Technical Amendment: Boarding of Vessels at CBP Ports, 70462-70464 [2014-28010]
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70462
Federal Register / Vol. 79, No. 228 / Wednesday, November 26, 2014 / Rules and Regulations
inspections required by paragraph (k) of this
AD for that part, provided that the part
number and serial number of the replacement
part is not listed in Airbus Service Bulletin
A330–32–3233, Revision 02, including
Appendix 01, dated January 27, 2014; or
Airbus Service Bulletin A340–32–4275,
Revision 01, including Appendix 01, dated
July 5, 2013; as applicable.
(m) Parts Installation Limitation
As of the effective date of this AD,
installation of an NLG main fitting or NLG
sliding tube having a part number and serial
number listed in Airbus Service Bulletin
A330–32–3233, Revision 02, including
Appendix 01, dated January 27, 2014; or
Airbus Service Bulletin A340–32–4275,
Revision 01, including Appendix 01, dated
July 5, 2013; as applicable; is allowed,
provided that the NLG main fitting and NLG
sliding tube have not accumulated more than
900 flight hours since the most recent
inspection accomplished in accordance with
the Accomplishment Instructions of Airbus
Service Bulletin A330–32–3233, Revision 02,
including Appendix 01, dated January 27,
2014; or Airbus Service Bulletin A340–32–
4275, Revision 01, including Appendix 01,
dated July 5, 2013; as applicable.
mstockstill on DSK4VPTVN1PROD with RULES
(n) Credit for Previous Actions
This paragraph provides credit for
inspections required by paragraphs (j) and (k)
of this AD and the flap peening required by
paragraph (j)(2) of this AD, if those actions
were performed before the effective date of
this AD using the applicable service
information specified in paragraph (n)(1),
(n)(2), or (n)(3) of this AD.
(1) Airbus Service Bulletin A330–32–3233,
dated October 22, 2009.
(2) Airbus Service Bulletin A330–32–3233,
Revision 01, dated July 5, 2013. This
document is not incorporated by reference in
this AD.
(3) Airbus Service Bulletin A340–32–4275,
dated October 22, 2009.
(o) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Branch, ANM–116, Transport Airplane
Directorate, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local
Flight Standards District Office, as
appropriate. If sending information directly
to the International Branch, send it to ATTN:
Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM–116, Transport
Airplane Directorate, FAA, 1601 Lind
Avenue SW., Renton, WA 98057–3356;
telephone 425–227–1138; fax 425–227–1149.
Information may be emailed to: 9-ANM-116AMOC-REQUESTS@faa.gov. Before using
any approved AMOC, notify your appropriate
principal inspector, or lacking a principal
inspector, the manager of the local flight
standards district office/certificate holding
district office. The AMOC approval letter
must specifically reference this AD.
VerDate Sep<11>2014
16:25 Nov 25, 2014
Jkt 235001
(2) Contacting the Manufacturer: As of the
effective date of this AD, for any requirement
in this AD to obtain corrective actions from
a manufacturer, the action must be
accomplished using a method approved by
the Manager, International Branch, ANM–
116, Transport Airplane Directorate, FAA; or
the European Aviation Safety Agency
(EASA); or Airbus’s EASA Design
Organization Approval (DOA). If approved by
the DOA, the approval must include the
DOA-authorized signature.
Issued in Renton, Washington, on
November 5, 2014.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
(p) Related Information
U.S. Customs and Border Protection
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) European
Aviation Safety Agency Airworthiness
Directive 2013–0179, dated August 7, 2013,
for related information. You may examine the
MCAI in the AD docket on the Internet at
https://www.regulations.gov/
#!documentDetail;D=FAA-2014-0425-0002.
(2) Service information identified in this
AD that is not incorporated by reference is
available at the addresses specified in
paragraphs (q)(5) and (q)(6) of this AD.
(q) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(3) The following service information was
approved for IBR on December 31, 2014.
(i) Airbus Service Bulletin A330–32–3233,
Revision 02, including Appendix 01, dated
January 27, 2014.
(ii) Airbus Service Bulletin A340–32–4275,
Revision 01, including Appendix 01, dated
July 5, 2013.
