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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations
D.C. Cir. 2015 explaining that the good cause exception applied because commentators could not have said anything during a notice and comment period that would have changed the agencys response to a judicial decision. The Departments notified the public in March that if the injunction remains in effect on December 31, 2021, the Departments may delay the effective date of the Security Bars rule further. 86 FR at 15071.19

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 are deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995.

B. Executive Order 12866 and Executive Order 13563

E. Congressional Review Act This rule is not a major rule as defined by section 804 of the Congressional Review Act CRA. 5
U.S.C. 804. This rule will not result in an annual effect on the economy of $100
million or more; a major increase in costs or prices; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based enterprises to compete with foreign based enterprises in domestic and export markets. The Departments have complied with the CRAs reporting requirements and have sent this rule to Congress and to the Comptroller General as required by 5 U.S.C. 801a1.

Executive Orders 12866 Regulatory Planning and Review and 13563
Improving Regulation and Regulatory Review direct agencies to assess the costs, benefits, and transfers of available 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, reducing costs, harmonizing rules, and promoting flexibility. Pursuant to Executive Order 12866, the Office of Information and Regulatory Affairs of the Office of Management and Budget determined that this rule is significant under Executive Order 12866 and has reviewed this regulation.
C. Regulatory Flexibility Act
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The Departments have reviewed this rule in accordance with the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., and have determined that this rule to further delay the effective date of the Security Bars rule 85 FR 84160 will not have a significant economic impact on a substantial number of small entities.
Neither the Security Bars rule, nor this rule to delay its effective date, regulate small entities as that term is defined in 5 U.S.C. 6016. Only individuals, rather than entities, are eligible to apply for asylum and related forms of relief, and only individuals are placed in immigration proceedings.
19 In response to the March Security Bars Delay IFR, the Departments received one comment objecting to a further delay. The commenter asserted that implementation was needed to mitigate the risk of the potential spread of deadly communicable diseases by noncitizens from countries where the disease was prevalent. As noted, however, agencies have been enjoined from applying bars to asylum eligibility and withholding of removal when making a credible fear determination.

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F. Executive Order 13132 Federalism 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, the Departments believe that this rule will not have sufficient federalism implications to warrant the preparation of a federalism summary impact statement.
G. Executive Order 12988 Civil Justice Reform This rule meets the applicable standards set forth in section 3a and 3b2 of Executive Order 12988.
H. Paperwork Reduction Act This rule does not create new, or revisions to existing, collections of information as that term is defined under the Paperwork Reduction Act of 1995, Public Law 10413, 44 U.S.C.
chapter 35, and its implementing regulations, 5 CFR part 1320.
I. Executive Order 13175 Consultation and Coordination With Indian Tribal Governments This rule does not have tribal implications because it does not have substantial direct effects on one or more Indian tribes, on the relationship
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between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
Accordingly, Executive Order 13175
Consultation and Coordination with Indian Tribal Governments requires no further agency action or analysis.
Alejandro N. Mayorkas, Secretary, U.S. Department of Homeland Security.
Dated: December 18, 2021.
Merrick B. Garland, Attorney General, Department of Justice.
FR Doc. 202128016 Filed 122721; 8:45 am BILLING CODE 441030P; 911197P

DEPARTMENT OF HOMELAND
SECURITY
8 CFR Parts 251 and 258
U.S. Customs and Border Protection 19 CFR Part 4
Docket No. USCBP20210046; CBP Dec.
No. 2119
RIN 1651AB18

Automation of CBP Form I418 for Vessels U.S. Customs and Border Protection, DHS.
ACTION: Interim final rule; solicitation of comments.
AGENCY:

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 I418, Passenger ListCrew List Form I418 in paper form. Currently, the master or agent of every commercial vessel arriving in the United States, with limited exceptions, must submit Form I418, 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 I418. Under this rule, vessel operators will be required to electronically submit the data elements on Form I418 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
SUMMARY:

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