Transportation Worker Identification Credential (TWIC) Implementation in the Maritime Sector; Hazardous Materials Endorsement for a Commercial Driver's License, 25562-25566 [E8-10232]
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Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Rules and Regulations
Flooding source(s)
Arroyo Salada ..........................
Calyx Ditch ..............................
Farmosa Ditch .........................
Parosa Ditch ............................
Salton Sea ...............................
Tonalee Ditch ..........................
*Elevation in
feet (NAVD)
#Depth in feet
above ground
(¥) Feet
below sea
level
modified
Location of referenced elevation
Approximately 0.59 mile upstream of State Route 86 .............
Shallow Flooding—Approximately 1.38 miles above confluence with Salton Sea to Salton Sea.
Shallow Flooding—State Route 86 to confluence with Salton
Sea.
Shallow Flooding—150 feet upstream of State Route 86 to
State Route 86.
Shallow Flooding—State Route 86 to confluence with Salton
Sea.
Shallow Flooding—State Route 86 to confluence with Salton
Sea.
Shallow Flooding—150 feet upstream of State Route 86 to
State Route 86.
West shoreline of Salton Sea from approximately 0.78 miles
southeast of confluence with Arroyo Salada to approximately 0.66 miles north of confluence with Shoreline Ditch.
Shallow Flooding—1,000 feet upstream of State Route 86 to
confluence with Salton Sea.
*(¥)88
#1
#1
Communities
affected
Imperial County (Unincorporated Areas).
Imperial County (Unincorporated Areas).
#2
#1
#1
Imperial County (Unincorporated Areas).
Imperial County (Unincorporated Areas).
#2
*(¥)224
Imperial County (Unincorporated Areas).
#1
Imperial County (Unincorporated Areas).
* North American Vertical Datum.
# Depth in feet above ground.
(¥) Feet below sea level.
ADDRESSES
Imperial County (Unincorporated Areas)
Maps available for inspection at: Imperial County Planning & Development Services Department; 801 West Main Street, El Centro, California
92243
(Catalog of Federal Domestic Assistance No.
97.022, ‘‘Flood Insurance.’’)
Dated: April 29, 2008.
David I. Maurstad,
Federal Insurance Administrator of the
National Flood Insurance Program,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. E8–10140 Filed 5–6–08; 8:45 am]
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Parts 101, 104, 105, and 106
46 CFR Parts 10, 12, and 15
Transportation Security Administration
BILLING CODE 9110–12–P
49 CFR Part 1572
[Docket Nos. TSA–2006–24191; USCG–
2006–24196]
forth in the Transportation Worker
Identification Credential (TWIC) final
rule. Under the new final compliance
date mariners must obtain a TWIC no
later than April 15, 2009. This final rule
also extends to April 15, 2009, the final
date by which owners and operators of
vessels, facilities, and outer continental
shelf facilities, who have not otherwise
been required to implement access
control procedures utilizing TWIC on an
earlier date, must implement those
procedures.
DATES:
This final rule is effective May 7,
2008.
RIN 1652–AA41
Comments and material
received from the public, as well as
documents mentioned in this preamble
as being available in the docket, are part
of dockets TSA–2006–24191 and
USCG–2006–24196, and are available
for inspection or copying at the Docket
Management Facility, U.S. Department
of Transportation, West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. You may also find this docket
on the Internet at https://
www.regulations.gov.
ADDRESSES:
Transportation Worker Identification
Credential (TWIC) Implementation in
the Maritime Sector; Hazardous
Materials Endorsement for a
Commercial Driver’s License
United States Coast Guard,
Transportation Security Administration;
DHS.
ACTION: Final rule; extension of
compliance date.
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AGENCY:
SUMMARY: The Department of Homeland
Security (DHS), through the United
States Coast Guard (Coast Guard) and
the Transportation Security
Administration (TSA), issues this final
rule to realign the compliance date set
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If
you have questions on the TSA portions
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Rules and Regulations
of this rule, call Christine Beyer,
telephone (571) 227–2657. If you have
questions on the Coast Guard portions
of this rule, call LCDR Jonathan
Maiorine, telephone 1–877–687–2243. If
you have questions on viewing the
docket, call Renee V. Wright, Program
Manager, Docket Operations, telephone
202–493–0402.
SUPPLEMENTARY INFORMATION:
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I. Background and Regulatory History
On May 22, 2006, the Department of
Homeland Security (DHS) through the
United States Coast Guard (Coast Guard)
and the Transportation Security
Administration (TSA) published a joint
notice of proposed rulemaking (NPRM)
entitled ‘‘Transportation Worker
Identification Credential (TWIC)
Implementation in the Maritime Sector;
Hazardous Materials Endorsement for a
Commercial Driver’s License’’ in the
Federal Register (71 FR 29396)
(hereinafter referred to as the ‘‘TWIC
NPRM’’). The TWIC NPRM proposed
requirements related to the TWIC
program, including compliance dates for
mariners to obtain and possess a TWIC,
and for vessels, facilities and outer
continental shelf facilities to operate in
accordance with TWIC provisions.
Specifically, DHS proposed that vessels
and facilities would be required to be in
compliance with the requirements of a
TWIC final rule between twelve (12) and
eighteen (18) months following the
publication date of the final rule,
depending on whether enrollment for
the port in which the vessel or facility
is operating had been completed. 71 FR
at 29409, 29412.
