Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules and Regulations 19135 

From Friday, 4 p.m. through Monday, 

6:30 a.m. the bridge shall open on signal 

after at least a two-hour advance notice 

is given. 

At all other times the bridge need not 

open for marine traffic. 

Advance notice may be given by 

calling (631) 383–6598. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: April 10, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–9636 Filed 4–27–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[USCG–2009–0223 

Drawbridge Operation Regulations; 

Gowanus Canal, Brooklyn, NY, 

Maintenance 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of temporary deviation 

from regulations. 

SUMMARY: The Commander, First Coast 

Guard District, has issued a temporary 

deviation from the regulation governing 

the operation of the Hamilton Avenue 

Bridge across the Gowanus Canal, mile 

1.2, at Brooklyn, New York. Under this 

temporary deviation the bridge shall 

require a four-hour advance notice for 

bridge openings for three months and a 

three day bridge closure to facilitate 

bridge maintenance. Vessels that can 

pass under the draw without a bridge 

opening may do so at all times. 

DATES: This deviation is effective from 

6 a.m. on April 21, 2009 through 11:59 

p.m. on July 31, 2009. 

ADDRESSES: and are available online at 

www.regulations.gov, selecting the 

Advanced Docket Search Option on the 

right side of the screen, inserting USCG– 

2009–0223 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. This 

material is also available for inspection 

or copying at the 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, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Judy Leung-Yee, Project Officer, First 

Coast Guard District, telephone 212– 

668–7165. If you have questions on 

viewing the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: The 

Hamilton Avenue Bridge, across the 

Gowanus Canal, mile 1.2, at Brooklyn, 

New York, has a vertical clearance in 

the closed position of 19 feet at mean 

high water and 23 feet at mean low 

water. The Drawbridge Operation 

Regulations are listed at 33 CFR 117.5. 

The waterway has seasonal recreational 

vessels, and commercial vessels of 

various sizes. The owner of the bridge, 

New York City Department of 

Transportation, requested a temporary 

deviation to facilitate the training of 

bridge personnel, mechanical and 

electrical testing at the bridge. 

Under this temporary deviation the 

Hamilton Avenue Bridge shall require at 

least a four-hour advance notice for 

bridge openings from April 24, 2009 

through July 31, 2009. In addition a 

three day bridge closure will be 

necessary from 6 a.m. on April 21, 2009 

through 8 p.m. on April 23, 2009, to 

facilitate bridge railing installation. 

Vessels that can pass under the bridge 

without a bridge opening may do so at 

all times. Notice may be provided by 

calling (201) 400–5243. 

In accordance with 33 CFR 117.35(e), 

the bridge must return to its regular 

operating schedule immediately at the 

end of the designated time period. This 

deviation from the operating regulations 

is authorized under 33 CFR 117.35. 

Dated: April 10, 2009. 

Gary Kassof, 

Bridge Program Manager, First Coast Guard 

District. 

[FR Doc. E9–9637 Filed 4–27–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 160 

[Docket No. USCG–2007–28648] 

RIN 1625–AB19 

Crewmember Identification Documents 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard requires 

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 operators are 

required to ensure that crewmembers 

comply with this requirement. This rule 

would implement a Maritime 

Transportation Security Act mandate 

and help ensure that the Coast Guard 

can authoritatively identify 

crewmembers on vessels in U.S. 

navigable waters. 

DATES: This final rule is effective May 

28, 2009. 

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 docket USCG–2007–28648 and are 

available for inspection or copying at 

the 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, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2007–28648 in the Docket ID 

box, pressing Enter, and then clicking 

on the item in the Docket ID column. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call 

Commander Kelly Post, Coast Guard, 

telephone 202–372–1405 and e-mail 

address Kelly.M.Post@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 the docket, 

call Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Regulatory History 

III. Background and Purpose 

IV. Discussion of Comments and Changes 

A. Support for Proposed Rule 

B. Acceptance of Seafarer’s Identification 

Document 

C. Transportation Worker Identification 

Credential not SID Compliant 

D. Interoperability of Identification 

Credentials 

E. Electronic Identification Document 

Readers 

F. Ratification of the ILO 185 Convention 


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G. Availability of TWIC Hardware and 