(4) The following service information was
approved for IBR on April 30, 2012, (77 FR
22188, April 13, 2012).
(i) Airbus Service Bulletin A330–32–3233,
dated October 22, 2009.
(ii) Airbus Service Bulletin A340–32–4275,
dated October 22, 2009.
(5) For service information identified in
this AD, contact Airbus SAS, Airworthiness
Office—EAL, 1 Rond Point Maurice Bellonte,
31707 Blagnac Cedex, France; telephone +33
5 61 93 36 96; fax +33 5 61 93 45 80; email
airworthiness.A330-A340@airbus.com;
Internet https://www.airbus.com.
(6) You may view this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(7) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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[FR Doc. 2014–27360 Filed 11–25–14; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOMELAND
SECURITY
19 CFR Part 4
[CBP Dec. 14–11]
Technical Amendment: Boarding of
Vessels at CBP Ports
U.S. Customs and Border
Protection, Department of Homeland
Security.
ACTION: Final rule; technical
amendment.
AGENCY:
This document amends the
U.S. Customs and Border Protection
(CBP) regulations to conform to U.S.
Coast Guard implementing regulations
regarding certain boardings of vessels
under the Maritime Transportation Act
of 2002, as amended (MTSA). Under
MTSA, any person boarding a vessel
arriving at a CBP port after that vessel
is taken in charge by a CBP officer must
comply with Transportation Worker
Identification Credential requirements.
This document also updates
terminology and removes obsolete
language in the relevant regulatory
section.
SUMMARY:
DATES:
Effective November 26, 2014.
FOR FURTHER INFORMATION CONTACT:
Craig Clark, Office of Field Operations,
U.S. Customs and Border Protection,
(202) 344–3052, OFO-ManifestBranch@
cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
It is the policy of U.S. Customs and
Border Protection (CBP) to periodically
review title 19 of the Code of Federal
Regulations (19 CFR) to ensure that it is
accurate and up-to-date so that the
general public is aware of CBP
requirements and procedures. As part of
this review policy, CBP has determined
that certain corrections affecting part 4
of the CBP regulations (19 CFR part 4)
are necessary.
A. Maritime Transportation Act of 2002
The Maritime Transportation Act of
2002 (MTSA), Pub. L. 107–295, 116 Stat.
2064, as amended by the Security and
Accountability for Every Port Act of
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Federal Register / Vol. 79, No. 228 / Wednesday, November 26, 2014 / Rules and Regulations
mstockstill on DSK4VPTVN1PROD with RULES
2006 (SAFE Port Act), Public Law 109–
347, 120 Stat. 1884, requires DHS to
promulgate regulations addressing
maritime security. Specifically, section
102 of the MTSA (46 U.S.C. 70105)
requires DHS to issue regulations to
prevent individuals from entering
secure areas of vessels or MTSAregulated port facilities unless such
individuals are authorized to be in the
secure areas and either hold biometric
transportation security cards issued
under section 102 or are accompanied
by another individual who holds such a
transportation security card.
B. MTSA Implementing Regulations
In 2003, DHS, through the U.S. Coast
Guard (Coast Guard), issued two rules
amending various regulations to
implement the maritime security
provisions of the MTSA.1 The MTSA
regulations set out specific requirements
for owners and operators of vessels,
facilities, and Outer Continental Shelf
facilities that are identified by the
Secretary of Homeland Security as
posing a high risk of being involved in
a transportation security incident. The
regulations require such owners and
operators to implement security
measures to ensure that a system is
established for checking the
identification of vessel and facility
personnel or other persons seeking
access to the vessel or facility. Also in
2003, the Coast Guard and
Transportation Security Administration
(TSA) were in the process of developing
the Transportation Worker
Identification Credential (TWIC), a
biometrically enabled common
credential to be used by U.S.
transportation workers requiring
unescorted access to secure areas
throughout the maritime sector.2
On January 25, 2007, DHS, through
the Coast Guard and theTSA, published
a final rule and request for comments in
the Federal Register (72 FR 3492)
establishing the regulatory requirements
implementing TWIC as mandated by the
MTSA and the SAFE Port Act. On May
7, 2008, DHS, through the Coast Guard
and TSA, published another final rule
in the Federal Register (73 FR 25562)
realigning the compliance date
established in the aforementioned rule
and requiring mariners to obtain a TWIC
no later than April 15, 2009. This rule
also established April 15, 2009, as the
final date by which owners and
1 See ‘‘Implementation of National Maritime
Security Initiatives’’ temporary interim rule, 68 FR
39240, July 1, 2003 and ‘‘Implementation of
National Maritime Security Initiatives’’ final rule,
68 FR 60448, October 22, 2003, amending 33 CFR
parts 101 and 102.