On January 25, 2007, after a 45-day
comment period and four public
meetings, the Coast Guard and TSA
published a joint final rule under the
same title (72 FR 3492) (hereinafter
referred to as the ‘‘TWIC joint final
rule’’). The TWIC joint final rule
discussed the comments received on the
proposed rule, including a discussion of
all comments related to the proposed
TWIC implementation timeline and the
requirements for mariners, vessels,
facilities and outer continental shelf
facilities to comply with TWIC
procedures. It also made changes to the
rule text in response to those comments.
The TWIC joint final rule, at 33 CFR
104.115, revised the compliance dates
for vessel owners and operators to
provide vessel owners or operators 20
months from the publication date of the
final rule, up to and including
September 25, 2008, to implement the
TWIC access control provisions. 72 FR
3492, 3499. The rule tied the
compliance date for facilities and outer
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continental shelf facilities to completion
of the initial enrollment in the Captain
of the Port (COTP) zone where the
facility is located. See 33 CFR 105.115
and 106.110. This date would vary for
each COTP zone as announced by the
Coast Guard through publication of a
notice in the Federal Register. Under
the final rule, the Coast Guard would
publish these notices at least 90 days in
advance of the compliance date, but the
final compliance date for all COTPs
would not be later than September 25,
2008. Finally, the latest date by which
mariners would be expected to obtain
and possess a TWIC, as set forth in 33
CFR 101.514, would also be September
25, 2008. 72 FR at 3499.
II. Discussion of Change
With this final rule, DHS is realigning
the deadline for final compliance with
the requirements of the TWIC final rule
to provide 18 months from the date the
initial enrollment centers became
operational for regulated entities to
come into compliance with the
requirements of the TWIC final rule. As
discussed above, when DHS set the final
compliance date by the final rule
published in January of 2007, the Coast
Guard and TSA estimated that all TWIC
enrollment centers would be operational
within 18 months of the beginning of
the enrollment rollout. See 72 FR at
3539. Accordingly, the Coast Guard and
TSA set the final compliance date for
vessels for 20 months after the
publication date of the final rule to
allow TSA two months to finalize a
contract with the entity that would
operate the enrollment centers, as well
as to ensure that the underlying TWIC
system could operate as intended. This
schedule was intended to allow
mariners and other regulated entities up
to 18 months to enroll before the
September 25, 2008 compliance date.
TSA contracted with Lockheed Martin
to operate TWIC enrollment centers on
January 29, 2007. The first TWIC
enrollment center opened in
Wilmington, Delaware on October 16,
2007. See 72 FR 57342 (Oct. 9, 2007).
Since that time, TSA has opened over
100 TWIC enrollment centers. TSA
currently estimates that the final
enrollment centers will be opened and
operational in September of 2008.
Because TSA did not open the initial
enrollment centers until approximately
six months after the initial estimated
start date, TSA and Coast Guard have
provided the additional time to allow
for the full 18 months of enrollment
intended under the TWIC final rule.
Accordingly, to ensure that every
individual who requires a TWIC will
have the opportunity to enroll for one,
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25563
and to ensure that TSA will have time
to complete the security threat
assessments on all applicants, DHS is
extending the compliance date from
September 25, 2008 to April 15, 2009,
to realign the final compliance date with
the original intent of the TWIC final
rule. Under this final rule, by no later
than April 15, 2009, mariners must
obtain a TWIC, and owners and
operators of vessels, facilities, and outer
continental shelf facilities, who have
not otherwise been required to
implement access control procedures
utilizing TWIC, must implement those
procedures. Owners and operators of
facilities that must comply with 33 CFR
part 105 will still be subject to earlier,
rolling compliance dates, as laid out in
33 CFR 105.115(e). As provided in that
regulation, the Coast Guard will
announce those dates at least 90 days in
advance via notices published in the
Federal Register. The final compliance
date will not be later than April 15,
2009. In a separate notice published in
today’s edition of the Federal Register,
we provide this notice for the first three
COTP Zones: Boston, Northern New
England, and Southeastern New
England.
The TWIC final rule also did not
require that mariners obtain or possess
a TWIC for access to secure areas of
vessels, facilities, and OSC facilities
until September 25, 2008. With this
amendment, mariners holding a
Merchant Mariner’s License (License),
Merchant Mariner’s Document (MMD),
Certificate of Registry, or an
International Convention on Standards
of Training, Certification and
Watchkeeping for Seafarers (STCW)
Endorsement, will not need to have a
TWIC until April 15, 2009. Until that
date, they may continue to use their
mariner credentials, along with a photo
ID, to gain unescorted access to facilities
and vessels, per 33 CFR 101.514.
Amendments in 46 CFR 10.113, 12.01–
11, and 15.415 will also reflect the date
change to April 15, 2009. Additionally,
owners and operators of vessels and
outer continental shelf facilities
regulated by 33 CFR parts 104 and 106,
respectively, will not need to
incorporate TWIC into their security
measures for access control until April
15, 2009.
