[Code of Federal Regulations]
[Title 8, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 8CFR251.1]

[Page 668-670]
 
                     TITLE 8--ALIENS AND NATIONALITY
 
CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE
 
PART 251--ARRIVAL MANIFESTS AND LISTS: SUPPORTING DOCUMENTS--Table of Contents
 
Sec. 251.1  Arrival manifests and lists.

    (a) Vessels--(1) General. The master or agent of every vessel 
arriving in the United States from a foreign place or an outlying 
possession of the United States shall present to the immigration officer 
at the port where the immigration inspection is performed a manifest of 
all crewmen on board on Form I-418, Passenger List and Crew List, in 
accordance with the instructions contained thereon.
    (2) Longshore work notations. The master or agent of the vessel 
shall indicate in writing immediately below the name of the last alien 
listed on the Form I-418 whether or not 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 notation 
regarding longshore work is required.
    (ii) If longshore work will be performed, the master or agent shall 
note 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 shall 
note on the manifest that the vessel is a qualifying tanker.
    (B) If the vessel is transporting dry bulk hazardous cargo, the 
master or agent shall note on the manifest that the vessel's dry bulk 
cargo is hazardous and shall 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

[[Page 669]]

conspicuous place near the bridge house.
    (iv) If longshore work will be performed under the prevailing 
practice exception, the master or agent shall note on the manifest each 
port at which longshore work will be performed under this exception. 
Additionally, for each port the master or agent shall note 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 shall note on the manifest that the work 
will be done under the reciprocity exception, and will note 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 shall 
not be 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 shall note the manifest in the 
manner prescribed in paragraph (a)(2) of this section.
    (iii) After submission of a manifest on the first voyage of a 
calendar year, a manifest shall not be 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 noted on 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 shall annotate Form 
I-418 presented at the onward port to indicate the time, date, and place 
of bunkering.
    (5) If documentation is required to support an exception, as 
described in Sec. 258.2 of this chapter, it must accompany the manifest.
    (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, shall present to 
the immigration officer at the port where the inspection is performed a 
manifest on United States Customs Service 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 annotate 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 shall be shown on the manifest. In addition, 
the captain or agent of the aircraft shall indicate the

[[Page 670]]

total number of United States citizen crewmembers and total number of 
alien crewmembers.
    (c) Additional documents. The master, captain, or agent shall 
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]