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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations on the Form I418, 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 USCBP20210046.
Due to COVID19-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 COVID19-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, Stephen.M.Dearborn@cbp.dhs.gov or 202 3441707; 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, Brian.A.Sale@cbp.dhs.gov or 202 325
3338.
SUPPLEMENTARY INFORMATION:

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Table of Contents I. Public Participation II. Background A. Overview B. Current Commercial Vessel Arrival and Departure Processing C. Form I418 Automation Test Program D. Form I418 Automation Regulations E. Discussion of Regulatory Changes 1. 8 CFR part 251
2. 8 CFR part 258
3. 19 CFR part 4

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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 ListCrew 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 I418, simplifying vessel inspections, and automating recordkeeping for the Form I418.
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 160.201216. In addition to other data elements, each NOA must include information on the crew and passengers on board the vessel. See 33 CFR 160.206a. 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
231.1a and 19 CFR 4.7b.
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 I418, to CBP at the port of entry where immigration inspection is performed.4 5 See 8 CFR
251.1a1. Manifest information collected on the Form I418 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 I418 requires the vessel operator to note which exception of the Immigration and Nationality Act permits the work. See 8 CFR
251.1a2ii and 258.2.
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 4.7bb2ii.
Additionally, a CBP officer at the coastwise port generally updates the vessels original paper Form I418 to reflect any changes.
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 160.210a.
4 For more information on the exemptions for certain Great Lakes vessels, see 8 CFR 251.1a3.
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 I418
on paper along with a compact disc containing their passenger and crew manifest details.

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