Finally, the applicable dates for
mariners wishing to purchase a reduced
fee TWIC, by relying upon the security
threat assessment done by the Coast
Guard when they applied for their
License or their MMD have been
realigned to cover those mariners who
obtain or renew their credential between
September 25, 2008 and April 15, 2009.
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We anticipate that these changes will
not substantially increase TWIC-related
compliance costs to the affected entities
and in most cases will provide
advantages through deadline extensions.
These amendments may be found at
33 CFR 101.514, 104.115, 105.115,
106.110; 46 CR 10.113, 12.01–11, and
15.415; and 49 CFR 1572.19.
III. Regulatory Requirements
C. Small Entities
A. Administrative Procedure Act
DHS is issuing this final rule, for
immediate implementation, without
providing the public prior notice and
the opportunity for comment. Sections
553(b) and (d) of the Administrative
Procedure Act (APA) (5 U.S.C. 553)
authorize agencies to dispense with
certain notice procedures for rules when
they find good cause to do so. Under
section 553(b), the requirements of
notice and opportunity for comment do
not apply when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Section 553(d)
allows an agency, upon finding good
cause, to make a rule effective
immediately upon publication in the
Federal Register.
Providing an opportunity for prior
notice and public comment on the
extensions of the compliance dates in
the TWIC final rule would be
unnecessary and contrary to the public
interest. As discussed above, without
the change in the full compliance date,
it would not be possible for all regulated
parties to comply with the TWIC
regulations. Even if it were possible for
all persons to enroll by the current
compliance date (which, as noted above,
is not realistically possible), it would
not be possible for TSA to complete full
security threat assessments on all of
those individuals in advance of the
September 25, 2008 date.
Further, because this final rule
relieves a restriction by providing
regulated entities more time to comply
with the regulatory requirements, DHS
finds that this rule shall become
effective immediately upon publication
of this final rule in the Federal Register.
5 U.S.C. 553(d).
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B. Executive Order 12866 (Regulatory
Planning and Review)
This final rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866. This rule,
therefore, is not subject to review by the
Office of Management and Budget. We
expect the economic impact of this rule
to be minimal and a full regulatory
analysis unnecessary.
This rule realigns the final
compliance date for implementing
TWIC. To the extent that deadlines have
changed, affected parties may incur
some TWIC-related costs later rather
than sooner.
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Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
small businesses, not-for-profit
organizations that are independently
owned and operated and are not
dominant in their fields, and
governmental jurisdictions with
populations of less than 50,000.
We do not expect this rule to
substantially increase TWIC-related
compliance costs, as it realigns a
deadline. The Coast Guard and TSA
certify under 5 U.S.C. 605(b) that this
final rule will not have a significant
economic impact on a substantial
number of small entities.
D. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding the rule so that they can
better evaluate its effects on them and
participate in the rulemaking.
Small businesses may send comments
on the actions of Federal employees
who enforce, or otherwise determine
compliance with, Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call
1–888–REG–FAIR (1–888–734–3247).
E. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
F. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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G. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
H. Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
I. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
J. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
K. Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
L. Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
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Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Rules and Regulations
§ 101.514
25565
[Revised]
require a Statement of Energy Effects
under Executive Order 13211.
or homeland security and defense
operations) would also be applicable.
M. Technical Standards
List of Subjects
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
33 CFR Part 101
Harbors, Maritime security, Reporting
and recordkeeping requirements,
Security measures, Vessels, Waterways.
2. Revise § 101.514(e) by removing the
date ‘‘September 25, 2008’’ and adding
in its place the date ‘‘April 15, 2009’’.
PART 104—MARITIME SECURITY:
VESSELS
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N. Environment
The provisions of this rule have been
analyzed under the Department of
Homeland Security (DHS) Management
Directive (MD) 5100.1, Environmental
Planning Program, which is the DHS
policy and procedures for implementing
the National Environmental Policy Act
(NEPA), and related Executive Orders
and requirements. The changes being
made by this final rule have no effect on
the environmental analysis that
accompanied the promulgation of the
original TWIC final rule. That analysis
can be found at 72 FR 3576–3577.
Accordingly, there are no
extraordinary circumstances presented
by this rule that would limit the use of
a CATEX under MD 5100.1, Appendix
A, paragraph 3.2. The implementation
of this rule, like the implementation of
the original TWIC final rule, is
categorically excluded under the
following categorical exclusions
(CATEX) listed in MD 5100.1, Appendix
A, Table 1: CATEX A1 (personnel,
fiscal, management and administrative
activities); CATEX A3 (promulgation of
rules, issuance of rulings or
interpretations); and CATEX A4
(information gathering, data analysis
and processing, information
dissemination, review, interpretation
and development of documents).
CATEX B3 (proposed activities and
operations to be conducted in an
existing structure that would be
compatible with and similar in scope to
ongoing functional uses) and CATEX B
11 (routine monitoring and surveillance
activities that support law enforcement
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33 CFR Part 104
Incorporation by reference, Maritime
security, Reporting and recordkeeping
requirements, Security measures,
Vessels.
33 CFR Part 105
Facilities, Maritime security,
Reporting and recordkeeping
requirements, Security measures.
I
3. The authority citation for part 104
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1,
6.04–11, 6.14, 6.16, and 6.19; Department of
Homeland Security Delegation No. 0170.1.