2 See Id.
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16:25 Nov 25, 2014
Jkt 235001
operators of vessels, facilities, and outer
continental shelf facilities must
implement access control procedures
utilizing TWIC. These rules amended
the Coast Guard regulations regarding
vessel and facility security to
incorporate the TWIC requirements as
an access control measure. See 33 CFR
101.105 and 101.514. These sections
include a definition of TWIC and other
relevant terms, the requirements for
unescorted access to a vessel or facility,
and the requirements for persons
requiring escorted access to a vessel or
facility.
Coast Guard regulations also provide
that an individual not in possession of
a TWIC must present personal
identification in order to gain entry to
a Coast Guard-regulated vessel or
facility.3 The personal identification
must, at a minimum, meet the following
requirements: (1) Be laminated or
otherwise secure against tampering; (2)
contain the individual’s full name; (3)
contain a photo that accurately depicts
the individual’s current facial
appearance; and (4) bear the name of the
issuing authority.4 Additionally, the
individual must be under escort while
inside a secure area.
C. Explanation of Amendments
CBP has determined that the MTSA
and the implementing regulations, as
discussed above, require conforming
technical corrections to 19 CFR 4.1.
Current § 4.1 prescribes the procedures
regarding the boarding of vessels
arriving at a CBP port and permits the
CBP port director to grant unescorted
access to these vessels to certain
unscreened parties. Section 4.1(c)
allows a port director to use his or her
discretion to issue passes (referred to as
cutter passes) on ‘‘Customs Form 3093’’
to allow certain persons to board
incoming vessels. Section 4.1(f) allows a
port director to use his or her discretion
to issue term cutter and dock passes to
persons on official business and certain
news reporters and newspaper
photographers for a period not to exceed
one year. These provisions, which allow
unescorted access to these vessels
contradict the maritime security
measures for access control required by
the MTSA, the SAFE Port Act, and the
implementing Coast Guard regulations
mentioned above. In fact, CBP has not
used Customs Form 3093 or issued
cutter and dock passes for many years.
Rather, CBP determines vessel access
according to the applicable Coast Guard
regulations. This technical correction
updates the CBP regulations to conform
3 See
4 See
PO 00000
33 CFR 101.515.
33 CFR 101.515.
Frm 00037
Fmt 4700
Sfmt 4700
70463
to the current requirements and updates
outdated terminology.
Specifically, CBP is amending 19 CFR
4.1 by:
(1) Removing the obsolete reference to
cutter and dock passes from the section
heading;
(2) Revising the entire section to
reflect that ‘‘Customs’’ is now known as
‘‘CBP’’;
(3) Amending paragraph (c) by
removing the obsolete language
regarding cutter passes and Customs
Form 3093 and by revising the
paragraph to cross-reference the relevant
Coast Guard regulations;
(4) Deleting the previously reserved
paragraph (e); and
(5) Deleting the obsolete paragraph (f).
CBP is also abolishing the Customs
Form 3093.
II. Statutory and Regulatory
Requirements
A. Inapplicability of Notice and Delayed
Effective Date Requirements
Because the technical corrections set
forth in this document merely conform
the regulatory text to existing law and
update terminology, this document
neither imposes additional burdens on
nor takes away any existing rights or
privileges from the public. Therefore,
CBP finds that good cause exists for
dispensing with notice and public
procedure as unnecessary under 5
U.S.C. 553(b)(B). For this same reason,
pursuant to 5 U.S.C. 553(d)(3), CBP
finds that good cause exists for
dispensing with the requirement for a
delayed effective date.