Readers 

H. The Scope of Sanctions 

I. Seamen’s Books 

J. Outer Continental Shelf Offshore 

Workers 

K. Travel Outside U.S. Territorial Sea 

L. Navigable Waters of the United States 

M. Change Based on MMC Final Rule 

Being Issued 

N. Clarification of Force Majeure Exception 

V. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates Reform Act 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

CBP U.S. Customs and Border 

Protection 

CFR Code of Federal Regulations 

FR Federal Register 

ILO International Labour Organization 

INA Immigration and Nationality Act 

MMC Merchant Mariner Credential 

MMD Merchant Mariner Document 

MODU Mobile Offshore Drilling Unit 

MTSA Maritime Transportation 

Security Act 

OCS Outer Continental Shelf 

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 

U.S.C. United States Code 

II. Regulatory History 

On May 14, 2008, we published a 

notice of proposed rulemaking entitled 

‘‘Crewmember Identification 

Documents’’ in the Federal Register (73 

FR 27778). We received 8 letters 

containing 27 comments on the 

proposed rule. No public meeting was 

requested and none was held. 

III. Background and Purpose 

In section 102 of the Maritime 

Transportation Security Act of 2002 

(MTSA), Public Law 107–295, 116 Stat. 

2064, 2080–81 (November 25, 2002), 

codified at 46 U.S.C. 70111, 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. Section 

102 also directed the Secretary to 

develop forms and processes for the 

identification and verification of 

crewmembers. 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 seas. 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 (DHS) 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, the Coast Guard 

collaborated with CBP and TSA and 

consulted with the Attorney General 

and Secretary of State in the 

development of this rule. 

On October 13, 2006, Congress 

revised 46 U.S.C. 70111 through section 

110 of the Security and Accountability 

for Every Port Act of 2006 (SAFE Port 

Act), Public Law 109–347 120 Stat. 

1891, 1893 (October 13, 2006) and 

established a deadline for these 

requirements to be in place not later 

than October 13, 2007. This rule fulfills 

Congress’ mandate to require that 

crewmembers on vessels calling at U.S. 

ports or places of destination carry and 

present on demand identification the 

Secretary decides is necessary. 

In the preamble of the NPRM, we 

noted that if an effective rule were 

issued in the ‘‘Consolidation of 

Merchant Mariner Qualification 

Credentials’’ (RIN 1625–AB02) 

rulemaking before we issued this 

crewmember identification final rule, 

we would add the Merchant Mariner 

Credential (MMC) to the list of 

acceptable identification documents in 

33 CFR 160.310. See May 14, 2008, 73 

FR 27780. On March 16, 2009, a final 

rule from the MMC rulemaking was 

published (74 FR 11196), so we have 

added the MMC as an acceptable 

identification in this final rule. The 

MMC rule is effective April 15, 2009. 

IV. Discussion of Comments and 

Changes 

We received 27 comments regarding 

the proposed rule. The following is a 

summary of the comments received, and 

the changes made to the regulatory text 

since our proposed rule was published. 

A. Support for Proposed Rule 

Six commenters made statements that 

were generally supportive of the 

proposed rule and Coast Guard’s efforts 

to positively identify crewmembers 

aboard commercial vessels in U.S. 

waters. In addition, one of these 

comments included appreciation that 

the NPRM did not propose to create an 

undue burden on mariners and that an 

acceptable identification, along with the 

appropriate entrance documents (such 

as a visa and passport), will facilitate 

shore-leave for mariners. 

The Coast Guard agrees. Our 

objectives in drafting these regulations 

are to implement statutory requirements 

in 46 U.S.C. 70111, and to do so in a 

way consistent with the DHS goal of 

enhancing security while minimizing 

the burden upon the maritime industry 

to the maximum extent possible. We 

agree that possession of an acceptable 

identification will enable authoritative 

identification of crewmembers while in 

U.S. waters. We remind mariners that 

compliance with the requirements in 

this rule, however, does not relieve 

vessel crewmembers and operators of 

any requirements under the Immigration 

and Nationality Act (INA) or INA 

implementing regulations. We have 

made no changes from the proposed 

rule based on these comments. 

