processes the information via the eNOA/D
                web portal and then the system automatically transmits it to CBP as an
                Advance Passenger Information System (APIS) manifest. An APIS manifest
                is a CBP pre-arrival requirement. See 8 CFR 231.1(a) and 19 CFR 4.7b.
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                 \2\ The NVMC was established by USCG in 2001 to operate as a
                single clearinghouse for the submission and processing of notice of
                arrival and departure information for vessels entering and departing
                U.S. ports and facilities.
                 \3\ When a vessel operator is in an area without internet access
                or experiences technical difficulties, and he or she has no shore-
                side support available, the vessel operator may fax or phone the
                submission to the NVMC. See 33 CFR 160.210(a).
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                 In addition to the APIS manifest data, which must be submitted
                electronically to CBP prior to arrival, DHS regulations require the
                master or agent of every vessel arriving in the United States from a
                foreign place or outlying possession of the United States, with the
                exception of certain vessels in the Great Lakes, to present a manifest
                of all crewmen onboard, on a Form I-418, to CBP at the port of entry
                where immigration inspection is performed.4 5 See 8 CFR
                251.1(a)(1). Manifest information collected on the Form I-418 includes
                details about the passengers and crewmen on board the vessel and
                whether any of the crewmen will be performing longshore work at any
                U.S. port before the vessel departs from the United States. See 8 CFR
                251.1. If longshore work is to be performed, Form I-418 requires the
                vessel operator to note which exception of the Immigration and
                Nationality Act permits the work. See 8 CFR 251.1(a)(2)(ii) and 258.2.
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                 \4\ For more information on the exemptions for certain Great
                Lakes vessels, see 8 CFR 251.1(a)(3).
                 \5\ Due to the high volume of crew and passengers on cruise
                ships, cruise ship operators generally submit the two signature
                pages of the Form I-418 on paper along with a compact disc
                containing their passenger and crew manifest details.
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                 If manifest information changes after the initial submission, the
                vessel operator must update the APIS manifest electronically through
                the eNOA/D system. See 19 CFR 4.7b(b)(2)(ii). Additionally, a CBP
                officer at the coastwise port generally updates the vessel's original
                paper Form I-418 to reflect any changes.
                [[Page 73620]]
                 Upon departure from the United States, USCG collects updated
                manifest information from commercial vessel operators via a Notice of
                Departure (NOD) submitted to the NVMC through eNOA/D or another
                electronic format. See 33 CFR 160.201-216. Also at the time of
                departure, CBP requires vessel operators to update their original paper
                Form I-418 submission to include a list of departing crew, crew
                changes, and trip departure details.\6\ See 8 CFR 251.3. A CBP officer
                at the port of departure typically verifies any changes to the Form I-
                418 information and sends the updated form to the vessel's first port
                of arrival for final data reconciliation and recordkeeping purposes.
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                 \6\ Certain Great Lakes vessels are also exempt from this
                requirement. See 8 CFR 251.3(b).
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                 Despite similarities in the vessel arrival and departure data
                submitted in accordance with the Form I-418, APIS, and USCG
                requirements, data transmitted electronically, such as through eNOA/D,
                does not satisfy the current Form I-418 regulatory requirements, which
                state that Form I-418 must be submitted in paper format. See 8 CFR
                251.5. As described in depth below, these overlapping submission
                requirements create a substantial burden on vessel operators, and the
                maintenance, verification, and storage of the paper Form I-418 is a
                significant burden on CBP officers and the agency as a whole.
                 To reduce redundant data submissions and to ease burdens on vessel
                operators and the agency itself, CBP is modifying its regulations to
                allow for the electronic submission of Form I-418 only. The updated
                regulations require vessel operators to submit the data elements
                required on Form I-418 electronically via an electronic data
                interchange system (EDI) approved by CBP. Presently, the CBP-approved
                EDI is eNOA/D. Data submitted via eNOA/D will be automatically
                transmitted to CBP, which will use the information to populate an
                electronic version of the Form I-418.\7\ The information currently
                collected through eNOA/D will satisfy the required data elements for
                populating the electronic version of the Form I-418 for CBP's purposes.
                The act of electronically submitting the data elements required on Form
                I-418 constitutes the Master's certification that CBP baggage
                declaration requirements have been made known to incoming passengers;
                that any required CBP baggage declarations have been or will
                simultaneously be filed as required by law and regulation with the
                proper CBP officer; that the responsibilities of the vessel operator
                have been or will be done as required by law or regulation before the
                proper CBP officer; and that there are no steerage passengers on board
                the vessel. As explained further below, CBP will no longer collect the
                vessel operator's signature for the Master's certification during
                inspection. The electronically submitted information will then be
                reviewed and confirmed by the inspecting CBP officer. This rule will
                streamline vessel arrival and departure processes by eliminating
                redundant data submissions, simplifying vessel inspections, and
                automating recordkeeping. Any changes regarding the CBP-approved EDI
                will be announced in a notice published in the Federal Register.
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                 \7\ The embark date required on Form I-418 is transmitted to CBP
                via eNOA/D. The disembark date/date separated (i.e., the date when a
                crewmember permanently departs the vessel) is calculated by CBP.
                This rule does not change this practice.
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                B. Current Commercial Vessel Arrival and Departure Process
                 Commercial vessels arriving at and departing from U.S. ports of
                entry must comply with statutory and regulatory requirements to engage
                in U.S. trade.\8\ Commercial vessels, regardless of whether they are
                cargo, non-cargo,\9\ or cruise ships, traveling to a U.S. port of entry
                from a foreign port or place must begin their trip by submitting
                certain manifest information electronically to USCG and CBP prior to
                arrival. Once at a U.S. port of entry, commercial vessels must submit
                additional information and undergo customs and immigration inspections
                and processing. These arrival requirements vary by commercial vessel
                type and slightly differ by port of entry.
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                 \8\ The regulatory requirements concerning how and when a vessel
                operator must submit an I-418 are contained in parts 251 and 258 of
                title 8 of the Code of Federal Regulations, and in part 4 of title
                19 of the Code of Federal Regulations.
                 \9\ For the purposes of this document, non-cargo commercial
                vessels include all commercial vessels other than cargo ships and
                cruise ships. Tugboats fall under this classification.
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                1. Cargo and Non-Cargo Vessels
                 In general, upon a cargo or non-cargo vessel's arrival, CBP
                officers at the port of entry travel to the vessel's docking station
                and board it. Next, CBP requests and reviews the vessel's entry and
                manifest documentation, along with passenger and crew passports and
                visas. For manifest verification, the vessel's operator or agent
                typically submits two copies of the vessel's passenger and crew
                manifest using Form I-418 to the CBP officers aboard the vessel. CBP
                uses the paper Form I-418 for crew and passenger admissibility
                inspections and processing.
                 During the admissibility inspection process, a CBP officer verifies
                the actual crew and passengers on hand and those departing the vessel
                using a copy of the paper Form I-418, the previously submitted APIS
                manifest, pre-arrival screening results, and passports and visas.
                Barring any unresolvable issues, the CBP officer annotates the
                inspection results, including any discrepancies, on the paper Form I-
                418 submissions. The CBP officer collects the vessel operator's
                signature on the form and signs and stamps the documents. The CBP
                officer then provides one copy of the signed, stamped, and annotated
                Form I-418 to the vessel operator to use during coastwise travel and
                upon departure from the United States. The CBP officer at the first
                port of arrival retains the other copy of the original signed, stamped,
                and annotated Form I-418 for subsequent data reconciliation and
                recordkeeping purposes.
                 After the admissibility inspections and processing are complete,
                the CBP officers disembark the vessel, travel back to their port
                office, manually record the results of their inspections and related
                actions into CBP data systems, and send applicable Form I-418
                supporting documentation, to the next port of arrival.
                 Once granted entry, the vessel may engage in further coastwise
                travel within the territorial waters of the United States or depart the
                United States. If manifest information changes after initial
                submission, the vessel operator must update the APIS manifest
                electronically through the eNOA/D system. The vessel operator must also
                present the initial signed, stamped, and annotated Form I-418 copy to a
                CBP officer when requested at a coastwise port of arrival.\10\ The CBP
                officers at these subsequent ports of arrival update the Form I-418 to
                reflect any manifest changes, verify new supporting documentation if
                applicable, take admissibility actions as necessary, and provide the
                updated Form I-418 to the vessel operator for further U.S. travel and
                ultimate departure. The CBP officers at each coastwise port send a copy
                of the updated Form I-418 to the vessel's first port of arrival for
                data reconciliation and recordkeeping purposes.
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                 \10\ Per sections 235 and 252 of the Immigration and Nationality
                Act, CBP may board and inspect vessels at subsequent coastwise ports
                of arrival. See 8 U.S.C. 1225(d); See also 8 U.S.C. 1282.
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                 Upon departure from the United States, USCG requires commercial
                vessel operators to submit a NOD to
                [[Page 73621]]
                NVMC through eNOA/D or another electronic format. CBP requires these
                vessel operators to update their APIS manifest electronically through
                the eNOA/D system; update their paper Form I-418 to include a list of
                departing crew, crew changes, and trip departure details; and submit
                the paper Form I-418 to CBP. A CBP officer at the port of departure
                verifies any additional modifications to the form information and sends
                the completed Form I-418 and supporting documentation to the vessel's
                first port of arrival. There, a CBP officer manually reconciles the
                original Form I-418 retained during the initial arrival inspection with
                the subsequently updated versions of the form and related
                documentation.