B. Regulatory Flexibility Act
Because this document is not subject
to the notice and public procedure
requirements of 5 U.S.C. 553, it is not
subject to the provisions of the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.).
C. Executive Orders 12866 and 13563
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, as supplemented
by Executive Order 13563. The change
is intended to remove obsolete
discretionary provisions from the
regulations to conform to existing law
and update terminology. There are no
new costs to the public associated with
this rule. Accordingly, this rule has not
been reviewed by the Office of
Management and Budget.
D. Signing Authority
The signing authority for this
document falls under 19 CFR 0.2(a)
because the Secretary of Homeland
E:\FR\FM\26NOR1.SGM
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70464
Federal Register / Vol. 79, No. 228 / Wednesday, November 26, 2014 / Rules and Regulations
Security has authority to regulate the
boarding of vessels. The Secretary of
Homeland Security has designated the
Commissioner of U.S. Customs and
Border Protection as the signatory on
this technical amendment.
DEPARTMENT OF THE TREASURY
List of Subjects in 19 CFR Part 4
RIN 1545–BL91
Customs duties and inspection,
Exports, Freight, Harbors, Maritime
carriers, Reporting and recordkeeping
requirements, Vessels.
Minimum Essential Coverage and
Other Rules Regarding the Shared
Responsibility Payment for Individuals
For the reasons stated in the
preamble, part 4 of title 19 of the Code
of Federal Regulations is amended as set
forth below:
PART 4—VESSELS IN FOREIGN AND
DOMESTIC TRADES
1. The general authority citation for
part 4 continues and the specific
authority citation for § 4.1 is revised to
read as follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 66,
1431, 1433, 1434, 1624, 2071 note; 46 U.S.C.
70105.
Section 4.1 also issued under 19 U.S.C.
1581(a); 46 U.S.C. 60101; 46 U.S.C. 70105.
*
*
*
*
2. Section 4.1 is amended as follows:
■ a. Revise the section heading;
■ b. Amend paragraphs (a) and (b) by
removing the word ‘‘Customs’’ and
adding in its place ‘‘CBP’’, except where
the word ‘‘Customs’’ is followed by the
word ‘‘territory’’ or ‘‘formality’’, and
where the word ‘‘Customs’’ is followed
by the word ‘‘territory’’ or ‘‘formality’’,
removing the word ‘‘Customs’’ and
adding in its place ‘‘customs’’;
■ c. Revise paragraph (c); and
■ d. Remove paragraphs (e) and (f).
The revision reads as follows:
■
§ 4.1
Boarding of vessels.
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
(c) Persons seeking to board an
incoming vessel after it has been
inspected by the quarantine authorities
and taken in charge by a CBP officer
must comply with any applicable Coast
Guard regulations regarding the
Transportation Worker Identification
Credential (TWIC)/personal
identification requirements as
prescribed in 33 CFR 101.105 and
101.514–515.
*
*
*
*
*
Dated: November 20, 2014.
R. Gil Kerlikowske,
Commissioner.
[FR Doc. 2014–28010 Filed 11–25–14; 8:45 am]
BILLING CODE 9111–14–P
VerDate Sep<11>2014
16:25 Nov 25, 2014
26 CFR Part 1
[TD 9705]
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
Amendments to Regulations
*
Internal Revenue Service
Jkt 235001
This document contains final
regulations relating to the requirement
to maintain minimum essential coverage
enacted by the Patient Protection and
Affordable Care Act and the Health Care
and Education Reconciliation Act of
2010, as amended by the TRICARE
Affirmation Act and Public Law 111–
173 (collectively, the Affordable Care
Act). These final regulations provide
individual taxpayers with guidance
under section 5000A of the Internal
Revenue Code on the requirement to
maintain minimum essential coverage
and rules governing certain types of
exemptions from that requirement.
DATES: Effective Date: These regulations
are effective on November 26, 2014.
Applicability Date: For date of
applicability, see § 1.5000A–5(c).
