70462 Federal Register / Vol. 79, No. 228 / Wednesday, November 26, 2014 / Rules and Regulations 

inspections required by paragraph (k) of this 

AD for that part, provided that the part 

number and serial number of the replacement 

part is not listed in Airbus Service Bulletin 

A330–32–3233, Revision 02, including 

Appendix 01, dated January 27, 2014; or 

Airbus Service Bulletin A340–32–4275, 

Revision 01, including Appendix 01, dated 

July 5, 2013; as applicable. 

(m) Parts Installation Limitation 

As of the effective date of this AD, 

installation of an NLG main fitting or NLG 

sliding tube having a part number and serial 

number listed in Airbus Service Bulletin 

A330–32–3233, Revision 02, including 

Appendix 01, dated January 27, 2014; or 

Airbus Service Bulletin A340–32–4275, 

Revision 01, including Appendix 01, dated 

July 5, 2013; as applicable; is allowed, 

provided that the NLG main fitting and NLG 

sliding tube have not accumulated more than 

900 flight hours since the most recent 

inspection accomplished in accordance with 

the Accomplishment Instructions of Airbus 

Service Bulletin A330–32–3233, Revision 02, 

including Appendix 01, dated January 27, 

2014; or Airbus Service Bulletin A340–32– 

4275, Revision 01, including Appendix 01, 

dated July 5, 2013; as applicable. 

(n) Credit for Previous Actions 

This paragraph provides credit for 

inspections required by paragraphs (j) and (k) 

of this AD and the flap peening required by 

paragraph (j)(2) of this AD, if those actions 

were performed before the effective date of 

this AD using the applicable service 

information specified in paragraph (n)(1), 

(n)(2), or (n)(3) of this AD. 

(1) Airbus Service Bulletin A330–32–3233, 

dated October 22, 2009. 

(2) Airbus Service Bulletin A330–32–3233, 

Revision 01, dated July 5, 2013. This 

document is not incorporated by reference in 

this AD. 

(3) Airbus Service Bulletin A340–32–4275, 

dated October 22, 2009. 

(o) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Branch, ANM–116, Transport Airplane 

Directorate, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

In accordance with 14 CFR 39.19, send your 

request to your principal inspector or local 

Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Branch, send it to ATTN: 

Vladimir Ulyanov, Aerospace Engineer, 

International Branch, ANM–116, Transport 

Airplane Directorate, FAA, 1601 Lind 

Avenue SW., Renton, WA 98057–3356; 

telephone 425–227–1138; fax 425–227–1149. 

Information may be emailed to: 9-ANM-116- 

AMOC-REQUESTS@faa.gov. Before using 

any approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. The AMOC approval letter 

must specifically reference this AD. 

(2) Contacting the Manufacturer: As of the 

effective date of this AD, for any requirement 

in this AD to obtain corrective actions from 

a manufacturer, the action must be 

accomplished using a method approved by 

the Manager, International Branch, ANM– 

116, Transport Airplane Directorate, FAA; or 

the European Aviation Safety Agency 

(EASA); or Airbus’s EASA Design 

Organization Approval (DOA). If approved by 

the DOA, the approval must include the 

DOA-authorized signature. 

(p) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) European 

Aviation Safety Agency Airworthiness 

Directive 2013–0179, dated August 7, 2013, 

for related information. You may examine the 

MCAI in the AD docket on the Internet at 

http://www.regulations.gov/

#!documentDetail;D=FAA-2014-0425-0002. 

(2) Service information identified in this 

AD that is not incorporated by reference is 

available at the addresses specified in 

paragraphs (q)(5) and (q)(6) of this AD. 

(q) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(3) The following service information was 

approved for IBR on December 31, 2014. 

(i) Airbus Service Bulletin A330–32–3233, 

Revision 02, including Appendix 01, dated 

January 27, 2014. 

(ii) Airbus Service Bulletin A340–32–4275, 

Revision 01, including Appendix 01, dated 

July 5, 2013. 