§ 104.115
[Revised]
4. Revise § 104.115(d) by removing the
date ‘‘September 25, 2008’’ and adding
in its place the date ‘‘April 15, 2009’’.
I
33 CFR Part 106
Facilities, Maritime security, Outer
Continental Shelf, Reporting and
recordkeeping requirements, Security
measures.
I
46 CFR Part 10
Penalties, Reporting and
recordkeeping requirements, Schools,
Seamen.
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
70103; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–
11, 6.14, 6.16, and 6.19; Department of
Homeland Security Delegation No. 0170.1.
46 CFR Part 12
Penalties, Reporting and
recordkeeping requirements, Seamen.
46 CFR Part 15
Reporting and recordkeeping
requirements, Seamen, Vessels.
49 CFR Part 1572
Appeals, Commercial drivers license,
Criminal history background checks,
Explosives, Facilities, Hazardous
materials, Incorporation by reference,
Maritime security, Motor carriers, Motor
vehicle carriers, Ports, Seamen, Security
measures, Security threat assessment,
Vessels, Waivers.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR parts 101, 104, 105, and 106, and
46 CFR parts 10, 12, and 15 and the
Transportation Security Administration
amends 49 CFR part 1572 as follows:
Title 33—Navigation and Navigable
Waters
CHAPTER I—COAST GUARD
PART 101—MARITIME SECURITY:
GENERAL
PART 105—MARITIME SECURITY:
FACILITIES
5. The authority citation for part 105
continues to read as follows:
§ 105.115
[Revised]
6. Revise § 105.115(e) by removing the
date ‘‘September 25, 2008’’ and adding
in its place the date ‘‘April 15, 2009’’.
I
PART 106—MARITIME SECURITY:
OUTER CONTINENTAL SHELF (OCS)
FACILITIES
7. The authority citation for part 106
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1,
6.04–11, 6.14, 6.16, and 6.19; Department Of
Homeland Security Delegation No. 0170.1.
§ 106.110
[Revised]
8. Revise § 106.110(e) by removing the
date ‘‘September 25, 2008’’ and adding
in its place the date ‘‘April 15, 2009’’.
I
Title 46—Shipping
CHAPTER I—COAST GUARD
Subchapter B—Merchant Marine Officers
and Seamen
PART 10—LICENSING OF MARITIME
PERSONNEL
I
9. The authority citation for part 10
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 192; Executive
Order 12656, 3 CFR 1988 Comp., p. 585; 33
CFR 1.05–1, 6.04–11, 6.14, 6.16, and 6.19;
Department of Homeland Security Delegation
No. 0170.1.
Authority: 14 U.S.C. 633; 31 U.S.C. 9701;
46 U.S.C. 2101, 2103, and 2110; 46 U.S.C.
chapter 71; 46 U.S.C. 7502, 7505, 7701, and
8906; Executive Order 10173; Department of
Homeland Security Delegation No. 0170.1.
Section 10.107 is also issued under the
authority of 44 U.S.C. 3507.
1. The authority citation for part 101
continues to read as follows:
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§ 10.113
Federal Register / Vol. 73, No. 89 / Wednesday, May 7, 2008 / Rules and Regulations
[Revised]
10. Revise § 10.113 by removing the
date ‘‘September 25, 2008’’ and adding
in its place the date ‘‘April 15, 2009’’.
I
PART 12—CERTIFICATION OF
SEAMEN
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 0, 20, 68
[WT Docket No. 07–250; FCC 08–68; FCC
08–117]
I
11. The authority citation for part 12
continues to read as follows:
Authority: 31 U.S.C. 9701; 46 U.S.C. 2101,
2103, 2110, 7301, 7302, 7503, 7505, 7701,
and 70105; Department of Homeland
Security Delegation No. 0170.1.
Hearing Aid-Compatible Mobile
Handsets, Petition of American
National Standards Institute
Accredited Standards Committee C63
(EMC) ANSI ASC C63TM
AGENCY:
§ 12.01–11
[Revised]
12. Revise § 12.01–11 by removing the
date ‘‘September 25, 2008’’ and adding
in its place the date ‘‘April 15, 2009’’.
I
PART 15—MANNING REQUIREMENTS
13. The authority citation for part 15
continues to read as follows:
I
Authority: 46 U.S.C. 2101, 2103, 3306,
3703, 8101, 8102, 8104, 8105, 8301, 8304,
8502, 8503, 8701, 8702, 8901, 8902, 8903,
8904, 8905(b), 8906, 9102, and 8103; and
Department of Homeland Security Delegation
No. 0170.1.
§ 15.415
[Revised]
14. Revise § 15.415 by removing the
date ‘‘September 25, 2008’’ and adding
in its place the date ‘‘April 15, 2009’’.
I
Title 49—Transportation
CHAPTER XII—TRANSPORTATION
SECURITY ADMINISTRATION
Subchapter D—Maritime and Land
Transportation Security
PART 1572—CREDENTIALING AND
SECURITY THREAT ASSESSMENTS
15. The authority citation for part
1572 continues to read as follows:
I
Authority: 46 U.S.C. 70105; 49 U.S.C. 114,
5103a, 40113, and 46105; 18 U.S.C. 842, 845;
6 U.S.C. 469.
§ 1572.19
[Revised]
16. Revise § 1572.19(b) by removing
the date ‘‘September 25, 2008’’ in the
two places where it appears, and adding
in each place the date ‘‘April 15, 2009’’.
jlentini on PROD1PC65 with RULES
I
Dated: May 2, 2008.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Marine Safety, Security &
Stewardship.
