[Federal Register Volume 90, Number 219 (Monday, November 17, 2025)]
[Rules and Regulations]
[Pages 51081-51091]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-19983]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 90, No. 219 / Monday, November 17, 2025 /
Rules and Regulations
[[Page 51081]]
DEPARTMENT OF HOMELAND SECURITY
8 CFR Parts 251 and 258
U.S. Customs and Border Protection
19 CFR Part 4
[Docket No. USCBP-2021-0046; CBP Dec. No. 2X-XX]
RIN 1651-AB18
Automation of CBP Form I-418 for Vessels
AGENCY: U.S. Customs and Border Protection, DHS.
ACTION: Final rule.
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SUMMARY: This rule adopts as final, without change, interim amendments
to title 8 and title 19 of the Code of Federal Regulations published in
the Federal Register on December 28, 2021, that require commercial
vessel operators to electronically submit the data elements of Form I-
418 to U.S. Customs and Border Protection (CBP) in lieu of submitting a
paper form. This electronic submission streamlines vessel arrival and
departure processes by eliminating redundant data submissions,
simplifying vessel inspections, and automating recordkeeping.
DATES: This rule is effective November 17, 2025.
FOR FURTHER INFORMATION CONTACT: For title 8 of the Code of Federal
Regulations inquiries, contact Stephen Dearborn, Enforcement Programs
Division, Admissibility and Passenger Programs, Office of Field
Operations, [email protected] or (443) 765-9751; for title
19 of the Code of Federal Regulations inquiries, contact Brian Sale,
Manifest and Security Division, Cargo and Conveyance Security, Office
of Field Operations, [email protected] or (202) 325-3338.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Homeland Security (DHS), including U.S. Customs
and Border Protection (CBP) and U.S. Coast Guard (USCG), regulations
require commercial vessels and their operators \1\ to meet several data
submission requirements when arriving in the United States from a
foreign place or outlying possession of the United States and when
departing the United States for a foreign place or outlying possession
of the United States. Both CBP and the USCG collect information in
these contexts, and many of the data elements that the two agencies
collect overlap.\2\ While some of this data must be submitted
electronically, CBP previously required certain data to be submitted on
paper, such as the Form I-418, Passenger List--Crew List (Form I-418).
DHS and CBP amended the applicable regulations in an interim final rule
(IFR) published on December 28, 2021 (86 FR 73618). The interim
regulations require commercial vessel operators to submit the data
elements of Form I-418 electronically, instead of in a paper format, in
an effort to streamline the vessel arrival and departure processes,
simplify vessel inspections, and automate recordkeeping for Form I-418.
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\1\ For the purposes of this document, ``operators'' include
masters or commanding officers, or authorized agents, owners, or
consignees.
\2\ The USCG requires commercial vessel operators to submit
either a Notice of Arrival (NOA) or Notice of Departure (NOD) to the
National Vessel Movement Center (NVMC) through its electronic Notice
of Arrival/Departure (eNOA/D) system or via email in advance of U.S.
arrival or departure. See 33 CFR 160.201-160.216. In addition to
other data elements, each NOA/NOD must include information on the
crew and passengers on board the vessel. See 33 CFR 160.206(a). Upon
satisfactory submission, USCG processes the information via the
eNOA/D web portal and then the system automatically transmits it to
CBP as an Advance Passenger Information System (APIS) manifest for
arrivals. An APIS manifest is a CBP pre-arrival requirement. See 8
CFR 231.1(a) and 19 CFR 4.7b.
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II. Adoption of the Interim Final Rule
Although the interim regulations were promulgated as a procedural
rule, and thus exempt from prior notice and comment requirements, CBP
provided the public with the opportunity to comment on the rule and
stated that CBP would consider the comments before adopting the interim
regulations as a final rule. 86 FR 73624. The prescribed comment period
closed on February 28, 2022, sixty days after the IFR published in the
Federal Register. No comments were received in response to the
solicitation of public comments.
Accordingly, CBP has decided to adopt the IFR published at 86 FR
73618 on December 28, 2021, without change.
III. Statutory and Regulatory Reviews
A. Executive Orders 12866, 13563, and 14192
Executive Orders 12866 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 14192 (Unleashing Prosperity
Through Deregulation) directs agencies to significantly reduce the
private expenditures required to comply with Federal regulations and
provides that ``any new incremental costs associated with new
regulations shall, to the extent permitted by law, be offset by the
elimination of existing costs associated with at least 10 prior
regulations.''
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This final rule is considered a deregulatory action under Executive
Order 14192. We estimate that this rule generates $18.4 million in net
annualized cost savings at a 7% discount rate, discounted relative to
year 2024, over a perpetual time horizon.
1. Purpose of Rule
Current statutes and regulations require commercial vessels and
their operators \3\ to meet several data submission requirements for
arrival at and departure from a U.S. port of entry (POE). The U.S.
Coast Guard (USCG) requires commercial vessel operators to submit a
Notice of Arrival (NOA) to the
[[Page 51082]]
agency's National Vessel Movement Center (NVMC) \4\ through its
electronic Notice of Arrival/Departure (eNOA/D) system or via email in
advance of U.S. arrival.\5\ Each NOA must include arriving vessel,
voyage, cargo, crew, longshore work, passenger, operational equipment
condition, international safety management status, and cargo
declaration information.\6\ Upon satisfactory submission, USCG
processes the information via the eNOA/D web portal and then the system
automatically transmits it to CBP as an Advance Passenger Information
System (APIS) manifest.\7\ An APIS manifest is a CBP pre-arrival data
submission requirement.\8\ CBP uses this electronic manifest to assess
arrivals for security risks and to prepare for inspections.
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\3\ For the purposes of this document, commercial vessels
include cargo vessels, cruise ships, and other vessels used for
commercial purposes. For the purposes of this analysis,
``operators'' include masters or commanding officers, or authorized
agents, owners, or consignees.
\4\ USCG established the NVMC in 2001 to operate as a single
clearinghouse for the submission and processing of notice of arrival
and departure information for vessels entering and departing U.S.
ports and facilities.
\5\ See 33 CFR 160.201-160.216. When a vessel operator is in an
area without internet access or experiences technical difficulties,
and he or she has no shore-side support available, the vessel
operator may fax or phone the submission to the NVMC.
\6\ See 33 CFR 160.206(a).
\7\ See 70 FR 17820 (Apr. 7, 2005).
\8\ See 8 CFR 231.1(a) and 19 CFR 4.7b.
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Prior to the implementation of the interim final rule (IFR), CBP
generally required commercial vessel operators to submit paper copies
of their manifest using Form I-418 at their time of arrival at a U.S.