(4) The following service information was 

approved for IBR on April 30, 2012, (77 FR 

22188, April 13, 2012). 

(i) Airbus Service Bulletin A330–32–3233, 

dated October 22, 2009. 

(ii) Airbus Service Bulletin A340–32–4275, 

dated October 22, 2009. 

(5) For service information identified in 

this AD, contact Airbus SAS, Airworthiness 

Office—EAL, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone +33 

5 61 93 36 96; fax +33 5 61 93 45 80; email 

airworthiness.A330-A340@airbus.com; 

Internet http://www.airbus.com. 

(6) You may view this service information 

at the FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(7) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

November 5, 2014. 

Jeffrey E. Duven, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2014–27360 Filed 11–25–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

U.S. Customs and Border Protection 

19 CFR Part 4 

[CBP Dec. 14–11] 

Technical Amendment: Boarding of 

Vessels at CBP Ports 

AGENCY: U.S. Customs and Border 

Protection, Department of Homeland 

Security. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This document amends the 

U.S. Customs and Border Protection 

(CBP) regulations to conform to U.S. 

Coast Guard implementing regulations 

regarding certain boardings of vessels 

under the Maritime Transportation Act 

of 2002, as amended (MTSA). Under 

MTSA, any person boarding a vessel 

arriving at a CBP port after that vessel 

is taken in charge by a CBP officer must 

comply with Transportation Worker 

Identification Credential requirements. 

This document also updates 

terminology and removes obsolete 

language in the relevant regulatory 

section. 

DATES: Effective November 26, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Craig Clark, Office of Field Operations, 

U.S. Customs and Border Protection, 

(202) 344–3052, OFO-ManifestBranch@

cbp.dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

It is the policy of U.S. Customs and 

Border Protection (CBP) to periodically 

review title 19 of the Code of Federal 

Regulations (19 CFR) to ensure that it is 

accurate and up-to-date so that the 

general public is aware of CBP 

requirements and procedures. As part of 

this review policy, CBP has determined 

that certain corrections affecting part 4 

of the CBP regulations (19 CFR part 4) 

are necessary. 

A. Maritime Transportation Act of 2002 

The Maritime Transportation Act of 

2002 (MTSA), Pub. L. 107–295, 116 Stat. 

2064, as amended by the Security and 

Accountability for Every Port Act of 

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Federal Register / Vol. 79, No. 228 / Wednesday, November 26, 2014 / Rules and Regulations 70463 

1See ‘‘Implementation of National Maritime 

Security Initiatives’’ temporary interim rule, 68 FR 

39240, July 1, 2003 and ‘‘Implementation of 

National Maritime Security Initiatives’’ final rule, 

68 FR 60448, October 22, 2003, amending 33 CFR 

parts 101 and 102. 

2See Id. 

3See 33 CFR 101.515. 

4See 33 CFR 101.515. 

2006 (SAFE Port Act), Public Law 109– 

347, 120 Stat. 1884, requires DHS to 

promulgate regulations addressing 

maritime security. Specifically, section 

102 of the MTSA (46 U.S.C. 70105) 

requires DHS to issue regulations to 

prevent individuals from entering 

secure areas of vessels or MTSAregulated port facilities unless such 

individuals are authorized to be in the 

secure areas and either hold biometric 

transportation security cards issued 

under section 102 or are accompanied 

by another individual who holds such a 

transportation security card. 

