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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations 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.

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F. Executive Order 12988 Civil Justice Reform This rule meets the applicable standards set forth in sections 3a and 3b2 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 I418 information collected under 8 CFR part 251.1 and 8 CFR part 251.3 is included under OMB control number 16510103. Under the Automation of CBP Form I418 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
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electronic version of Form I418. CBP
will use the automated, electronic Form I418 for all commercial vessel crew and passenger admissibility inspections and processing, and thus generally establish a completely paperless Form I418 process for all commercial vessel arrivals and departures. CBP plans to retain the paper Form I418 and conduct paper Form I418 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 I418 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 16510103 along with this rules 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.

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TITLE 8ALIENS AND
NATIONALITY
PART 251ARRIVAL AND
DEPARTURE MANIFESTS AND LISTS:
SUPPORTING DOCUMENTS
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.
251.1

Amended
2. Amend 251.1 as follows:
a. Revise paragraph a1;
b. Revise paragraph a2 introductory text;
c. In paragraph a2i, remove the word notation and add in its place information;
d. In paragraph a2ii introductory text, remove the words shall note and adding in their place must indicate;
e. In paragraph a2iiiA, remove the words shall note on and adding in their place must indicate in;
f. In paragraph a2iiiB:
i. Remove the words shall note on and add in their place must indicate in; and ii. Remove the the words shall show and add in their place must show;
g. In paragraph a2iv introductory text:
i. In the first sentence remove the words shall note on and add in their place must indicate in; and ii. In the second sentence, remove the words shall note and add in their place must indicate;
h. In paragraph a2v:
i. Remove the words shall note on and add in their place must indicate in; and ii. Remove the words will note the and add in their place will indicate the;
i. In paragraph a3i introductory text, remove the words shall not be and add in its place is not;
j. In paragraph a3ii, remove the words shall note the manifest in the manner and add in their place must follow the instructions;
k. In paragraph a3iii:
i. Remove the words shall not be and adding in their place is not; and ii. remove the words noted on and add in their place indicated in;
l. In paragraph a4, remove the words shall annotate Form I418
presented at the onward port to indicate and add in their place must electronically submit via an electronic data interchange system approved by CBP;
m. In paragraph a5, remove the words accompany the manifest and add in their place be sent to CBP

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