                 CBP officers spend considerable time vetting pre-arrival data,
                traveling to/from a vessel, boarding/disembarking the ship, and
                conducting admissibility inspections and processing. In addition, CBP
                officers typically spend 120 minutes (2 hours) performing post-
                inspection processing for each vessel's paper Form I-418 submission
                from arrival to departure.\11\ This includes the time CBP spends
                manually recording form information and actions into CBP systems,
                communicating between ports of arrival and departure, manually
                validating and reconciling data, gathering and sending supporting
                documentation, physically storing and shipping the manifest package,
                and tracking the manifest package.
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                 \11\ Source: Correspondence with CBP's Office of Field
                Operations on November 6, 2020.
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                2. Cruise Ships
                 Cruise ships follow slightly different procedures from cargo and
                non-cargo vessels upon arriving at a U.S. port of entry. At their first
                port of arrival, cruise ship crewmembers and passengers generally
                offload the ship at a designated terminal, where CBP officers are
                stationed and readily available to conduct customs and immigration
                inspections and processing. Under the standard arrival process, the
                cruise ship operator generally provides two copies of Form I-418's
                complete passenger and crew manifest with all printed pages.\12\ Cruise
                ship operators arriving at some POEs submit just two copies of the two
                signature pages of the paper Form I-418 and a compact disc of the
                manifest in lieu of submitting numerous pages of paper to CBP.
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                 \12\ An unknown number of cargo and non-cargo vessel operators
                and cruise ship operators arriving/departing at some POEs may
                provide additional copies of the Form I-418 to CBP during each
                standard arrival/departure. Source: Email correspondence with CBP's
                Office of Field Operations on November 18, 2020.
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                 During the standard admissibility inspection process, a CBP officer
                validates and verifies the cruise ship's actual crew and passengers on
                hand and those departing the vessel generally using the Form I-418, the
                previously submitted APIS manifest, pre-arrival screening results, and
                passports and visas. Any inspection results and admission/landing
                rights from such processing are directly recorded into CBP data
                systems. During cruise ship crew and passenger processing, the CBP
                officer also collects the vessel operator's signature on the form
                copies, signs and stamps the documents. The CBP officer then provides
                one copy of the signed and stamped Form I-418 or signature pages for
                the vessel operator to retain and use in coastwise travel and upon
                departure from the United States. The CBP officer at the first port of
                arrival retains the other copy of the signed, stamped, and annotated
                Form I-418 or signature pages for subsequent data reconciliation and
                recordkeeping purposes.
                 Once granted entry, the cruise ship may engage in further coastwise
                travel or depart the United States. If manifest information changes
                during coastwise movement, the vessel operator must update the APIS
                manifest electronically through the eNOA/D system. The vessel operator
                must also present the initial signed, stamped, and annotated Form I-418
                signature pages to a CBP officer at each coastwise port of arrival upon
                request. The CBP officers at these subsequent ports of arrival review
                the Form I-418 or signature pages and update CBP data systems to
                reflect any manifest changes, verify new, applicable supporting
                documentation, take admissibility actions as necessary, and provide the
                Form I-418 or signature pages to the vessel operator for further U.S.
                travel.
                 As discussed above, upon departure from the United States, USCG
                requires commercial vessel operators to submit a NOD to the NVMC
                through eNOA/D or another electronic format. CBP requires these vessel
                operators to update their APIS manifest electronically through an
                approved system (currently, the eNOA/D system) and submit the two
                signature pages of the signed and stamped Form I-418 to CBP. See 8 CFR
                251.3. A CBP officer at the port of departure verifies any additional
                modifications to the form information and sends the completed Form I-
                418 signature page and supporting documentation to the vessel's first
                port of arrival. There, a CBP officer manually reconciles the original
                Form I-418 signature page, supporting documentation, and manifest
                compact disc with the subsequently updated versions of the form and
                related documentation.
                 In addition to time spent vetting pre-arrival data and conducting
                admissibility inspections and processing, CBP officers spend an average
                of 20 minutes (0.333 hours) performing post-inspection processing for
                each cruise ship's Form I-418 submission from arrival to departure.\13\
                This includes the time CBP spends manually validating and reconciling
                data, gathering supporting documentation, communicating between ports
                of arrival and departure (when necessary), physically storing and
                shipping the manifest package, and tracking the manifest package (when
                necessary).
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                 \13\ Source: Email correspondence with CBP's Office of Field
                Operations on June 2, 2020.
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                3. Additional Form I-418 Requirements for Vessels Under Title 19 CFR
                 Part 4 of title 19 of the CFR provides additional requirements as
                to when and how a vessel operator must submit Form I-418. Under 19 CFR
                4.7(a), the master of every vessel arriving in the United States and
                required to make entry must have on board a manifest that includes Form
                I-418. In some instances, a vessel operator may submit a Form I-418 in
                lieu of the Crew's Effects Declaration, CBP Form 1304, with supporting
                documentation. See 19 CFR 4.7(a), 4.7a(b)(2), and 4.81(d). However,
                when given the option, most vessel operators submit CBP Form 1304
                instead of Form I-418 with additional supporting documentation, such as
                individual CBP Forms 5129, Crew Member's Declaration.
                C. Form I-418 Automation Test Program
                 Recognizing the need to reduce redundant data collection and
                implement a seamless process to receive and use vessel arrival and
                departure information under various regulations, CBP developed a
                voluntary Form I-418 automation test program. The program tested CBP's
                ability to gather and reconcile information submitted for eNOA/D, APIS,
                and other electronic purposes for use in generating an automated,
                electronic Form I-418. CBP implemented this test in two phases as
                described below. The test varied somewhat across participating ports.
                Although the automated test program is still in operation at many ports
                of entry, the test program will be replaced by the regulatory program
                addressed in this rule.
                [[Page 73622]]
                 CBP launched the first phase of the voluntary automation test
                program at four ports of entry in January 2011. The first phase allowed
                CBP officers and ports to evaluate the submission of Form I-418 data in
                both electronic and paper format to verify the similarity of
                information captured and identify any anomalies in the methods used.
                Moreover, it allowed CBP officers to rely solely on electronic manifest
                data submissions to build a vessel's departure manifest, thus
                eliminating the need for vessel operators to submit the departure
                manifest in paper format.
                 By June 2011, CBP implemented the second and final phase of the
                voluntary test program, which fully transitioned the submission of Form
                I-418 data to an automated, paperless process for certain commercial
                vessel operators. In place of submitting the required I-418 information
                on the paper Form I-418, vessel operators participating in the I-418
                Automation test program could transmit this data through eNOA/D and
                APIS data submissions. Under the automation test, CBP systems
                automatically compiled eNOA/D, APIS, and any other electronic manifest
                data submitted electronically by test participants prior to arrival and
                at departure into a pre-populated electronic Form I-418. Upon a
                participating cargo or non-cargo vessel's arrival, CBP largely pre-
                vetted the electronic Form I-418 and printed out a paper copy of the
                form for customs and immigration inspection and processing purposes.
                 As with current arrival requirements for cargo and non-cargo
                commercial vessels, a CBP officer then boarded the vessel, conducted
                inspections, annotated the admissibility inspection results on the
                paper Form I-418, collected the vessel operator's signature on the
                form, and signed and stamped the document. Before disembarking the
                vessel, the CBP officer had the vessel operator make a copy of the
                signed, stamped, and annotated paper Form I-418 for further coastwise
                travel and departure. The CBP officer then returned to the port office
                to manually record the inspection results and related actions annotated
                on the original Form I-418 into CBP data systems.
                 For cruise ships participating in the I-418 Automation test
                program, CBP generally pre-vetted the electronic Form I-418, printed
                out a paper copy of the Form I-418's two signature pages, and conducted
                passenger and crew processing like the standard process at a terminal.
                Instead of requiring the submission of a full paper Form I-418 or
                manifest CDs, CBP officers largely conducted arrival inspections and
                processing electronically at the terminal. CBP officers also used the
                two paper Form I-418 signature pages to collect the vessel operator's
                signature and to sign and stamp the pages to generally meet existing
                paper Form I-418 retention requirements.
                 Before departing for their next port of call, test participants
                could transmit any manifest changes subsequent to the initial
                inspection at the port of arrival via the eNOA/D system. These changes
                included, but were not limited to, the sign-on or sign-off of
                crewmembers. As under the standard commercial vessel arrival/departure
                process, a CBP officer at the next port of call verified that the
                information submitted met the vessel's regulatory requirements. Upon
                departure from the United States, a CBP officer at the port of
                departure performed an electronic reconciliation of the vessel's
                arrival, coastwise, and departure manifest data and addressed any
                discrepancies. Then, the officer sent all paper documentation,
                typically via fax, to the first port of arrival.
                 In 2015, CBP migrated to mobile devices that allowed CBP officers
                to electronically conduct Form I-418 processing for cargo and non-cargo
                vessel arrivals (including I-418 Automation test program participants
                and non-participants) at different ports of entry, thereby removing the
                need to print off a paper Form I-418. With these devices, CBP officers
                directly recorded the inspection results and related actions into CBP
                data systems at the time of inspection and processing. In 2016, CBP
                successfully deployed its preexisting electronic signature (hereafter,
                ``e-signature'') capability through its mobile devices at five major
                sea ports of entry. This tool allowed for the electronic collection of
                vessel operator and CBP officer signatures on the Form I-418, which
                removed the need to print off a copy of the Form I-418 and have the
                vessel operator sign it. Despite these streamlined electronic
                processing methods, CBP continued to also record vessel inspection
                results and signatures on the paper form and physically stamp the form
                to meet the regulatory requirements in place regarding the submission
                and retention of paper Form I-418.
