|
A Cryptome DVD is offered by Cryptome. Donate $25 for a DVD of the Cryptome 11.5-years archives of 43,000 files from June 1996 to January 2008 (~4.5 GB). Click Paypal or mail check/MO made out to John Young, 251 West 89th Street, New York, NY 10024. Archives include all files of cryptome.org, jya.com, cartome.org, eyeball-series.org and iraq-kill-maim.org. Cryptome offers with the Cryptome DVD an INSCOM DVD of about 18,000 pages of counter-intelligence dossiers declassified by the US Army Information and Security Command, dating from 1945 to 1985. No additional contribution required -- $25 for both. The DVDs will be sent anywhere worldwide without extra cost. |
14 May 2008
[Federal Register: May 14, 2008 (Volume 73, Number 94)]
[Proposed Rules]
[Page 27778-27783]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14my08-24]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 160
[USCG-2007-28648]
RIN 1625-AB19
Crewmember Identification Documents
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to require each crewmember on a
foreign commercial vessel en route to a U.S. port or place of
destination or at a U.S. port or place, or on a U.S. commercial vessel
coming from a foreign port or place of departure to a U.S. port or
place of destination, to carry and present upon demand an acceptable
identification when in U.S. navigable waters. The vessel operator would
also be required to ensure that crewmembers comply with this
requirement. This proposed rule would implement a Maritime
Transportation Security Act mandate and help ensure that we can
authoritatively identify crewmembers on vessels in U.S. waters.
DATES: Comments and related material must reach the Docket Management
Facility on or before July 14, 2008. Comments sent to the Office of
Management and Budget (OMB) on collection of information must reach OMB
on or before July 14, 2008.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2007-28648 to the Docket Management Facility at the U.S.
Department of Transportation. To avoid duplication, please use only one
of the following methods:
(1) Online: http://www.regulations.gov.
(2) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(3) Hand delivery: Room W12-140 on the Ground Floor of the West
Building, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. The
telephone number is 202-366-9329.
(4) Fax: 202-493-2251.
You must also send comments on collection of information to the
Office of Information and Regulatory Affairs, Office of Management and
Budget. To ensure that the comments are received on time, the preferred
method is by e-mail at oira_submission@omb.eop.gov or fax at 202-395-
6566. An alternate, though slower, method is by U.S. mail to the Office
of Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, ATTN: Desk Officer, U.S.
Coast Guard.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, contact either Lieutenant Commander Derek A. D'Orazio, U.S. Coast
Guard Office of Operating and Environmental Standards, telephone 202-
372-1405 and e-mail address derek.a.dorazio@uscg.mil, or Lieutenant
Commander Jonathan H. Maiorine, U.S. Coast Guard Office of Port and
Facility Activities, telephone 202-372-1133 and e-mail address
jonathan.h.maiorine@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Ms. Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Table of Abbreviations
III. Background and Purpose
IV. Discussion of Proposed Rule
V. Regulatory Evaluation
A. Executive Order 12866
B. Small Entities
C. Collection of Information
D. Federalism
E. Unfunded Mandates Reform Act
F. Taking of Private Property
G. Civil Justice Reform
H. Protection of Children
I. Indian Tribal Governments
J. Energy Effects
K. Technical Standards
L. Environment
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided. We have an agreement with the
Department of Transportation (DOT) to use the Docket Management
Facility. Please see DOT's ``Privacy Act'' paragraph below.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking as USCG-2007-28648, indicate the specific section of this
[[Page 27779]]
document to which each comment applies, and give the reason for each
comment. We recommend that you include your name, mailing address, and
an e-mail address or other contact information in the body of your
document so that we can contact you if we have questions regarding your
submission. You may submit your comments and material by electronic
means, mail, fax, or delivery to the Docket Management Facility at the
address under ADDRESSES, but please submit your comments and material
by only one means. If you submit them by mail or delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit them by mail and would
like to know that they reached the Facility, please enclose a stamped,
self-addressed postcard or envelope. We will consider all comments and
material received during the comment period. We may change this
proposed rule in view of them.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov at
any time, click on ``Search for Dockets,'' and enter the docket number
for this rulemaking (``USCG-2007-28648'') in the Docket ID box, and
click enter. You may also visit the Docket Management Facility in Room
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
C. Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review the Department of
Transportation's Privacy Act Statement in the Federal Register
published on April 11, 2000 (65 FR 19477), or you may visit http://
DocketsInfo.dot.gov.