FOR FURTHER INFORMATION CONTACT: SueJean Kim or John B. Lovelace at (202)
317–7006 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This document contains final
regulations that amend the Income Tax
Regulations (26 CFR part 1) under
section 5000A relating to the individual
shared responsibility provision. Section
5000A was enacted by the Affordable
Care Act. Section 5000A generally
requires individuals to have qualifying
health care coverage (called minimum
essential coverage), qualify for a health
coverage exemption, or make a shared
responsibility payment when filing a
Federal income tax return. On January
27, 2014, a notice of proposed
rulemaking (REG–141036–13) was
published in the Federal Register (79
FR 4302).
Written comments responding to the
notice of proposed rulemaking of
January 27, 2014, were received. The
comments are available for public
inspection at www.regulations.gov or on
request. No public hearing was
requested or held. After considering all
the comments, the proposed regulations
are adopted as revised by this Treasury
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
decision. The comments and revisions
are discussed in the preamble.
As described in the Summary of
Comments and Explanation of
Revisions, in related guidance, Notice
2014–76, 2014–50 IRB (available at
www.irs.gov) (see § 601.601(d)), the
Treasury Department and the IRS
provide a comprehensive list of the
hardship exemptions that may be
claimed for 2014 on a Federal income
tax return without obtaining a hardship
exemption certification from a Health
Insurance Marketplace (Marketplace).
Summary of Comments and
Explanation of Revisions
I. Minimum Essential Coverage
A. Coverage for the Medically Needy
The proposed regulations provide that
certain categories of Medicaid coverage
authorized under Title XIX of the Social
Security Act (42 U.S.C. 1396 and
following sections) that are not required
to be comprehensive are not generally
government-sponsored minimum
essential coverage under section
5000A(f)(1). Specifically, under the
proposed regulations, coverage offered
to individuals with high medical
expenses who would be eligible for
Medicaid but for their income level
(medically needy individuals) (see
section 1902(a)(10)(C) of the Social
Security Act (42 U.S.C. 1936a(a)(10)(C)))
generally is not minimum essential
coverage. Commenters agreed that
Medicaid coverage for medically needy
individuals that is not comprehensive
should not be minimum essential
coverage. The final regulations retain
the rule in proposed regulations that
Medicaid coverage for medically needy
individuals is not governmentsponsored minimum essential coverage
under section 5000A(f)(1)(A).
The preamble to the proposed
regulations explains that although
Medicaid coverage offered to medically
needy individuals generally is not
minimum essential coverage, the
Secretary of Health and Human
Services, in coordination with the
Secretary of the Treasury, may in
appropriate circumstances designate
certain coverage for medically needy
individuals as minimum essential
coverage pursuant to section
5000A(f)(1)(E). Some commenters
suggested that the determination of
whether a particular state’s program for
medically needy individuals is
comprehensive, and therefore should be
recognized as minimum essential
coverage, should be based on whether
the program offers the essential health
benefits required by the Affordable Care
Act for coverage in the individual and
E:\FR\FM\26NOR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Rules and Regulations]
[Pages 70462-70464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28010]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 4
[CBP Dec. 14-11]
Technical Amendment: Boarding of Vessels at CBP Ports
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: This document amends the U.S. Customs and Border Protection
(CBP) regulations to conform to U.S. Coast Guard implementing
regulations regarding certain boardings of vessels under the Maritime
Transportation Act of 2002, as amended (MTSA). Under MTSA, any person
boarding a vessel arriving at a CBP port after that vessel is taken in
charge by a CBP officer must comply with Transportation Worker
Identification Credential requirements. This document also updates
terminology and removes obsolete language in the relevant regulatory
section.
DATES: Effective November 26, 2014.
FOR FURTHER INFORMATION CONTACT: Craig Clark, Office of Field
Operations, U.S. Customs and Border Protection, (202) 344-3052, OFO-ManifestBranch@cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
It is the policy of U.S. Customs and Border Protection (CBP) to
periodically review title 19 of the Code of Federal Regulations (19
CFR) to ensure that it is accurate and up-to-date so that the general
public is aware of CBP requirements and procedures. As part of this
review policy, CBP has determined that certain corrections affecting
part 4 of the CBP regulations (19 CFR part 4) are necessary.
