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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations
electronically or be presented to CBP
upon arrival at the port of immigration inspection;
n. Add paragraph a6;
o. In paragraph b:
i. Remove the word shall wherever it appears and add in its place must;
ii. Remove the words United States Customs Service and add in their place CBP; and iii. Remove the word annotate and add in its place electronically update the data in;
p. In paragraph c, remove the word shall and add in its place must.
The revisions and addition read as follows:

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251.1

Arrival manifests and lists.

a 1 General. Except as provided in paragraph a6 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 I418, Passenger ListCrew List, via an electronic data interchange system approved by CBP.
2 Longshore work information.
Except as provided in paragraph a6
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 I418 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 I418 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 I418
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 I418 is acceptable under the circumstances
VerDate Sep<11>2014

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presented by the master or agent of a vessel.

PART 258LIMITATIONS ON
PERFORMANCE OF LONGSHORE
WORK BY ALIEN CREWMEN

3. Amend 251.3 by:
a. Revising paragraph a; and b. Adding a new paragraph c;
The revision and addition read as follows:

251.3 Departure manifests and lists for vessels.

a Form I418, 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 I418 via an electronic data interchange system approved by CBP, except when a manifest is not required pursuant to section 251.1a.
Submission of inaccurate or incomplete data will be regarded as lack of compliance with section 251c of the Act.

c Exception to the requirement to submit Form I418 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 I418 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 I418 is acceptable under the circumstances presented by the master or agent of a vessel.
4. Amend 251.5 as follows:
a. Revise the section heading; and b. Remove the words in a paper format.
The revision reads as follows:

251.5
crew.

PO 00000

Arrival and departure manifests for

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Fmt 4700

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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.
258.2

Amended
6. Amend 258.2 as follows:
a. In the introductory text, remove the words shall note and add in their place must indicate;
b. In paragraph a2, remove the words shall note on and add in their place must indicate in;
c. In paragraph b2i, remove the words states on the manifest, Form I
418, and add in their place indicates in the manifest, or on Form I418 if submitting the paper version,;
d. In paragraph b2ii:
i. Remove the words states on and add in their place indicates in; and ii. Remove the words shall present and add in their place must present;
e. In paragraph b2iiiA, remove the word shall and add in its place must;
f. In paragraph b2iiiB:
i. Remove the word shall and add in its place must; and ii. Remove the words Immigration and Naturalization Service and add in their place CBP;
g. In paragraph b2iv;
i. In the first sentence, remove the words states on and add in their place indicates in;
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;
h. In paragraph b3, in the third sentence, remove the words shall annotate and add in their place must indicate in;
i. In paragraph b4:
i. In the first sentence, remove the words the Immigration and Naturalization Service wherever they appear, and add in their place CBP
and remove 258cEi and add 258c4Ei in its place; and ii. In the second sentence, remove the words The Service and add in their place CBP; and j. In paragraph e:
i. In the first sentence, remove the word shall and add in its place must; and ii. In the second sentence, remove noted on the Form I410 and add in its place indicated on the electronically populated, or in the circumstances specified in section 251.1
of this chapter, paper, Form I418.

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