Gale Rossides,
Deputy Administrator, Transportation
Security Administration.
[FR Doc. E8–10232 Filed 5–6–08; 8:45 am]
BILLING CODE 4910–15–P
VerDate Aug<31>2005
16:44 May 06, 2008
Jkt 214001
Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: The Federal Communications
Commission (Commission) adopts
various proposals to amend its hearing
aid compatibility policies and
requirements pertaining to wireless
services, including modifications and
other requirements along the framework
proposed in a consensus plan (Joint
Consensus Plan) developed jointly by
industry and representatives for the deaf
and hard of hearing community. The
Commission anticipates that these rule
changes, taken together and largely
supported by manufacturers, service
providers, and consumers with hearing
loss, will meet statutory obligations to
ensure reasonable access to telephone
service by persons with impaired
hearing. These requirements are
intended to benefit wireless users in the
deaf and hard of hearing community,
including the most disadvantaged who
are more likely to rely on telecoilequipped hearing aids, as well as to
ensure that these consumers have a
variety of handsets available to them,
including handsets with innovative
features.
DATES: Effective June 6, 2008, except for
§§ 20.19(f)(2), 20.19(h), and 20.19(i)
which contains information collection
requirements that are not effective until
approved by the Office of Management
and Budget. The Commission will
publish a document in the Federal
Register announcing the effective date
for those sections. The Commission will
send a copy of the First Report & Order
and Order on Reconsideration and
Erratum in a report to be sent to
Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A). The incorporation by
reference of certain publications listed
in the rule is approved by the Director
of the Federal Register as of June 6,
2008. Public and agency comments on
Information Collection Requirements
are due on or before July 7, 2008.
ADDRESSES: Federal Communications
Commission, 445 12th Street, SW.,
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
Washington, DC 20554. In addition to
filing comments with the Office of the
Secretary, a copy of any comments on
the Paperwork Reduction Act
information collection requirements
contained herein should be submitted to
Judith Boley, Federal Communications
Commission, Room 1–B441, 445 12th
Street, SW., Washington, DC 20554, or
via the Internet to PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT:
Thomas McCudden, Room 6118,
Michael Rowan, Room 6603, or Peter
Trachtenberg, Spectrum & Competition
Policy Division, Wireless
Telecommunications Bureau, Federal
Communications Commission, 445 12th
Street, SW., Portals I, Room 6119,
Washington, DC 20554. For additional
information concerning the Paperwork
Reduction Act information collection
requirements contained in this
document, contact Judith Boley, (202)
418–0214, or via the Internet at
PRA@fcc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s First
Report & Order (R&O) in WT Docket No.
07–250 released February 28, 2008, and
the Commission’s Order on
Reconsideration and Erratum (Recon) in
WT Docket No. 07–250 released April
17, 2008. The complete text of the R&O
and Recon are available for public
inspection and copying from 8 a.m. to
4:30 p.m. Monday through Thursday or
from 8 a.m. to 11:30 a.m. on Friday at
the FCC Reference Information Center,
Portals II, 445 12th Street, SW., Room
CY–A257, Washington, DC 20554. [The
R&O and Recon may also be purchased
from the Commission’s duplicating
contractor, Best Copy and Printing, Inc.
(BCPI), Portals II, 445 12th Street, SW.,
Room CY–B402, Washington, DC 20554,
telephone 202–488–5300, facsimile
202–488–5563, or you may contact BCPI
at its Web site: https://
www.BCPIWEB.com. When ordering
documents from BCPI, please provide
the appropriate FCC document number,
FCC 08–68 for the R&O, and FCC 08–
117 for the Recon. The R&O and Recon
are also available on the Internet at the
Commission’s Web site through its
Electronic Document Management
System (EDOCS): https://
hraunfoss.fcc.gov/edocs_public/
SilverStream/Pages/edocs.html.]
Paperwork Reduction Act of 1995
Analysis
This document contains new and
modified information collection
requirements subject to the Paperwork
Reduction Act of 1995 (PRA), Public
Law 104–13. It will be submitted to the
Office of Management and Budget
E:\FR\FM\07MYR1.SGM
07MYR1
]]>Agencies
[Federal Register Volume 73, Number 89 (Wednesday, May 7, 2008)]
[Rules and Regulations]
[Pages 25562-25566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10232]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Parts 101, 104, 105, and 106
46 CFR Parts 10, 12, and 15
Transportation Security Administration
49 CFR Part 1572
[Docket Nos. TSA-2006-24191; USCG-2006-24196]
RIN 1652-AA41
Transportation Worker Identification Credential (TWIC)
Implementation in the Maritime Sector; Hazardous Materials Endorsement
for a Commercial Driver's License
AGENCY: United States Coast Guard, Transportation Security
Administration; DHS.