B. Acceptance of Seafarer’s 

Identification Document 

One commenter stated that listing the 

Seafarer’s Identification Document (SID) 

as an acceptable form of identification 

appears to create inconsistency in U.S. 

policy since the United States is not a 

signatory to the International Labour 

Organization Convention (ILO) number 

185. Another commenter stated that if 

the SID permits the authoritative 

identification of a crewmember, then it 

should suffice for shore leave without a 

visa. 

The Coast Guard disagrees. The 

United States’ position against 

ratification of the ILO 185 convention is 

primarily based on the convention’s 

current requirement that all SID holders 

be granted entry without a visa. This 

does not mean, however, that the Coast 

Guard finds no value in or has no 

appreciation for international 

crewmember identification, issued by 

signatory governments, to assist us in 


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authoritatively identifying 

crewmembers while in U.S. waters. We 

have made no changes from the 

proposed rule based on these comments. 

C. Transportation Worker Identification 

Credential not SID Compliant 

Three commenters also expressed 

concern that because the Transportation 

Worker Identification Credential (TWIC) 

is not SID compliant, U.S. mariners may 

be denied shore-leave while calling on 

foreign ports whose countries are 

signatory to the ILO 185 convention in 

response to foreign mariners with SIDs 

being denied shore leave while in the 

United States. In addition, one 

commenter stated the Coast Guard 

continues to refuse to take the necessary 

steps to facilitate shore-leave and this 

problem must be addressed or mariners 

will increasingly find themselves held 

prisoners on their vessel while in port. 

The commenters are correct regarding 

TWIC. It is not ILO 185 SID compliant. 

We expect that U.S. mariners, while 

calling on foreign ports of countries 

either signatory or non-signatory to ILO 

185, will continue to be eligible for 

shore leave based on compliance with 

the host country’s immigration laws, 

regulations, and policy as they pertain 

to seafarers. Under the ILO 185 

convention, signatory countries agree to 

permit shore leave to SID-holding 

mariners without a visa, with some 

exceptions. Nowhere does the 

convention state that signatory countries 

should deny shore leave to mariners 

without a SID. The United States’ 

position on shore leave for foreign 

mariners, with or without a SID, 

remains that it should be facilitated to 

the maximum extent possible while 

complying with the applicable 

requirements under our INA and INA 

implementing regulations. We have 

made no changes from the proposed 

rule based on these comments. 

D. Interoperability of Identification 

Credentials 

Four commenters expressed concern 

that the proposed rule does not enhance 

interoperability between U.S. and 

international identification credentials 

for crewmembers and creates economic 

disadvantages and security risks by not 

mandating background checks for 

foreign crewmembers, similar to those 

required of U.S. mariners who must 

obtain a TWIC. 

This rule addresses acceptable forms 

of identification for crewmembers 

aboard vessels in U.S. waters. By our 

acceptance in this rule of the 

international SID, some degree of 

interoperability, as it pertains to 

acceptable forms of identification, is 

achieved. While the comment regarding 

background checks for foreign 

crewmembers is outside the scope of 

this rulemaking, which is focused on 

authoritatively identifying 

crewmembers, current requirements and 

programs are already in place to reduce 

the risk of a transportation security 

incident associated with foreign flag 

vessels and crew. 

E. Electronic Identification Document 

Readers 

Also, regarding interoperability, two 

commenters expressed concern that 

electronic TWIC readers will not be able 

to read the SID and, while overseas, SID 

readers will not be able to read TWICs. 

Not all of the documents we define as 

acceptable identification in 33 CFR 

160.310 are machine readable, but we 

expect to be able to efficiently and 

effectively examine them onboard. 

F. Ratification of the ILO 185 

Convention 

Four commenters expressed support 

or desire for the United States to ratify 

the ILO 185 Convention and to remove 

U.S. visa requirements for 

crewmembers. 

The United States’ position regarding 

ratification of the ILO Convention 185 

or removal of U.S. visa requirements for 

crewmembers is beyond the scope of 

this rulemaking. This rule is not 

intended to address immigration or 

shore leave requirements. 

G. Availability of TWIC Hardware and 

Readers 

One commenter stated it makes no 

sense to require American 

transportation and maritime workers to 

comply with TWIC when no hardware 

or readers exist to actually implement 

the program. 