D. Public Meeting
We do not currently plan to hold a public meeting, but you may
submit a request for one to the Docket Management Facility at the
address under ADDRESSES explaining why one would be beneficial. If we
determine one would aid this rulemaking, we will hold one at a time and
place announced by a later notice in the Federal Register.
II. Table of Abbreviations
CBP U.S. Customs and Border Protection
CFR Code of Federal Regulations
DOT Department of Transportation
FR Federal Register
ILO International Labour Organization
INA Immigration and Naturalization Act
IMO International Maritime Organization
MMC Merchant Mariner Credential
MMD Merchant Mariner's Document
MTSA Maritime Transportation Security Act
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
PWSA Ports and Waterways Safety Act
SID Seafarer's Identification Document
TSA Transportation Security Administration
TWIC Transportation Worker Identification Credential
USC United States Code
III. Background and Purpose
In the Maritime Transportation Security Act of 2002 (MTSA),
Congress directed the Secretary of the Department in which the Coast
Guard is operating to require all crewmembers on vessels calling at
U.S. ports to carry and present on demand any identification the
Secretary decides is necessary. The Act also directed the Secretary to
develop forms and processes for the identification and verification of
crewmembers. Sec. 102 of Public Law 107-295, 116 Stat. 2064, 2080-81.
In section 103 of the MTSA, Congress indicated the objective of
requiring crewmember identification is to be able to establish
authoritatively, the identity of any seafarer aboard a vessel within
U.S. jurisdiction, including U.S. territorial waters. 116 Stat. 2084,
and 46 U.S.C. 70111, note.
Congress directed the Secretary to consult with the Attorney
General and Secretary of State when developing these crewmember
identification requirements. 46 U.S.C. 70111. The Secretary of the
Department of Homeland Security delegated this rulemaking authority to
the Commandant of the Coast Guard and directed the Commandant to
develop these requirements in cooperation with U.S. Customs and Border
Protection (CBP) and the Transportation Security Administration (TSA).
Section 2(97)(g) of DHS Delegation No. 0170.1, Delegation to the
Commandant of the U.S. Coast Guard. A copy of this delegation is
available in the docket. Accordingly, we have collaborated with CBP and
TSA and we have consulted with the Attorney General and Secretary of
State in the development of this proposed rule.
On October 13, 2006, Congress revised 46 U.S.C. 70111 through the
Security and Accountability for Every Port Act of 2006 (SAFE Port Act)
and established a deadline for these requirements to be in place not
later than October 13, 2007. Sec. 110 of Public Law 109-347, 120 Stat.
1891, 1893. Therefore, in this proposed rule, the Coast Guard seeks to
fulfill Congress' mandate to require that crewmembers on vessels
calling at U.S. ports must carry and present on demand an
identification that allows the identity of crewmembers to be
authoritatively validated.
IV. Discussion of Proposed Rule
The Coast Guard proposes to add a new subpart to the regulations in
33 CFR part 160 for ports and waterways safety. This new subpart,
subpart D, would apply to the following vessels calling at a port or
place of destination in the navigable waters of the United States:
Each foreign commercial vessel, and
Each U.S. commercial vessel coming from a foreign port or
place of departure.
In this proposed rule, we have included a force majeure exception
for vessels that had not planned to visit a U.S. port or place, but are
forced to do so because of unforeseen factors such as severe weather
conditions. Vessels engaged in innocent passage through U.S. navigable
waters do not require an exception because they would not be en route
to a U.S. port or place of destination and therefore would not be
subject to this proposed rule. Likewise, public vessels not engaged in
commercial service would not be subject to this proposed rule.
Under the requirements in new subpart D, each crewmember on a
vessel to which this proposed rule would apply would be required to
carry and present on demand an acceptable identification when the
vessel is in the navigable waters of the United States. The term
``navigable waters of the United States'' is defined in 33 CFR 2.36(a).
The operator of the vessel would be responsible for ensuring
crewmembers comply with this requirement. We understand that
crewmembers commonly secure their identification and other important
documents on the vessel, typically with the master, and we consider
this practice consistent with the requirements of this proposed rule if
the identification is aboard and can be presented upon demand.
