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DHS/USCG RIN: 1625-AC15 Publication ID: Fall 2016 
Title: Seafarers' Access to Maritime Facilities  
Abstract:

This regulatory action will implement section 811 of the Coast Guard Authorization Act of 2010 (Pub. L. 111-281), which requires the owner/operator of a facility regulated by the Coast Guard under the Maritime Transportation Security Act of 2002 (Pub. L. 107-295) (MTSA) to provide a system that enables seafarers and certain other individuals to transit between vessels moored at the facility and the facility gate in a timely manner at no cost to the seafarer or other individual. Ensuring that such access through a facility is consistent with the security requirements in MTSA is part of the Coast Guard's Ports, Waterways, and Coastal Security (PWCS) mission.

 
Agency: Department of Homeland Security(DHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 33 CFR 101.112(b)    33 CFR 105.200    33 CFR 105.237    33 CFR 105.405   
Legal Authority: 33 U.S.C. 1226    33 U.S.C. 1231    Pub. L. 111-281, sec 811   
Legal Deadline:  None

Statement of Need:

The Coast Guard's final rule would require each owner or operator of a facility regulated by the Coast Guard to implement a system that provides seafarers and other individuals with access between vessels moored at the facility and the facility gate, in a timely manner and at no cost to the seafarer or other individual. Generally, transiting through a facility is the only way that a seafarer or other individual can egress to shore beyond the facility to access basic shoreside businesses and services, and meet with family members and other personnel that do not hold a Transportation Worker Identification Credential. This proposed rule would help to ensure that no facility owner or operator denies or makes it impractical for seafarers or other individuals to transit through the facility, and would require them to document their access procedures in their Facility Security Plans. This final rule would implement section 811 of the Coast Guard Authorization Act of 2010.

Summary of the Legal Basis:

Alternatives:

Anticipated Costs and Benefits:

We estimate that, as a result of this rulemaking, owners or operators of a facility regulated by the Coast Guard would incur additional annualized costs, discounted at 7 percent, of $2.82 million. We estimate the annualized cost, discounted at 7 percent, to government of $8,000 for a total annualized cost of $2.83 million. Owners and operators of a facility regulated by the Coast Guard will incur costs to implement a system that provides seafarers and other individuals with access between the shore and vessels moored at the facility. We believe that the rule based on Congressional mandates will provide access through facilities for an average of 907 seafarers and other covered individuals that were otherwise denied access annually, thus ensuring the safety, health and welfare of seafarers. The rule will also reduce regulatory uncertainty by harmonizing regulations with Sec. 811 of Pub. L. 111281 and conforms to the intent of the ISPS Code.

Risks:

Timetable:
Action Date FR Cite
NPRM  12/29/2014  79 FR 77981   
NPRM Comment Period Reopened  05/27/2015  80 FR 30189   
NPRM Comment Period End  07/01/2015 
Final Rule  08/00/2017 
Additional Information: Includes Retrospective Review under Executive Order 13563.
Regulatory Flexibility Analysis Required: Yes  Government Levels Affected: None 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: Yes 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: Yes 
Agency Contact:
LCDR Kevin McDonald
Project Manager
Department of Homeland Security
U.S. Coast Guard
2703 Martin Luther King Jr. Avenue, SE., Commandant (CG-FAC-2), STOP 7501,
Washington, DC 20593-7501
Phone:202 372-1168
Email: kevin.j.mcdonald@uscg.mil