Unknown. Final rule

9,968 words·~45 min read·/register/2025/11/17/2025-19983·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2025-11-17.xml --- 90 219 Monday, November 17, 2025 Contents Agriculture Agriculture Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51301-51302 2025-19976 Commerce Commerce Department See National Oceanic and Atmospheric Administration Drug Drug Enforcement Administration RULES Schedules of Controlled Substances: Placement of 4-Chloromethcathinone in Schedule I, 51102-51105 2025-20004 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approval of State Coal Combustion Residuals Permit Program:

North Dakota, 51168-51181 2025-19923 Emergency Planning and Community Right-to-Know Act Hazardous Chemical Inventory Reporting Requirements to Conform to the 2024 OSHA Hazard Communication Standard; Technical Amendments, 51187-51205 2025-19921 National Oil and Hazardous Substances Pollution Contingency Plan: Extension of Transition Period for New Product Schedule Listing, 51181-51187 2025-19918 Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: Castor oil, polymer with 2-ethylhexanol, maleic anhydride and soybean oil, sodium salt in pesticide formulations, 51123-51127 2025-19915 Chlorantraniliprole, 51118-51123 2025-19910 Fluazinam, 51115-51118 2025-19917 Oxirane, Methyl-, Polymer with Oxirane, Monobutyl Ether and Oxirane, 2-Methyl, Polymer with Oxirane, Monomethyl Ether in Pesticide Formulations, 51164-51168 2025-19916 Various Fragrance Components in Pesticide Formulations, 51127-51164 2025-19913 PROPOSED RULES Air Quality State Implementation Plans;

Approvals and Promulgations: New York; Approval of Source-Specific Air Quality Implementation Plan; Calpine JFK Energy Center, 51263-51266 2025-19992 Oklahoma; Updates to the State Implementation Plan for New Source Review Permitting and General SIP Provisions, 51247-51263 2025-19989 Emergency Planning and Community Right-to-Know Act Hazardous Chemical Inventory Reporting Requirements to Conform to the 2024 OSHA Hazard Communication Standard; Technical Amendment, 51266-51291 2025-19920 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Oil Pollution Act Facility Response Plans, 51311-51312 2025-19997 Determinations of Compliance and Applicability under Clean Air Act: Formal Responses to Inquiries Concerning Compliance with the Clean Air Act Stationary Source Program (since May 2019), 51312-51315 2025-19988 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Eastern United States; Correction, 51097 2025-19999 Renaming of Restricted Areas;

Fort Cavazos, TX, 51098-51100 2025-20000 Vicinity of Keeler, MI; Correction, 51097-51098 2025-20028 Airworthiness Directives: Airbus SAS Airplanes, 51091-51094 2025-20015 Textron Aviation Inc. (Type Certificate Previously Held by Cessna Aircraft Company) Airplanes, 51094-51097 2025-19900 PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 51212-51216, 51218-51225 2025-20011 2025-20012 2025-20017 The Boeing Company Airplanes, 51216-51218, 51225-51230 2025-20010 2025-20013 2025-20014 NOTICES Cancellation and Replacement of Emergency Order Establishing Operating Limitations on the Use of Navigable Airspace, 51426-51429 2025-19986 Federal Communications Federal Communications Commission PROPOSED RULES 2022 Quadrennial Regulatory Review:

Broadcast Ownership Rules and Other Rules Adopted Pursuant to the Telecommunications Act, 51291-51300 2025-20001 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51315-51316 2025-19996 2025-20002 Federal Deposit Federal Deposit Insurance Corporation NOTICES Privacy Act; Systems of Records, 51316-51328 2025-19979 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 51305-51310 2025-19946 2025-19949 2025-19950 2025-19951 Environmental Assessments;