POE in addition to providing manifest data electronically prior to
arrival.\9\ CBP mainly used the paper Form I-418 for crew and passenger
admissibility inspections and processing. Cruise ship operators
arriving at some POEs could submit just the two signature pages of
their paper Form I-418 \10\ and a compact disk (CD) of their passenger
and crew manifest in lieu of submitting numerous pages of manifest data
by paper to CBP.\11\ If a manifest has changed during coastwise
movement, commercial vessel operators must update their APIS manifest
electronically through the eNOA/D system. A CBP officer at the
coastwise port would typically update the vessel's original paper Form
I-418 with any changes. To comply with some customs regulations,
commercial vessel operators could also submit Form I-418 with CBP Form
5129: Crew Member's Declaration in lieu of submitting a Crew's Effects
Declaration on CBP Form 1304 per 19 CFR 4.7a. However, CBP generally
collects Form 1304 instead to meet the requirements of 19 CFR 4.7.\12\
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\9\ 86 FR 73618 (Dec. 28, 2021). Prior to the February 28, 2022
effective date of the IFR, 8 CFR 251.1 and 8 CFR 251.5 specified
that ``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 must submit arrival and
departure manifests in a paper format in accordance with Sec. Sec.
251.1, 251.3, and 251.4.''
\10\ These two signature pages included the Form I-418 pages
containing the CBP ``Receipt for Crew List'' and the CBP
``Certification of Copy of Crew List of United States Flag Vessel.''
\11\ Cruise ships often have thousands of passengers and
crewmembers, which cruise ship operators must account for on the
Form I-418. To avoid submitting numerous pages listing these
passengers and crewmembers, with CBP approval, cruise ship operators
at some POEs submitted a CD of their passenger and crew manifest to
CBP along with the two paper signature pages constituting the
remainder of the Form I-418 as well as any applicable Form I-418
supporting documentation. Other cruise ship operators submitted the
manifest CD as well as the full paper manifest, despite being
granted a waiver from doing so. Information provided by CBP Office
of Field Operations subject matter experts on October 7, 2020.
\12\ Information provided by CBP Office of Field Operations
subject matter experts on October 23, 2018.
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Upon departure from the United States, USCG requires commercial
vessel operators to submit updated manifest information via a Notice of
Departure (NOD) to the NVMC through eNOA/D or another electronic
format.\13\ Also at the time of departure, CBP requires these
commercial vessel operators to update their APIS manifest
electronically through the eNOA/D system and update their original
paper Form I-418 submission to include a list of departing crew, crew
changes, and trip departure details.\14\ In general, commercial vessel
operators would then submit the completed Form I-418 or signature pages
to CBP upon departure from the United States.\15\ A CBP officer at the
port of departure typically verifies any changes to the Form I-418
information and sends this departure form, typically via fax or mail,
to the first port of arrival for final data reconciliation and
recordkeeping purposes.
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\13\ See 33 CFR 160.201-160.216.
\14\ See 8 CFR 251.3.
\15\ Upon departure from the United States, cruise ship
operators generally must submit at least the completed two signature
pages of their paper Form I-418 as well as an updated manifest,
which can be provided on a CD.
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Despite similarities in the vessel arrival and departure data
submitted according to Form I-418, APIS, and eNOA/D requirements,
regulations prior to the promulgation of the IFR did not allow data to
be transmitted electronically, such as through APIS, eNOA/D, or email,
to satisfy Form I-418's paper passenger and crew list submission
requirement.\16\ In fact, failure to submit Form I-418 in paper format
could have resulted in fines and penalties. To reduce redundant data
submissions and to ease burdens on commercial vessel operators and the
agency itself, CBP launched the I-418 Automation test program in 2011.
This test allowed for the automated, electronic submission of the data
elements on Form I-418 from test participants using manifest data
previously submitted electronically to the NVMC through eNOA/D, APIS,
or other means. Based on the successful operation of the test, CBP
established the automated, electronic Form I-418 data submission
process through interim regulation.
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\16\ See 8 CFR 251.5.
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Through the IFR, DHS and CBP amended the regulations under 8 CFR
part 251, 8 CFR part 258, and 19 CFR part 4 to require the electronic
submission of the data elements required from commercial vessel
operators on Form I-418 in lieu of paper form submissions. CBP
generally no longer requires the paper Form I-418. The interim
regulations, which CBP finalizes with this final rule, require
commercial vessel operators to electronically submit the data elements
required on Form I-418 via an electronic data interchange system (EDI)
approved by CBP. CBP continues to use the eNOA/D system as the approved
EDI. Under this process, the appropriate CBP systems compile eNOA/D,
APIS, and any other electronic manifest data submitted by commercial
vessel operators prior to arrival and at departure into a passenger and
crew list format reflective of an electronic Form I-418.\17\ The
information already collected through eNOA/D satisfies the required
data elements for populating the electronic version of the Form I-418
for CBP's purposes. The act of electronically submitting the data
elements required on Form I-418 also constitutes the (vessel) Master's
certification that the manifest information is accurate and that the
master or operator has taken or will take certain required actions,\18\
and eliminates the need to generally collect certification signatures
on Form I-418 by vessel masters (or operators) and CBP
[[Page 51083]]
officers.\19\ CBP also retains its authority to require paper Form I-
418 submissions in the event of certain technical difficulties, such as
system outages and disruptions, that make it impossible to submit or
receive manifest data electronically, and according to CBP
discretion.\20\ This rulemaking has streamlined vessel arrival and
departure processes by eliminating redundant data submissions,
simplifying vessel inspections, and automating recordkeeping.
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\17\ The embark date required on Form I-418 is transmitted to
CBP via eNOA/D. The disembark date/date separated (i.e., the date
when a crewmember permanently departs the vessel) is calculated by
the appropriate CBP systems. This rule does not change this
practice.
\18\ This includes certifying 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 commercial 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.
\19\ CBP officer signatures are generally dictated on the form
as a unique receipt number tied to the officer. For the purposes of
this analysis, CBP refers to these receipt numbers as signatures.
\20\ The IFR describes particular exceptions to the electronic
submission requirement. 86 FR 73623. In particular, CBP retains its
authority to require paper submissions in the event the master or
agent of the vessel is unable to electronically submit the data
elements required on Form I-418 via an EDI 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; 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 I-418 is acceptable under the circumstances
presented by the master or agent of a vessel.
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2. Population Affected by I-418 Automation Test Program and Rulemaking
The I-418 Automation rulemaking affects commercial vessel operators
and CBP, but at different magnitudes according to the arriving vessel
type and I-418 Automation test program participation. To determine the
extent of the population affected by this rulemaking, CBP relies on
historical commercial vessel arrival/departure and test participation
data.