ACTION: Final rule; extension of compliance date.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS), through the United
States Coast Guard (Coast Guard) and the Transportation Security
Administration (TSA), issues this final rule to realign the compliance
date set forth in the Transportation Worker Identification Credential
(TWIC) final rule. Under the new final compliance date mariners must
obtain a TWIC no later than April 15, 2009. This final rule also
extends to April 15, 2009, the final date by which owners and operators
of vessels, facilities, and outer continental shelf facilities, who
have not otherwise been required to implement access control procedures
utilizing TWIC on an earlier date, must implement those procedures.
DATES: This final rule is effective May 7, 2008.
ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are
available for inspection or copying at the Docket Management Facility,
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. You
may also find this docket on the Internet at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: If you have questions on the TSA
portions
[[Page 25563]]
of this rule, call Christine Beyer, telephone (571) 227-2657. If you
have questions on the Coast Guard portions of this rule, call LCDR
Jonathan Maiorine, telephone 1-877-687-2243. If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone 202-493-0402.
SUPPLEMENTARY INFORMATION:
I. Background and Regulatory History
On May 22, 2006, the Department of Homeland Security (DHS) through
the United States Coast Guard (Coast Guard) and the Transportation
Security Administration (TSA) published a joint notice of proposed
rulemaking (NPRM) entitled ``Transportation Worker Identification
Credential (TWIC) Implementation in the Maritime Sector; Hazardous
Materials Endorsement for a Commercial Driver's License'' in the
Federal Register (71 FR 29396) (hereinafter referred to as the ``TWIC
NPRM''). The TWIC NPRM proposed requirements related to the TWIC
program, including compliance dates for mariners to obtain and possess
a TWIC, and for vessels, facilities and outer continental shelf
facilities to operate in accordance with TWIC provisions. Specifically,
DHS proposed that vessels and facilities would be required to be in
compliance with the requirements of a TWIC final rule between twelve
(12) and eighteen (18) months following the publication date of the
final rule, depending on whether enrollment for the port in which the
vessel or facility is operating had been completed. 71 FR at 29409,
29412.
On January 25, 2007, after a 45-day comment period and four public
meetings, the Coast Guard and TSA published a joint final rule under
the same title (72 FR 3492) (hereinafter referred to as the ``TWIC
joint final rule''). The TWIC joint final rule discussed the comments
received on the proposed rule, including a discussion of all comments
related to the proposed TWIC implementation timeline and the
requirements for mariners, vessels, facilities and outer continental
shelf facilities to comply with TWIC procedures. It also made changes
to the rule text in response to those comments. The TWIC joint final
rule, at 33 CFR 104.115, revised the compliance dates for vessel owners
and operators to provide vessel owners or operators 20 months from the
publication date of the final rule, up to and including September 25,
2008, to implement the TWIC access control provisions. 72 FR 3492,
3499. The rule tied the compliance date for facilities and outer
continental shelf facilities to completion of the initial enrollment in
the Captain of the Port (COTP) zone where the facility is located. See
33 CFR 105.115 and 106.110. This date would vary for each COTP zone as
announced by the Coast Guard through publication of a notice in the
Federal Register. Under the final rule, the Coast Guard would publish
these notices at least 90 days in advance of the compliance date, but
the final compliance date for all COTPs would not be later than
September 25, 2008. Finally, the latest date by which mariners would be
expected to obtain and possess a TWIC, as set forth in 33 CFR 101.514,
would also be September 25, 2008. 72 FR at 3499.
II. Discussion of Change
With this final rule, DHS is realigning the deadline for final
compliance with the requirements of the TWIC final rule to provide 18
months from the date the initial enrollment centers became operational
for regulated entities to come into compliance with the requirements of
the TWIC final rule. As discussed above, when DHS set the final
compliance date by the final rule published in January of 2007, the
Coast Guard and TSA estimated that all TWIC enrollment centers would be
operational within 18 months of the beginning of the enrollment
rollout. See 72 FR at 3539. Accordingly, the Coast Guard and TSA set
the final compliance date for vessels for 20 months after the
publication date of the final rule to allow TSA two months to finalize
a contract with the entity that would operate the enrollment centers,
as well as to ensure that the underlying TWIC system could operate as
intended. This schedule was intended to allow mariners and other
regulated entities up to 18 months to enroll before the September 25,
2008 compliance date.
TSA contracted with Lockheed Martin to operate TWIC enrollment
centers on January 29, 2007. The first TWIC enrollment center opened in
Wilmington, Delaware on October 16, 2007. See 72 FR 57342 (Oct. 9,
2007). Since that time, TSA has opened over 100 TWIC enrollment
centers. TSA currently estimates that the final enrollment centers will
be opened and operational in September of 2008. Because TSA did not
open the initial enrollment centers until approximately six months
after the initial estimated start date, TSA and Coast Guard have
provided the additional time to allow for the full 18 months of
enrollment intended under the TWIC final rule.
Accordingly, to ensure that every individual who requires a TWIC
will have the opportunity to enroll for one, and to ensure that TSA
will have time to complete the security threat assessments on all
applicants, DHS is extending the compliance date from September 25,
2008 to April 15, 2009, to realign the final compliance date with the
original intent of the TWIC final rule. Under this final rule, by no
later than April 15, 2009, mariners must obtain a TWIC, and owners and
operators of vessels, facilities, and outer continental shelf
facilities, who have not otherwise been required to implement access
control procedures utilizing TWIC, must implement those procedures.