B. MTSA Implementing Regulations 

In 2003, DHS, through the U.S. Coast 

Guard (Coast Guard), issued two rules 

amending various regulations to 

implement the maritime security 

provisions of the MTSA.1 The MTSA 

regulations set out specific requirements 

for owners and operators of vessels, 

facilities, and Outer Continental Shelf 

facilities that are identified by the 

Secretary of Homeland Security as 

posing a high risk of being involved in 

a transportation security incident. The 

regulations require such owners and 

operators to implement security 

measures to ensure that a system is 

established for checking the 

identification of vessel and facility 

personnel or other persons seeking 

access to the vessel or facility. Also in 

2003, the Coast Guard and 

Transportation Security Administration 

(TSA) were in the process of developing 

the Transportation Worker 

Identification Credential (TWIC), a 

biometrically enabled common 

credential to be used by U.S. 

transportation workers requiring 

unescorted access to secure areas 

throughout the maritime sector.2

On January 25, 2007, DHS, through 

the Coast Guard and theTSA, published 

a final rule and request for comments in 

the Federal Register (72 FR 3492) 

establishing the regulatory requirements 

implementing TWIC as mandated by the 

MTSA and the SAFE Port Act. On May 

7, 2008, DHS, through the Coast Guard 

and TSA, published another final rule 

in the Federal Register (73 FR 25562) 

realigning the compliance date 

established in the aforementioned rule 

and requiring mariners to obtain a TWIC 

no later than April 15, 2009. This rule 

also established April 15, 2009, as the 

final date by which owners and 

operators of vessels, facilities, and outer 

continental shelf facilities must 

implement access control procedures 

utilizing TWIC. These rules amended 

the Coast Guard regulations regarding 

vessel and facility security to 

incorporate the TWIC requirements as 

an access control measure. See 33 CFR 

101.105 and 101.514. These sections 

include a definition of TWIC and other 

relevant terms, the requirements for 

unescorted access to a vessel or facility, 

and the requirements for persons 

requiring escorted access to a vessel or 

facility. 

Coast Guard regulations also provide 

that an individual not in possession of 

a TWIC must present personal 

identification in order to gain entry to 

a Coast Guard-regulated vessel or 

facility.3 The personal identification 

must, at a minimum, meet the following 

requirements: (1) Be laminated or 

otherwise secure against tampering; (2) 

contain the individual’s full name; (3) 

contain a photo that accurately depicts 

the individual’s current facial 

appearance; and (4) bear the name of the 

issuing authority.4 Additionally, the 

individual must be under escort while 

inside a secure area. 

C. Explanation of Amendments 

CBP has determined that the MTSA 

and the implementing regulations, as 

discussed above, require conforming 

technical corrections to 19 CFR 4.1. 

Current § 4.1 prescribes the procedures 

regarding the boarding of vessels 

arriving at a CBP port and permits the 

CBP port director to grant unescorted 

access to these vessels to certain 

unscreened parties. Section 4.1(c) 

allows a port director to use his or her 

discretion to issue passes (referred to as 

cutter passes) on ‘‘Customs Form 3093’’ 

to allow certain persons to board 

incoming vessels. Section 4.1(f) allows a 

port director to use his or her discretion 

to issue term cutter and dock passes to 

persons on official business and certain 

news reporters and newspaper 

photographers for a period not to exceed 

one year. These provisions, which allow 

unescorted access to these vessels 

contradict the maritime security 

measures for access control required by 

the MTSA, the SAFE Port Act, and the 

implementing Coast Guard regulations 

mentioned above. In fact, CBP has not 

used Customs Form 3093 or issued 

cutter and dock passes for many years. 

Rather, CBP determines vessel access 

according to the applicable Coast Guard 

regulations. This technical correction 

updates the CBP regulations to conform 

to the current requirements and updates 

outdated terminology. 

Specifically, CBP is amending 19 CFR 

4.1 by: 

(1) Removing the obsolete reference to 

cutter and dock passes from the section 

heading; 

(2) Revising the entire section to 

reflect that ‘‘Customs’’ is now known as 

‘‘CBP’’; 

(3) Amending paragraph (c) by 

removing the obsolete language 

regarding cutter passes and Customs 

Form 3093 and by revising the 

paragraph to cross-reference the relevant 

Coast Guard regulations; 

(4) Deleting the previously reserved 

paragraph (e); and 

(5) Deleting the obsolete paragraph (f). 

CBP is also abolishing the Customs 

Form 3093. 