From the I-418 Automation test program's launch in FY 2011 to FY
2021, a total of about 924,000 commercial vessels entered U.S. waters
from a foreign port or place, including nearly 837,000 cargo and non-
cargo vessels (e.g., tugboats) and 87,000 cruise ships. Of the total
arrivals, approximately 111,000 corresponded to cargo and non-cargo
vessels participating in the I-418 Automation test program and an
estimated 49,000 corresponded to cruise ships participating in the test
program.\21\ Only a portion of these participants took full advantage
of the test program's attributes. According to field interviews, the
majority of commercial vessel operators participating in the I-418
Automation test program continued to provide a paper Form I-418 upon
arrival/departure despite having submitted the data elements required
on Form I-418 electronically to ensure full compliance with DHS and CBP
regulations.\22\ For the purposes of this analysis, CBP refers to these
commercial vessel operators as those who partially participated in the
I-418 Automation test program. Without exact figures on test
participant arrivals/departures corresponding to commercial vessel
operators who only partially participated in the program, CBP estimates
that 50 percent of the test participant arrivals/departures and Form I-
418 submissions corresponded to commercial vessel operators who fully
participated in the test program, while the remainder corresponded to
those who only partially participated (see Table 1 and Table 2).\23\
Table 1 and Table 2 together summarize the historical U.S. arrival and
departure statistics for commercial vessels according to I-418
Automation test program participation. CBP assumes that each of the
arrivals shown in Table 1 and Table 2 coincided with a Form I-418
submission and vessel departure.
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\21\ The I-418 Automation test program was available to
commercial vessels, including cruise ships, on a port-by-port basis.
Data on cruise ship participation in the I-418 Automation test
program at all POEs nationwide is not readily available; however,
test program participation information at many large POEs is
available. Given such data limitations, CBP estimated that the
historical percentage of cruise ship arrivals/departures not
participating in the I-418 Automation test program is equal to the
share of FY 2015 to FY 2019 cruise ship arrivals/departures
occurring at U.S. sea POEs known not to offer the program.
Accordingly, CBP estimates that 44 percent of cruise ship arrivals/
departures from FY 2011 to FY 2021 correspond to cruise ships not
participating in the I-418 Automation test program, while the
remaining 56 percent of cruise ship arrivals/departures correspond
to cruise ships participating in the I-418 Automation test program.
Information regarding POEs offering I-418 Automation test program to
cruise ships provided by CBP Office of Field Operations subject
matter experts on November 13, 2020; and November 16, 2020; and data
from internal databases gathered on November 17, 2020.
\22\ Although the I-418 Automation test program allowed
participating commercial vessel operators to transmit required I-418
data through existing eNOA/D and APIS data submissions rather than
by the paper Form I-418, certain test participants insisted on
submitting paper Form I-418s to ensure full compliance with DHS and
CBP regulations. Information provided by CBP Office of Field
Operations subject matter experts on February 23, 2016.
\23\ Information provided by CBP Office of Field Operations
subject matter experts on February 23, 2016; November 13, 2020; and
November 6, 2020.
Table 1--Historical Cruise Ship Arrivals and Departures
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Non-former I- Former I-418 automation test program Regulatory All cruise
418 participants program ships
automation -------------------------------------------------------------------------------
test program
Fiscal year participants Vessels
---------------- Vessels fully partially Test program Vessel Vessel
Vessel participating participating participant arrivals/ arrivals/
arrivals/ in test in test total departures departures
departures
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2011.................................................... 3,656 2,327 2,327 4,654 .............. 8,310
2012.................................................... 3,651 2,323 2,323 4,646 .............. 8,297
2013.................................................... 3,706 2,359 2,359 4,718 .............. 8,424
2014.................................................... 3,930 2,501 2,501 5,002 .............. 8,932
2015.................................................... 3,957 2,519 2,519 5,038 .............. 8,995
2016.................................................... 3,857 2,455 2,455 4,910 .............. 8,767
2017.................................................... 3,985 2,536 2,536 5,072 .............. 9,057
2018.................................................... 4,088 2,602 2,602 5,204 .............. 9,292
2019.................................................... 4,385 2,791 2,791 5,582 .............. 9,967
2020.................................................... 1,991 1,267 1,267 2,534 .............. 4,525
2021.................................................... 1,018 648 648 1,296 .............. 2,314
2022 \1\................................................ .............. .............. .............. .............. 10,884 10,884
2023.................................................... .............. .............. .............. .............. 12,438 12,438
2024.................................................... .............. .............. .............. .............. 13,402 13,402
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[[Page 51084]]
Total, 2011-2021.................................... 38,224 24,328 24,328 48,656 0 86,880
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Total, 2022-2024.................................... 0 0 0 0 36,724 36,724
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\1\ The I-418 Automation test program was ended by the IFR, which became effective on February 28, 2022. As the rule was in effect for more than half of
FY 2022, this analysis considers FY 2022 as being part of the rule and not part of the I-418 Automation test program period.
\2\ CBP assumes that one I-418 was submitted per vessel arrival. Form I-418s submitted in both electronic and paper format are only counted as one form
submission.
\3\ Estimates may not sum due to rounding.
\4\ Source: Data pulled from ACE Reports on October 28, 2024, and estimates for full and partial test participation rates provided by CBP Office of
Field Operations subject matter experts on February 23, 2016; November 6, 2020; and November 13, 2020.
Table 2--Historical Cargo and Non-Cargo Vessel Arrivals and Departures
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Non-former I- Former I-418 automation test program Regulatory All cargo and
418 automation participants program non-cargo
test program ---------------------------------------------------------------- vessels
participants ---------------
Fiscal year Vessels
---------------- Vessels fully partially Test program Vessel Vessel
Vessel participating participating participant arrivals/ arrivals/
arrivals/ in test in test total departures departures
departures
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2011.................................................... 80,426 570 570 1,140 .............. 81,566
2012.................................................... 67,443 5,683 5,682 11,365 .............. 78,808
2013.................................................... 65,152 5,721 5,721 11,442 .............. 76,594
2014.................................................... 66,607 5,247 5,246 10,493 .............. 77,100
2015.................................................... 69,034 4,555 4,554 9,109 .............. 78,143
2016.................................................... 63,909 5,756 5,755 11,511 .............. 75,420
2017.................................................... 62,611 5,674 5,674 11,348 .............. 73,959
2018.................................................... 65,866 5,792 5,791 11,583 .............. 77,449
2019.................................................... 63,893 5,744 5,743 11,487 .............. 75,380
2020.................................................... 59,654 5,631 5,631 11,262 .............. 70,916
2021.................................................... 61,344 4,993 4,993 9,986 .............. 71,330
2022 \1\................................................ .............. .............. .............. .............. 70,183 70,183
2023.................................................... .............. .............. .............. .............. 70,109 70,109
2024.................................................... .............. .............. .............. .............. 71,009 71,009
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Total, 2011-2021.................................... 725,939 55,366 55,360 110,726 0 836,665
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Total, 2022-2024.................................... 0 0 0 0 211,471 211,471
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\1\ The I-418 Automation test program was ended by the IFR, which became effective on February 28, 2022. As the rule was in effect for more than half of
FY 2022, this analysis considers FY 2022 as being part of the rule and not part of the I-418 Automation test program period.
