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Federal Register / Vol. 86, No. 246 / Tuesday, December 28, 2021 / Rules and Regulations
via the EDI approved by CBP, and to provide that the electronic submission will be considered part of the manifest required under this section.
Section 4.7a addresses Inward manifest; information required;
alternative forms. Pursuant to Section 4.7ab2, the master of a vessel may, in lieu of describing the articles on CBP
Form 1304, furnish a CBP Form I418.
However, submitting CBP Form I418
with the required CBP Form 5129
instead of CBP Form 1304 generally takes more time for the trade community to complete and takes more time for CBP to review and process the forms, as well as providing redundant information contained in other required forms. Therefore, to reflect current trade practices and improve data submission efficiency, this section is being amended to remove the option of filing a paper Form I418 instead of CBP Form 1304.
Conforming edits are also being made to section 4.7a, for the same reason.
Sections 4.7ad and e are being amended to incorporate the information submission requirements contained in section 4.7b concerning the APIS data.
Section 4.7ae is being amended to remove the certification requirements.
Currently, the regulation requires a paper form certification to be attached to Form I418. In light of the automation of CBP Form I418, it will be impractical to require a paper form certification. Under this rule, vessel operators will be required to submit the data elements required on CBP Form I418 via an electronic data interchange system approved by CBP. The regulation specifies that the act of electronically submitting the data will serve as the Masters certification, as described further in this preambles discussion of the amendments to section 4.50.
Section 4.50 concerns the passenger lists that the master of every vessel arriving at a U.S. port from a foreign port or place must submit. Specifically, section 4.50a requires the master of the vessel to submit Form I418 if the vessel is arriving from a noncontiguous foreign territory and is carrying steerage passengers. Section 4.50a is being amended to reflect the new procedure for submitting the data elements of Form I418 through an EDI approved by CBP, including reference to the required information required under section 4.7bb3 for such passengers. Section 4.50 is also being amended to include a new paragraph c that will replace the paper form certification requirement in section 4.7ae. New subsection 4.50c, provides that by the act of submitting the data elements required on CBP Form I418 via an electronic data interchange system approved by CBP, the vessel
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operator certifies that CBP baggage declaration requirements have been made known to 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.
Section 4.81 addresses Reports of arrivals and departures in coastwise trade. Section 4.81d provides the master of the vessel with an option of either submitting the traveling Crews Effects Declaration, Customs Form 1304, or Form I418 with attached Customs Form 5129, with the port director upon arrival at each port in the United States.
Like the amendment to remove the option to submit Form I418 in section 4.7a, this section is being amended to remove the option of filing a Form I418
instead of CBP Form 1304 to reflect current trade practices and improve data submission and efficiency.
Section 4.91 concerns the diversion of a vessel and the transshipment of cargo.
Section 4.91c requires that when inward foreign cargo or passengers are transshipped to another vessel under customs supervision, a separate traveling manifest must be used for the transshipped cargo or passengers.
Section 4.91c provides the master of the vessel with the option of submitting either a Cargo Declaration, CBP Form 1302, or Form I418. This section is being amended to reflect the new procedure for submitting the data elements of Form I418 through an EDI
approved by CBP.
III. Statutory and Regulatory Requirements A. Administrative Procedure Act The Administrative Procedure Act APA generally requires agencies to publish a notice of proposed rulemaking in the Federal Register 5 U.S.C. 553b and provide interested persons the opportunity to submit comments 5
U.S.C. 553c. However, the APA
provides an exception to this prior notice and comment requirement for rules of agency organization, procedure, or practice 5 U.S.C.
553bA. This interim final rule is a procedural rule promulgated for efficiency purposes that falls within this exception.
This rule is procedural because it merely automates an existing reporting requirement for vessel masters or agents pursuant to existing statutes and
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regulations. See 8 U.S.C. 1103, 1182, 1221, 1281, 1282; 8 CFR part 2; 19
U.S.C. 66, 1431, 1433, 1434, 1624, 2071
note; and 19 CFR part 4. The rule changes the format in which vessel masters or agents must present required information to CBP. Under the amended regulations, vessel masters or agents will no longer be required to complete and submit the paper Form I418.
Instead, all required information must be submitted to CBP electronically through the electronic data interchange system approved by CBP, which has been the practice for most vessel masters and agents by submitting the information through eNOA/D. This rule neither affects the substantive criteria by which CBP officers inspect vessels upon arrival or departure nor the nature of the information required by CBP.
Although this procedural rule is exempt from prior notice and comments procedures, DHS is providing the public with the opportunity to comment without delaying implementation of this rule. DHS will respond to the comments received when it issues a final rule.
B. Executive Order 13563 Improving Regulation and Regulatory Review and Executive Order 12866 Regulatory Planning and Review Executive Orders 13563 Improving Regulation and Regulatory Review and 12866 Regulatory Planning and Review direct agencies to assess the costs and benefits of available regulatory 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, of reducing costs, of harmonizing rules, and of promoting flexibility.
The Office of Management and Budget OMB has designated this rule a significant regulatory action, although not economically significant, under section 3f of Executive Order 12866.
Accordingly, the rule has been reviewed by OMB. CBP has also prepared a regulatory impact assessment to help inform stakeholders of the impacts of this rule, which CBP has summarized below. The complete standalone analysis can be found in the public docket for this rulemaking at http
www.regulations.gov. The standalone analysis also focuses on the costs and benefits experienced during the I418
Automation test program period FY
2011 through FY 2020.

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