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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations
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Upon departure from the United States, USCG collects updated manifest information from commercial vessel operators via a Notice of Departure NOD submitted to the NVMC through eNOA/D or another electronic format.
See 33 CFR 160.201216. Also at the time of departure, CBP requires vessel operators to update their original paper Form I418 submission to include a list of departing crew, crew changes, and trip departure details.6 See 8 CFR 251.3.
A CBP officer at the port of departure typically verifies any changes to the Form I418 information and sends the updated form to the vessels first port of arrival for final data reconciliation and recordkeeping purposes.
Despite similarities in the vessel arrival and departure data submitted in accordance with the Form I418, APIS, and USCG requirements, data transmitted electronically, such as through eNOA/D, does not satisfy the current Form I418 regulatory requirements, which state that Form I
418 must be submitted in paper format.
See 8 CFR 251.5. As described in depth below, these overlapping submission requirements create a substantial burden on vessel operators, and the maintenance, verification, and storage of the paper Form I418 is a significant burden on CBP officers and the agency as a whole.
To reduce redundant data submissions and to ease burdens on vessel operators and the agency itself, CBP is modifying its regulations to allow for the electronic submission of Form I418 only. The updated regulations require vessel operators to submit the data elements required on Form I418 electronically via an electronic data interchange system EDI
approved by CBP. Presently, the CBPapproved EDI is eNOA/D. Data submitted via eNOA/D will be automatically transmitted to CBP, which will use the information to populate an electronic version of the Form I418.7
The information currently collected through eNOA/D will satisfy the required data elements for populating the electronic version of the Form I418
for CBPs purposes. The act of electronically submitting the data elements required on Form I418
constitutes the Masters certification that CBP baggage declaration requirements have been made known to 6 Certain
Great Lakes vessels are also exempt from this requirement. See 8 CFR 251.3b.
7 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. This rule does not change this practice.

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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 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. As explained further below, CBP will no longer collect the vessel operators signature for the Masters certification during inspection.
The electronically submitted information will then be reviewed and confirmed by the inspecting CBP officer.
This rule will streamline vessel arrival and departure processes by eliminating redundant data submissions, simplifying vessel inspections, and automating recordkeeping. Any changes regarding the CBP-approved EDI will be announced in a notice published in the Federal Register.
B. Current Commercial Vessel Arrival and Departure Process Commercial vessels arriving at and departing from U.S. ports of entry must comply with statutory and regulatory requirements to engage in U.S. trade.8
Commercial vessels, regardless of whether they are cargo, non-cargo,9 or cruise ships, traveling to a U.S. port of entry from a foreign port or place must begin their trip by submitting certain manifest information electronically to USCG and CBP prior to arrival. Once at a U.S. port of entry, commercial vessels must submit additional information and undergo customs and immigration inspections and processing. These arrival requirements vary by commercial vessel type and slightly differ by port of entry.
1. Cargo and Non-Cargo Vessels In general, upon a cargo or non-cargo vessels arrival, CBP officers at the port of entry travel to the vessels docking station and board it. Next, CBP requests and reviews the vessels entry and manifest documentation, along with passenger and crew passports and visas.
For manifest verification, the vessels operator or agent typically submits two copies of the vessels passenger and crew manifest using Form I418 to the CBP officers aboard the vessel. CBP uses the paper Form I418 for crew and 8 The regulatory requirements concerning how and when a vessel operator must submit an I418
are contained in parts 251 and 258 of title 8 of the Code of Federal Regulations, and in part 4 of title 19 of the Code of Federal Regulations.
9 For the purposes of this document, non-cargo commercial vessels include all commercial vessels other than cargo ships and cruise ships. Tugboats fall under this classification.

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passenger admissibility inspections and processing.
During the admissibility inspection process, a CBP officer verifies the actual crew and passengers on hand and those departing the vessel using a copy of the paper Form I418, the previously submitted APIS manifest, pre-arrival screening results, and passports and visas. Barring any unresolvable issues, the CBP officer annotates the inspection results, including any discrepancies, on the paper Form I418 submissions. The CBP officer collects the vessel operators signature on the form and signs and stamps the documents. The CBP officer then provides one copy of the signed, stamped, and annotated Form I418 to the vessel operator to use during coastwise travel and upon departure from the United States. The CBP officer at the first port of arrival retains the other copy of the original signed, stamped, and annotated Form I418 for subsequent data reconciliation and recordkeeping purposes.
After the admissibility inspections and processing are complete, the CBP
officers disembark the vessel, travel back to their port office, manually record the results of their inspections and related actions into CBP data systems, and send applicable Form I
418 supporting documentation, to the next port of arrival.
Once granted entry, the vessel may engage in further coastwise travel within the territorial waters of the United States or depart the United States. If manifest information changes after initial submission, the vessel operator must update the APIS manifest electronically through the eNOA/D
system. The vessel operator must also present the initial signed, stamped, and annotated Form I418 copy to a CBP
officer when requested at a coastwise port of arrival.10 The CBP officers at these subsequent ports of arrival update the Form I418 to reflect any manifest changes, verify new supporting documentation if applicable, take admissibility actions as necessary, and provide the updated Form I418 to the vessel operator for further U.S. travel and ultimate departure. The CBP
officers at each coastwise port send a copy of the updated Form I418 to the vessels first port of arrival for data reconciliation and recordkeeping purposes.
Upon departure from the United States, USCG requires commercial vessel operators to submit a NOD to 10 Per sections 235 and 252 of the Immigration and Nationality Act, CBP may board and inspect vessels at subsequent coastwise ports of arrival. See 8 U.S.C. 1225d; See also 8 U.S.C. 1282.

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