\2\ CBP assumes that one I-418 was submitted per vessel arrival. Form I-418s submitted in both electronic and paper format are only counted as one form
submission.
\3\ Estimates may not sum due to rounding.
\4\ Source: Data pulled from ACE Reports on October 28, 2024. Estimates for full and partial test participation rates from CBP Office of Field
Operations subject matter experts on February 23, 2016; November 6, 2020; November 13, 2020, and February 17, 2023.
From FY 2015 to FY 2019, cargo and non-cargo vessel arrivals/
departures of I-418 Automation test program participants grew at a
compound annual rate of 6.0 percent while non-participant cargo and
non-cargo vessel arrivals/departures declined at a compound annual rate
of 1.9 percent (see Table 2). During the same period, participant and
non-participant cruise ship arrivals/departures both grew at a compound
annual rate of 2.6 percent (see Table 1). In the future, CBP projects
that commercial vessel arrivals/departures will remain consistent with
their more conservative historical trends prior to the COVID-19
pandemic beginning in 2020 and ending in 2023. Accordingly, CBP
estimates that future cargo and non-cargo vessel arrivals/departures of
I-418 Automation test program participants will increase at a rate of
6.0 percent per year, non-participant cargo and non-cargo vessel
arrivals/departures will decrease at a rate of 1.9 percent per year,
and all cruise ship arrivals/departures will increase at a rate of 2.6
percent per year from their FY 2019 values for FY 2025 and FY 2026.\24\
CBP
[[Page 51085]]
believes that these projections best represent the normal, recent
growth of commercial vessel arrivals/departures while still accounting
for the economic and travel slowdowns due to the COVID-19 pandemic and
subsequent recovery. CBP did not use data from FY 2020 to FY 2024 as a
basis for future growth because these years exhibit abnormal growth
rates (both positive and negative) in vessel arrivals/departures due to
the COVID-19 pandemic and subsequent recovery. However, CBP recognizes
the uncertainty in this assumption and that the rate of economic
recovery from the COVID-19 pandemic depends on many factors, including
how quickly businesses can recover, rates of infection, and global
supply chains. CBP does not believe that this rulemaking directly
affects the volume of commercial vessel arrivals/departures, and thus
predicts that the projected arrivals/departures will be the same with
and without the implementation of this rulemaking (i.e., the pre-test
program baseline).
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\24\ Based on historical commercial vessel data and future
commercial vessel demand outlooks. For future looking cargo and non-
cargo vessel outlook information at the time of the IFR, see United
Nations Conf. on Trade & Dev. (UNCTAD), COVID-19 and Maritime
Transport Impact and Responses, Transp. & Trade Facilitation, Series
No. 15 (2021), https://unctad.org/system/files/official-document/dtltlb2021d1_en.pdf; World Bank, Global Economic Prospects, June
2021, ch. 1, https://openknowledge.worldbank.org/bitstream/handle/10986/35647/9781464816659-ch01.pdf; Moody's Investors Service,
Outlook for US public ports revised to stable on strengthening
economic activity, improving cargo volumes'' (2020), http://www.moodys.com/researchdocumentcontentpage.aspx?docid=PBC_1247050;
Friedemann Ohse. ``Will 2021 bring about recovery for the global
maritime industry?'' OceanInsights, September 30, 2020. Available at
https://www.ocean-insights.com/business-news/will-2021-bring-about-recovery-for-the-global-maritime-industry/?cli_action=1602257398.7141/8. For future looking cruise ship
outlook information at the time of the IFR, see Monique Giese,
COVID-19 Impacts on Cruise Industry, KPMG (July 23, 2020), https://home.kpmg/xx/en/blogs/home/posts/2020/07/covid-19-impacts-on-global-cruise-industry.html. (last accessed Oct. 23, 2020); Shannon
McMahon, 5 takeaways from the cruise industry's report on a return
to sailing, Wash. Post (Sept. 21, 2020), https://www.washingtonpost.com/travel/2020/09/21/cruise-return-report-covid-19/.
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To estimate future commercial vessel arrivals/departures with and
without this rulemaking, CBP first applies the projected growth rates
for cargo and non-cargo vessel arrivals/departures of I-418 Automation
test program participants and non-participants (6.0 percent and -1.9
percent, respectively) and cruise ship arrivals/departures (2.6 percent
for both participants and non-participants) to their respective FY 2019
values (see Table 1 and Table 2). CBP then projects the estimates
forward for FY 2025 and FY 2026 while relying on historical data for
FYs 2022 through 2024. When making such projections, CBP presumes that
the I-418 Automation test program would have continued to exist during
the period of analysis in the absence of any rulemaking to automate the
Form I-418 process. In contrast, the test program transitioned into a
regulatory program in which all commercial vessel operators participate
in an automated I-418 process upon implementation of the IFR.
As previously stated, CBP does not believe this rulemaking directly
affects the volume of commercial vessel arrivals/departures, and thus
predicts that future commercial vessel arrivals/departures will be the
same with and without this rule's implementation (i.e., the baseline).
As Table 3 and Table 4 show, CBP estimates that almost 416,000
commercial vessel arrivals/departures will occur between FY 2022 and FY
2026, including 352,000 cargo and non-cargo vessel arrivals/departures
and 65,000 cruise ship arrivals/departures. Nearly 87,000 (21 percent)
of these arrivals/departures correspond to former (or ongoing in the
absence of this rule) I-418 Automation test program participants, while
the remaining 329,000 (79 percent) would have corresponded to non-
former I-418 Automation test program participants (or non-test
participants in the absence of this rule). Of the arrivals/departures
of former (or ongoing) I-418 Automation test program participants, CBP
estimates that 50 percent would have corresponded to participants who
fully participated in the test program and the remainder would have
corresponded to participants who only partially participated (see Table
3 and Table 4). Under the baseline, non-I-418 Automation test program
participants and approximately 50 percent of test program participants
would have continued to submit paper Form I-418s with each projected
arrival/departure, while the remaining test participants would have
submitted only automated versions of Form I-418 with each future
arrival/departure. Alternatively, with the rule, each arrival/departure
results in an automated Form I-418 submission.