II. Statutory and Regulatory 

Requirements 

A. Inapplicability of Notice and Delayed 

Effective Date Requirements 

Because the technical corrections set 

forth in this document merely conform 

the regulatory text to existing law and 

update terminology, this document 

neither imposes additional burdens on 

nor takes away any existing rights or 

privileges from the public. Therefore, 

CBP finds that good cause exists for 

dispensing with notice and public 

procedure as unnecessary under 5 

U.S.C. 553(b)(B). For this same reason, 

pursuant to 5 U.S.C. 553(d)(3), CBP 

finds that good cause exists for 

dispensing with the requirement for a 

delayed effective date. 

B. Regulatory Flexibility Act 

Because this document is not subject 

to the notice and public procedure 

requirements of 5 U.S.C. 553, it is not 

subject to the provisions of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

C. Executive Orders 12866 and 13563 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, as supplemented 

by Executive Order 13563. The change 

is intended to remove obsolete 

discretionary provisions from the 

regulations to conform to existing law 

and update terminology. There are no 

new costs to the public associated with 

this rule. Accordingly, this rule has not 

been reviewed by the Office of 

Management and Budget. 

D. Signing Authority 

The signing authority for this 

document falls under 19 CFR 0.2(a) 

because the Secretary of Homeland 

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70464 Federal Register / Vol. 79, No. 228 / Wednesday, November 26, 2014 / Rules and Regulations 

Security has authority to regulate the 

boarding of vessels. The Secretary of 

Homeland Security has designated the 

Commissioner of U.S. Customs and 

Border Protection as the signatory on 

this technical amendment. 

List of Subjects in 19 CFR Part 4 

Customs duties and inspection, 

Exports, Freight, Harbors, Maritime 

carriers, Reporting and recordkeeping 

requirements, Vessels. 

Amendments to Regulations 

For the reasons stated in the 

preamble, part 4 of title 19 of the Code 

of Federal Regulations is amended as set 

forth below: 

PART 4—VESSELS IN FOREIGN AND 

DOMESTIC TRADES 

■ 1. The general authority citation for 

part 4 continues and the specific 

authority citation for § 4.1 is revised to 

read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 

1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. 

70105. 

Section 4.1 also issued under 19 U.S.C. 

1581(a); 46 U.S.C. 60101; 46 U.S.C. 70105. 

* * * * * 

■ 2. Section 4.1 is amended as follows: 

■ a. Revise the section heading; 

■ b. Amend paragraphs (a) and (b) by 

removing the word ‘‘Customs’’ and 

adding in its place ‘‘CBP’’, except where 

the word ‘‘Customs’’ is followed by the 

word ‘‘territory’’ or ‘‘formality’’, and 

where the word ‘‘Customs’’ is followed 

by the word ‘‘territory’’ or ‘‘formality’’, 

removing the word ‘‘Customs’’ and 

adding in its place ‘‘customs’’; 

■ c. Revise paragraph (c); and 

■ d. Remove paragraphs (e) and (f). 

The revision reads as follows: 

§ 4.1 Boarding of vessels. 

* * * * * 

(c) Persons seeking to board an 

incoming vessel after it has been 

inspected by the quarantine authorities 

and taken in charge by a CBP officer 

must comply with any applicable Coast 

Guard regulations regarding the 

Transportation Worker Identification 

Credential (TWIC)/personal 

identification requirements as 

prescribed in 33 CFR 101.105 and 

101.514–515. 

* * * * * 

Dated: November 20, 2014. 

R. Gil Kerlikowske, 

Commissioner. 

[FR Doc. 2014–28010 Filed 11–25–14; 8:45 am] 

BILLING CODE 9111–14–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[TD 9705] 

RIN 1545–BL91 

Minimum Essential Coverage and 

Other Rules Regarding the Shared 

Responsibility Payment for Individuals 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Final regulations. 

