[Federal Register Volume 72, Number 134 (Friday, July 13, 2007)]
[Rules and Regulations]
[Pages 38486-38488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3447]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 105

[Docket Nos. TSA-2006-24191; USCG-2006-24196]
RIN 1652-AA41


Transportation Worker Identification Credential (TWIC) 
Implementation in the Maritime Sector; Hazardous Materials Endorsement 
for a Commercial Driver's License

AGENCY: United States Coast Guard, Department of Homeland Security 
(DHS).

ACTION: Final rule; extension of compliance date.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security (DHS), through the United 
States Coast Guard (Coast Guard), issues this final rule to extend 
compliance dates for the redesignation of secure areas. The Coast Guard 
is delaying the date by which facilities wishing to redefine their 
secure areas must submit an amendment to their facility security plan. 
Amendments to facility security plans are now due by September 4, 2007.

DATES: This final rule is effective July 13, 2007.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of dockets TSA-2006-24191 and USCG-2006-24196, and are 
available for inspection or copying at the Docket Management Facility, 
U.S. Department of Transportation, West Building Ground Floor, Room 
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays. You 
may also find this docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call LCDR Jonathan Maiorine, telephone 1-877-687-2243. If you have 
questions on viewing the docket, call Renee V. Wright, Program Manager, 
Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION: 

I. Regulatory History

    On May 22, 2006, The Department of Homeland Security (DHS) through 
the United States Coast Guard (Coast Guard) and the Transportation 
Security Administration (TSA) published a joint notice of proposed 
rulemaking entitled ``Transportation Worker Identification Credential 
(TWIC) Implementation in the Maritime Sector; Hazardous Materials 
Endorsement for a Commercial Driver's License'' in the Federal Register 
(71 FR 29396). This was followed by a 45 day comment period and four 
public meetings. The Coast Guard and TSA issued a joint final rule, 
under the same title, on January 25, 2007 (72 FR 3492) (hereinafter 
referred to as the original TWIC final rule). The preamble to that 
final rule contains a discussion of all the comments received on the 
NPRM, as well as a discussion of the provisions found in the original 
TWIC final rule, which became effective on March 26, 2007.

II. Background and Purpose

    A complete discussion of the background and purpose of the original 
TWIC final rule may be found beginning at 72 FR 3494. This final rule 
is being issued in order to amend the original TWIC final rule to 
reflect delays in the issuance of guidance.

III. Discussion of Change

    The Coast Guard is delaying the date by which facilities wishing to 
redefine their secure areas must submit an amendment to their facility 
security plan. The original final rule required these submissions to be 
made to the appropriate Captain of the Port (COTP) by July 25, 2007. 
The Coast Guard issued its Navigation and Vessel Inspection Circular 
(NVIC) containing guidance on which facilities are eligible for this 
redefinition, and what would be an acceptable new definition of 
``secure area,'' on July 6, 2007. In order to provide facility owners 
and operators time to take this guidance into account before submitting 
their revised plan, we are delaying the deadline for these submission 
until September 4, 2007. This amendment may be found at 33 CFR 105.115.

IV. Regulatory Requirements

A. Administrative Procedure Act

    We did not publish a notice of proposed rulemaking (NPRM) for this 
final rule. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good 
cause exists for not publishing an NPRM, because providing opportunity 
for public comment is unnecessary and would be contrary to the public 
interest. The provision being amended by this final rule without prior 
notice and comment eases a restriction on the public by providing the 
public (owners and operators of facilities regulated by 33 CFR part 
105) with more time to comply with the regulatory requirements. For the 
same reason, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good 
cause exists for making this rule effective less than 30 days after 
publication in the Federal Register.

[[Page 38487]]

B. Executive Order 12866 (Regulatory Planning and Review)

    The original TWIC final rule was a ``significant regulatory 
action'' under section 3(f) of Executive Order 12866, Regulatory 
Planning and Review and therefore it was reviewed by the Office of 
Management and Budget. E.O. 12866 requires an assessment of potential 
costs and benefits under section 6(a)(3) of that Order. The Final 
Assessment for the original TWIC final rule is available in both the 
TSA and Coast Guard dockets where indicated under the ADDRESSES section 
of this preamble. A summary of that assessment was included in the 
original TWIC final rule at 72 FR 3570-3572.
    This final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866. The Office of Management and 
Budget has not reviewed it under that Order. We expect the economic 
impact of this rule to be minimal and a full Regulatory Evaluation 
unnecessary.
    We anticipate that these changes will not substantially increase 
TWIC related compliance costs to the affected entities and in most 
cases will provide advantages through deadline extensions.

C. Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule would have a significant economic impact 
on a substantial number of small entities. The term ``small entities'' 
comprises small businesses, not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    We do not expect this rule to substantially increase TWIC related 
compliance costs, as it extends a deadline. The Coast Guard certifies 
under 5 U.S.C. 605(b) that this final rule will not have a significant 
economic impact on a substantial number of small entities.

D. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding the rule so that they can better evaluate its 
effects on them and participate in the rulemaking.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).]

E. Collection of Information

    This rule calls for no new collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

F. Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on State or local 
governments and would either preempt State law or impose a substantial 
direct cost of compliance on them. We have analyzed this rule under 
that Order and have determined that it does not have implications for 
federalism.

G. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 or more in any 
one year. Though this rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

H. Taking of Private Property

    This rule will not effect a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

I. Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2) 
of Executive Order 12988, Civil Justice Reform, to minimize litigation, 
eliminate ambiguity, and reduce burden.

J. Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

K. Indian Tribal Governments

    This rule does not have tribal implications under Executive Order 
13175, Consultation and Coordination with Indian Tribal Governments, 
because it does not have a substantial direct effect on one or more 
Indian tribes, on the relationship between the Federal Government and 
Indian tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.

L. Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. We have determined that it is not a ``significant 
energy action'' under that order because it is not a ``significant 
regulatory action'' under Executive Order 12866 and is not likely to 
have a significant adverse effect on the supply, distribution, or use 
of energy. The Administrator of the Office of Information and 
Regulatory Affairs has not designated it as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

M. Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15 
U.S.C. 272 note) directs agencies to use voluntary consensus standards 
in their regulatory activities unless the agency provides Congress, 
through the Office of Management and Budget, with an explanation of why 
using these standards would be inconsistent with applicable law or 
otherwise impractical. Voluntary consensus standards are technical 
standards (e.g., specifications of materials, performance, design, or 
operation; test methods; sampling procedures; and related management 
systems practices) that are developed or adopted by voluntary consensus 
standards bodies.
    This rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

N. Environment

    The provisions of this rule have been analyzed under the Department 
of Homeland Security (DHS) Management Directive (MD) 5100.1, 
Environmental Planning Program, which is the DHS policy and procedures 
for implementing the National Environmental Policy Act (NEPA), and 
related E.O.s and requirements. The changes being made by this final 
rule have no effect on the environmental analysis that accompanied the 
promulgation of the original TWIC final rule. That analysis can be 
found at 72 FR 3576-3577.

[[Page 38488]]

    Accordingly, there are no extraordinary circumstances presented by 
this rule that would limit the use of a categorical exclusion (CATEX) 
under MD 5100.1, Appendix A, paragraph 3.2. The implementation of this 
rule, like the implementation of the original TWIC final rule, is 
categorically excluded under the following CATEX listed in MD 5100.1, 
Appendix A, Table 1: CATEX A1 (personnel, fiscal, management and 
administrative activities); CATEX A3 (promulgation of rules, issuance 
of rulings or interpretations); and CATEX A4 (information gathering, 
data analysis and processing, information dissemination, review, 
interpretation and development of documents). CATEX B3 (proposed 
activities and operations to be conducted in an existing structure that 
would be compatible with and similar in scope to ongoing functional 
uses) and CATEX B 11 (routine monitoring and surveillance activities 
that support law enforcement or homeland security and defense 
operations) would also be applicable.

List of Subjects in 33 CFR Part 105

    Facilities, Maritime security, Reporting and recordkeeping 
requirements, Security measures.

0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 105 as follows:

PART 105--MARITIME SECURITY: FACILITIES

0
1. The authority citation for part 105 continues to read as follows:

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 70103; 50 U.S.C. 191; 
33 CFR 1.05-1, 6.04-11, 6.14, 6.16, and 6.19; Department of Homeland 
Security Delegation No, 0170.1.

Sec.  105.115  [Amended]

0
2. Amend Sec.  105.115(c) by removing the date ``July 25, 2007'' and 
adding in its place the date ``September 4, 2007''.

    Dated: July 10, 2007.
F.J. Sturm,
Acting Assistant Commandant for Prevention.
[FR Doc. 07-3447 Filed 7-11-07; 12:11 pm]
BILLING CODE 4910-15-P