Table 3--Projected Cruise Ship I-418 Test Participation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-former I-418 automation Former I-418 automation test program participants All cruise
test program participants ---------------------------------------------------------------- ships
-------------------------------- Vessel Vessel ---------------
arrivals/ arrivals/
Fiscal year Growth in Growth in departures of departures of Total vessel
vessel Vessel vessel participants participants arrivals/ Vessel
arrivals/ arrivals/ arrivals/ fully partially departures arrivals/
departures departures departures (%) participating participating departures
(%) in test in test
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 \1\................................ .............. 4,789 .............. 3,048 3,047 6,095 10,884
2023 \1\................................ .............. 5,473 .............. 3,483 3,482 6,965 12,438
2024 \1\................................ .............. 5,897 .............. 3,753 3,752 7,505 13,402
2025.................................... 2.6 6,050 2.6 3,850 3,850 7,700 13,750
2026.................................... 2.6 6,207 2.6 3,950 3,950 7,900 14,107
---------------------------------------------------------------------------------------------------------------
Total, 2022-2026.................... .............. 28,416 .............. 18,084 18,081 36,165 64,581
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Historical total arrivals/departures assuming unchanged average test participation rate from '15-'21. Projections used for '22-'24 due to a lack of
data in those years.
\2\ Estimates may not sum to total due to rounding.
[[Page 51086]]
Table 4--Projected Cargo and Non-Cargo Vessel I-418 Test Participation
--------------------------------------------------------------------------------------------------------------------------------------------------------
Non-former I-418 automation Former I-418 automation test program participants All cargo and
test program participants ---------------------------------------------------------------- non-cargo
-------------------------------- Vessel Vessel vessels
arrivals/ arrivals/ ---------------
Fiscal year Growth in Growth in departures of departures of Total vessel
vessel Vessel vessel participants participants arrivals/ Vessel
arrivals/ arrivals/ arrivals/ fully partially departures arrivals/
departures departures departures (%) participating participating departures
(%) in test in test
--------------------------------------------------------------------------------------------------------------------------------------------------------
2022 \1\................................ .............. 60,357 .............. 4,913 4,913 9,826 70,183
2023 \1\................................ .............. 60,440 .............. 4,920 4,919 9,839 70,279
2024 \1\................................ .............. 61,068 .............. 4,971 4,970 9,941 71,009
2025.................................... -1.9% 59,907 6.0 5,269 5,269 10,538 70,445
2026.................................... -1.9% 58,769 6.0 5,585 5,585 11,170 69,939
---------------------------------------------------------------------------------------------------------------
Total, 2022-2026.................... .............. 300,541 .............. 25,658 25,656 51,314 351,855
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Historical total arrivals/departures assuming unchanged average test participation rate from '15-'21.
\2\ Estimates may not sum to total due to rounding.
3. Costs of I-418 Automation Test Program
In FY 2011, CBP implemented the I-418 Automation test program
designed to streamline the commercial vessel arrival and departure
processes. Since its implementation, the test program has introduced
costs and benefits (cost savings) to commercial vessel operators and
CBP. The outcomes in the analysis of the I-418 Automation test program
are relative to a baseline where I-418 automation did not exist, and
the test continued in the absence of the I-418 Automation regulatory
program. The period of analysis spans from FY 2011 to FY 2026 to
include consideration of the test program's continuation in the absence
of the I-418 Automation IFR. The effects of the I-418 Automation test
program can be combined with those of the I-418 Automation regulatory
program for a full analysis of CBP's I-418 automation efforts. CBP
provides a combined analysis in a later section.
Commercial vessel operators and CBP experienced costs from the I-
418 Automation test program related to an added time burden for
processing of vessels.\25\ Additionally, CBP experienced costs related
to the purchase and maintenance of mobile devices used in processing
vessels electronically and printing costs.\26\ Together, the cost of
the I-418 Automation program totals 2.2 million in present value and
116,000 when annualized (using a 7 percent discount rate; see Table 5).
---------------------------------------------------------------------------
\25\ CBP recorded some vessel arrival and departure inspection
results both on paper and electronically when using mobile devices.
This resulted in an average of an additional 2 minutes for CBPOs to
complete some vessels' processing.
\26\ By requiring CBP to print out the then-required paper Form
I-418 or signature pages generally for all participant arrivals, the
test program essentially shifted this burden from commercial vessel
operators to CBP.
Table 5--Total Costs of I-418 Automation Test Program, FY 2011-FY 2026
[2024 U.S. dollars]
------------------------------------------------------------------------
Total cost of
Fiscal year test program
------------------------------------------------------------------------
2011................................................. $636
2012................................................. 2,169
2013................................................. 2,188
2014................................................. 2,074
2015................................................. 161,496
2016................................................. 974,970
2017................................................. 70,799
2018................................................. 73,624
2019................................................. 72,001
2020................................................. 68,105
2021................................................. 68,125
2022................................................. 67,662
2023................................................. 67,830
2024................................................. 68,478
2025................................................. 68,141
2026................................................. 67,853
------------------
Total: Undiscounted.............................. 1,836,153
------------------
Total: Present Value, Discounted at 3 percent 2,205,411
------------------
Total: Annualized Value, Discounted at 3 116,076
percent.................................
------------------
Total: Present Value, Discounted at 7 percent 2,826,551
------------------
Total: Annualized Value, Discounted at 7 116,040
percent.................................
------------------------------------------------------------------------
\1\ All data is from the I-418 Automation test program years of
operation.
\2\ Estimates may not sum to total due to rounding.
[[Page 51087]]
\3\ The estimates in this table are contingent upon the discount rates
applied.
4. Benefits of I-418 Automation Test Program
As previously mentioned, in place of submitting required I-418
information on the paper Form I-418 upon arrival and departure, the I-
418 Automation test program allowed participating commercial vessel
operators to transmit the I-418 data through existing eNOA/D and APIS
data submissions. This automated, electronic submission process offered
time and resource savings to commercial vessel operators who fully
participated in the test program and submitted the data elements
required on Form I-418 to CBP through electronic means only, which was
only a portion of participants.