                 Most U.S. ports of entry along with approximately 15 percent of
                cargo and non-cargo vessels and 56 percent of cruise ships are fully or
                partially participating in the above-described voluntary automation
                test program, including electronic submissions and e-signature
                capabilities.\14\
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                 \14\ Based on fiscal year (FY) 2019 data.
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                D. Form I-418 Automation Regulatory Program
                 CBP is amending its regulations to require the electronic
                submission of the data elements required on Form I-418 in lieu of its
                current paper form. This will streamline vessel arrival and departure
                processes by eliminating redundant data submissions, simplifying vessel
                inspections, and automating recordkeeping. The updated regulations will
                require vessel operators to electronically submit the data elements
                required on the Form I-418 via an EDI approved by CBP. CBP will
                continue to use the eNOA/D system as the approved EDI. Under this
                process, CBP systems will compile eNOA/D, APIS, and any other
                electronic manifest data submitted by vessel operators to the NVMC
                prior to arrival and at departure into an automated CBP system. CBP
                will use its system for all commercial vessel crew and passenger
                admissibility inspections and processing, and thus generally establish
                a fully paperless passenger and crew list process for all commercial
                vessel arrivals and departures. Any changes to the CBP-approved EDI
                will be announced in a notice published in the Federal Register.
                 With this automated system, for each commercial vessel arrival from
                a foreign port or place, CBP will be able to pre-vet the vessel's
                electronic passenger and crew list, travel to/from and board/disembark
                the vessel (for cargo and non-cargo vessels only), conduct inspections,
                and record the admissibility inspection results and related actions in
                real time using a mobile device or computer station (for the majority
                of cruise ships).\15\ During arrivals/departures processed with mobile
                devices, CBP officers will directly record the inspection results and
                related actions into CBP data systems at the time of inspection and
                processing, eliminating the need for CBP officers to manually input the
                inspection results and related actions into CBP data systems later at
                the port office. CBP will also use the mobile devices to verify the
                electronically submitted data during the inspection process. The
                inspecting CBP officer will no longer collect the vessel operator's
                signature for the Master's certification, as now the act of submitting
                the data electronically will constitute certification. Once the
                passenger and crew list is verified electronically by the inspecting
                CBP officer, CBP will
                [[Page 73623]]
                generate and transmit a read-only copy of the electronic Form I-418,
                only upon request, with an electronic CBP receipt number, by email to
                the vessel operator for use during coastwise movement or upon departure
                from the United States. The verified electronic passenger and crew list
                will also be converted to a writeable file and stored in CBP data
                systems.
                ---------------------------------------------------------------------------
                 \15\ CBP processes the majority of cruise ship arrivals at
                terminals using computer stations; however, CBP now processes some
                cruise ship arrivals using mobile devices.
                ---------------------------------------------------------------------------
                 As in the automation test program, before departing for their next
                port of call, vessel operators will be able to transmit any manifest
                changes subsequent to the vessel's inspection at the first port of
                arrival via the NVMC. A CBP officer at the next port of arrival will
                verify these changes and record all updates, inspection results, and
                related actions in real time in the CBP system using a mobile device or
                computer station. The CBP officer will then save the updated electronic
                passenger and crew list in CBP data systems, and email a read-only copy
                to the vessel operator, if requested. Upon departure from the United
                States, a CBP officer at the port of departure will verify the vessel's
                arrival, coastwise, and departure manifest data, which CBP data systems
                will reconcile automatically, and address any discrepancies.
                Thereafter, the CBP officer will save the completed electronic
                passenger and crew lists in CBP data systems, where it will be stored
                electronically for at least five years. In the limited instances where
                a paper Form I-418 is submitted, CBP will continue its current process
                of collecting, verifying, and physically storing all paper Form I-418
                supporting documentation.
                E. Discussion of Regulatory Changes
                 DHS is amending parts 251 and 258 of title 8 of the CFR, as well as
                part 4 of title 19 of the CFR, as set forth below, to automate Form I-
                418 and, in some provisions, eliminate the option to submit the Form I-
                418 in lieu of other required forms in order to reflect current trade
                practices and improve efficiency in data submission. The amendments
                also update the regulations to incorporate ``plain language''
                consistent with Executive Order 13563, ``Improving Regulation and
                Regulatory Review'' (76 FR 3821).
                1. 8 CFR Part 251
                 Section 251.1 addresses ``Arrival manifests and lists'' in the
                immigration context. Section 251.1(a) sets out the requirements for
                arrival manifests and lists for vessels. Specifically, this section
                requires the master or agent of every vessel to submit a paper Form I-
                418 to CBP at the port where immigration inspection is performed and
                that the master or agent provide certain information regarding
                longshore work. This section is being amended to reflect the new
                procedure through which the information requested on Form I-418 and
                about longshore work is submitted electronically through an EDI
                approved by CBP. Conforming amendments are being made throughout this
                section to accommodate the new submission process. For instance, where
                the regulations state that the master or agent must ``note on'' the
                manifest certain information about longshore work, the regulations are
                being amended to state that this information must now be ``indicate[d]
                in'' the manifest, because such additional information and annotations
                will generally no longer be collected on a hard copy, but will be done
                through an electronic interface.
                 Section 251.1(a) is also being amended to include two exceptions to
                the new general rule that I-418 and longshore work data be submitted
                electronically. The first exception is where the master or agent of the
                vessel is unable to electronically submit the data elements required on
                Form I-418 via an electronic data interchange system approved by CBP
                due to technical issues, such as when the onboard computer system is
                malfunctioning, or there is no internet access, and there is no shore-
                side support available. The second is where CBP is experiencing
                technical difficulties affecting its receipt or processing of
                electronically submitted information, or where CBP, in its discretion,
                determines that a paper Form I-418 is acceptable under the
                circumstances presented by the master or agent of a vessel. The latter
                includes, but is not limited to, where there is a medical or weather
                emergency, or, in the case of longshore work, when information and
                relevant data cannot be submitted through the eNOA/D system due to its
                format.
                 Lastly, additional minor amendments are being made to section 251.1
                to incorporate ``plain language'' including replacing the word
                ``shall'' with either ``must'' or ``will'', as appropriate.
                 Section 251.3 addresses ``Departure manifests and lists for
                vessels'' in the immigration context. Specifically, this section
                requires the master or agent of every vessel to submit a paper Form I-
                418 to CBP at the port from which the vessel is to depart directly to
                some foreign place or outlying possession of the United States. This
                section is being amended to reflect the new procedure through which the
                information requested on the Form I-418 is submitted electronically
                through an EDI approved by CBP.
                 Section 251.3 is also being amended to include two exceptions to
                the new general rule that I-418 data be submitted electronically. The
                first is where the master or agent of the vessel is unable to
                electronically submit the data elements required on Form I-418 via an
                electronic data interchange system approved by CBP due to technical
                issues, such as when an onboard computer system is malfunctioning. The
                second exception allows for a paper Form I-418 to be submitted when CBP
                is experiencing technical issues or where CBP, in its discretion,
                determines that a paper Form I-418 is acceptable under the
                circumstances presented by the master or agent of a vessel.
                 Section 251.5 requires the master or commanding officer, or
                authorized agent, owner, or consignee, of a commercial vessel or
                commercial aircraft arriving in or departing from the United States to
                submit arrival and departure manifests in a paper format in accordance
                with Sec. Sec. 251.1, 251.3, and 251.4. This section is being amended
                to remove references to paper, as this information will now be
                submitted electronically in the vessel context.
                2. 8 CFR Part 258
                 Section 258.2 requires masters and agents who use nonimmigrant
                crewmen to perform longshore work under one of the exceptions listed in
                the section, to indicate on the crew manifest that an exception is
                being used and to note which exception will be performed. Among other
                things, it sets forth the documentation that must be presented. This
                section is being amended to reflect the new procedure through which the
                information requested on the Form I-418 is submitted electronically
                through an EDI approved by CBP. This rule does not make changes to any
                of the other documentation requirements in section 258.2. Additional
                minor amendments are being made to section 258.2, such as replacing the
                term ``shall'' with ``must.'' The term ``Immigration and Naturalization
                Service'' is also being updated and replaced with ``CBP.''
                3. 19 CFR Part 4
                 Section 4.7 concerns ``Inward foreign manifest; production on
                demand; contents and form; advance filing of cargo declaration.''
                Pursuant to section 4.7(a), a paper Form I-418 is a required document
                for the manifest. This section is being amended to reflect the new
                electronic submission of the data elements required on Form I-418.
                Section 4.7(a) is being amended to require vessel operators to submit
                the data elements required on Form I-418
                [[Page 73624]]
                via the EDI approved by CBP, and to provide that the electronic
                submission will be considered part of the manifest required under this
                section.
                 Section 4.7a addresses ``Inward manifest; information required;
                alternative forms.'' Pursuant to Section 4.7a(b)(2), the master of a
                vessel may, in lieu of describing the articles on CBP Form 1304,
                furnish a CBP Form I-418. However, submitting CBP Form I-418 with the
                required CBP Form 5129 instead of CBP Form 1304 generally takes more
                time for the trade community to complete and takes more time for CBP to
                review and process the forms, as well as providing redundant
                information contained in other required forms. Therefore, to reflect
                current trade practices and improve data submission efficiency, this
                section is being amended to remove the option of filing a paper Form I-
                418 instead of CBP Form 1304. Conforming edits are also being made to
                section 4.7(a), for the same reason.
