[Federal Register Volume 73, Number 94 (Wednesday, May 14, 2008)]
[Proposed Rules]
[Pages 27778-27783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-10707]


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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.

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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 [email protected] 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 [email protected], or Lieutenant 
Commander Jonathan H. Maiorine, U.S. Coast Guard Office of Port and 
Facility Activities, telephone 202-372-1133 and e-mail address 
[email protected]. 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