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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations
CBP launched the first phase of the voluntary automation test program at four ports of entry in January 2011. The first phase allowed CBP officers and ports to evaluate the submission of Form I418 data in both electronic and paper format to verify the similarity of information captured and identify any anomalies in the methods used.
Moreover, it allowed CBP officers to rely solely on electronic manifest data submissions to build a vessels departure manifest, thus eliminating the need for vessel operators to submit the departure manifest in paper format.
By June 2011, CBP implemented the second and final phase of the voluntary test program, which fully transitioned the submission of Form I418 data to an automated, paperless process for certain commercial vessel operators. In place of submitting the required I418
information on the paper Form I418, vessel operators participating in the I
418 Automation test program could transmit this data through eNOA/D and APIS data submissions. Under the automation test, CBP systems automatically compiled eNOA/D, APIS, and any other electronic manifest data submitted electronically by test participants prior to arrival and at departure into a pre-populated electronic Form I418. Upon a participating cargo or non-cargo vessels arrival, CBP largely pre-vetted the electronic Form I418 and printed out a paper copy of the form for customs and immigration inspection and processing purposes.
As with current arrival requirements for cargo and non-cargo commercial vessels, a CBP officer then boarded the vessel, conducted inspections, annotated the admissibility inspection results on the paper Form I418, collected the vessel operators signature on the form, and signed and stamped the document. Before disembarking the vessel, the CBP officer had the vessel operator make a copy of the signed, stamped, and annotated paper Form I418 for further coastwise travel and departure. The CBP officer then returned to the port office to manually record the inspection results and related actions annotated on the original Form I418 into CBP data systems.
For cruise ships participating in the I
418 Automation test program, CBP
generally pre-vetted the electronic Form I418, printed out a paper copy of the Form I418s two signature pages, and conducted passenger and crew processing like the standard process at a terminal. Instead of requiring the submission of a full paper Form I418
or manifest CDs, CBP officers largely conducted arrival inspections and
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processing electronically at the terminal. CBP officers also used the two paper Form I418 signature pages to collect the vessel operators signature and to sign and stamp the pages to generally meet existing paper Form I418 retention requirements.
Before departing for their next port of call, test participants could transmit any manifest changes subsequent to the initial inspection at the port of arrival via the eNOA/D system. These changes included, but were not limited to, the sign-on or sign-off of crewmembers. As under the standard commercial vessel arrival/departure process, a CBP officer at the next port of call verified that the information submitted met the vessels regulatory requirements. Upon departure from the United States, a CBP
officer at the port of departure performed an electronic reconciliation of the vessels arrival, coastwise, and departure manifest data and addressed any discrepancies. Then, the officer sent all paper documentation, typically via fax, to the first port of arrival.
In 2015, CBP migrated to mobile devices that allowed CBP officers to electronically conduct Form I418
processing for cargo and non-cargo vessel arrivals including I418
Automation test program participants and non-participants at different ports of entry, thereby removing the need to print off a paper Form I418. With these devices, CBP officers directly recorded the inspection results and related actions into CBP data systems at the time of inspection and processing. In 2016, CBP successfully deployed its preexisting electronic signature hereafter, e-signature capability through its mobile devices at five major sea ports of entry. This tool allowed for the electronic collection of vessel operator and CBP officer signatures on the Form I418, which removed the need to print off a copy of the Form I418 and have the vessel operator sign it. Despite these streamlined electronic processing methods, CBP continued to also record vessel inspection results and signatures on the paper form and physically stamp the form to meet the regulatory requirements in place regarding the submission and retention of paper Form I418.
Most U.S. ports of entry along with approximately 15 percent of cargo and non-cargo vessels and 56 percent of cruise ships are fully or partially participating in the above-described voluntary automation test program, including electronic submissions and e-signature capabilities.14
14 Based
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on fiscal year FY 2019 data.

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D. Form I418 Automation Regulatory Program CBP is amending its regulations to require the electronic submission of the data elements required on Form I418
in lieu of its current paper form. This will streamline vessel arrival and departure processes by eliminating redundant data submissions, simplifying vessel inspections, and automating recordkeeping. The updated regulations will require vessel operators to electronically submit the data elements required on the Form I418 via an EDI approved by CBP. CBP will continue to use the eNOA/D system as the approved EDI. Under this process, CBP systems will compile eNOA/D, APIS, and any other electronic manifest data submitted by vessel operators to the NVMC prior to arrival and at departure into an automated CBP
system. CBP will use its system for all commercial vessel crew and passenger admissibility inspections and processing, and thus generally establish a fully paperless passenger and crew list process for all commercial vessel arrivals and departures. Any changes to the CBP-approved EDI will be announced in a notice published in the Federal Register.
With this automated system, for each commercial vessel arrival from a foreign port or place, CBP will be able to prevet the vessels electronic passenger and crew list, travel to/from and board/
disembark the vessel for cargo and noncargo vessels only, conduct inspections, and record the admissibility inspection results and related actions in real time using a mobile device or computer station for the majority of cruise ships.15 During arrivals/departures processed with mobile devices, CBP officers will directly record the inspection results and related actions into CBP data systems at the time of inspection and processing, eliminating the need for CBP officers to manually input the inspection results and related actions into CBP data systems later at the port office. CBP will also use the mobile devices to verify the electronically submitted data during the inspection process. The inspecting CBP officer will no longer collect the vessel operators signature for the Masters certification, as now the act of submitting the data electronically will constitute certification. Once the passenger and crew list is verified electronically by the inspecting CBP officer, CBP will 15 CBP processes the majority of cruise ship arrivals at terminals using computer stations;
however, CBP now processes some cruise ship arrivals using mobile devices.

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