Congress gave the Secretary discretion to determine what crewmember
identification is necessary. In carrying out Congress's mandate, the
Coast
[[Page 27780]]
Guard considered the types of identification normally available and
carried by crewmembers, recent developments such as the Transportation
Worker Identification Credential (TWIC) final rule (72 FR 3492, January
25, 2007), and existing regulations for the landing of alien crewmen in
8 CFR part 252. This proposed rule aligns with current practices for
verifying the identification of crewmembers on vessels calling at U.S.
ports and meets our goal to improve maritime security while minimizing
the burden placed on crewmembers and operators.
Compliance with the requirements of this proposed rule would not
relieve vessel crewmembers and operators of any requirements under the
Immigration and Nationality Act (INA) (66 Stat. 163, 8 U.S.C. 1101 et
seq.), or INA implementing regulations. Likewise, compliance with
existing INA requirements would not relieve vessel crewmembers and
operators of their requirements under this proposed regulation.
We do not plan to institute a new enforcement program whereby Coast
Guard personnel would routinely duplicate the efforts of CBP personnel,
who already verify the identification of crewmembers on foreign and
U.S. commercial vessels under existing regulations and policies. We
would, however, rely on these proposed regulations to improve maritime
domain awareness and control vessel and crewmember movement when
warranted under our maritime security and law enforcement
responsibilities. After considering the characteristics of
identification accepted by CBP, existing types of identification
required by other Coast Guard and DHS regulations, and applicable
international conventions, we determined the following identifications
to be acceptable means to authoritatively identify crewmembers:
A passport;
A U.S. Permanent Resident Card;
A U.S. Merchant Mariner's Document (MMD) issued by the
U.S. Coast Guard;
A Transportation Worker Identification Credential (TWIC)
issued by TSA under their credentialing and security threat assessments
regulations in 49 CFR part 1572; and
A Seafarer's Identification Document (SID) issued by or
under the authority of the government of a country that has ratified
the International Labour Organization Seafarers' Identity Documents
Convention (Revised), 2003 (ILO 185), meeting all the requirements of
ILO 185.
We chose the passport, U.S. Permanent Resident Card, MMD and TWIC,
in addition to the SID, to authoritatively identify crewmembers because
these documents have certain characteristics we have determined are
necessary to ensure verifiable, uniform and reliable identification.
The SID is the international standard for the desired
characteristics of a seafarer's identification. The current SID was
developed by the International Labour Organization (ILO) (to find out
more about ILO, visit http://www.ILO.org) and was adopted by that
organization on June 19, 2003. ILO undertook updating the Seafarers'
Identity Document Convention, 1958 (No. 108), partly at the
International Maritime Organization's (IMO) request, as a means of
improving global maritime security through tighter controls on
crewmember identification (to find out more about IMO, visit http://
www.IMO.org). See IMO resolution titled, ``Enhancement of Security in
Co-operation with the International Labour Organization'' which was
adopted by the IMO Diplomatic Conference on Maritime Security as
Resolution 8 on December 12, 2002.
Under Article 3 of the updated Seafarers' Identity Documents
Convention (No. 185) (ILO 185), the SID must include the following
characteristics:
The identification must be designed in a simple manner, be
made of durable material, with special regard to conditions at sea and
be machine-readable. The materials used must:
(a) prevent tampering with the identification or falsification, as
far as possible, and enable easy detection of alterations; and
(b) be generally accessible to governments at the lowest cost
consistent with reliably achieving the purpose set out in (a) above.
The identification must be no larger than a normal
passport.
The identification must contain the name of the issuing
authority, indications enabling rapid contact with that authority, the
date and place of issue of the document.
Particulars about the holder included in the seafarer's
identity document shall be restricted to the following:
(a) full name (first and last names where applicable);
(b) gender;
(c) date and place of birth;
(d) nationality;
(e) any special physical characteristics that may assist
identification;
(f) digital or original photograph;
(g) signature; and
The identification must have a biometric feature.
While the characteristics of the passport, MMD, U.S. Permanent
Resident Card and TWIC are not identical to the SID, they all share
some of the same essential characteristics as the SID:
Issued under government authority, indicated on the
document;
Made of tamper resistant materials with appropriate
security features;
Contains a photograph of the individual;
Shows the full name and date of birth of the individual;
Contains the date of issuance and the expiration date;
Contains a unique and traceable number that can be
verified.
Furthermore, we have determined that, like the SID, the underlying
government systems supporting the passport, MMD, U.S. Permanent
Resident Card and TWIC are reliable, secure and promote ready
verification. Our proposed approach is consistent with current
practices of accepting for crewmember identification purposes documents
that are not strictly seafarer documents, such as a passport reported
on a notice of arrival.
