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DHS/USCBP RIN: 1651-AB18 Publication ID: Fall 2021 
Title: Automation of CBP Form I-418 for Vessels 
Abstract:

This rule amends the Department of Homeland Security’s regulations regarding the submission of U.S. Customs and Border Protection Form I-418, Passenger List - Crew List (Form I-418). Currently, the master or agent of every commercial vessel arriving in the United States, with limited exceptions, must submit a paper Form I-418, along with certain information regarding longshore work, to CBP at the port where immigration inspection is performed. Most commercial vessel operators are also required to submit a paper Form I-418 to CBP at the final U.S. port prior to departing for a foreign port. Under this rule, most vessel operators would be required to electronically submit the data elements on Form I-418 to CBP through the National Vessel Movement Center in lieu of submitting a paper form. This rule would eliminate the need to file the paper Form I-418 in most cases. This will result in an opportunity cost savings for vessel operators as well as a reduction in their printing and storage costs. CBP no longer needs this information as it is receiving it from the Coast Guard.

 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 8 CFR 251.1    8 CFR 251.3    8 CFR 251.5    8 CFR 258.2    19 CFR 4.7 and 4.7a    19 CFR 4.50    19 CFR 4.81    19 CFR 4.85    19 CFR 4.91   
Legal Authority: 5 U.S.C. 301    8 U.S.C. 1101 and 1103    8 U.S.C. 1182    8 U.S.C. 1221    8 U.S.C. 1281 and 1282    19 U.S.C. 66    19 U.S.C. 1431    19 U.S.C. 1433    19 U.S.C. 1434    19 U.S.C. 1624    19 U.S.C. 2071 note    46 U.S.C. 501    46 U.S.C. 60105   
Legal Deadline:  None

Statement of Need:

Currently, the master or agent of every commercial vessel arriving in the United States, with limited exceptions, must submit Form I-418, along with certain information regarding longshore work, in paper form to CBP at the port where immigration inspection is performed. Most commercial vessel operators are also required to submit a paper Form I-418 to CBP at the final U.S. port prior to departing for a foreign place. Alternative, most vessel operators are required to electronically submit the same information to the U.S. Coast Guard (USCG) prior to arrival into a U.S. port. Under this rule, vessel operators will be required to electronically submit the data elements on Form I-418 to CBP through an electronic data interchange system (EDI) approved by CBP in lieu of submitting a paper form. This rule will streamline vessel arrival and departure processes by providing for the electronic submission of the information collected on the Form I-418, eliminating redundant data submissions, simplifying vessel inspections, and automating recordkeeping.

Anticipated Costs and Benefits:

This rule will automate the Form I-418 process for all commercial vessel operators and eliminate the regulatory guidelines in place regarding the submission and retention of paper Form I-418s. These changes will generally not introduce new costs to commercial vessel operators, but they will introduce some costs to CBP. If vessel operators request a copy of their stamped and annotated electronic Form I-418, which they receive by paper now for CBP processing, they will incur negligible costs to do so. CBP will incur technology and printing costs from the Form I-418 Automation regulatory program, including costs to maintain mobile devices for real-time, electronic processing, and to print the paper Form I-418 until the admissibility inspection process is completely paperless.


However, this rule will provide considerable benefits and cost savings to both vessel operators and CBP. Following this rule’s implementation, vessel operators will enjoy cost savings from forgone paper Form I-418 submissions and form printing. CBP will experience a cost savings from the rule’s avoided printing, streamlined mobile post-inspection processing and electronic recordkeeping. In turn, CBP may dedicate these cost savings to other agency mission areas, such as improving border security or facilitating trade.

Timetable:
Action Date FR Cite
Interim Final Rule  12/00/2021 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Data Printed in the FR: No 
Agency Contact:
Brian Sale
Branch Chief, Manifest & Conveyance Security Division, Cargo & Conveyance, Office of Field Operation
Department of Homeland Security
U.S. Customs and Border Protection
1300 Pennsylvania Avenue NW,
Washington, DC 20229
Phone:202 325-3338
Email: brian.a.sale@cbp.dhs.gov; ofo-manifestbranch@cbp.dhs.gov