A. Maritime Transportation Act of 2002
The Maritime Transportation Act of 2002 (MTSA), Pub. L. 107-295,
116 Stat. 2064, as amended by the Security and Accountability for Every
Port Act of
[[Page 70463]]
2006 (SAFE Port Act), Public Law 109-347, 120 Stat. 1884, requires DHS
to promulgate regulations addressing maritime security. Specifically,
section 102 of the MTSA (46 U.S.C. 70105) requires DHS to issue
regulations to prevent individuals from entering secure areas of
vessels or MTSA-regulated port facilities unless such individuals are
authorized to be in the secure areas and either hold biometric
transportation security cards issued under section 102 or are
accompanied by another individual who holds such a transportation
security card.
B. MTSA Implementing Regulations
In 2003, DHS, through the U.S. Coast Guard (Coast Guard), issued
two rules amending various regulations to implement the maritime
security provisions of the MTSA.\1\ The MTSA regulations set out
specific requirements for owners and operators of vessels, facilities,
and Outer Continental Shelf facilities that are identified by the
Secretary of Homeland Security as posing a high risk of being involved
in a transportation security incident. The regulations require such
owners and operators to implement security measures to ensure that a
system is established for checking the identification of vessel and
facility personnel or other persons seeking access to the vessel or
facility. Also in 2003, the Coast Guard and Transportation Security
Administration (TSA) were in the process of developing the
Transportation Worker Identification Credential (TWIC), a biometrically
enabled common credential to be used by U.S. transportation workers
requiring unescorted access to secure areas throughout the maritime
sector.\2\
---------------------------------------------------------------------------
\1\ See ``Implementation of National Maritime Security
Initiatives'' temporary interim rule, 68 FR 39240, July 1, 2003 and
``Implementation of National Maritime Security Initiatives'' final
rule, 68 FR 60448, October 22, 2003, amending 33 CFR parts 101 and
102.
\2\ See Id.
---------------------------------------------------------------------------
On January 25, 2007, DHS, through the Coast Guard and theTSA,
published a final rule and request for comments in the Federal Register
(72 FR 3492) establishing the regulatory requirements implementing TWIC
as mandated by the MTSA and the SAFE Port Act. On May 7, 2008, DHS,
through the Coast Guard and TSA, published another final rule in the
Federal Register (73 FR 25562) realigning the compliance date
established in the aforementioned rule and requiring mariners to obtain
a TWIC no later than April 15, 2009. This rule also established April
15, 2009, as the final date by which owners and operators of vessels,
facilities, and outer continental shelf facilities must implement
access control procedures utilizing TWIC. These rules amended the Coast
Guard regulations regarding vessel and facility security to incorporate
the TWIC requirements as an access control measure. See 33 CFR 101.105
and 101.514. These sections include a definition of TWIC and other
relevant terms, the requirements for unescorted access to a vessel or
facility, and the requirements for persons requiring escorted access to
a vessel or facility.
Coast Guard regulations also provide that an individual not in
possession of a TWIC must present personal identification in order to
gain entry to a Coast Guard-regulated vessel or facility.\3\ The
personal identification must, at a minimum, meet the following
requirements: (1) Be laminated or otherwise secure against tampering;
(2) contain the individual's full name; (3) contain a photo that
accurately depicts the individual's current facial appearance; and (4)
bear the name of the issuing authority.\4\ Additionally, the individual
must be under escort while inside a secure area.
---------------------------------------------------------------------------
\3\ See 33 CFR 101.515.
\4\ See 33 CFR 101.515.
---------------------------------------------------------------------------
C. Explanation of Amendments
CBP has determined that the MTSA and the implementing regulations,
as discussed above, require conforming technical corrections to 19 CFR
4.1. Current Sec. 4.1 prescribes the procedures regarding the boarding
of vessels arriving at a CBP port and permits the CBP port director to
grant unescorted access to these vessels to certain unscreened parties.