Using the SID as a reference is also consistent with our
longstanding practice of harmonizing, where appropriate, U.S. safety,
security and environmental regulations with international standards. By
doing so, we improve opportunities for U.S. industries in the global
marketplace and reinforce the partnerships we enjoy with international
and domestic industry and intergovernmental groups while working
towards common goals.
With regard to the MMD, the Coast Guard has proposed in a separate
rulemaking entitled ``Consolidation of Merchant Mariner Qualification
Credentials'' (RIN 1625-AB02) that over a 5-year period, starting
August 2008, it would replace the MMD with a Merchant Mariner
Credential (MMC). 72 FR 3605, 3607, January 25, 2007. If an MMC
effective rule is issued in that rulemaking before we issue an
effective rule in this crewmember identification rulemaking, we propose
to change the crewmember identification final rule by including the MMC
in our 33 CFR 160.310 definition of ``acceptable identification.'' The
MMC would be an addition to the list and would not be an immediate
replacement of the MMD. We invite your comments on this proposed
conditional inclusion of the MMC as an acceptable identification.
We expect that nearly all U.S. crewmembers on vessels impacted by
this proposed rule possess an acceptable
[[Page 27781]]
identification because, under 46 U.S.C. 8701, every crewmember on
almost every seagoing vessel of at least 100 GRT must have an MMD. We
expect that nearly all foreign crewmembers carry a passport because,
under the INA and implementing DHS regulations in 8 CFR 252.1(d), a
passport is required for shore leave.
In addition, under Coast Guard notice of arrival regulations, most
operators subject to this proposed rule are already required to submit
passport or mariner's document information for all crewmembers on the
vessel. 33 CFR part 160, subpart C. Thus, we anticipate that very few
mariners, U.S. or foreign, would be required to obtain a new
identification to meet the requirements of this proposed rule.
This approach would not require the United States to ratify ILO 185
because we are not attaching shore leave to the SID we propose to
accept for purposes of this rule. Instead, the SID would be one type of
identification that would satisfy the requirements of 46 U.S.C. 70111
and new 33 CFR part 160, subpart D. The SID will not, by virtue of this
rule, confer any shore leave or admission status on the holder. The
U.S. Government continues to require a passport and visa for shore
leave, unless the crewmember is exempt. 8 U.S.C. 1181, 1185, 8 CFR
212.1, 8 CFR part 252, 33 CFR parts 41 and 53.
To ensure vessel control options if a crewmember's identification
is not acceptable or the identification is not presented on demand, we
also propose to require the vessel operator to ensure that all
crewmembers on the vessel have an acceptable identification by the time
the vessel enters U.S. navigable waters. This would be enforceable
under the authority of MTSA 2002, 46 U.S.C. Chapter 701, and the Ports
and Waterways Safety Act (PWSA), 33 U.S.C. Chapter 25.
V. Regulatory Evaluation
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analysis based on 13 of these statutes or executive orders.
A. Executive Order 12866
This proposed rule is not a ``significant regulatory action'' under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and it does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
We expect nearly every crewmember, U.S. and foreign, already
possesses an acceptable identification. The characteristics of the
acceptable identifications in this proposed rule are consistent with
current identifications accepted by the Coast Guard and CBP to identify
crewmembers. In addition, we expect that all crewmembers carry their
identification with them and that vessel operators examine the
identification because carriers are required under 19 CFR 4.7b(d) and
4.64(d) to view these documents when preparing crew manifests, and
because vessel operators are required to record the document number on
the notice of approval under 33 CFR 160.206.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this proposed 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.
Although the proposed rule requires vessel operators to ensure that
all crewmembers on the vessel have acceptable identification, we expect
that vessel operators already look for an acceptable identification
from each crewmember in order to record the document number on the
notice of arrival. Otherwise, the burdens proposed by this rule fall on
crewmembers and not on ``small entities'' as that term in defined in
the Regulatory Flexibility Act. Therefore, the Coast Guard certifies
under 5 U.S.C. 605(b) that this proposed rule would not have a
significant economic impact on a substantial number of small entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment to the
Docket Management Facility at the address under ADDRESSES. In your
comment, explain why you think it qualifies and how and to what degree
this rule would economically affect it.