Availability, etc.: Public Service Company of Colorado, 51306 2025-19971 Reasonable Period of Time for Water Quality Certification Application: Town of Wells, NY, 51309 2025-19972 Request for Extension of Time: WBI Energy Transmission, Inc., 51310 2025-19970 Federal Highway Federal Highway Administration RULES Rescinding Regulations Regarding Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program, 51110-51112 2025-19903 Rescinding Regulations Regarding Management Systems Pertaining to the Forest Service and the Forest Highway Program, 51109-51110 2025-19904 Rescinding Regulations Regarding Management Systems Pertaining to the National Park Service and the Park Roads and Parkways Program, 51107-51109 2025-19906 Rescinding Requirements Regarding the Forest Highway Program, 51105-51107 2025-19905 NOTICES Final Federal Agency Action:

Proposed Transportation Project in California, 51429-51430 2025-19901 2025-19902 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Crash Risks by Commercial Motor Vehicle Driver Schedules, 51434-51435 2025-19975 Lease and Interchange of Vehicles, 51435-51436 2025-19974 Unified Registration System, FMCSA Registration/Updates, 51436-51438 2025-19977 Exemption Application: Parts and Accessories Necessary for Safe Operation;

Grote Industries, LLC, 51430-51432 2025-19937 Parts and Accessories Necessary for Safe Operation; National Tank Truck Carriers, Inc., 51432-51434 2025-19938 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 51328-51329, 51354-51356 2025-19931 2025-19932 2025-19933 2025-19934 2025-19936 Expanding Fedwire Funds Service and National Settlement Service Operating Hours, 51356-51368 2025-19942 Revisions to the Large Financial Institution Rating System and Framework for the Supervision of Insurance Organizations, 51329-51354 2025-19945 Financial Crimes Financial Crimes Enforcement Network PROPOSED RULES Special Measure Regarding Transactions Involving Ten Mexican Gambling Establishments as a Class of Transactions of Primary Money Laundering Concern, 51234-51247 2025-19927 Food and Drug Food and Drug Administration NOTICES Guidance:

Considerations for Waiver Requests for pH Adjusters in Generic Drug Products Intended for Parenteral, Ophthalmic, or Otic Use, 51373-51374 2025-19990 Expanded Access to Investigational Drugs for Treatment Use: Questions and Answers, 51369-51371 2025-19984 Menstrual Products—Performance Testing and Labeling Recommendations, 51371-51373 2025-19948 Quality Management System Information for Certain Premarket Submission Reviews, 51374-51376 2025-19947 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 51441-51443 2025-19924 Gulf Restoration Gulf Coast Ecosystem Restoration Council NOTICES Performance Review Board Members, 51369 2025-19987 Proposed Subaward under a Council-Selected Restoration Component Award, 51368-51369 2025-19981 Health and Human Health and Human Services Department See Food and Drug Administration Homeland Homeland Security Department See U.S.

Customs and Border Protection RULES Automation of CBP Form for Vessels, 51081-51091 2025-19983 NOTICES Agreement Between the Government of the United States of America and the Government of the Republic of Ecuador Relating to the Transfer of Third-Country Nationals to Ecuador, 51376-51386 2025-19939 Interior Interior Department See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Quarterly Publication of Individuals, Who Have Chosen to Expatriate, 51443-51465 2025-19980 International Trade Com International Trade Commission NOTICES Complaint, 51406-51408 2025-19929 2025-19973 Justice Department Justice Department See Drug Enforcement Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application and Permit to Import Firearms, Ammunition, and Defense Articles, 51408-51409 2025-19985 Certification of Qualifying State Relief from Disabilities Program, 51410-51411 2025-19991 User Access Request Form for EPIC System Portal, 51409-51410 2025-19919 Proposed Consent Decree: CERCLA, 51408 2025-19940 Land Land Management Bureau RULES Rescission of the Management and Protection of the National Petroleum Reserve in Alaska Regulations, issued May 7, 2024, 51470-51500 2025-19982 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 51411 2025-20005 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance: PT. Multistrada Arah Sarana Tbk; Denial, 51438-51439 2025-19993 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States: Modification of the West Coast Salmon Fisheries; Inseason Actions No. 6—No. 8, 51205-51207 2025-20016 NOTICES Hearings, Meetings, Proceedings, etc.:

Mid-Atlantic Fishery Management Council, 51304 2025-20024 New England Fishery Management Council, 51302 2025-20022 North Pacific Fishery Management Council, 51303-51304 2025-20021 National Park National Park Service NOTICES Inventory Completion: Bixby Memorial Free Library, Vergennes, VT, 51400-51401 2025-19960 Heard Museum, Phoenix, AZ, 51394-51395 2025-19957 Museum of Us, San Diego, CA, 51394 2025-19959 Temple University, Philadelphia, PA, 51393-51394 2025-19969 Tennessee Department of Environment and Conservation, Division of Archaeology, Nashville, TN, 51386-51390 2025-19954 2025-19955 U.S.