                 Sections 4.7a(d) and (e) are being amended to incorporate the
                information submission requirements contained in section 4.7b
                concerning the APIS data. Section 4.7a(e) is being amended to remove
                the certification requirements. Currently, the regulation requires a
                paper form certification to be attached to Form I-418. In light of the
                automation of CBP Form I-418, it will be impractical to require a paper
                form certification. Under this rule, vessel operators will be required
                to submit the data elements required on CBP Form I-418 via an
                electronic data interchange system approved by CBP. The regulation
                specifies that the act of electronically submitting the data will serve
                as the Master's certification, as described further in this preamble's
                discussion of the amendments to section 4.50.
                 Section 4.50 concerns the passenger lists that the master of every
                vessel arriving at a U.S. port from a foreign port or place must
                submit. Specifically, section 4.50(a) requires the master of the vessel
                to submit Form I-418 if the vessel is arriving from a noncontiguous
                foreign territory and is carrying steerage passengers. Section 4.50(a)
                is being amended to reflect the new procedure for submitting the data
                elements of Form I-418 through an EDI approved by CBP, including
                reference to the required information required under section 4.7b(b)(3)
                for such passengers. Section 4.50 is also being amended to include a
                new paragraph (c) that will replace the paper form certification
                requirement in section 4.7a(e). New subsection 4.50(c), provides that
                by the act of submitting the data elements required on CBP Form I-418
                via an electronic data interchange system approved by CBP, the vessel
                operator certifies that CBP baggage declaration requirements have been
                made known to incoming passengers; that any required CBP baggage
                declarations have been or will simultaneously be filed as required by
                law and regulation with the proper CBP officer; that the
                responsibilities of the vessel operator have been or will be done as
                required by law or regulation before the proper CBP officer; and that
                there are no steerage passengers on board the vessel.
                 Section 4.81 addresses ``Reports of arrivals and departures in
                coastwise trade.'' Section 4.81(d) provides the master of the vessel
                with an option of either submitting the traveling Crew's Effects
                Declaration, Customs Form 1304, or Form I-418 with attached Customs
                Form 5129, with the port director upon arrival at each port in the
                United States. Like the amendment to remove the option to submit Form
                I-418 in section 4.7a, this section is being amended to remove the
                option of filing a Form I-418 instead of CBP Form 1304 to reflect
                current trade practices and improve data submission and efficiency.
                 Section 4.91 concerns the diversion of a vessel and the
                transshipment of cargo. Section 4.91(c) requires that when inward
                foreign cargo or passengers are transshipped to another vessel under
                customs supervision, a separate traveling manifest must be used for the
                transshipped cargo or passengers. Section 4.91(c) provides the master
                of the vessel with the option of submitting either a Cargo Declaration,
                CBP Form 1302, or Form I-418. This section is being amended to reflect
                the new procedure for submitting the data elements of Form I-418
                through an EDI approved by CBP.
                III. Statutory and Regulatory Requirements
                A. Administrative Procedure Act
                 The Administrative Procedure Act (APA) generally requires agencies
                to publish a notice of proposed rulemaking in the Federal Register (5
                U.S.C. 553(b)) and provide interested persons the opportunity to submit
                comments (5 U.S.C. 553(c)). However, the APA provides an exception to
                this prior notice and comment requirement for ``rules of agency
                organization, procedure, or practice'' 5 U.S.C. 553(b)(A). This interim
                final rule is a procedural rule promulgated for efficiency purposes
                that falls within this exception.
                 This rule is procedural because it merely automates an existing
                reporting requirement for vessel masters or agents pursuant to existing
                statutes and regulations. See 8 U.S.C. 1103, 1182, 1221, 1281, 1282; 8
                CFR part 2; 19 U.S.C. 66, 1431, 1433, 1434, 1624, 2071 note; and 19 CFR
                part 4. The rule changes the format in which vessel masters or agents
                must present required information to CBP. Under the amended
                regulations, vessel masters or agents will no longer be required to
                complete and submit the paper Form I-418. Instead, all required
                information must be submitted to CBP electronically through the
                electronic data interchange system approved by CBP, which has been the
                practice for most vessel masters and agents by submitting the
                information through eNOA/D. This rule neither affects the substantive
                criteria by which CBP officers inspect vessels upon arrival or
                departure nor the nature of the information required by CBP.
                 Although this procedural rule is exempt from prior notice and
                comments procedures, DHS is providing the public with the opportunity
                to comment without delaying implementation of this rule. DHS will
                respond to the comments received when it issues a final rule.
                B. Executive Order 13563 (Improving Regulation and Regulatory Review)
                and Executive Order 12866 (Regulatory Planning and Review)
                 Executive Orders 13563 (Improving Regulation and Regulatory Review)
                and 12866 (Regulatory Planning and Review) 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.
                 The Office of Management and Budget (OMB) has designated this rule
                a ``significant regulatory action,'' although not economically
                significant, under section 3(f) of Executive Order 12866. Accordingly,
                the rule has been reviewed by OMB. CBP has also prepared a regulatory
                impact assessment to help inform stakeholders of the impacts of this
                rule, which CBP has summarized below. The complete standalone analysis
                can be found in the public docket for this rulemaking at http://www.regulations.gov. The standalone analysis also focuses on the costs
                and benefits experienced during the I-418 Automation test program
                period (FY 2011 through FY 2020).
                [[Page 73625]]
                1. Executive Summary
                 Through the Automation of CBP Form I-418 for Vessels Interim Final
                Rule, CBP will amend its regulations under 8 CFR part 251, 8 CFR part
                258, and 19 CFR part 4 to require the electronic submission of the data
                elements required from vessel operators on Form I-418 in lieu of paper
                form submissions. CBP will no longer require the paper Form I-418. The
                updated regulations will require vessel operators to electronically
                submit the data elements required on the Form I-418 via an EDI approved
                by CBP. CBP will continue to use USCG's eNOA/D system as the approved
                EDI. Under this process, CBP systems will compile eNOA/D and other
                electronic manifest data submitted by vessel operators prior to arrival
                and at departure into a passenger and crew list format reflective of an
                electronic Form I-418.\16\ The act of electronically submitting the
                data elements required on Form I-418 will also constitute the (vessel)
                Master's certification that the manifest information is accurate,\17\
                and eliminate the current need to generally collect Form I-418's vessel
                master (or operator) and CBP officer signatures for certification.\18\
                CBP will also retain its authority to require paper Form I-418
                submissions in the event of certain technical difficulties, such as
                system outages and disruptions, that make it impossible to submit or
                receive manifest data electronically, and according to CBP
                discretion.\19\ This rule will streamline vessel arrival and departure
                processes by eliminating redundant data submissions, simplifying vessel
                inspections, and automating recordkeeping.
                ---------------------------------------------------------------------------
                 \16\ The embark date required on Form I-418 is transmitted to
                CBP via eNOA/D. The disembark date/date separated (i.e., the date
                when a crewmember permanently departs the vessel) is calculated by
                CBP systems. This rule does not change this practice.
                 \17\ This includes certifying that certification that CBP
                baggage declaration requirements have been made known to incoming
                passengers; that any required CBP baggage declarations have been or
                will simultaneously be filed as required by law and regulation with
                the proper CBP officer; that the responsibilities of the vessel
                operator have been or will be done as required by law or regulation
                before the proper CBP officer; and that there are no steerage
                passengers on board the vessel.
                 \18\ CBP officer signatures are generally dictated on the form
                as a unique receipt number tied to the officer. For the purposes of
                this analysis, CBP refers to these receipt numbers as signatures.
                 \19\ The Automation of CBP Form I-418 for Vessels Interim Final
                Rule describes particular exceptions to the electronic submission
                requirement. In particular, CBP will also retain its authority to
                require paper submissions in the event the master or agent of the
                vessel is unable to electronically submit the data elements required
                on Form I-418 via an electronic data interchange system approved by
                CBP due to technical issues, such as when the onboard computer
                system is malfunctioning or there is no internet access, and there
                is no shore-side support available; CBP is experiencing technical
                difficulties affecting its receipt or processing of electronically
                submitted information; or where CBP, in its discretion, determines
                that a paper Form I-418 is acceptable under the circumstances
                presented by the master or agent of a vessel.
                ---------------------------------------------------------------------------
                 CBP is currently operating an I-418 Automation test program, which
                serves as the basis for the regulatory program. The impact of the I-418
                Automation regulatory program will slightly differ from the I-418
                Automation test program due to its complete paper Form I-418
                automation, eased administrative burdens, and elimination of signatures
                and paper processing. With its transition to a fully automated,
                electronic passenger and crew list (i.e., Form I-418) process, the I-
                418 Automation regulatory program will discontinue the test program.
                Under the regulatory program, CBP systems will automatically reconcile
                eNOA/D and other manifest data submitted electronically by vessel
                operators prior to arrival and at departure into a passenger and crew
                list format reflective of an electronic Form I-418. This transition
                will affect commercial vessel operators and CBP.
                 Vessel operators will generally not incur any costs from this rule,
                though CBP will. CBP will sustain technology and printing costs from
                the regulatory program, including costs to maintain mobile devices for
                real-time, electronic processing and print paper Form I-418s until the
                admissibility inspection process is completely paperless. Across the
                period of analysis, these monetized costs will equal $45,000 in present
                value and $12,000 on an annualized basis. These costs represent the
                total costs of the rule.
                 Following this rule's implementation, vessel operators will enjoy
                $16.1 million in monetized present value cost savings from automated
                Form I-418 submissions and forgone printing and dual processing between
                FY 2021 and FY 2025 (using a 7 percent discount rate). During the same
                period, CBP will experience a total monetized present value cost saving
                of $37.2 million from the rule's forgone printing requirements,
                streamlined mobile processing and post-inspection tasks, and forgone
                storage and shipping costs (using a 7 percent discount rate). CBP may
                dedicate these cost savings to other agency mission areas, such as
                improving border security or facilitating trade. In total, the
                monetized cost savings of this rule will equal $53.3 million in present
                value and $13.9 million on an annualized basis over the period of
                analysis (using a 7 percent discount rate).