Owners and operators of facilities that must comply with 33 CFR part
105 will still be subject to earlier, rolling compliance dates, as laid
out in 33 CFR 105.115(e). As provided in that regulation, the Coast
Guard will announce those dates at least 90 days in advance via notices
published in the Federal Register. The final compliance date will not
be later than April 15, 2009. In a separate notice published in today's
edition of the Federal Register, we provide this notice for the first
three COTP Zones: Boston, Northern New England, and Southeastern New
England.
The TWIC final rule also did not require that mariners obtain or
possess a TWIC for access to secure areas of vessels, facilities, and
OSC facilities until September 25, 2008. With this amendment, mariners
holding a Merchant Mariner's License (License), Merchant Mariner's
Document (MMD), Certificate of Registry, or an International Convention
on Standards of Training, Certification and Watchkeeping for Seafarers
(STCW) Endorsement, will not need to have a TWIC until April 15, 2009.
Until that date, they may continue to use their mariner credentials,
along with a photo ID, to gain unescorted access to facilities and
vessels, per 33 CFR 101.514. Amendments in 46 CFR 10.113, 12.01-11, and
15.415 will also reflect the date change to April 15, 2009.
Additionally, owners and operators of vessels and outer continental
shelf facilities regulated by 33 CFR parts 104 and 106, respectively,
will not need to incorporate TWIC into their security measures for
access control until April 15, 2009.
Finally, the applicable dates for mariners wishing to purchase a
reduced fee TWIC, by relying upon the security threat assessment done
by the Coast Guard when they applied for their License or their MMD
have been realigned to cover those mariners who obtain or renew their
credential between September 25, 2008 and April 15, 2009.
[[Page 25564]]
These amendments may be found at 33 CFR 101.514, 104.115, 105.115,
106.110; 46 CR 10.113, 12.01-11, and 15.415; and 49 CFR 1572.19.
III. Regulatory Requirements
A. Administrative Procedure Act
DHS is issuing this final rule, for immediate implementation,
without providing the public prior notice and the opportunity for
comment. Sections 553(b) and (d) of the Administrative Procedure Act
(APA) (5 U.S.C. 553) authorize agencies to dispense with certain notice
procedures for rules when they find good cause to do so. Under section
553(b), the requirements of notice and opportunity for comment do not
apply when the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.''
Section 553(d) allows an agency, upon finding good cause, to make a
rule effective immediately upon publication in the Federal Register.
Providing an opportunity for prior notice and public comment on the
extensions of the compliance dates in the TWIC final rule would be
unnecessary and contrary to the public interest. As discussed above,
without the change in the full compliance date, it would not be
possible for all regulated parties to comply with the TWIC regulations.
Even if it were possible for all persons to enroll by the current
compliance date (which, as noted above, is not realistically possible),
it would not be possible for TSA to complete full security threat
assessments on all of those individuals in advance of the September 25,
2008 date.
Further, because this final rule relieves a restriction by
providing regulated entities more time to comply with the regulatory
requirements, DHS finds that this rule shall become effective
immediately upon publication of this final rule in the Federal
Register. 5 U.S.C. 553(d).
B. Executive Order 12866 (Regulatory Planning and Review)
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866. This rule, therefore, is not
subject to review by the Office of Management and Budget. We expect the
economic impact of this rule to be minimal and a full regulatory
analysis unnecessary.
This rule realigns the final compliance date for implementing TWIC.
To the extent that deadlines have changed, affected parties may incur
some TWIC-related costs later rather than sooner.
We anticipate that these changes will not substantially increase
TWIC-related compliance costs to the affected entities and in most
cases will provide advantages through deadline extensions.
C. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
We do not expect this rule to substantially increase TWIC-related
compliance costs, as it realigns a deadline. The Coast Guard and TSA
certify under 5 U.S.C. 605(b) that this final rule will not have a
significant economic impact on a substantial number of small entities.
D. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
E. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
F. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
G. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
H. Taking of Private Property
This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
I. Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
J. Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.
K. Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.
L. Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not
[[Page 25565]]
require a Statement of Energy Effects under Executive Order 13211.
M. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
N. Environment
The provisions of this rule have been analyzed under the Department
of Homeland Security (DHS) Management Directive (MD) 5100.1,
Environmental Planning Program, which is the DHS policy and procedures
for implementing the National Environmental Policy Act (NEPA), and
related Executive Orders and requirements. The changes being made by
this final rule have no effect on the environmental analysis that
accompanied the promulgation of the original TWIC final rule. That
analysis can be found at 72 FR 3576-3577.
Accordingly, there are no extraordinary circumstances presented by
this rule that would limit the use of a CATEX under MD 5100.1, Appendix
A, paragraph 3.2. The implementation of this rule, like the
implementation of the original TWIC final rule, is categorically
excluded under the following categorical exclusions (CATEX) listed in
MD 5100.1, Appendix A, Table 1: CATEX A1 (personnel, fiscal, management
and administrative activities); CATEX A3 (promulgation of rules,
issuance of rulings or interpretations); and CATEX A4 (information
gathering, data analysis and processing, information dissemination,
review, interpretation and development of documents). CATEX B3
(proposed activities and operations to be conducted in an existing
structure that would be compatible with and similar in scope to ongoing
functional uses) and CATEX B 11 (routine monitoring and surveillance
activities that support law enforcement or homeland security and
defense operations) would also be applicable.
