(a) Vessels -
(1) General. Except as provided in paragraph (a)(6) of this section, the master or agent of every vessel arriving in the United States from a foreign place or an outlying possession of the United States must submit a manifest of all crewmen on board by electronically submitting the data elements required on CBP Form I-418, Passenger List - Crew List, via an electronic data interchange system approved by CBP.
(2) Longshore work information. Except as provided in paragraph (a)(6) of this section, the master or agent of the vessel must electronically submit via an electronic data interchange system approved by CBP an affirmation as to whether crewmen aboard the vessel will be used to perform longshore work at any United States port before the vessel departs the United States.
(i) If no longshore work will be performed, no further information regarding longshore work is required.
(ii) If longshore work will be performed, the master or agent must indicate which exception listed in section 258 of the Act permits the work. The exceptions are:
(A) The hazardous cargo exception;
(B) The prevailing practice exception in accordance with a port's collective bargaining agreements;
(C) The prevailing practice exception at a port where there is no collective bargaining agreement, but for which the vessel files an attestation;
(D) The prevailing practice exception for automated vessels; and
(E) The reciprocity exception.
(iii) If longshore work will be performed under the hazardous cargo exception, the vessel must either be a tanker or be transporting dry bulk cargo that qualifies as hazardous. All tankers qualify for the hazardous cargo exception, except for a tanker that has been gas-freed to load non-hazardous dry bulk commodities.
(A) To invoke the exception for tankers, the master or agent must indicate in the manifest that the vessel is a qualifying tanker.
(B) If the vessel is transporting dry bulk hazardous cargo, the master or agent must indicate in the manifest that the vessel's dry bulk cargo is hazardous and must show the immigration officer the dangerous cargo manifest that is signed by the master or an authorized representative of the owner, and that under 46 CFR 148.02 must be kept in a conspicuous place near the bridge house.
(iv) If longshore work will be performed under the prevailing practice exception, the master or agent must indicate in the manifest each port at which longshore work will be performed under this exception. Additionally, for each port the master or agent must indicate either that:
(A) The practice of nonimmigrant crewmen doing longshore work is in accordance with all collective bargaining agreements covering 30 percent or more of the longshore workers in the port;
(B) The port has no collective bargaining agreement covering 30 percent or more of the longshore workers in the port and an attestation has been filed with the Secretary of Labor;
(C) An attestation that was previously filed is still valid and the vessel continues to comply with the conditions stated in that attestation; or
(D) The longshore work consists of operating an automated, self-unloading conveyor belt or a vacuum-actuated system.
(v) If longshore work will be performed under the reciprocity exception, the master or agent must indicate in the manifest that the work will be done under the reciprocity exception, and will indicate the nationality of the vessel's registry and the nationality or nationalities of the holders of a majority of the ownership interest in the vessel.
(3) Exception for certain Great Lakes vessels.
(i) A manifest is not required for a vessel of United States, Canadian, or British registry engaged solely in traffic on the Great Lakes or the St. Lawrence River and connecting waterways, herein designated as a Great Lakes vessel, unless:
(A) The vessel employs nonimmigrant crewmen who will do longshore work at a port in the United States; or
(B) The vessel employs crewmen of other than United States, Canadian, or British citizenship.
(ii) In either situation, the master must follow the instructions prescribed in paragraph (a)(2) of this section.
(iii) After submission of a manifest on the first voyage of a calendar year, a manifest is not required on subsequent arrivals unless a nonimmigrant crewman of other than Canadian or British citizenship is employed on the vessel who was not aboard and listed on the last prior manifest, or a change has occurred regarding the performance of longshore work in the United States by nonimmigrant crewmen, or a change has occurred in the exception that the master or agent of the vessel wishes to invoke which was not indicated in the last prior manifest.
(4) The master or agent of a vessel that only bunkers at a United States port en route to another United States port must electronically submit via an electronic data interchange system approved by CBP the time, date, and place of bunkering.
(5) If documentation is required to support an exception, as described in § 258.2 of this chapter, it must be sent to CBP electronically or be presented to CBP upon arrival at the port of immigration inspection.
(6) Exception to the requirement to submit Form I-418 data elements and longshore work information electronically. The master or agent of any vessel that is arriving in the United States from a foreign place or an outlying possession of the United States, and is required to submit a manifest, may submit a paper Form I-418 to CBP upon arrival at the port where immigration inspection is performed when:
(i) The master or agent of the vessel is unable to electronically submit the data elements required on Form I-418 via an electronic data interchange system approved by CBP because there is no internet access in that location or onboard computers are experiencing technical difficulties, and there is no shore-side support available; or
(ii) CBP is experiencing technical difficulties affecting its receipt or processing of electronically submitted information, or, in its discretion, CBP determines that a paper Form I-418 is acceptable under the circumstances presented by the master or agent of a vessel.
(b) Aircraft. The captain or agent of every aircraft arriving in the United States from a foreign place or from an outlying possession of the United States, except an aircraft arriving in the United States directly from Canada on a flight originating in that country, must present to the immigration officer at the port where the inspection is performed a manifest on CBP Form 7507 or on the International Civil Aviation Organization's General Declaration of all the alien crewmembers on board, including alien crewmembers who are returning to the United States after taking an aircraft of the same line from the United States to a foreign place or alien crewmembers who are entering the United States as passengers solely for the purpose of taking an aircraft of the same line from the United States to a foreign port. The captain or agent of an aircraft that only refuels at the United States en route to another United States port must electronically update the data in the manifest presented at the onward port to indicate the time, date, and place of refueling. The surname, given name, and middle initial of each alien crewman listed also must be shown on the manifest. In addition, the captain or agent of the aircraft must indicate the total number of United States citizen crewmembers and total number of alien crewmembers.
(c) Additional documents. The master, captain, or agent must prepare as a part of the manifest, when one is required for presentation to an immigration officer, a completely executed set of Forms I-95, Conditional Landing Permit, for each nonimmigrant alien crewman on board, except:
(1) A Canadian or British citizen crewman serving on a vessel plying solely between Canada and the United States; or
(2) A nonimmigrant crewman who is in possession of an unmutilated Form I-184, Alien Crewman Landing Permit and Identification Card, or an unmutilated Form I-95 with space for additional endorsements previously issued to him or her as a member of the crew of the same vessel or an aircraft of the same line on his or her last prior arrival in the United States, following which he or she departed from the United States as a member of the crew of the same vessel or an aircraft of the same line.
[62 FR 10386, Mar. 6, 1997, as amended at 86 FR 73629, Dec. 28, 2021]