                 The Executive Summary Table outlines the estimated costs and
                benefits (cost savings) of the I-418 Automation regulatory program from
                FY 2021 to FY 2025. As illustrated, the benefits (cost savings) of this
                rule outweigh its costs, with the total monetized net benefit (net cost
                saving) of the regulatory program measuring $53.3 million in present
                value and $13.9 million on an annualized basis (using a 7 percent
                discount rate).
                 Executive Summary Table: Net Benefit (Cost Saving) of I-418 Automation Regulatory Program, FY 2021-FY 2025
                 [2019 U.S. Dollars]
                ----------------------------------------------------------------------------------------------------------------
                 Present values Annualized values
                 ---------------------------------------------------------------
                 3% Discount 7% Discount 3% Discount 7% Discount
                 rate rate rate rate
                ----------------------------------------------------------------------------------------------------------------
                Total Cost...................................... $52,067 $45,458 $11,710 $11,863
                Total Benefit................................... 62,546,086 53,306,084 14,066,940 13,910,918
                 ---------------------------------------------------------------
                 Total Net Benefit........................... 62,494,018 53,260,626 14,055,230 13,899,055
                ----------------------------------------------------------------------------------------------------------------
                Notes: The estimates in this table are contingent upon CBP's vessel arrival/departure projections as well as the
                 discount rates applied. Estimates may not sum to total due to rounding.
                [[Page 73626]]
                2. Purpose of Rule
                 Commercial vessels arriving at and departing from U.S. ports of
                entry (POEs) must comply with statutory and regulatory requirements to
                engage in U.S. trade. As previously mentioned, under current
                regulations commercial vessels, regardless of whether they are cargo,
                non-cargo,\20\ or cruise ships, traveling to U.S. POEs from a foreign
                port or place must begin their trip by submitting similar manifest
                information electronically to USCG through eNOA/D and APIS, and then
                submitting the same manifest data to CBP on the paper Form I-418. At
                departure, commercial vessels must submit similar departure data to
                USCG and CBP. Despite similarities in the vessel arrival and departure
                data submitted per Form I-418, APIS, and eNOA/D requirements, current
                regulations do not allow data to be transmitted electronically, such as
                through eNOA/D or email, to satisfy Form I-418's passenger and crew
                list submission requirement. In fact, failure to submit the arrival or
                departure manifest in paper format may result in fines and penalties.
                To reduce redundant data submissions and automate manifest
                recordkeeping, CBP launched the I-418 Automation test program in 2011.
                This test has allowed for the automated, electronic submission of the
                data elements on Form I-418 from test participants using manifest data
                previously submitted electronically to the NVMC through eNOA/D, APIS,
                or other means. Based on the successful operation of the test, CBP now
                intends to establish the automated, electronic Form I-418 data
                submission process by regulation.
                ---------------------------------------------------------------------------
                 \20\ For the purposes of this analysis, non-cargo commercial
                vessels include all commercial vessels other than cargo ships and
                cruise ships. Tugboats fall under this classification.
                ---------------------------------------------------------------------------
                 Through this rulemaking, CBP will amend its regulations under 8 CFR
                part 251, 8 CFR part 258, and 19 CFR part 4 to require the electronic
                submission of the data elements required from vessel operators on Form
                I-418 in lieu of paper form submissions. CBP will generally no longer
                require the paper Form I-418. The updated regulations will require
                vessel operators to electronically submit the data elements required on
                the Form I-418 via an EDI approved by CBP. CBP will continue to use the
                eNOA/D system as the approved EDI. Under this process, CBP systems will
                compile eNOA/D, APIS, and any other electronic manifest data submitted
                by vessel operators prior to arrival and at departure into a passenger
                and crew list format reflective of an electronic Form I-418.\21\ The
                act of electronically submitting the data elements required on Form I-
                418 will also constitute the (vessel) Master's certification that the
                manifest information is accurate,\22\ and eliminate the current need to
                generally collect Form I-418's vessel master (or operator) and CBP
                officer signatures for certification.\23\ CBP will also retain its
                authority to require paper Form I-418 submissions in the event of
                certain technical difficulties, such as system outages and disruptions,
                that make it impossible to submit or receive manifest data
                electronically, and according to CBP discretion.\24\ This rule will
                streamline vessel arrival and departure processes by eliminating
                redundant data submissions, simplifying vessel inspections, and
                automating recordkeeping.
                ---------------------------------------------------------------------------
                 \21\ The embark date required on Form I-418 is transmitted to
                CBP via eNOA/D. The disembark date/date separated (i.e., the date
                when a crewmember permanently departs the vessel) is calculated by
                CBP systems. This rule does not change this practice.
                 \22\ This includes certifying that certification that CBP
                baggage declaration requirements have been made known to incoming
                passengers; that any required CBP baggage declarations have been or
                will simultaneously be filed as required by law and regulation with
                the proper CBP officer; that the responsibilities of the vessel
                operator have been or will be done as required by law or regulation
                before the proper CBP officer; and that there are no steerage
                passengers on board the vessel.
                 \23\ CBP officer signatures are generally dictated on the form
                as a unique receipt number tied to the officer. For the purposes of
                this analysis, CBP refers to these receipt numbers as signatures.
                 \24\ As described above, CBP will retain its authority to
                require paper submissions in the event the master or agent of the
                vessel is unable to electronically submit the data elements required
                on Form I-418 via an electronic data interchange system approved by
                CBP due to technical issues, such as when the onboard computer
                system is malfunctioning or there is no internet access, and there
                is no shore-side support available; CBP is experiencing technical
                difficulties affecting its receipt or processing of electronically
                submitted information; or where CBP, in its discretion, determines
                that a paper Form I-418 is acceptable under the circumstances
                presented by the master or agent of a vessel.
                ---------------------------------------------------------------------------
                3. Population Affected by Rule
                 This rule will affect commercial vessel operators and CBP, though
                at different magnitudes according to the arriving vessel type and I-418
                Automation test program participation during the period of analysis
                spanning from FY 2021 to FY 2025. To determine the extent of the
                population affected by this rule, CBP relies on historical commercial
                vessel arrivals/departures and test participation data.
                 From FY 2015 to FY 2019, cargo and non-cargo vessel arrivals/
                departures of I-418 Automation test program participants grew at a
                compound annual rate of 6.0 percent while non-participant cargo and
                non-cargo vessel arrivals/departures declined at a compound annual rate
                of 1.9 percent. During the same period, participant and non-participant
                cruise ship arrivals/departures both grew at a compound annual rate of
                2.4 percent (see Table 1). In the future, CBP projects that commercial
                vessel arrivals/departures will remain consistent with their more
                conservative historical trends prior to the COVID-19 pandemic beginning
                in 2020. Accordingly, CBP estimates that future cargo and non-cargo
                vessel arrivals/departures of I-418 Automation test program
                participants will increase increasing at a rate of 6.0 percent per
                year, non-participant cargo and non-cargo vessel arrivals/departures
                will decrease at a rate of 1.9 percent per year, and all cruise ship
                arrivals/departures will increase at a rate of 2.4 percent per year
                from their FY 2019 values between FY 2021 and FY 2025.\25\ CBP believes
                that these projections best represent the normal, recent growth of
                commercial vessel arrivals/departures while still accounting for the
                projected economic and travel slowdowns due to the COVID-19 pandemic.
                CBP did not use FY 2020 data as a basis for future growth because it
                exhibits extreme, abnormal drops in vessel arrivals/departures due to
                the COVID-19 pandemic beginning during that year.
                [[Page 73627]]
                However, CBP recognizes the uncertainty in this assumption and that the
                rate of economic recovery from the COVID-19 pandemic will depend on
                many factors, including how quickly businesses can recover, rates of
                infection, and global supply chains. CBP does not believe that this
                rule will directly affect the volume of future commercial vessel
                arrivals/departures, and thus predicts that the projected arrivals/
                departures will be the same with and without this rule's implementation
                (i.e., the baseline).
                ---------------------------------------------------------------------------
                 \25\ Based on historical commercial vessel data and future
                commercial vessel demand outlooks. For future cargo and non-cargo
                vessel outlook information, see: Pallis, Athanasios A, et al.
                Transport and Trade Facilitation: COVID-19 and Maritime Transport
                Impact and Responses, United Nations Conference on Trade and
                Development (UNCTAD), Series No. 15, March 2021. Available at
                https://unctad.org/system/files/official-document/dtltlb2021d1_en.pdf. Accessed July 23, 2021; World Bank Group.
                Global Economic Prospects. Chpt. 1. World Bank Group Publishing.
                June 2021. Available at https://openknowledge.worldbank.org/bitstream/handle/10986/35647/9781464816659-ch01.pdf. Accessed July
                23, 2020; ``Moody's: Outlook for US public ports revised to stable
                on strengthening economic activity, improving cargo volumes.''
                Moody's Investors Service, December 7, 2020. Available at http://www.moodys.com/researchdocumentcontentpage.aspx?docid=PBC_1247050.