Army Corps of Engineers, San Francisco District, San Francisco, CA, 51390-51392 2025-19966 U.S. Department of the Interior, Bureau of Indian Affairs, Washington, DC, and Museum of Northern Arizona, Flagstaff, AZ, 51397-51398 2025-19958 Utah Field House of Natural History State Park Museum, Vernal, UT, 51398-51399 2025-19963 West Virginia Department of Tourism, Charleston, WV, 51399 2025-19964 National Register of Historic Places: Pending Nominations and Related Actions, 51390, 51395-51397 2025-19907 2025-19908 2025-19909 Repatriation of Cultural Items:

Gilcrease Museum, Tulsa, OK, 51405-51406 2025-19961 New York State Museum, Albany, NY, 51396 2025-19965 Sonoma State University, Rohnert Park, CA, 51392-51393 2025-19962 Tennessee Department of Environment and Conservation, Division of Archaeology, Nashville, TN, 51401-51402 2025-19956 U.S. Army Corps of Engineers, San Francisco District, San Francisco, CA, 51402-51404 2025-19967 U.S. Army Corps of Engineers, San Francisco District, San Francisco, CA, and University of California Riverside, Riverside, CA, 51405 2025-19968 U.S.

Department of the Interior, National Park Service, Chaco Culture National Historical Park, Nageezi, NM, 51399-51400 2025-19953 Nuclear Energy Nuclear Energy Office, Energy Department PROPOSED RULES Implementing Voluntary Agreements under the Defense Production Act, 51208-51212 2025-20008 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: TRISO-X, LLC; Special Nuclear Material License Application for the TRISO-X Fuel Fabrication Facility, 51412 2025-19998 Personnel Personnel Management Office NOTICES Performance Review Board Members, 51413 2025-19952 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 51413-51414 2025-19899 Privacy Privacy and Civil Liberties Oversight Board NOTICES Hearings, Meetings, Proceedings, etc.:

Public Forum, 51414 2025-19897 Railroad Retirement Railroad Retirement Board NOTICES 2026 Railroad Experience Rating Proclamations, Monthly Compensation Base and Other Determinations, 51414-51416 2025-19930 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 51423-51424 2025-19978 Order: Paxos Securities Settlement Co., LLC, 51416-51418 2025-19914 Temporary Exemptive Relief, 51418-51420 2025-19926 Self-Regulatory Organizations; Proposed Rule Changes:

Boston Stock Exchange Clearing Corp., Cboe Exchange, Inc., Cboe BZX Exchange, Inc. et al., 51424-51426 2025-19911 Cboe BZX Exchange, Inc., 51420-51423 2025-19912 Small Business Small Business Administration NOTICES Disaster Declaration: Florida, 51426 2025-19935 Surface Mining Surface Mining Reclamation and Enforcement Office RULES Ohio Regulatory Program, 51112-51115 2025-20019 PROPOSED RULES Kentucky Regulatory Program, 51232-51234 2025-20018 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration See Transportation Statistics Bureau PROPOSED RULES Airline Passenger Rights, 51230-51232 2025-20042 NOTICES Hearings, Meetings, Proceedings, etc.:

U.S. Merchant Marine Academy Board of Visitors; Correction, 51440 2025-19941 Performance Review Board Members; Correction, 51439-51440 2025-19925 Transportation Statistics Transportation Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Passenger Origin-Destination Survey Report, 51440-51441 2025-20020 Treasury Treasury Department See Financial Crimes Enforcement Network See Foreign Assets Control Office See Internal Revenue Service Customs U.S.

