[Federal Register Volume 79, Number 228 (Wednesday, November 26, 2014)]
[Rules and Regulations]
[Pages 70462-70464]
From the Federal Register Online via the Government Publishing 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.
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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, [email protected].
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\
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\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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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.
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\3\ See 33 CFR 101.515.
\4\ See 33 CFR 101.515.
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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
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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]
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