Commercial vessel operators who fully participated in the I-418
Automation test program saved 60 minutes (1 hour) per arrival/departure
from not submitting paper Form I-418.\27\ Additionally, commercial
vessel operators who fully participated in the I-418 Automation test
program experienced printing cost savings from largely paperless
passenger and crew list processing. Instead of requiring cargo and non-
cargo vessel operators to submit two paper copies of their Form I-418
upon arrival/departure, a CBP officer processed the arrivals/departures
of these participants using a copy of the generated form that the
officer printed. After processing, the CBP officer asked the commercial
vessel operator to make a copy of the signed, stamped, and annotated
paper Form I-418 for use during further coastwise travel or departure.
Commercial vessel operators and CBP typically incurred a negligible
time cost from this request for a copy of the Form I-418.\28\ CBP
officers at participating POEs generally processed the vessel arrivals/
departures of cruise ship operators who fully participated in the I-418
Automation test program using the electronic Form I-418 data in the
appropriate CBP systems and the two signature pages of the form that
they printed.
---------------------------------------------------------------------------
\27\ CBP, Supporting Statement for Paperwork Reduction Act
Submission OMB Number 1651-0103: Passenger List, Crew List (Form I-
418) (2020), https://www.reginfo.gov/public/do/PRAViewDocument?ref_nbr=202004-1651-001.
\28\ Information provided by CBP Office of Field Operations
subject matter experts on May 15, 2024.
---------------------------------------------------------------------------
Under this process, cargo and non-cargo commercial vessel operators
fully participating in the test program were able to forgo submitting
an average of three pages constituting one copy of their Form I-418 per
arrival/departure.\29\ With typically lengthier paper Form I-418
submissions, the I-418 Automation test program allowed participating
cruise ship operators to forgo submitting an average of 600 pages
constituting their Form I-418 package and copies per arrival/
departure.\30\
---------------------------------------------------------------------------
\29\ Average 3-page length of Form I-418 submitted by cargo or
non-cargo commercial vessel operator x 1 Form I-418 copy no longer
submitted to CBP = 3 Form I-418 pages no longer submitted per cargo
and non-cargo vessel arrival/departure. As previously mentioned, an
unknown number of cargo and non-cargo vessels arriving/departing at
some POEs may have provided additional copies of the Form I-418 to
CBP during each arrival/departure, meaning that their number of Form
I-418 pages forgone would be more than three. Information provided
by CBP Office of Field Operations subject matter experts on December
16, 2016 and November 18, 2020.
\30\ Average 300-page length of Form I-418 submitted by cruise
ship operator x 2 Form I-418 copies no longer submitted to CBP = 600
Form I-418 pages no longer submitted per cruise ship arrival/
departure. As previously mentioned, an unknown number of cruise
ships arriving/departing at some POEs may have provided additional
copies of the Form I-418 to CBP during each arrival/departure,
meaning that their number of Form I-418 pages forgone would be more
than 600. Some cruise ship operators may have provided just two
copies of the two signature pages of the Form I-418 and/or a
manifest CD, though the number of these submissions is unknown.
Information provided by CBP Office of Field Operations subject
matter experts on November 12, 2020, and November 18, 2020.
---------------------------------------------------------------------------
CBP experienced time savings from processing cargo and non-cargo
vessel arrivals with mobile devices. As previously mentioned, CBP began
using mobile devices in FY 2015 to process some cargo and non-cargo
vessel arrivals/departures remotely. During arrival/departure
processing with mobile devices, CBP officers directly recorded the
inspection results and related actions into the appropriate CBP systems
at the time of the vessel, crew, and passenger inspections and
processing. CBP officers also continued to record cargo and non-cargo
vessel arrival/departure inspection results on paper to meet the
regulatory guidelines in place regarding the submission and retention
of paper Form I-418s. By recording the inspection results in real time
electronically with mobile devices, CBP officers did not need to
perform such manual data input later at the port office during post-
inspection processing.
The total cost savings of the I-418 Automation test program would
equal 16.7 million in present value and 685,000 on an annualized basis
from FY 2011 to FY 2026 (using a 7 percent discount rate; see Table 6).
To the extent that commercial vessel operators and CBP experienced
other savings from the I-418 Automation test program not captured, the
benefits of the test program would differ.
Table 6--Total Benefit (Cost Savings) of I-418 Automation Test Program,
FY 2011-FY 2026
[2024 U.S. dollars]
------------------------------------------------------------------------
Total benefit of
Fiscal year test program
------------------------------------------------------------------------
2011................................................. $243,339
2012................................................. 549,862
2013................................................. 555,378
2014................................................. 539,690
2015................................................. 596,784
2016................................................. 847,008
2017................................................. 843,928
2018................................................. 869,928
2019................................................. 876,335
2020................................................. 715,955
2021................................................. 623,597
2022................................................. 830,187
2023................................................. 870,073
2024................................................. 900,106
[[Page 51088]]
2025................................................. 924,623
2026................................................. 950,690
------------------
Total: Undiscounted.............................. 11,737,482
------------------
Total: Present Value, Discounted at 3 percent 13,537,672
------------------
Total: Annualized Value, Discounted at 3 712,517
percent.................................
------------------
Total: Present Value, Discounted at 7 percent 16,676,191
------------------
Total: Annualized Value, Discounted at 7 684,615
percent.................................
------------------------------------------------------------------------
\1\ All data are from I-418 Automation test program years of operation.
\2\ Estimates may not sum to total due to rounding.
\3\ The estimates in this table are contingent upon the discount rates
applied.
5. Net Benefit of I-418 Automation Test Program
Table 7 summarizes the discounted, monetized costs and benefits
(cost savings) of the I-418 Automation test program. As shown, the
total present value net benefit (net cost saving) of the test is $13.8
million, while its annualized net benefit (net cost saving) totals
$569,000 from FY 2011 to FY 2026 (using a 7 percent discount rate).
Table 7--Net Benefit (Cost Saving) of I-418 Automation Test Program, FY 2011-FY 2026
[2024 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
3% Discount rate 7% Discount rate
---------------------------------------------------------------
Annualized Annualized
Present values values Present values values
----------------------------------------------------------------------------------------------------------------
Total Cost...................................... $2,205,411 $116,076 $2,826,551 $116,040
Total Benefit................................... 13,537,672 712,517 16,676,191 684,615
---------------------------------------------------------------
Total Net Benefit........................... 11,332,261 596,441 13,849,640 568,575
----------------------------------------------------------------------------------------------------------------
\1\ Estimates may not sum to total due to rounding.
\2\ The estimates in this table are contingent upon CBP's vessel arrival/departure projections as well as the
discount rates applied.
