Federal Register - December 28, 2021

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Source: Federal Register

Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations NVMC through eNOA/D or another electronic format. CBP requires these vessel operators to update their APIS
manifest electronically through the eNOA/D system; update their paper Form I418 to include a list of departing crew, crew changes, and trip departure details; and submit the paper Form I
418 to CBP. A CBP officer at the port of departure verifies any additional modifications to the form information and sends the completed Form I418
and supporting documentation to the vessels first port of arrival. There, a CBP officer manually reconciles the original Form I418 retained during the initial arrival inspection with the subsequently updated versions of the form and related documentation.
CBP officers spend considerable time vetting pre-arrival data, traveling to/
from a vessel, boarding/disembarking the ship, and conducting admissibility inspections and processing. In addition, CBP officers typically spend 120
minutes 2 hours performing postinspection processing for each vessels paper Form I418 submission from arrival to departure.11 This includes the time CBP spends manually recording form information and actions into CBP
systems, communicating between ports of arrival and departure, manually validating and reconciling data, gathering and sending supporting documentation, physically storing and shipping the manifest package, and tracking the manifest package.
2. Cruise Ships
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Cruise ships follow slightly different procedures from cargo and non-cargo vessels upon arriving at a U.S. port of entry. At their first port of arrival, cruise ship crewmembers and passengers generally offload the ship at a designated terminal, where CBP officers are stationed and readily available to conduct customs and immigration inspections and processing. Under the standard arrival process, the cruise ship operator generally provides two copies of Form I418s complete passenger and crew manifest with all printed pages.12
Cruise ship operators arriving at some POEs submit just two copies of the two signature pages of the paper Form I418
and a compact disc of the manifest in 11 Source: Correspondence with CBPs Office of Field Operations on November 6, 2020.
12 An unknown number of cargo and non-cargo vessel operators and cruise ship operators arriving/
departing at some POEs may provide additional copies of the Form I418 to CBP during each standard arrival/departure. Source: Email correspondence with CBPs Office of Field Operations on November 18, 2020.

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lieu of submitting numerous pages of paper to CBP.
During the standard admissibility inspection process, a CBP officer validates and verifies the cruise ships actual crew and passengers on hand and those departing the vessel generally using the Form I418, the previously submitted APIS manifest, pre-arrival screening results, and passports and visas. Any inspection results and admission/landing rights from such processing are directly recorded into CBP data systems. During cruise ship crew and passenger processing, the CBP
officer also collects the vessel operators signature on the form copies, signs and stamps the documents. The CBP officer then provides one copy of the signed and stamped Form I418 or signature pages for the vessel operator to retain and use in coastwise travel and upon departure from the United States. The CBP officer at the first port of arrival retains the other copy of the signed, stamped, and annotated Form I418 or signature pages for subsequent data reconciliation and recordkeeping purposes.
Once granted entry, the cruise ship may engage in further coastwise travel or depart the United States. If manifest information changes during coastwise movement, 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 I
418 signature pages to a CBP officer at each coastwise port of arrival upon request. The CBP officers at these subsequent ports of arrival review the Form I418 or signature pages and update CBP data systems to reflect any manifest changes, verify new, applicable supporting documentation, take admissibility actions as necessary, and provide the Form I418 or signature pages to the vessel operator for further U.S. travel.
As discussed above, upon departure from the United States, USCG requires commercial vessel operators to submit a NOD to the NVMC through eNOA/D or another electronic format. CBP requires these vessel operators to update their APIS manifest electronically through an approved system currently, the eNOA/
D system and submit the two signature pages of the signed and stamped Form I418 to CBP. See 8 CFR 251.3. A CBP
officer at the port of departure verifies any additional modifications to the form information and sends the completed Form I418 signature page and supporting documentation to the vessels first port of arrival. There, a CBP officer manually reconciles the original Form I418 signature page,
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supporting documentation, and manifest compact disc with the subsequently updated versions of the form and related documentation.
In addition to time spent vetting prearrival data and conducting admissibility inspections and processing, CBP officers spend an average of 20 minutes 0.333 hours performing post-inspection processing for each cruise ships Form I418
submission from arrival to departure.13
This includes the time CBP spends manually validating and reconciling data, gathering supporting documentation, communicating between ports of arrival and departure when necessary, physically storing and shipping the manifest package, and tracking the manifest package when necessary.
3. Additional Form I418 Requirements for Vessels Under Title 19 CFR
Part 4 of title 19 of the CFR provides additional requirements as to when and how a vessel operator must submit Form I418. Under 19 CFR 4.7a, the master of every vessel arriving in the United States and required to make entry must have on board a manifest that includes Form I418. In some instances, a vessel operator may submit a Form I418 in lieu of the Crews Effects Declaration, CBP Form 1304, with supporting documentation. See 19 CFR 4.7a, 4.7ab2, and 4.81d. However, when given the option, most vessel operators submit CBP Form 1304 instead of Form I418 with additional supporting documentation, such as individual CBP
Forms 5129, Crew Members Declaration.
C. Form I418 Automation Test Program Recognizing the need to reduce redundant data collection and implement a seamless process to receive and use vessel arrival and departure information under various regulations, CBP developed a voluntary Form I418 automation test program. The program tested CBPs ability to gather and reconcile information submitted for eNOA/D, APIS, and other electronic purposes for use in generating an automated, electronic Form I418. CBP
implemented this test in two phases as described below. The test varied somewhat across participating ports.
Although the automated test program is still in operation at many ports of entry, the test program will be replaced by the regulatory program addressed in this rule.
13 Source: Email correspondence with CBPs Office of Field Operations on June 2, 2020.

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Federal Register - December 28, 2021

TitoloFederal Register

PaeseStati Uniti

Data28/12/2021

Conteggio pagine363

Numero di edizioni7798

Prima edizione14/03/1936

Ultima edizione18/06/2026

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