                Accessed July 23, 2021; Ohse, Friedemann. ``Will 2021 bring about
                recovery for the global maritime industry?'' OceanInsights,
                September 30, 2020. Available at https://www.ocean-insights.com/business-news/will-2021-bring-about-recovery-for-the-global-maritime-industry/?cli_action=1602257398.7141/8. Accessed October 9,
                2020. For future cruise ship outlook information, see: Giese,
                Monique. ``COVID-19 Impacts on Cruise Industry.'' KPMG, July 23,
                2020. Available at https://home.kpmg/xx/en/blogs/home/posts/2020/07/covid-19-impacts-on-global-cruise-industry.html. Accessed October
                23, 2020; McMahon, Shannon. ``5 takeaways from the cruise industry's
                report on a return to sailing.'' Washington Post, September 21,
                2020. Available at https://www.washingtonpost.com/travel/2020/09/21/cruise-return-report-covid-19/. Accessed October 23, 2020.
                ---------------------------------------------------------------------------
                 To estimate future commercial vessel arrivals/departures with and
                without this rule, CBP first applies the projected growth rates for
                cargo and non-cargo vessel arrivals/departures of I-418 Automation test
                program participants and non-participants (6.0 percent and 1.9 percent,
                respectively) and cruise ship arrivals/departures (2.4 percent) to
                their respective FY 2019 values (see Table 1). CBP then projects the
                estimates forward through the period of analysis, FY 2021 to FY 2025.
                When making such projections, CBP presumes that the I-418 Automation
                test program will continue to exist during the period of analysis in
                the absence of any rulemaking to automate the Form I-418 process. In
                contrast, the test program will transition into a regulatory program in
                which all commercial vessel operators participate in an automated Form
                I-418 data submission process upon this rule's implementation.
                 As previously stated, CBP does not believe that this rule will
                directly affect the future volume of commercial vessel arrivals/
                departures, and thus predicts that future commercial vessel arrivals/
                departures will be the same with and without this rule's implementation
                (i.e., the baseline). As Table 1 shows, CBP estimates that almost
                424,000 commercial vessel arrivals/departures will occur between FY
                2021 and FY 2025, including 372,000 cargo and non-cargo vessel
                arrivals/departures and 53,000 cruise ship arrivals/departures. Nearly
                98,000 (23 percent) of these arrivals/departures will correspond to
                former (or ongoing in the absence of this rule) I-418 Automation test
                program participants, while the remaining 326,000 (77 percent) will
                correspond to non-former I-418 Automation test program participants (or
                non-test participants in the absence of this rule). Nearly all of these
                vessel operators will be affected by the rule. Of the arrivals/
                departures of former (or ongoing) I-418 Automation test program
                participants, CBP estimates that 50 percent will correspond to
                participants who fully participated in the test program and the
                remainder will correspond to participants who only partially
                participated (see Table 1). According to field interviews, the majority
                of vessel operators participating in the I-418 Automation test program
                continued to provide a paper Form I-418 upon arrival/departure despite
                having submitted an electronic Form I-418 to ensure full compliance
                with CBP regulations.\26\ For the purposes of this analysis, CBP refers
                to these vessel operators as those who partially participated in the I-
                418 Automation test program. Under the baseline, non-I-418 Automation
                test program participants and 50 percent of test program participants
                will continue to submit paper Form I-418s with each projected arrival/
                departure, while the remaining test participants will submit only
                automated versions of Form I-418 with each future arrival/departure.
                Alternatively, with the rule, each arrival/departure will presumably
                result in an automated Form I-418 submission.
                ---------------------------------------------------------------------------
                 \26\ Although the I-418 Automation test program waived the
                regulatory requirement to submit Form I-418s by paper, certain test
                participants insisted on submitting paper Form I-418s to ensure full
                compliance with CBP regulations. Source: Email correspondence with
                CBP's Office of Field Operations on February 23, 2016.
                 Table 1--Projected Commercial Vessel Arrivals and Departures
                ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 FY 2019* FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Total, FY 2021-FY
                ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 2025
                 ------------------
                 Cargo & Cargo & Cargo & Cargo & Cargo & Cargo & Cargo &
                 Number of non- Cruise non- Cruise non- Cruise non- Cruise non- Cruise non- Cruise non- Cruise
                 cargo ships cargo ships cargo ships cargo ships cargo ships cargo ships cargo ships
                 vessels vessels vessels vessels vessels vessels vessels
                ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 Non-I-418 Automation Test Program Participants
                ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                Growth in Vessel Arrivals/Departures............................. ....... ....... -1.9% 2.4% -1.9% 2.4% -1.9% 2.4% -1.9% 2.4% -1.9% 2.4% ........ .......
                Vessel Arrivals/Departures....................................... 64,155 4,319 62,936 4,423 61,740 4,529 60,567 4,638 59,416 4,749 58,287 4,863 302,946 23,202
                Form I-418 Submissions........................................... 64,155 4,319 62,936 4,423 61,740 4,529 60,567 4,638 59,416 4,749 58,287 4,863 302,946 23,202
                ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 I-418 Automation Test Program Participants
                ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                Growth in Vessel Arrivals/Departures............................. ....... ....... 6.0% 2.4% 6.0% 2.4% 6.0% 2.4% 6.0% 2.4% 6.0% 2.4% ........ .......
                Total Vessel Arrivals/Departures................................. 11,487 5,496 12,176 5,628 12,907 5,763 13,681 5,901 14,502 6,043 15,372 6,188 68,638 29,523
                 Vessel Arrivals/Departures of Participants Fully 5,744 2,748 6,088 2,814 6,454 2,882 6,841 2,951 7,251 3,022 7,686 3,094 34,320 14,763
                 Participating in Test.......................................
                 Vessel Arrivals/Departures of Participants Partially 5,743 2,748 6,088 2,814 6,453 2,881 6,840 2,950 7,251 3,021 7,686 3,094 34,318 14,760
                 Participating in Test.......................................
                Total Form I-418 Submissions \+\................................. 11,487 5,496 12,176 5,628 12,907 5,763 13,681 5,901 14,502 6,043 15,372 6,188 68,638 29,523
                 Form I-418 Submissions from Participants Fully Participating 5,744 2,748 6,088 2,814 6,454 2,882 6,841 2,951 7,251 3,022 7,686 3,094 34,320 14,763
                 in Test.....................................................
                 Form I-418 Submissions from Participants Partially 5,743 2,748 6,088 2,814 6,453 2,881 6,840 2,950 7,251 3,021 7,686 3,094 34,318 14,760
                 Participating in Test.......................................
                ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                 Total
                ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                Vessel Arrivals/Departures....................................... 75,642 9,815 75,112 10,051 74,647 10,292 74,248 10,539 73,918 10,792 73,659 11,051 371,584 52,725
                Form I-418 Submissions........................................... 75,642 9,815 75,112 10,051 74,647 10,292 74,248 10,539 73,918 10,792 73,659 11,051 371,584 52,725
                ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                * Not in period of analysis.
                \+\ Form I-418s submitted in both electronic and paper format only counted as one form submission.
                Note: Estimates may not sum to total due to rounding.
                4. Costs of Rule
                 This rule will automate the Form I-418 process for all commercial
                vessel operators and eliminate the regulatory guidelines in place
                regarding the submission and retention of paper Form I-418s. These
                changes will generally not introduce new costs to commercial vessel
                operators, but they will introduce some costs to CBP. If vessel
                operators request a copy of their stamped and annotated electronic Form
                I-418, which they receive by paper now for CBP processing, they will
                incur negligible
                [[Page 73628]]
                costs to do so.\27\ CBP will sustain technology and printing costs from
                the Form I-418 Automation regulatory program, including costs to
                maintain mobile devices for real-time, electronic processing, and to
                print the paper Form I-418 until the admissibility inspection process
                is completely paperless. Across the period of analysis, these monetized
                costs will equal $46,000 in present value and $12,000 on an annualized
                basis (using a 7 percent discount rate). These costs represent the
                total costs of the rule, as illustrated in Table 2.
                ---------------------------------------------------------------------------
                 \27\ Source: Correspondence with CBP's Office of Field
                Operations on November 24, 2020.
                 Table 2--Total Present Value and Annualized Costs of I-418 Automation Regulatory Program, FY 2020-FY 2024
                 [2019 U.S. Dollars]
                ----------------------------------------------------------------------------------------------------------------
                 3% Discount rate 7% Discount rate
                ----------------------------------------------------------------------------------------------------------------
                Present Value Cost...................................................... $52,067 $45,458
                Annualized Cost......................................................... 11,710 11,863
                ----------------------------------------------------------------------------------------------------------------
                Note: The estimates in this table are contingent upon CBP's vessel arrival/departure projections as well as the
                 discount rates applied.
                5. Benefits (Cost Savings) of Rule
                 Besides its costs to CBP, this rule will provide considerable
                benefits (cost savings) to vessel operators and CBP. Following this
                rule's implementation, vessel operators will enjoy $16.1 million in
                monetized present value cost savings from forgone paper Form I-418
                submissions and form printing between FY 2021 and FY 2025 (using a 7
                percent discount rate). During the same period, CBP will experience a
                total monetized present value cost saving of $37.2 million from the
                rule's avoided printing, streamlined mobile post-inspection processing
                and electronic recordkeeping (using a 7 percent discount rate). CBP may
                dedicate these cost savings to other agency mission areas, such as
                improving border security or facilitating trade. In total, the
                monetized cost savings of this rule will equal $53.3 million in present
                value and $13.9 million on an annualized basis over the period of
                analysis (using a 7 percent discount rate; see Table 3).
                 Table 3--Total Present Value and Annualized Benefits (Cost Savings) of I-418 Automation Regulatory Program FY
                 2020-FY 2024
                 [2019 U.S. Dollars]
                ----------------------------------------------------------------------------------------------------------------
                 3% Discount rate 7% Discount rate
                ----------------------------------------------------------------------------------------------------------------
                Present Value Benefit................................................... $62,546,086 $53,306,084
                Annualized Benefit...................................................... 14,066,940 13,910,918
                ----------------------------------------------------------------------------------------------------------------
                Note: The estimates in this table are contingent upon CBP's vessel arrival/departure projections as well as the
                 discount rates applied.