6. Costs of I-418 Automation Rulemaking
This rulemaking automated the Form I-418 process for all commercial
vessel operators and eliminated the regulatory guidelines in place
regarding the retention of paper Form I-418s. These changes did not
introduce costs to commercial vessel operators. If commercial vessel
operators request a copy of their annotated electronic Form I-418,
which they received by paper after CBP processing, they will incur
negligible costs to do so.\31\ Based on experience with the I-418
Automation test and regulatory programs, CBP believes only a minimal
number of commercial vessel operators will request such copies over the
period of analysis because they already have access to the information
on the form.\32\
---------------------------------------------------------------------------
\31\ Information provided by CBP Office of Field Operations
subject matter experts on November 24, 2020.
\32\ Information provided by CBP Office of Field Operations
subject matter experts on May 16, 2024.
---------------------------------------------------------------------------
7. Benefits (Cost Savings) of I-418 Automation Rulemaking
The I-418 Automation regulatory program provided benefits (cost
savings) in the form of time to commercial vessel operators not
participating and partially participating in the I-418 Automation test
program. Commercial vessel operators fully participating in the I-418
Automation test program did not experience added benefits as a result
of this rulemaking but continue to experience the benefits they
experienced during the test program. Their experience is fully
accounted for in the analysis of the test program so are not included
in the analysis of the effects of the rule.
As a result of this rulemaking, vessel operators enjoy cost savings
from forgone paper Form I-418 submissions, form printing, and duplicate
processing. These cost savings will total $24.5 million in present
value from FY 2022 to FY 2026 (using a 7 percent discount rate). During
the same period, CBP will experience an overall present value cost
saving of $59.4 million from the rule's avoided printing, streamlined
mobile and post-inspection processing, and electronic recordkeeping
(using a 7 percent discount rate). CBP may dedicate some of these
savings to other agency mission areas, such as improving border
security or facilitating trade. Altogether, the total cost saving of
this rulemaking over the period of analysis will measure $84.0 million
in present value and $16.7 million when annualized, as Table 8 shows
(using a 7 percent discount rate). To the extent that commercial vessel
operators and CBP enjoy other savings from the I-418 Automation
regulatory program not captured, the benefits of this rulemaking would
differ.
[[Page 51089]]
Table 8--Total Benefit (Cost Saving) of I-418 Automation Regulatory
Program FY 2022-FY 2026
[2024 U.S. dollars]
------------------------------------------------------------------------
Total benefit of
Fiscal year regulatory
program
------------------------------------------------------------------------
2022................................................. $16,530,040
2023................................................. 16,703,200
2024................................................. 16,958,165
2025................................................. 16,788,695
2026................................................. 16,629,536
------------------
Total: Undiscounted.............................. 83,609,636
------------------
Total: Present Value, Discounted at 3 percent 83,673,816
------------------
Total: Annualized Value, Discounted at 3 16,720,151
percent.................................
------------------
Total: Present Value, Discounted at 7 percent 83,971,081
------------------
Total: Annualized Value, Discounted at 7 16,717,589
percent.................................
------------------------------------------------------------------------
\1\ Estimates may not sum to total due to rounding.
\2\ The estimates in this table are contingent upon CBP's vessel arrival/
departure projections as well as the discount rates applied.
8. Net Impact of I-418 Automation Regulatory Rulemaking
Table 9 outlines the monetized costs and benefits (cost savings) of
the I-418 Automation regulatory program from FY 2022 to FY 2026. As
illustrated, the benefits (cost savings) of this rulemaking outweigh
its costs, with the total monetized net benefit (net cost saving) of
the regulatory program measuring $84.0 million in present value and
$16.7 million on an annualized basis (using a 7 percent discount rate).
Table 9--Net Benefit (Cost Saving) of I-418 Automation Regulatory Program, FY 2022-FY 2026
[2024 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
3% Discount rate 7% Discount rate
---------------------------------------------------------------
Annualized Annualized
Present values values Present values values
----------------------------------------------------------------------------------------------------------------
Total Cost...................................... $0 $0 $0 $0
Total Benefit................................... 83,673,816 16,720,151 83,971,081 16,717,589
---------------------------------------------------------------
Total Net Benefit........................... 83,673,816 16,720,151 83,971,081 16,717,589
----------------------------------------------------------------------------------------------------------------
Notes: The estimates in this table are contingent upon CBP's vessel arrival/departure projections as well as the
discount rates applied.
Estimates may not sum to total due to rounding.
9. Combined Net Benefits of I-418 Automation Test and Regulatory
Programs
In FY 2011, CBP implemented the I-418 Automation test program
designed to streamline the commercial vessel arrival and departure
processes. Since its implementation, the test program has introduced
costs and benefits (cost savings) to commercial vessel operators and
CBP. Based on the success of the I-418 Automation test program, CBP
formalized the test program by establishing the I-418 Automation
regulatory program through the Automation of CBP Form I-418 for Vessels
Interim Final Rule, which is made final by this Final Rule. Like the
test program, the I-418 Automation regulatory program affects both
commercial vessel operators and CBP.
To give the public a full understanding of the impacts of the I-418
Automation test and regulatory program, CBP provides the following
analysis which combines the effects of the I-418 Automation test and
regulatory programs. The outcomes in this analysis are relative to a
baseline scenario absent the I-418 Automation test and regulatory
programs. This analysis relies upon the information earlier in the
report and does not go into detail with the individual effects. The
period of analysis is from FY 2011 to FY 2026.
The combined net benefits from FY 2011 to FY 2026 of the I-418
Automation test and regulatory programs to commercial vessel operators
and CBP are $97.8 million in present value and $4.0 million annually
(using a 7 percent discount rate) and are shown in Table 10.
[[Page 51090]]
Table 10--Combined Net Benefit of I-418 Automation Test and Regulatory Programs
[2024 U.S. dollars]
----------------------------------------------------------------------------------------------------------------
3% Discount rate 7% Discount rate
---------------------------------------------------------------
Annualized Annualized
Present values values Present values values
----------------------------------------------------------------------------------------------------------------
Total Cost...................................... $2,205,411 $116,076 $2,826,551 $116,040
Total Benefit................................... 97,211,489 5,116,450 100,647,273 4,131,915
---------------------------------------------------------------
Total Net Benefit........................... 95,006,078 5,000,374 97,820,722 4,015,875
----------------------------------------------------------------------------------------------------------------
\1\ Estimates may not sum to total due to rounding.
\2\ The estimates in this table are contingent upon CBP's vessel arrival/departure projections as well as the
discount rates applied.
