Technical Amendment: Boarding of Vessels at CBP Ports, 70462-70464 [2014-28010]

Download as PDF 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 http://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 http://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: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 [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 E:\FR\FM\26NOR1.SGM 26NOR1 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. VerDate Sep<11>2014 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 26NOR1 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 26NOR1

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]


=======================================================================
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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