                6. Net Impact of Rule
                 Table 4 summarizes the monetized costs and benefits (cost savings)
                of the I-418 Automation regulatory program to vessel operators and CBP
                from FY 2021 to FY 2025. As illustrated, the savings from this rule
                outweigh its costs, with the total monetized net cost saving of the
                regulatory program measuring $53.3 million in present value and $13.9
                million on an annualized basis (using a 7 percent discount rate).
                 Table 4--Net Benefit (Cost Saving) of I-418 Automation Regulatory Program, FY 2020-FY 2024
                 [2019 U.S. Dollars]
                ----------------------------------------------------------------------------------------------------------------
                 Present values Annualized values
                 ---------------------------------------------------------------
                 3% Discount 7% Discount 3% Discount 7% Discount
                 rate rate rate rate
                ----------------------------------------------------------------------------------------------------------------
                Total Cost...................................... $52,067 $45,458 $11,710 $11,863
                Total Benefit................................... 62,546,086 53,306,084 14,066,940 13,910,918
                 ---------------------------------------------------------------
                 Total Net Benefit........................... 62,494,018 53,260,626 14,055,230 13,899,055
                ----------------------------------------------------------------------------------------------------------------
                Notes: The estimates in this table are contingent upon CBP's vessel arrival/departure projections as well as the
                 discount rates applied. Estimates may not sum to total due to rounding.
                C. Regulatory Flexibility Act
                 The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
                by the Small Business Regulatory Enforcement and Fairness Act of 1996,
                requires an agency to prepare and make available to the public a
                regulatory flexibility analysis that describes the effect of a proposed
                rule on small entities (i.e., small businesses, small organizations,
                and small governmental jurisdictions) when the agency is required to
                publish a general notice of proposed rulemaking for a rule. Since a
                general notice of proposed rulemaking is not necessary for this rule,
                CBP is not required to prepare a regulatory flexibility analysis for
                this rule.
                [[Page 73629]]
                D. Unfunded Mandates Reform Act of 1995
                 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 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. Executive Order 13132
                 This rule will not have substantial direct effects on the States,
                on the relationship between the National Government and the States, or
                on the distribution of power and responsibilities among the various
                levels of government. Therefore, in accordance with section 6 of
                Executive Order 13132, DHS has determined that this final rule does not
                have sufficient federalism implications to warrant the preparation of a
                federalism summary impact statement.
                F. Executive Order 12988 Civil Justice Reform
                 This rule meets the applicable standards set forth in sections 3(a)
                and 3(b)(2) of Executive Order 12988. Executive Order 12988 requires
                agencies to conduct reviews on civil justice and litigation impact
                issues before proposing legislation or issuing proposed regulations.
                The order requires agencies to exert reasonable efforts to ensure that
                the regulation identifies clearly preemptive effects, effects on
                existing federal laws or regulations, identifies any retroactive
                effects of the regulation, and other matters. DHS has determined that
                this regulation meets the requirements of Executive Order 12988 because
                it does not involve retroactive effects, preemptive effects, or the
                other matters addressed in the Executive Order.
                G. 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 Form
                I-418 information collected under 8 CFR part 251.1 and 8 CFR part 251.3
                is included under OMB control number 1651-0103. Under the Automation of
                CBP Form I-418 for Vessels rule, CBP systems will automatically
                reconcile eNOA/D, APIS, and any other manifest data submitted
                electronically by vessel operators prior to arrival and at departure to
                create an electronic version of Form I-418. CBP will use the automated,
                electronic Form I-418 for all commercial vessel crew and passenger
                admissibility inspections and processing, and thus generally establish
                a completely paperless Form I-418 process for all commercial vessel
                arrivals and departures. CBP plans to retain the paper Form I-418 and
                conduct paper Form I-418 processing only when the master or agent of
                the vessel is unable to electronically submit the data elements
                required on Form I-418 via an electronic data interchange system
                approved by CBP due to technical issues, such as when the onboard
                computer system is malfunctioning or there is no internet access, and
                there is no shore-side support available; CBP is experiencing technical
                difficulties affecting its receipt or processing of electronically
                submitted information; or where CBP, in its discretion, determines that
                a paper Form I-418 is acceptable under the circumstances presented by
                the master or agent of a vessel. CBP will conduct such processing to
                not hinder, stop, or otherwise penalize maritime traffic. In accordance
                with the OMB Notice of Action dated April 3, 2018, CBP will submit a
                discontinuation request for OMB control number 1651-0103 along with
                this rule's publication because this information collection is
                duplicative.
                H. Privacy Interests
                 DHS 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.
                List of Subjects
                8 CFR Part 251
                 Air carriers, Airmen, Aliens, Maritime carriers, Reporting and
                recordkeeping requirements, Seamen.
                8 CFR Part 258
                 Aliens, Longshore and harbor workers, Reporting and recordkeeping
                requirements, Seamen.
                19 CFR Part 4
                 Exports, Freight, Harbors, Maritime carriers, Oil pollution,
                Reporting and recordkeeping requirements, Vessels.
                Amendments to the Regulations
                 For the reasons stated in the preamble, DHS is amending 8 CFR parts
                251 and 258, and 19 CFR part 4, as set forth below.
                TITLE 8--ALIENS AND NATIONALITY
                PART 251--ARRIVAL AND DEPARTURE MANIFESTS AND LISTS: SUPPORTING
                DOCUMENTS
                0
                1. The general authority citation for part 251 continues to read as
                follows:
                 Authority: 8 U.S.C. 1103, 1182, 1221, 1281, 1282, 8 CFR part 2.
                Sec. 251.1 [Amended]
                0
                2. Amend Sec. 251.1 as follows:
                0
                a. Revise paragraph (a)(1);
                0
                b. Revise paragraph (a)(2) introductory text;
                0
                c. In paragraph (a)(2)(i), remove the word ``notation'' and add in its
                place ``information'';
                0
                d. In paragraph (a)(2)(ii) introductory text, remove the words ``shall
                note'' and adding in their place ``must indicate'';
                0
                e. In paragraph (a)(2)(iii)(A), remove the words ``shall note on'' and
                adding in their place ``must indicate in'';
                0
                f. In paragraph (a)(2)(iii)(B):
                0
                i. Remove the words ``shall note on'' and add in their place ``must
                indicate in''; and
                0
                ii. Remove the the words ``shall show'' and add in their place ``must
                show'';
                0
                g. In paragraph (a)(2)(iv) introductory text:
                0
                i. In the first sentence remove the words ``shall note on'' and add in
                their place ``must indicate in''; and
                0
                ii. In the second sentence, remove the words ``shall note'' and add in
                their place ``must indicate'';
                0
                h. In paragraph (a)(2)(v):
                0
                i. Remove the words ``shall note on'' and add in their place ``must
                indicate in''; and
                0
                ii. Remove the words ``will note the'' and add in their place ``will
                indicate the'';
                0
                i. In paragraph (a)(3)(i) introductory text, remove the words ``shall
                not be'' and add in its place ``is not'';
                0
                j. In paragraph (a)(3)(ii), remove the words ``shall note the manifest
                in the manner'' and add in their place ``must follow the
                instructions'';
                0
                k. In paragraph (a)(3)(iii):
                0
                i. Remove the words ``shall not be'' and adding in their place ``is
                not''; and
                0
                ii. remove the words ``noted on'' and add in their place ``indicated
                in'';
                0
                l. In paragraph (a)(4), remove the words ``shall annotate Form I-418
                presented at the onward port to indicate'' and add in their place
                ``must electronically submit via an electronic data interchange system
                approved by CBP'';
                0
                m. In paragraph (a)(5), remove the words ``accompany the manifest'' and
                add in their place ``be sent to CBP
                [[Page 73630]]
                electronically or be presented to CBP upon arrival at the port of
                immigration inspection'';
                0
                n. Add paragraph (a)(6);
                0
                o. In paragraph (b):
                0
                i. Remove the word ``shall'' wherever it appears and add in its place
                ``must'';
                0
                ii. Remove the words ``United States Customs Service'' and add in their
                place ``CBP''; and
                0
                iii. Remove the word ``annotate'' and add in its place ``electronically
                update the data in'';
                0
                p. In paragraph (c), remove the word ``shall'' and add in its place
                ``must''.
                 The revisions and addition read as follows:
                Sec. 251.1 Arrival manifests and lists.
                 (a) * * * (1) General. Except as provided in paragraph (a)(6) of
                this section, the master or agent of every vessel arriving in the
                United States from a foreign place or an outlying possession of the
                United States must submit a manifest of all crewmen on board by
                electronically submitting the data elements required on CBP Form I-418,
                Passenger List--Crew List, via an electronic data interchange system
                approved by CBP.
                 (2) Longshore work information. Except as provided in paragraph
                (a)(6) of this section, the master or agent of the vessel must
                electronically submit via an electronic data interchange system
                approved by CBP an affirmation as to whether crewmen aboard the vessel
                will be used to perform longshore work at any United States port before
                the vessel departs the United States.
