Federal Register - December 28, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations 1. Executive Summary Through the Automation of CBP Form I418 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 I418 in lieu of paper form submissions.
CBP will no longer require the paper Form I418. The updated regulations will require vessel operators to electronically submit the data elements required on the Form I418 via an EDI
approved by CBP. CBP will continue to use USCGs 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 I418.16 The act of electronically submitting the data elements required on Form I418 will also constitute the vessel Masters certification that the manifest information is accurate,17 and eliminate the current need to generally collect Form I418s vessel master or operator and CBP officer signatures for certification.18 CBP will also retain its authority to require paper Form I418
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.
CBP is currently operating an I418
Automation test program, which serves as the basis for the regulatory program.
The impact of the I418 Automation regulatory program will slightly differ from the I418 Automation test program due to its complete paper Form I418
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 I418 process, the I418
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 I418. 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 I418s until the admissibility inspection process is completely paperless. Across the period of analysis, these monetized costs will equal $45,000 in present
73625
value and $12,000 on an annualized basis. These costs represent the total costs of the rule.
Following this rules implementation, vessel operators will enjoy $16.1 million in monetized present value cost savings from automated Form I418
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 rules forgone printing requirements, streamlined mobile processing and postinspection 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 I418 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 I418 AUTOMATION REGULATORY PROGRAM, FY 2021
FY 2025
2019 U.S. Dollars Present values 3% Discount rate
Annualized values
7% Discount rate
3% Discount rate
7% Discount rate
Total Cost
Total Benefit
$52,067
62,546,086
$45,458
53,306,084
$11,710
14,066,940
$11,863
13,910,918
Total Net Benefit
62,494,018
53,260,626
14,055,230
13,899,055
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Notes: The estimates in this table are contingent upon CBPs vessel arrival/departure projections as well as the discount rates applied. Estimates may not sum to total due to rounding.
16 The embark date required on Form I418 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
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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 I418 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
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submit the data elements required on Form I418
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 shoreside 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 I418 is acceptable under the circumstances presented by the master or agent of a vessel.
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