While outside the scope of this 

rulemaking, the Coast Guard notes that 

pilot testing of TWIC readers is 

currently underway. 

H. The Scope of Sanctions 

One commenter recommended that 

sanctions in § 160.320 be applied only 

to operators and not to crewmembers, 

stating that ship masters hold the 

passports of crewmembers on board and 

proposed § 160.315 requires vessel 

operators to ensure that their 

crewmembers have acceptable 

identification when the vessel is in U.S. 

waters. 

The Coast Guard disagrees with the 

recommendation that sanctions should 

only be applied to vessel operators. 

Section 160.315 requires a crewmember 

subject to this rule not only to ‘‘carry 

and present on demand an acceptable 

identification’’, but also provides that ‘‘a 

crewmember may secure his or her 

acceptable identification with the 

vessel’s master, so long as the 

identification can be presented on 

demand.’’ In discussing this section in 

the preamble of the NPRM, the Coast 

Guard stated that the practice of 

crewmembers on a vessel securing their 

acceptable identification with the 

master is consistent with the proposed 

rule if the identification is aboard and 

can be presented upon demand. 73 FR 

27778, 27779, May 14, 2008. This rule 

is not intended to change existing 

practices of masters securing 

crewmember passports. If a 

crewmember was able to establish that 

he or she did provide his or her 

acceptable identification to the master 

with the understanding that it would be 

kept on board and made available upon 

demand, then the Coast Guard would 

take this into account when enforcing 

this regulation. We have made no 

changes from the proposed rule based 

on this comment. 

I. Seamen’s Books 

One commenter stated that because 

seamen’s books issued by foreign 

governments under the Seafarers’ 

Identity Document Convention, 1958 

(ILO–108) are travel documents that are 

accepted in place of passports, they 

should be included as an acceptable 

identification document for a 

crewmember. The commenter further 

stated that even though the United 

States has not ratified ILO–108, U.S. 

Customs and Border Protection (CBP) 

accepts ILO–108 seamen’s books in 

place of passports. The commenter 

concludes, that while the § 160.310 

definition of passport would include 

ILO–108 seamen’s books, it would be 

helpful to specifically include ILO–108 

seamen’s books in the list of acceptable 

identification. 

The Coast Guard disagrees with the 

recommendation that what the 

commenter refers to as ILO–108 

seamen’s books should be added to the 

list of acceptable identification. The 

Coast Guard also disagrees that such 

seamen’s books meet the § 160.310 

definition of passport. CBP may accept 

a seaman’s book, in conjunction with a 

visa, as a passport alternative for 

purposes of determining admissibility, 

but CBP does not accept the book as a 

SID. 

Our crewmember identification 

document rule lists a specific SID as an 

acceptable identification: one ‘‘issued 

by or under the authority of the 

government of a country that has 

ratified the International Labour 

Organization Seafarers’ Identity 


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19138 Federal Register / Vol. 74, No. 80 / Tuesday, April 28, 2009 / Rules and Regulations 

Documents Convention (Revised), 2003 

(ILO 185), meeting all the requirements 

of ILO 185.’’ See 33 CFR 160.310. ILO– 

185 went into force on February 9, 2005, 

and, as its title indicates, revised ILO– 

108, Seafarers’ Identity Documents 

Convention, 1958. The term ‘‘seamen’s 

books’’ does not appear in ILO–108. 

And, like ILO–185, the 1958 convention 

refers to the issuance of a seafarer’s 

identity document, not a seaman’s book. 

Under the 1958 Convention, a SID 

had to conform to the provisions of 

Article 4 of ILO–108, which include 

‘‘particulars concerning the bearer.’’ The 

list of ILO–108 particulars, however, is 

not as extensive as those in ILO–185. As 

noted above, to be considered an 

acceptable identification, a SID must 

meet all the requirements of ILO 185. 

And while ILO–185 permits either ‘‘a 

previous SID, or a seafarers’ discharge 

book’’ to be used as proof an applicant 

for a SID is a seafarer, neither 

convention uses the term ‘‘seamen’s 

book’’ or ‘‘seafarers’ discharge book’’ to 

label the document issued by or under 

the authority of the government of a 

country that has ratified an ILO SID 

convention as the document that must 

be recognized by other nations that have 

ratified the convention. 