SUMMARY: This document contains final 

regulations relating to the requirement 

to maintain minimum essential coverage 

enacted by the Patient Protection and 

Affordable Care Act and the Health Care 

and Education Reconciliation Act of 

2010, as amended by the TRICARE 

Affirmation Act and Public Law 111– 

173 (collectively, the Affordable Care 

Act). These final regulations provide 

individual taxpayers with guidance 

under section 5000A of the Internal 

Revenue Code on the requirement to 

maintain minimum essential coverage 

and rules governing certain types of 

exemptions from that requirement. 

DATES: Effective Date: These regulations 

are effective on November 26, 2014. 

Applicability Date: For date of 

applicability, see § 1.5000A–5(c). 

FOR FURTHER INFORMATION CONTACT: SueJean Kim or John B. Lovelace at (202) 

317–7006 (not a toll-free number). 

SUPPLEMENTARY INFORMATION: 

Background 

This document contains final 

regulations that amend the Income Tax 

Regulations (26 CFR part 1) under 

section 5000A relating to the individual 

shared responsibility provision. Section 

5000A was enacted by the Affordable 

Care Act. Section 5000A generally 

requires individuals to have qualifying 

health care coverage (called minimum 

essential coverage), qualify for a health 

coverage exemption, or make a shared 

responsibility payment when filing a 

Federal income tax return. On January 

27, 2014, a notice of proposed 

rulemaking (REG–141036–13) was 

published in the Federal Register (79 

FR 4302). 

Written comments responding to the 

notice of proposed rulemaking of 

January 27, 2014, were received. The 

comments are available for public 

inspection at www.regulations.gov or on 

request. No public hearing was 

requested or held. After considering all 

the comments, the proposed regulations 

are adopted as revised by this Treasury 

decision. The comments and revisions 

are discussed in the preamble. 

As described in the Summary of 

Comments and Explanation of 

Revisions, in related guidance, Notice 

2014–76, 2014–50 IRB (available at 

www.irs.gov) (see § 601.601(d)), the 

Treasury Department and the IRS 

provide a comprehensive list of the 

hardship exemptions that may be 

claimed for 2014 on a Federal income 

tax return without obtaining a hardship 

exemption certification from a Health 

Insurance Marketplace (Marketplace). 

Summary of Comments and 

Explanation of Revisions 

I. Minimum Essential Coverage 

A. Coverage for the Medically Needy 

The proposed regulations provide that 

certain categories of Medicaid coverage 

authorized under Title XIX of the Social 

Security Act (42 U.S.C. 1396 and 

following sections) that are not required 

to be comprehensive are not generally 

government-sponsored minimum 

essential coverage under section 

5000A(f)(1). Specifically, under the 

proposed regulations, coverage offered 

to individuals with high medical 

expenses who would be eligible for 

Medicaid but for their income level 

(medically needy individuals) (see 

section 1902(a)(10)(C) of the Social 

Security Act (42 U.S.C. 1936a(a)(10)(C))) 

generally is not minimum essential 

coverage. Commenters agreed that 

Medicaid coverage for medically needy 

individuals that is not comprehensive 

should not be minimum essential 

coverage. The final regulations retain 

the rule in proposed regulations that 

Medicaid coverage for medically needy 

individuals is not governmentsponsored minimum essential coverage 

under section 5000A(f)(1)(A). 

The preamble to the proposed 

regulations explains that although 

Medicaid coverage offered to medically 

needy individuals generally is not 

minimum essential coverage, the 

Secretary of Health and Human 

Services, in coordination with the 

Secretary of the Treasury, may in 

appropriate circumstances designate 

certain coverage for medically needy 

individuals as minimum essential 

coverage pursuant to section 

5000A(f)(1)(E). Some commenters 

suggested that the determination of 

whether a particular state’s program for 

medically needy individuals is 

comprehensive, and therefore should be 

recognized as minimum essential 

coverage, should be based on whether 

the program offers the essential health 

benefits required by the Affordable Care 

Act for coverage in the individual and 

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