Customs and Border Protection RULES Automation of CBP Form for Vessels, 51081-51091 2025-19983 List of User Fee Airports: Addition of Five Airports, Removal of One Airport, 51100-51102 2025-20007 DFC U.S. International Development Finance Corporation NOTICES Hearings, Meetings, Proceedings, etc., 51304 2025-19922 Unified Unified Carrier Registration Plan NOTICES Meetings; Sunshine Act, 51465-51466 2025-20006 2025-20009 Veteran Affairs Veterans Affairs Department NOTICES Hearings, Meetings, Proceedings, etc.:

VA National Academic Affiliations Council, 51466-51467 2025-20003 Separate Parts In This Issue Part II Interior Department, Land Management Bureau, 51470-51500 2025-19982 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 90 219 Monday, November 17, 2025 Rules and Regulations 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. 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, *Stephen.M.Dearborn@cbp.dhs.gov* 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, *Brian.A.Sale@cbp.dhs.gov* 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. 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. 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 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. 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. 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 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 §§ 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. 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. 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. 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. 16 *See* 8 CFR 251.5. 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 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. 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. 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. 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 Fiscal year Non-former I-418 automation test program participants Vessel arrivals/ departures Former I-418 automation test program participants Vessels fully participating in test Vessels partially participating in test Test program participant total Regulatory program Vessel arrivals/ departures All cruise ships Vessel arrivals/ departures 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 Total, 2011-2021 38,224 24,328 24,328 48,656 0 86,880 Total, 2022-2024 0 0 0 0 36,724 36,724 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 Fiscal year Non-former I-418 automation test program participants Vessel arrivals/ departures Former I-418 automation test program participants Vessels fully participating in test Vessels partially participating in test Test program participant total Regulatory program Vessel arrivals/ departures All cargo and non-cargo vessels Vessel arrivals/ departures 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 Total, 2011-2021 725,939 55,366 55,360 110,726 0 836,665 Total, 2022-2024 0 0 0 0 211,471 211,471 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 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). 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/.* 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 Fiscal year Non-former I-418 automation test program participants Growth in vessel arrivals/ departures (%) Vessel arrivals/ departures Former I-418 automation test program participants Growth in vessel arrivals/ departures (%) Vessel arrivals/ departures of participants fully participating in test Vessel arrivals/ departures of participants partially participating in test Total vessel arrivals/ departures All cruise ships Vessel arrivals/ departures 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. Table 4—Projected Cargo and Non-Cargo Vessel I-418 Test Participation Fiscal year Non-former I-418 automation test program participants Growth in vessel arrivals/ departures (%) Vessel arrivals/ departures Former I-418 automation test program participants Growth in vessel arrivals/ departures (%) Vessel arrivals/ departures of participants fully participating in test Vessel arrivals/ departures of participants partially participating in test Total vessel arrivals/ departures All cargo and non-cargo vessels Vessel arrivals/ departures 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] Fiscal year Total cost of 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 percent 116,076 Total: Present Value, Discounted at 7 percent 2,826,551 Total: Annualized Value, Discounted at 7 percent 116,040 1 All data is from the 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. 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 × 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 × 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] Fiscal year Total benefit of 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 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 percent 712,517 Total: Present Value, Discounted at 7 percent 16,676,191 Total: Annualized Value, Discounted at 7 percent 684,615 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 Present values Annualized values 7% Discount rate Present values Annualized 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. Table 8—Total Benefit (Cost Saving) of I-418 Automation Regulatory Program FY 2022-FY 2026 [2024 U.S. dollars] Fiscal year Total benefit of 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 percent 16,720,151 Total: Present Value, Discounted at 7 percent 83,971,081 Total: Annualized Value, Discounted at 7 percent 16,717,589 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 Present values Annualized values 7% Discount rate Present values Annualized 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. Table 10—Combined Net Benefit of I-418 Automation Test and Regulatory Programs [2024 U.S. dollars] 3% Discount rate Present values Annualized values 7% Discount rate Present values Annualized 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 rate 7% Discount 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 rate 7% Discount 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. 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]

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