10. Summary
In accordance with the Office of Management and Budget's Circular
A-4 requirements, Accounting Statement 1 outlines the annualized costs
and benefits (including cost savings) of this rulemaking while
Accounting Statement 2 outlines the combined annualized costs and
benefits (including cost savings) of the regulatory program and test
program. CBP estimates that the projected monetized impacts of this
rulemaking on commercial vessel operators, which represent both U.S.
and foreign entities, is $4.9 million in annualized, monetized cost
savings (using a 7 percent discount rate). CBP will experience $11.8
million in annualized, monetized cost savings from this rulemaking
between FY 2022 and FY 2026 (using a 7 percent discount rate). In
total, the annualized, monetized cost saving will equal $16.7 million.
Accounting Statement 1--Classification of Expenditures of the I-418
Automation Regulatory Program, FY 2022-FY 2026
[2024 U.S. dollars]
------------------------------------------------------------------------
3% Discount 7% Discount
rate rate
------------------------------------------------------------------------
Total Cost:
Annualized, Monetized............... $0 $0
Annualized, Non-Monetized, but .............. ..............
Quantified.........................
Non-Monetized, Non-Quantified....... .............. ..............
Total Benefit:
Annualized, Monetized............... 16,720,151 16,717,589
Annualized, Non-Monetized, but .............. ..............
Quantified.........................
Non-Monetized, Non-Quantified....... .............. ..............
------------------------------------------------------------------------
Note: The cost and benefit estimates in this table are contingent upon
CBP expectations of future vessel arrivals and the discount rates
applied for monetized values.
For informational purposes, CBP presents Accounting Statement 2
below which summarizes the combined impact of the I-418 Automation test
and regulatory program on commercial vessel operators, which represent
both U.S. and foreign entities, and CBP. Commercial vessel operators
and CBP will experience $4.1 million in annualized, monetized cost
savings between FY 2022 and FY 2026 (using a 7 percent discount rate).
The I-418 Automation test and regulatory programs will also generate
$116,000 in annualized, monetized costs (using a 7 percent discount
rate).
Accounting Statement 2--Classification of Expenditures of the I-418
Automation Test and Regulatory Programs, FY 2011-FY 2026
[2024 U.S. dollars]
------------------------------------------------------------------------
3% Discount 7% Discount
rate rate
------------------------------------------------------------------------
Total Cost:
Annualized, Monetized............... $116,076 $116,040
Annualized, Non-Monetized, but .............. ..............
Quantified.........................
Non-Monetized, Non-Quantified....... .............. ..............
Total Benefit:
Annualized, Monetized............... 5,116,450 4,131,915
Annualized, Non-Monetized, but .............. ..............
Quantified.........................
Non-Monetized, Non-Quantified....... .............. ..............
------------------------------------------------------------------------
Note: The cost and benefit estimates in this table are contingent upon
CBP expectations of future vessel arrivals and the discount rates
applied for monetized values.
[[Page 51091]]
In summary, the findings in this analysis demonstrate that the
Automation of CBP Form I-418 for Vessels Rulemaking provides an overall
net benefit (cost saving) to commercial vessel operators and CBP.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), as amended
by the Small Business Regulatory Enforcement Fairness Act of 1996,
requires an agency to prepare and make available to the public a
regulatory flexibility analysis that describes the effect of a proposed
rule on small entities (i.e., small businesses, small organizations,
and small governmental jurisdictions) when the agency is required to
publish a general notice of proposed rulemaking for a rule. Since a
general notice of proposed rulemaking was not necessary for this rule,
CBP is not required to prepare a regulatory flexibility analysis for
this rule.
C. Unfunded Mandates Reform Act of 1995
This rule will not result in the expenditure by State, local, and
tribal governments, in the aggregate, or by the private sector, of $100
million or more in any one year, and it will not significantly or
uniquely affect small governments. Therefore, no actions were deemed
necessary under the provisions of the Unfunded Mandates Reform Act of
1995.
D. Executive Order 13132
This rule will not have substantial direct effects on the States,
on the relationship between the National Government and the States, or
on the distribution of power and responsibilities among the various
levels of government. Therefore, in accordance with section 6 of
Executive Order 13132, DHS has determined that this final rule does not
have sufficient federalism implications to warrant the preparation of a
federalism summary impact statement.
E. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507), an agency may not conduct, and a person is not required to
respond to, a collection of information unless the collection of
information displays a valid control number assigned by OMB. The Form
I-418 information collected under 8 CFR 251.1 and 251.3 was included
under OMB control number 1651-0103. As a result of the Automation of
CBP Form I-418 for Vessels rulemaking, CBP systems automatically
reconcile eNOA/D, APIS, and any other manifest data submitted
electronically by commercial vessel operators prior to arrival and at
departure to create an electronic version of Form I-418. CBP uses the
automated, electronic Form I-418 for all commercial vessel crew and
passenger admissibility inspections and processing, and thus generally
establishes a completely paperless Form I-418 process for all
commercial vessel arrivals and departures. CBP retains the paper Form
I-418 and conducts paper Form I-418 processing only when the master or
agent of the vessel is unable to electronically submit the data
elements required on Form I-418 via an EDI 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; 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 I-418 is acceptable under the circumstances presented by the
master or agent of a vessel. CBP conducts such processing to not
hinder, stop, or otherwise penalize maritime traffic. CBP has
discontinued the information collection covered by OMB control number
1651-0103 because this information collection was duplicative.
F. Privacy Interests
DHS will ensure that all Privacy Act requirements and policies are
adhered to in the implementation of this rule and will issue or update
any necessary Privacy Impact Assessment and/or Privacy Act System of
Records notice to fully outline processes that will ensure compliance
with Privacy Act protections.
List of Subjects
8 CFR Part 251
Air carriers, Airmen, Aliens, Maritime carriers, Reporting and
recordkeeping requirements, Seamen.
8 CFR Part 258
Aliens, Longshore and harbor workers, Reporting and recordkeeping
requirements, Seamen.
19 CFR Part 4
Exports, Freight, Harbors, Maritime carriers, Oil pollution,
Reporting and recordkeeping requirements, Vessels.
TITLE 8--ALIENS AND NATIONALITY
PART 251--ARRIVAL AND DEPARTURE MANIFESTS AND LISTS: SUPPORTING
DOCUMENTS
PART 258--LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN
CREWMEN
TITLE 19--CUSTOMS DUTIES
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
Accordingly, the interim final rule amending 8 CFR parts 251 and
258, and 19 CFR part 4, which was published at 86 FR 73618 on December
28, 2021, is adopted as final without change.
Kristi Noem,
Secretary of Homeland Security.
[FR Doc. 2025-19983 Filed 11-14-25; 8:45 am]
BILLING CODE 9111-14-P