We have not found a valid formal 

definition of the term ‘‘seamen’s book.’’ 

In addition, the term ‘‘seaman’s book’’ is 

not used in either ILO–108 or ILO–185, 

and the somewhat similar term 

‘‘seafarers’ discharge book’’ is used in 

ILO–185, but for the limited purpose of 

providing proof that an applicant for an 

ILO–185 SID is a seafarer. Accordingly, 

we do not interpret either term as 

meeting the 33 CFR 160.310 definition 

of passport. We have made no changes 

from the proposed rule based on this 

comment. 

J. Outer Continental Shelf Offshore 

Workers 

One commenter questioned the need 

for additional identification documents 

for offshore workers located on the U.S. 

Outer Continental Shelf (OCS) in the 

Gulf of Mexico. Another commenter 

inferred that the Coast Guard does not 

consider a location on the OCS to be a 

‘‘foreign port or place,’’ and asked for 

confirmation that this term, used in 33 

CFR 160.300(a)(2), refers to a port or 

place outside of U.S. jurisdiction. A 

third comment added that crewmembers 

of a Mobile Offshore Drilling Unit 

(MODU) on the OCS should not have to 

present anything other than what is 

currently applicable for transport to and 

from a MODU. 

The Coast Guard does not consider a 

location on the OCS to be a foreign port 

or place. See 43 U.S.C. 1333. 

Applicability provisions in 33 CFR 

160.300(a)(2) would not be triggered by 

a U.S.-flag vessel engaged in commercial 

service departing a place or MODU on 

the OCS because it would not be coming 

from a foreign port or place of 

departure. We have made no changes 

from the proposed rule based on this 

comment. 

K. Travel Outside U.S. Territorial Sea 

One commenter made a related 

request for assurances that the rule 

would not apply to crewmembers of 

U.S.-flagged passenger vessels that 

travel outside the U.S. territorial sea, but 

do not enter a foreign port or place. This 

commenter provided examples of U.S.- 

flagged whale-watching vessels or 

cruise-to-nowhere gaming vessels. 

As noted above, the requirements of 

this rule would apply to a U.S.-flag 

vessel if it is engaged in commercial 

service and is coming from a foreign 

port or place of departure. 33 CFR 

160.300(a)(2). In the definition section, 

§ 160.310, the term ‘‘port or place of 

departure’’ is defined as ‘‘any port or 

place in which a vessel is anchored or 

moored.’’ If a U.S.-flagged vessel travels 

beyond the U.S. territorial sea but has 

not anchored or moored at a port or 

place in the waters of a foreign country, 

then it would not trigger the 

requirements of this rule because it 

would not be coming from a foreign port 

or place of departure when it returns to 

U.S. waters. We have made no changes 

from the proposed rule based on this 

comment. 

L. Navigable Waters of the United States 

One comment recommended that the 

Coast Guard more clearly define the 

scope of the term ‘‘navigable waters of 

the United States’’ in the final rule by 

including either a 3- or 12-mile-wide 

territorial sea as measured from the 

baseline, and not rely on reference to 33 

CFR 2.36(a), which contains an 

additional reference. 

In § 160.310 of the proposed rule, the 

Coast Guard defined the term 

‘‘navigable waters of the United States’’ 

to mean ‘‘the same as this term is 

defined in 33 CFR 2.36(a).’’ That 

definition in § 2.36(a) identifies 

navigable waters as including U.S. 

territorial seas, U.S. internal waters 

subject to tidal influence, and certain 

U.S. internal waters not subject to tidal 

influence. In 33 CFR part 2, the Coast 

Guard provides a separate definition of 

‘‘territorial sea.’’ Under this § 2.22 

definition, the width of the territorial 

sea may be 3- or 12-nautical miles 

depending on the statute or regulation 

being enforced. 

