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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations generate and transmit a read-only copy of the electronic Form I418, only upon request, with an electronic CBP receipt number, by email to the vessel operator for use during coastwise movement or upon departure from the United States.
The verified electronic passenger and crew list will also be converted to a writeable file and stored in CBP data systems.
As in the automation test program, before departing for their next port of call, vessel operators will be able to transmit any manifest changes subsequent to the vessels inspection at the first port of arrival via the NVMC.
A CBP officer at the next port of arrival will verify these changes and record all updates, inspection results, and related actions in real time in the CBP system using a mobile device or computer station. The CBP officer will then save the updated electronic passenger and crew list in CBP data systems, and email a read-only copy to the vessel operator, if requested. Upon departure from the United States, a CBP officer at the port of departure will verify the vessels arrival, coastwise, and departure manifest data, which CBP data systems will reconcile automatically, and address any discrepancies. Thereafter, the CBP officer will save the completed electronic passenger and crew lists in CBP data systems, where it will be stored electronically for at least five years. In the limited instances where a paper Form I418 is submitted, CBP
will continue its current process of collecting, verifying, and physically storing all paper Form I418 supporting documentation.

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E. Discussion of Regulatory Changes DHS is amending parts 251 and 258
of title 8 of the CFR, as well as part 4
of title 19 of the CFR, as set forth below, to automate Form I418 and, in some provisions, eliminate the option to submit the Form I418 in lieu of other required forms in order to reflect current trade practices and improve efficiency in data submission. The amendments also update the regulations to incorporate plain language consistent with Executive Order 13563, Improving Regulation and Regulatory Review 76 FR 3821.
1. 8 CFR Part 251
Section 251.1 addresses Arrival manifests and lists in the immigration context. Section 251.1a sets out the requirements for arrival manifests and lists for vessels. Specifically, this section requires the master or agent of every vessel to submit a paper Form I418 to CBP at the port where immigration inspection is performed
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and that the master or agent provide certain information regarding longshore work. This section is being amended to reflect the new procedure through which the information requested on Form I418 and about longshore work is submitted electronically through an EDI
approved by CBP. Conforming amendments are being made throughout this section to accommodate the new submission process. For instance, where the regulations state that the master or agent must note on the manifest certain information about longshore work, the regulations are being amended to state that this information must now be indicated in the manifest, because such additional information and annotations will generally no longer be collected on a hard copy, but will be done through an electronic interface.
Section 251.1a is also being amended to include two exceptions to the new general rule that I418 and longshore work data be submitted electronically. The first exception is where 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 due to technical issues, such as when the onboard computer system is malfunctioning, or there is no internet access, and there is no shore-side support available. The second is where CBP is experiencing technical difficulties affecting its receipt or processing of electronically submitted information, or where CBP, in its discretion, determines that a paper Form I418 is acceptable under the circumstances presented by the master or agent of a vessel. The latter includes, but is not limited to, where there is a medical or weather emergency, or, in the case of longshore work, when information and relevant data cannot be submitted through the eNOA/D system due to its format.
Lastly, additional minor amendments are being made to section 251.1 to incorporate plain language including replacing the word shall with either must or will, as appropriate.
Section 251.3 addresses Departure manifests and lists for vessels in the immigration context. Specifically, this section requires the master or agent of every vessel to submit a paper Form I418 to CBP at the port from which the vessel is to depart directly to some foreign place or outlying possession of the United States. This section is being amended to reflect the new procedure through which the information requested on the Form I418 is submitted electronically through an EDI approved by CBP.

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Section 251.3 is also being amended to include two exceptions to the new general rule that I418 data be submitted electronically. The first is where 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 due to technical issues, such as when an onboard computer system is malfunctioning. The second exception allows for a paper Form I418 to be submitted when CBP is experiencing technical issues or where CBP, in its discretion, determines that a paper Form I418 is acceptable under the circumstances presented by the master or agent of a vessel.
Section 251.5 requires the master or commanding officer, or authorized agent, owner, or consignee, of a commercial vessel or commercial aircraft arriving in or departing from the United States to submit arrival and departure manifests in a paper format in accordance with 251.1, 251.3, and 251.4. This section is being amended to remove references to paper, as this information will now be submitted electronically in the vessel context.
2. 8 CFR Part 258
Section 258.2 requires masters and agents who use nonimmigrant crewmen to perform longshore work under one of the exceptions listed in the section, to indicate on the crew manifest that an exception is being used and to note which exception will be performed.
Among other things, it sets forth the documentation that must be presented.
This section is being amended to reflect the new procedure through which the information requested on the Form I
418 is submitted electronically through an EDI approved by CBP. This rule does not make changes to any of the other documentation requirements in section 258.2. Additional minor amendments are being made to section 258.2, such as replacing the term shall with must.
The term Immigration and Naturalization Service is also being updated and replaced with CBP.
3. 19 CFR Part 4
Section 4.7 concerns Inward foreign manifest; production on demand;
contents and form; advance filing of cargo declaration. Pursuant to section 4.7a, a paper Form I418 is a required document for the manifest. This section is being amended to reflect the new electronic submission of the data elements required on Form I418.
Section 4.7a is being amended to require vessel operators to submit the data elements required on Form I418

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