                * * * * *
                 (6) Exception to the requirement to submit Form I-418 data elements
                and longshore work information electronically. The master or agent of
                any vessel that is arriving in the United States from a foreign place
                or an outlying possession of the United States, and is required to
                submit a manifest, may submit a paper Form I-418 to CBP upon arrival at
                the port where immigration inspection is performed when:
                 (i) The master or agent of the vessel is unable to electronically
                submit the data elements required on Form I-418 via an electronic data
                interchange system approved by CBP because there is no internet access
                in that location or onboard computers are experiencing technical
                difficulties, and there is no shore-side support available; or
                 (ii) CBP is experiencing technical difficulties affecting its
                receipt or processing of electronically submitted information, or, in
                its discretion, CBP determines that a paper Form I-418 is acceptable
                under the circumstances presented by the master or agent of a vessel.
                * * * * *
                0
                3. Amend Sec. 251.3 by:
                0
                a. Revising paragraph (a); and
                0
                b. Adding a new paragraph (c);
                 The revision and addition read as follows:
                Sec. 251.3 Departure manifests and lists for vessels.
                 (a) Form I-418, Passenger List-Crew List. Except as provided in
                paragraphs (b) and (c) of this section, the master or agent of every
                vessel departing from the United States directly to some foreign place
                or outlying possession of the United States must electronically submit
                the data elements required on Form I-418 via an electronic data
                interchange system approved by CBP, except when a manifest is not
                required pursuant to section 251.1(a). Submission of inaccurate or
                incomplete data will be regarded as lack of compliance with section
                251(c) of the Act.
                * * * * *
                 (c) Exception to the requirement to submit Form I-418 data elements
                electronically. The master or agent of any vessel that is departing
                from the United States directly to some foreign place or outlying
                possession of the United States, and is required to submit a manifest,
                may submit a paper Form I-418 to CBP at the port from which such vessel
                is to depart when:
                 (1) The master or agent of the vessel is unable to submit the data
                elements required on Form I-418 electronically via an electronic data
                interchange system approved by CBP because there is no internet access
                in that location or onboard computers are experiencing technical
                difficulties, and there is no shore-side support available; or
                 (2) CBP is experiencing technical difficulties affecting its
                receipt or processing of electronically submitted information, or, in
                its discretion, CBP determines that a paper Form I-418 is acceptable
                under the circumstances presented by the master or agent of a vessel.
                0
                4. Amend Sec. 251.5 as follows:
                0
                a. Revise the section heading; and
                0
                b. Remove the words ``in a paper format''.
                 The revision reads as follows:
                Sec. 251.5 Arrival and departure manifests for crew.
                * * * * *
                PART 258--LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN
                CREWMEN
                0
                5. The general authority citation for part 258 continues to read as
                follows:
                 Authority: 8 U.S.C. 1101, 1103, 1281; 8 CFR part 2.
                Sec. 258.2 [Amended]
                0
                6. Amend Sec. 258.2 as follows:
                0
                a. In the introductory text, remove the words ``shall note'' and add in
                their place ``must indicate'';
                0
                b. In paragraph (a)(2), remove the words ``shall note on'' and add in
                their place ``must indicate in'';
                0
                c. In paragraph (b)(2)(i), remove the words ``states on the manifest,
                Form I-418,'' and add in their place ``indicates in the manifest, or on
                Form I-418 if submitting the paper version,'';
                0
                d. In paragraph (b)(2)(ii):
                0
                i. Remove the words ``states on'' and add in their place ``indicates
                in''; and
                0
                ii. Remove the words ``shall present'' and add in their place ``must
                present'';
                0
                e. In paragraph (b)(2)(iii)(A), remove the word ``shall'' and add in
                its place ``must'';
                0
                f. In paragraph (b)(2)(iii)(B):
                0
                i. Remove the word ``shall'' and add in its place ``must''; and
                0
                ii. Remove the words ``Immigration and Naturalization Service'' and add
                in their place ``CBP'';
                0
                g. In paragraph (b)(2)(iv);
                0
                i. In the first sentence, remove the words ``states on'' and add in
                their place ``indicates in'';
                0
                ii. In the second sentence, remove the word shall and add in its place
                ``must'' and remove the words ``shall note on'' and add in their place
                ``must indicate in'';
                0
                h. In paragraph (b)(3), in the third sentence, remove the words ``shall
                annotate'' and add in their place ``must indicate in'';
                0
                i. In paragraph (b)(4):
                0
                i. In the first sentence, remove the words ``the Immigration and
                Naturalization Service'' wherever they appear, and add in their place
                ``CBP'' and remove ``258(c)(E)(i)'' and add ``258(c)(4)(E)(i)'' in its
                place; and
                0
                ii. In the second sentence, remove the words ``The Service'' and add in
                their place ``CBP''; and
                0
                j. In paragraph (e):
                0
                i. In the first sentence, remove the word ``shall'' and add in its
                place ``must''; and
                0
                ii. In the second sentence, remove ``noted on the Form I-410'' and add
                in its place ``indicated on the electronically populated, or in the
                circumstances specified in section 251.1 of this chapter, paper, Form
                I-418''.
                [[Page 73631]]
                TITLE 19--CUSTOMS DUTIES
                PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
                0
                7. The general authority citation for part 4 continues to read as
                follows:
                 Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624,
                2071 note; 46 U.S.C. 501, 60105.
                0
                8. Amend Sec. 4.7 by revising paragraph (a) to read as follows:
                Sec. 4.7. Inward foreign manifest; production on demand; contents and
                form; advance filing of cargo declaration.
                 (a) The master of every vessel arriving in the United States and
                required to make entry must have on board the vessel a manifest, as
                required by section 431, Tariff Act of 1930 (19 U.S.C. 1431), and by
                this section. The manifest must be legible and complete. If it is in a
                foreign language, an English translation must be furnished with the
                original and with any required copies. The required manifest consists
                of a Vessel Entrance or Clearance Statement, CBP Form 1300, and the
                following documents: (1) Cargo Declaration, CBP Form 1302, (2) Ship's
                Stores Declaration, CBP Form 1303, and (3) Crew's Effects Declaration,
                CBP Form 1304, to which are attached crewmembers' declarations on CBP
                Form 5129, if the articles will be landed in the United States. Unless
                the exception at 8 CFR 251.1(a)(6) applies and a paper form is
                submitted, the master must also electronically submit the data elements
                required on CBP Form I-418 via an electronic data interchange system
                approved by CBP, which will be considered part of the manifest. Any
                document which is not required may be omitted from the manifest
                provided the word ``None'' is inserted in items 16, 18, and/or 19 of
                the Vessel Entrance or Clearance Statement, as appropriate. If a vessel
                arrives in ballast and therefore the Cargo Declaration is omitted, the
                legend ``No merchandise on board'' must be inserted in item 16 of the
                Vessel Entrance or Clearance Statement.
                * * * * *
                0
                9. Amend Sec. 4.7a as follows:
                0
                a. Remove paragraph (b)(2);
                0
                b. Redesignate paragraphs (b)(3) and (b)(4) as paragraphs (b)(2) and
                (b)(3), respectively;
                0
                c. Add paragraph (c)(5);
                0
                d. In paragraph (d), add the words ``Sec. 4.7b and with'' after ``in
                accordance with''; and
                0
                e. Revise paragraph (e).
                 The addition and revision read as follows:
                Sec. 4.7a. Inward manifest; information required; alternative forms.
                * * * * *
                 (c) * * *
                 (5) Unaccompanied baggage must be listed on CBP Form 1302, or
                transmitted via an electronic data interchange system approved by CBP.
                * * * * *
                 (e) Passenger List. (1) The Passenger List must be completed in
                accordance with Sec. 4.7b, Sec. 4.50, and with the requirements of
                applicable DHS regulations administered by CBP (8 CFR part 231).
                * * * * *
                0
                10. Amend Sec. 4.50 as follows:
                0
                a. In paragraph (a), remove the second sentence;
                0
                b. Add paragraph (c).
                 The addition reads as follows:
                Sec. 4.50 Passenger lists.
                * * * * *
                 (c) By the act of submitting the data elements required on CBP Form
                I-418 via an electronic data interchange system approved by CBP, the
                master certifies that CBP baggage declaration requirements have been
                made known to incoming passengers; that any required CBP baggage
                declarations have been or will simultaneously be filed as required by
                law and regulation with the proper CBP officer; that the
                responsibilities of the vessel operator have been or will be done as
                required by law or regulation before the proper CBP officer; and that
                there are no steerage passengers on board the vessel.
                Sec. 4.81 [Amended]
                0
                11. In Sec. 4.81, amend paragraph (d) by removing the phrase``, or
                Customs and Immigration Form I-418 with attached Customs Form 5129,''.
                0
                12. In Sec. 4.85 amend paragraph (c)(1) by:
                0
                a. In the third sentence, removing the words ``a Passenger List,
                Customs and Immigration Form I-418, in such number of copies as may be
                required for local Customs purposes, of any cargo or passengers on
                board manifested for discharge at that port,''; and
                0
                b. Adding a sentence following the third sentence.
                 The addition reads as follows:
                Sec. 4.85 Vessels with residue cargo for domestic ports.
                * * * * *
                 (c) * * *
                 (1) * * * The master must also update the data elements required on
                CBP Form I-418 that were electronically submitted via an electronic
                data interchange system approved by CBP for any passengers on board
                that are manifested for discharge at that port. * * *
                * * * * *
                Sec. 4.91 [Amended]
                0
                13. In Sec. 4.91 amend paragraph (c) by removing, in the second
                sentence, the words ``Passenger List, Customs and Immigration Form I-
                418'' and adding in their place ``updated data elements required on CBP
                Form I-418 that were submitted electronically via an electronic data
                interchange system approved by CBP''
                Alejandro N. Mayorkas,
                Secretary, U.S. Department of Homeland Security.
                [FR Doc. 2021-27571 Filed 12-27-21; 8:45 am]
                BILLING CODE 9111-14-P
                

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