This crewmember identification 

document rule is issued under MTSA 

authority found at 46 U.S.C. 70111, as 

well as 33 U.S.C. 1223 and 1231 from 

the Ports and Waterways Safety Act 

(PWSA), Public Law 92–340 (July 10, 

1972). Under both of these authorities, 

the territorial sea is 12 nautical miles 

wide. Under § 2.22(a)(1)(v), we interpret 

the territorial sea for regulations issued 

under MTSA, which was enacted after 

the Presidential Proclamation 5928 of 

December 27, 1988, to be 12 nautical 

miles wide. Also, the Coast Guard has 

already established that it interprets the 

territorial sea to be 12-nautical-miles 

wide for the PWSA. 33 CFR 2.22(a)(1)(i). 

In response to this comment, the Coast 

Guard has revised its definition in 

§ 160.310 to read: 

Navigable waters of the United States 

means the same as this term is defined in 33 

CFR 2.36(a). This includes a 12-nautical-mile 

wide U.S. territorial sea as measured from the 

baseline, U.S. internal waters subject to tidal 

influence, and certain U.S. internal waters 

not subject to tidal influence. 

This is one of only three changes from 

the regulatory text in the proposed rule. 

M. Change Based on MMC Final Rule 

Being Issued 

As noted above, on March 16, 2009, 

a final MMC rule was published (74 FR 

11196). In our NPRM, we stated that if 

an effective rule were issued in the 

‘‘Consolidation of Merchant Mariner 

Qualification Credentials’’ rulemaking 

before we issued this crewmember 

identification final rule, we would add 

the MMC to the list of acceptable 

identification documents. May 14, 2008, 

73 FR 27780. Because this condition has 

been met we have added the MMC to 33 

CFR 160.310, which defines acceptable 

identification for purposes of this 

rulemaking. 

N. Clarification of Force Majeure 

Exception 

In § 160.305 of the NPRM, we stated 

that requirements of this rule would 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.’’ It is clearer, 

however, to state that the requirements 

of this rule do not apply in those 

circumstances. Accordingly, consistent 

with our NPRM preamble description of 

this section dealing with forces beyond 

the ship master’s control, we have 

revised § 160.305 to clarify that 33 CFR 

part 160, subpart D requirements will 

not apply to crewmembers and 

operators on a vessel bound for a U.S. 

port or place of destination under force 

majeure. 


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V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

A. Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and 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. 

Public comments on the NPRM are 

summarized in Part IV of this preamble. 

We received no public comments that 

would alter our assessment of impacts 

in the NPRM. We have adopted the 

assessment in the NPRM as final. See 

the ‘‘Regulatory Evaluation’’ section of 

the NPRM for more details. 

We expect that most crewmembers, 

U.S. and foreign, already possess an 

acceptable identification. Acceptable 

identifications in this rule are consistent 

with current identifications accepted by 

the Coast Guard and CBP to identify 

crewmembers. In addition, we expect 

that 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 arrival under 33 

CFR 160.206(a)(4)(iv). 

We provide estimates of burden and 

costs associated with this rule in the 

‘‘Collection of Information’’ section of 

this rule. 

B. 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. 

Although the rule requires vessel 

operators to ensure that all 

crewmembers on the vessel have 

acceptable identification, we expect that 

vessel operators already look for an 

identification document 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 defined in the Regulatory Flexibility 

Act. Therefore, 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. 

C. Assistance for Small Entities 

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). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

D. Collection of Information 

This rule calls 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. 

We received no public comment that 

would alter our assessment of the 

respondents and burden in the NPRM. 

We have adopted the assessment in the 

NPRM as final. See the ‘‘Regulatory 

Evaluation’’ section of the NPRM for 

more details. A summary of our 

respondent and burden estimates 

follow. 

Title: Crewmember Identification 

Documents. 

OMB Control Number: 1625–0113. 

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 rule will allow the Coast Guard to 

authoritatively identify crewmembers 

on vessels within U.S. waters. 

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 United States 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 

United States 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. 

This estimate varies somewhat by year. 

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 

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: We 

estimate there would be no more than 

320,851 potential annual responses 

involving a document other than 

acceptable identification. Based on an 

average of 13 visits per crewmember per 

year, this amounts to about 24,681 

crewmembers that use some other form 

of identification. We estimate the cost 

burden of response for these 

crewmembers to be $2,714,910, using 

$97 as the cost of obtaining an 

acceptable ID, and $13 as the 

opportunity cost of time. 