Section 4.1(c) allows a port director to use his or her discretion to
issue passes (referred to as cutter passes) on ``Customs Form 3093'' to
allow certain persons to board incoming vessels. Section 4.1(f) allows
a port director to use his or her discretion to issue term cutter and
dock passes to persons on official business and certain news reporters
and newspaper photographers for a period not to exceed one year. These
provisions, which allow unescorted access to these vessels contradict
the maritime security measures for access control required by the MTSA,
the SAFE Port Act, and the implementing Coast Guard regulations
mentioned above. In fact, CBP has not used Customs Form 3093 or issued
cutter and dock passes for many years. Rather, CBP determines vessel
access according to the applicable Coast Guard regulations. This
technical correction updates the CBP regulations to conform to the
current requirements and updates outdated terminology.
Specifically, CBP is amending 19 CFR 4.1 by:
(1) Removing the obsolete reference to cutter and dock passes from
the section heading;
(2) Revising the entire section to reflect that ``Customs'' is now
known as ``CBP'';
(3) Amending paragraph (c) by removing the obsolete language
regarding cutter passes and Customs Form 3093 and by revising the
paragraph to cross-reference the relevant Coast Guard regulations;
(4) Deleting the previously reserved paragraph (e); and
(5) Deleting the obsolete paragraph (f).
CBP is also abolishing the Customs Form 3093.
II. Statutory and Regulatory Requirements
A. Inapplicability of Notice and Delayed Effective Date Requirements
Because the technical corrections set forth in this document merely
conform the regulatory text to existing law and update terminology,
this document neither imposes additional burdens on nor takes away any
existing rights or privileges from the public. Therefore, CBP finds
that good cause exists for dispensing with notice and public procedure
as unnecessary under 5 U.S.C. 553(b)(B). For this same reason, pursuant
to 5 U.S.C. 553(d)(3), CBP finds that good cause exists for dispensing
with the requirement for a delayed effective date.
B. Regulatory Flexibility Act
Because this document is not subject to the notice and public
procedure requirements of 5 U.S.C. 553, it is not subject to the
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
C. Executive Orders 12866 and 13563
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563. The change is intended to remove
obsolete discretionary provisions from the regulations to conform to
existing law and update terminology. There are no new costs to the
public associated with this rule. Accordingly, this rule has not been
reviewed by the Office of Management and Budget.
D. Signing Authority
The signing authority for this document falls under 19 CFR 0.2(a)
because the Secretary of Homeland
[[Page 70464]]
Security has authority to regulate the boarding of vessels. The
Secretary of Homeland Security has designated the Commissioner of U.S.
Customs and Border Protection as the signatory on this technical
amendment.
List of Subjects in 19 CFR Part 4
Customs duties and inspection, Exports, Freight, Harbors, Maritime
carriers, Reporting and recordkeeping requirements, Vessels.
Amendments to Regulations
For the reasons stated in the preamble, part 4 of title 19 of the
Code of Federal Regulations is amended as set forth below:
PART 4--VESSELS IN FOREIGN AND DOMESTIC TRADES
0
1. The general authority citation for part 4 continues and the specific
authority citation for Sec. 4.1 is revised to read as follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1431, 1433, 1434, 1624,
2071 note; 46 U.S.C. 70105.
Section 4.1 also issued under 19 U.S.C. 1581(a); 46 U.S.C.
60101; 46 U.S.C. 70105.
* * * * *
0
2. Section 4.1 is amended as follows:
0
a. Revise the section heading;
0
b. Amend paragraphs (a) and (b) by removing the word ``Customs'' and
adding in its place ``CBP'', except where the word ``Customs'' is
followed by the word ``territory'' or ``formality'', and where the word
``Customs'' is followed by the word ``territory'' or ``formality'',
removing the word ``Customs'' and adding in its place ``customs'';
0
c. Revise paragraph (c); and
0
d. Remove paragraphs (e) and (f).
The revision reads as follows:
Sec. 4.1 Boarding of vessels.
* * * * *
(c) Persons seeking to board an incoming vessel after it has been
inspected by the quarantine authorities and taken in charge by a CBP
officer must comply with any applicable Coast Guard regulations
regarding the Transportation Worker Identification Credential (TWIC)/
personal identification requirements as prescribed in 33 CFR 101.105
and 101.514-515.
* * * * *
Dated: November 20, 2014.
R. Gil Kerlikowske,
Commissioner.
[FR Doc. 2014-28010 Filed 11-25-14; 8:45 am]
BILLING CODE 9111-14-P