C. Collection of Information
This proposed rule would call for a new collection of information
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). As
defined in 5 CFR 1320.3(c), ``collection of information'' comprises
reporting, recordkeeping, monitoring, posting, labeling, and other,
similar actions. The title and description of the information
collections, a description of those who must collect the information,
and an estimate of the total annual burden follow. The estimate covers
the time for reviewing instructions, searching existing sources of
data, gathering and maintaining the data needed, and completing and
reviewing the collection.
Title: Crewmember Identification Documents.
Summary of the Collection of Information: This collection of
information comprises the recordkeeping necessary to possess, present
on demand, and ensure compliance with requirements for identification
of crewmembers on foreign and U.S. vessels in navigable waters of the
United States.
Need for Information: In the MTSA, Congress directed the Secretary
of the Department in which the Coast Guard is operating to require all
crewmembers on vessels calling at U.S. ports to carry and present on
demand any identification the Secretary decides is necessary. The
acceptable identification required by this proposed rule would allow
the Coast Guard to authoritatively identify crewmembers on vessels
within U.S. waters.
Proposed Use of Information: The information collected would be
used to authoritatively identify crewmembers on vessels within U.S.
waters.
Description of the Respondents: The respondents include all
crewmembers on a foreign vessel in the navigable waters of the U.S. en
route to a U.S. port or place of destination or at a U.S. port or
place, and all crewmembers on a U.S. commercial vessel in the navigable
waters of the U.S. coming from a foreign port or place of departure to
a U.S. port or place of destination. The respondents also include the
operators of those foreign and U.S. vessels.
Number of Respondents: We estimate the number of respondents is
838,084 persons, comprising crewmembers and vessel operators. This
figure is based on Coast Guard records of the number of affected
vessels that enter U.S. ports, Coast Guard estimates of the number of
crewmembers on vessels, and estimates of the frequency of crew
rotation. Using Coast Guard Notice of Arrival data, we estimate
10,649,843 responses per year from all crewmembers and operators.
Frequency of Response: We estimate, on average, a typical
crewmember would respond 13 times per year. Vessel operators would
respond each time a vessel submits a notice of arrival.
Burden of Response: Coast Guard records indicate the burden imposed
on
[[Page 27782]]
the respondents is negligible. From our records, we expect nearly all
crewmembers already possess and carry an acceptable identification. We
also expect vessel operators already check crewmembers' identifications
since the type and number must be reported on the Notice of Arrival.
Estimate of Total Annual Burden: According to our Notice of Arrival
records for the 12 months between June 2006 and June 2007, 10,328,992
(97.0 percent) of responses were passport, U.S. Permanent Resident
Card, or MMD numbers. This period predates TWIC cards and, at this
time, few nations are issuing the SID. The figure includes U.S.
crewmembers sailing on coastal voyages to whom this proposed rule would
not apply and who might have presented some other form of
identification that would not be accepted under this proposed rule.
Therefore, the percentage of crewmembers that already possess an
acceptable identification under this proposed rule is likely higher
than 97 percent. In the worst case, this would leave 320,851 (3.0
percent) responses reporting other identifications. Based on an average
of 13 visits per crewmember per year, this translates to 24,681
crewmembers reporting an identification other than passports, U.S.
Permanent Resident Cards, and MMDs. Therefore, in the worst case, the
total cost burden of response is estimated to be $2,714,910, using $97
as the cost of obtaining an acceptable ID, and $13 as the opportunity
cost.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we have submitted a copy of this proposed rule to the Office
of Management and Budget (OMB) for its review of the collection of
information.
We ask for public comment on the proposed collection of information
to help us determine how useful the information is; whether it can help
us perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
You need not respond to a collection of information unless we have
published a currently valid control number from OMB for that collection
in the Federal Register. Before the requirements for this collection of
information become effective, we will publish notice in the Federal
Register of OMB's decision to approve, modify, or disapprove the
collection. If OMB approves the collection, our publication of that
control number in the Federal Register or the CFR will constitute
display of that number; see 5 CFR 1320.3(f)(3), as required under 44
U.S.C. 3506(c)(1)(B).
D. 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 proposed rule
under that Order and have determined that it does not have implications
for federalism.
E. 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 proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
F. Taking of Private Property
This proposed rule would 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.
G. Civil Justice Reform
This proposed 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.
H. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
I. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would 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.
J. Energy Effects
We have analyzed this proposed 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 require a Statement of Energy Effects
under Executive Order 13211.