List of Subjects
33 CFR Part 101
Harbors, Maritime security, Reporting and recordkeeping
requirements, Security measures, Vessels, Waterways.
33 CFR Part 104
Incorporation by reference, Maritime security, Reporting and
recordkeeping requirements, Security measures, Vessels.
33 CFR Part 105
Facilities, Maritime security, Reporting and recordkeeping
requirements, Security measures.
33 CFR Part 106
Facilities, Maritime security, Outer Continental Shelf, Reporting
and recordkeeping requirements, Security measures.
46 CFR Part 10
Penalties, Reporting and recordkeeping requirements, Schools,
Seamen.
46 CFR Part 12
Penalties, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 15
Reporting and recordkeeping requirements, Seamen, Vessels.
49 CFR Part 1572
Appeals, Commercial drivers license, Criminal history background
checks, Explosives, Facilities, Hazardous materials, Incorporation by
reference, Maritime security, Motor carriers, Motor vehicle carriers,
Ports, Seamen, Security measures, Security threat assessment, Vessels,
Waivers.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR parts 101, 104, 105, and 106, and 46 CFR parts 10, 12, and 15 and
the Transportation Security Administration amends 49 CFR part 1572 as
follows:
Title 33--Navigation and Navigable Waters
CHAPTER I--COAST GUARD
PART 101--MARITIME SECURITY: GENERAL
0
1. The authority citation for part 101 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191, 192; Executive Order 12656, 3 CFR 1988 Comp., p. 585; 33
CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland
Security Delegation No. 0170.1.
Sec. 101.514 [Revised]
0
2. Revise Sec. 101.514(e) by removing the date ``September 25, 2008''
and adding in its place the date ``April 15, 2009''.
PART 104--MARITIME SECURITY: VESSELS
0
3. The authority citation for part 104 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department
of Homeland Security Delegation No. 0170.1.
Sec. 104.115 [Revised]
0
4. Revise Sec. 104.115(d) by removing the date ``September 25, 2008''
and adding in its place the date ``April 15, 2009''.
PART 105--MARITIME SECURITY: FACILITIES
0
5. The authority citation for part 105 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 70103; 50 U.S.C. 191;
33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland
Security Delegation No. 0170.1.
Sec. 105.115 [Revised]
0
6. Revise Sec. 105.115(e) by removing the date ``September 25, 2008''
and adding in its place the date ``April 15, 2009''.
PART 106--MARITIME SECURITY: OUTER CONTINENTAL SHELF (OCS)
FACILITIES
0
7. The authority citation for part 106 continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department
Of Homeland Security Delegation No. 0170.1.
Sec. 106.110 [Revised]
0
8. Revise Sec. 106.110(e) by removing the date ``September 25, 2008''
and adding in its place the date ``April 15, 2009''.
Title 46--Shipping
CHAPTER I--COAST GUARD
Subchapter B--Merchant Marine Officers and Seamen
PART 10--LICENSING OF MARITIME PERSONNEL
0
9. The authority citation for part 10 continues to read as follows:
Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, and
8906; Executive Order 10173; Department of Homeland Security
Delegation No. 0170.1. Section 10.107 is also issued under the
authority of 44 U.S.C. 3507.
[[Page 25566]]
Sec. 10.113 [Revised]
0
10. Revise Sec. 10.113 by removing the date ``September 25, 2008'' and
adding in its place the date ``April 15, 2009''.
PART 12--CERTIFICATION OF SEAMEN
0
11. The authority citation for part 12 continues to read as follows:
Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301,
7302, 7503, 7505, 7701, and 70105; Department of Homeland Security
Delegation No. 0170.1.
Sec. 12.01-11 [Revised]
0
12. Revise Sec. 12.01-11 by removing the date ``September 25, 2008''
and adding in its place the date ``April 15, 2009''.
PART 15--MANNING REQUIREMENTS
0
13. The authority citation for part 15 continues to read as follows:
Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104,
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904,
8905(b), 8906, 9102, and 8103; and Department of Homeland Security
Delegation No. 0170.1.
Sec. 15.415 [Revised]
0
14. Revise Sec. 15.415 by removing the date ``September 25, 2008'' and
adding in its place the date ``April 15, 2009''.
Title 49--Transportation
CHAPTER XII--TRANSPORTATION SECURITY ADMINISTRATION
Subchapter D--Maritime and Land Transportation Security
PART 1572--CREDENTIALING AND SECURITY THREAT ASSESSMENTS
0
15. The authority citation for part 1572 continues to read as follows:
Authority: 46 U.S.C. 70105; 49 U.S.C. 114, 5103a, 40113, and
46105; 18 U.S.C. 842, 845; 6 U.S.C. 469.
Sec. 1572.19 [Revised]
0
16. Revise Sec. 1572.19(b) by removing the date ``September 25, 2008''
in the two places where it appears, and adding in each place the date
``April 15, 2009''.
Dated: May 2, 2008.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security & Stewardship.
Gale Rossides,
Deputy Administrator, Transportation Security Administration.
[FR Doc. E8-10232 Filed 5-6-08; 8:45 am]
BILLING CODE 4910-15-P