As required by 44 U.S.C. 3507(d), we 

submitted a copy of the proposed rule 

to the Office of Management and Budget 

(OMB) for its review of the collection of 

information. On November 20, 2008, 

OMB approved the collection for a 3- 

year period, until November 30, 2011. 


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The OMB Control Number for this 

collection is 1625–0113. 

You are not required to respond to a 

collection of information unless it 

displays a currently valid OMB control 

number. This publication of OMB’s 

control number in the Federal Register 

will constitute display of that number, 

see 5 CFR 1320.3(f)(3), as required 

under 44 U.S.C. 3506(c)(1)(B). 

E. 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. 

F. 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. 

G. 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. 

H. 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. 

I. 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. 

J. 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. 

K. 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. 

L. Technical Standards 

The National Technology Transfer 

and Advancement Act (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. 

M. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 0023.1 and Commandant 

Instruction M16475.lD, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (NEPA) (42 U.S.C. 4321–4370f), 

and have concluded that this action is 

one of a category of actions which do 

not individually or cumulatively have a 

significant effect on the human 

environment. Therefore, this rule is 

categorically excluded, under section 

2.B.2. Figure 2–1, paragraph 34(d) of the 

Instruction, and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule involves 

crewmember identification documents 

and falls within the documentation 

portion of this categorical exclusion. An 

environmental analysis checklist and a 

categorical exclusion determination are 

available in the docket where indicated 

under ADDRESSES. 

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 amends 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 

§§ 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. 

§ 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. 

§ 160.305 Exceptions. 

Requirements in this subpart do not 

apply to crewmembers and operators on 

a vessel bound for a U.S. port or place 

of destination under force majeure. 

§ 160.310 Definitions. 

As used in this subpart, and only for 

purposes of this supbpart— 

Acceptable identification means a: 

(1) Passport; 


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(2) U.S. Permanent Resident Card; 

(3) U.S. merchant mariner document; 

(4) U.S. merchant mariner credential; 

(5) Transportation Worker 

Identification Credential (TWIC) issued 

by the Transportation Security 

Administration under 49 CFR part 1572; 

or 

(6) 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 onboard 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 onboard. 

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). This includes a 12- 

nautical-mile wide U.S. territorial sea as 

measured from the baseline, U.S. 

internal waters subject to tidal 

influence, and certain U.S. internal 

waters not subject to tidal influence. 

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. 

§ 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. 

§ 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 22, 2009. 

Howard L. Hime, 

Acting Director of Commercial Regulations 

and Standards, U.S. Coast Guard. 

[FR Doc. E9–9634 Filed 4–27–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0179] 

RIN 1625–AA00 

Safety Zone; St. Thomas Harbor, 

Charlotte Amalie, U.S.V.I. 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast is establishing a 

temporary safety zone on the navigable 

waters of St. Thomas Harbor in support 

of the Virgin Islands Carnival Finale 

fireworks display. This temporary safety 

zone is necessary to provide for the 

safety of spectators, participating vessels 

and their crews, and other vessels and 

users of the waterway. Persons and 

vessels are prohibited from entering 

into, transiting through, or anchoring 

within this safety zone unless 

authorized by the Captain of the Port 

(COTP) San Juan or the designated 

representative. 

DATES: This rule is effective from 7 p.m. 

on May 2, 2009, through 10:30 p.m. on 

May 2, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0179 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0179 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

two locations: The 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, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Mr. John Reyes, 

Marine Information Specialist, U.S. 

Coast Guard, Prevention Department 

telephone 787–729–5381, e-mail 

John.Reyes@uscg.mil. If you have 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because 

information regarding the event was not 

provided with sufficient time to publish 

an NPRM. Publishing an NPRM and 

delaying its effective date would be 

contrary to the public interest since 

immediate action is needed to minimize 

potential danger to the public during the 

fireworks display. 

For the same reasons above, 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. The 

Coast Guard will issue a broadcast 

notice to mariners to advise mariners of 

the restriction and provide on scene 

notification. 

Background and Purpose 

This rule is required to provide for the 

safety of life in St. Thomas Harbor 

because fireworks will be launched from 

a vessel within the harbor. These 

fireworks could potentially pose a safety 

hazard to the small craft operators that 


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