K. 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 proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
L. Environment
We have analyzed this proposed rule under Commandant Instruction
M16475.lD which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination this action is not likely to have
a significant effect on the human environment. A preliminary
``Environmental Analysis Check List'' supporting this preliminary
determination is available in the docket where indicated under the
``Public Participation and Request for
[[Page 27783]]
Comments'' section of this preamble. We seek any comments or
information that may lead to the discovery of a significant
environmental impact from this proposed rule.
List of Subjects in 33 CFR Part 160
Administrative practice and procedure, Harbors, Hazardous materials
transportation, Identification, Marine safety, Navigation (water),
Reporting and recordkeeping requirements, Seamen, Vessels, Waterways.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 160 as follows:
PART 160--PORTS AND WATERWAYS SAFETY--GENERAL
1. The authority citation for part 160 continues to read as
follows:
Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701;
Department of Homeland Security Delegation No. 0170.1. Subpart C is
also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C.
3715.
2. Add subpart D, consisting of Sec. Sec. 160.300 through 160.320,
to read as follows:
Subpart D--Crewmember Identification
Sec.
160.300 Applicability.
160.305 Exceptions.
160.310 Definitions.
160.315 Crewmember identification requirement.
160.320 Sanctions and vessel control.
Sec. 160.300 Applicability.
(a) This subpart applies to crewmembers on the following vessels in
the navigable waters of the United States en route to a U.S. port or
place of destination or at a U.S. port or place:
(1) A foreign vessel engaged in commercial service, and
(2) A U.S. vessel engaged in commercial service and coming from a
foreign port or place of departure.
(b) This subpart also applies to the operators of the vessels
listed in paragraph (a) of this section.
Sec. 160.305 Exceptions.
Requirements in this subpart will not be enforced against
crewmembers and operators on a vessel bound for a U.S. port or place of
destination under a claim of force majeure.
Sec. 160.310 Definitions.
As used in this subpart, and only for purposes of this subpart--
Acceptable identification means a:
(1) Passport;
(2) U.S. Permanent Resident Card,
(3) U.S. merchant mariner's document;
(4) Transportation Worker Identification Credential issued by the
Transportation Security Administration under 49 CFR part 1572; or
(5) Seafarer's Identification Document (SID) issued by or under the
authority of the government of a country that has ratified the
International Labour Organization Seafarers' Identity Documents
Convention (Revised), 2003 (ILO 185), meeting all the requirements of
ILO 185.
Commercial service means any type of trade or business involving
the transportation of goods or individuals, except service performed by
a combatant vessel.
Crewmember means all persons carried on board a vessel to provide:
Navigation services; maintenance of the vessel, its machinery, or
systems; arrangements essential for propulsion or safe navigation; or
services for other persons on board.
Foreign vessel means a vessel of foreign registry or operated under
the authority of a country except the United States.
Navigable waters of the United States means the same as this term
is defined in 33 CFR 2.36(a).
Operator means any person including, but not limited to, an owner,
a charterer, or another contractor who conducts, or is responsible for,
the operation of a vessel.
Passport means any travel document issued by competent authority
showing the bearer's origin, identity, and nationality if any, which is
valid for the admission of the bearer into a foreign country.
Port or place of departure means any port or place in which a
vessel is anchored or moored.
Port or place of destination means any port or place in which a
vessel is bound to anchor or moor.
Sec. 160.315 Crewmember identification requirement.
(a) A crewmember subject to this subpart must carry and present on
demand an acceptable identification. An operator subject to this
subpart must ensure that every crewmember on the vessel has an
acceptable identification in his or her possession when the vessel is
in the navigable waters of the United States. For purposes of this
section, a crewmember may secure his or her acceptable identification
with the vessel's master, so long as the identification can be
presented on demand.
(b) Compliance with the requirements in this section does not
relieve vessel crewmembers and operators of any requirements under the
Immigration and Nationality Act (INA) or INA implementing regulations.
Likewise, compliance with INA requirements does not relieve vessel
crewmembers and operators of the requirements in this section.
Sec. 160.320 Sanctions and vessel control.
Failure to comply with this subpart will subject the crewmember and
operator to a civil penalty under 46 U.S.C. 70119 and the vessel to
control under 33 U.S.C. 1223(b).
Dated: April 24, 2008.
Brian M. Salerno,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety,
Security and Stewardship.
[FR Doc. E8-10707 Filed 5-13-08; 8:45 am]
BILLING CODE 4910-15-P