Coast Guard Organization; Activities Europe, 35816-35818 [E6-9864]

Download as PDF 35816 Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Rules and Regulations with the excavation of the foundation materials. A total of 23,400 cubic yards of material were excavated and disposed of in Cell Number 14 of the sanitary landfill. These activities were completed in June 1989. Operable Unit 2 The natural attenuation monitoring plan required the semiannual monitoring of seven groundwater monitoring well clusters. The ROD requires one year of meeting cleanup standards to demonstrate completion. From September 2000 until September 2003, groundwater data indicated that groundwater cleanup standards for vinyl chloride and antimony had been achieved. mstockstill on PROD1PC68 with RULES Operation and Maintenance Broward County will conduct all the Operation and Maintenance (O&M) activities at the Site. Since the Site is an officially closed landfill, the operation and maintenance requirements of the Post-Closure landfill closure permit will require the continued monitoring of the seven groundwater monitoring well clusters, maintenance of the landfill cover, stormwater/surface water management, biweekly inspection of the leachate liner, and maintenance of the sanitary landfill gas collection and control system. Additionally, the Site has been converted into a Broward County park and will be maintained accordingly. The current estimated annual operations and maintenance cost is $250,000. Five-Year Review This Site meets all the Site completion requirements as specified in Office of Solid Waste and Emergency Response (OSWER) Directive 9320.2– 09–A–P, Close Out Procedures for National Priorities List Sites. Specifically, confirmatory sampling verifies that the Site has achieved the ROD cleanup standards specified in both the OU1 and OU2 RODs, and that all cleanup actions specified in the ROD have been implemented. The only remaining activity to be performed is O&M that Broward County will conduct. Because hazardous materials remain at the Site inside the landfill above levels that allow for unlimited use and unrestricted exposure, Section 121 of CERCLA requires ongoing statutory review to be conducted no less than every five years from the start of remedial actions. The first five-year review was conducted in March 1994, and the second was conducted in May 2000. These reviews concluded that the selected remedy remains protective of human health and the environment. VerDate Aug<31>2005 15:23 Jun 21, 2006 Jkt 208001 Community Involvement Public participation activities have been satisfied as required in CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42 U.S.C. 9617. Documents in the deletion docket which EPA relied on for recommendation of the deletion from the NPL are available to the public in the information repositories. All basic requirements for public participation under CERCLA were met in both remedy selection processes. Because the Site is located in a residential area, community relations activities were focused on communication between the residents in the affected community and the government agencies. Special attention was directed toward keeping the community informed of all study results. Meetings were held with the Town of Davie officials and availability sessions were held with the community. Because the area is rapidly changing from small horse farms and agricultural to more high density residential, EPA continues to provide active community relations by publishing fact sheets and answering calls and e-mails from people who are considering purchasing a new home in the area. The EPA, with concurrence of the State of Florida, has determined that all appropriate responses under CERCLA have been completed, and that no further response actions, under CERCLA, other than O&M and five-year reviews, are necessary. Therefore, EPA is deleting the Site from the NPL. Because EPA considers this action to be noncontroversial and routine, EPA is taking it without prior publication. This action will be effective August 21, 2006 unless EPA receives adverse comments by July 24, 2006. If adverse comments are received within the 30-day public comment period, EPA will publish a timely withdrawal of this direct final notice of deletion before the effective date of the deletion and it will not take effect and, EPA will prepare a response to comments and continue with the deletion process on the basis of the notice of intent to delete and the comments already received. There will be no additional opportunity to comment. List of Subjects in 40 CFR Part 300 Environmental protection, Chemicals, Hazardous waste, Hazardous substances, Superfund, Water pollution control, Water supply. Frm 00046 Fmt 4700 40 CFR part 300 is amended as follows: I PART 300—[AMENDED] 1. The authority citation for part 300 continues to read as follows: I Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p.193. Appendix B—[Amended] 2. Table 1 of Appendix B to part 300 is amended by removing the Site Davie Landfill, Davie, Florida. I [FR Doc. 06–5595 Filed 6–21–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Part 1 [USCG–2006–24520] RIN 1625–AB03 Coast Guard Organization; Activities Europe V. Deletion Action PO 00000 Dated: June 8, 2006. A. Stanley Meiburg, Acting Regional Administrator, Region 4. Sfmt 4700 Coast Guard, DHS. Final rule. AGENCY: ACTION: SUMMARY: This rule makes nonsubstantive changes in Coast Guard regulations that describe the agency’s organization for marine safety functions, and how decisions can be appealed within the agency. The changes are necessitated by a recent organizational change that placed Activities Europe under the operational and administrative control of the Coast Guard’s Atlantic Area Command. This rule will have no substantive effect on the regulated public. DATES: This final rule is effective June 22, 2006. 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–2006–24520 and are available for inspection or copying at the Docket Management Facility, U.S. Department of Transportation, room PL– 401, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also find this docket on the Internet at http:// dms.dot.gov. E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Rules and Regulations If you have questions on this rule, call Mr. D. Skewes, Coast Guard, telephone 202– 267–0418 or e-mail DSkewes@comdt.uscg.mil. If you have questions on viewing the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone 202–493– 0402. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Regulatory Information We did not publish a Notice of Proposed Rulemaking (NPRM) for this regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard finds that this rule is exempt from notice and comment rulemaking requirements of the Administrative Procedure Act because the changes it makes involve agency organization, procedure, and practice, and are nonsubstantive. This rule consists only of organizational and conforming amendments. These changes will have no substantive effect on the public; therefore, it is unnecessary to publish an NPRM. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, good cause exists for making this rule effective less than 30 days after publication in the Federal Register. mstockstill on PROD1PC68 with RULES Discussion of the Rule A recent organizational change transferred operational and administrative control of Coast Guard Activities Europe from the Coast Guard’s Fifth District to its Atlantic Area Command and deleted ‘‘Marine Inspection Office’’ from the unit’s name. The only impact on the public is to change the route for appeals from decisions or actions of Activities Europe, from the Fifth District Commander to the Atlantic Area Commander. Existing Coast Guard marine safety regulations describe the agency’s organization and appeals process, but uses language that presupposes that all marine inspection offices are under district office control. This rule amends the regulatory language to take into account Activities Europe’s new chain of command. Regulatory Evaluation 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. We expect the economic impact of this rule to be so minimal that a full Regulatory Evaluation is unnecessary. This rule involves internal agency VerDate Aug<31>2005 15:23 Jun 21, 2006 Jkt 208001 practices and procedures and makes non-substantive changes that will not impose any costs on the public. 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. This rule does not require a general NPRM and, therefore, is exempt from the requirements of the Regulatory Flexibility Act. Although this rule is exempt, we have reviewed it for potential economic impact on small entities. This rule will have no substantive effect on the regulated public. Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). 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. 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. 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 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 35817 Interference with Constitutionally Protected Property Rights. 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. 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. 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. 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. 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 E:\FR\FM\22JNR1.SGM 22JNR1 35818 Federal Register / Vol. 71, No. 120 / Thursday, June 22, 2006 / Rules and Regulations adopted by voluntary consensus standards bodies. This rule does not use technical standards. Therefore, we did not consider the use of voluntary consensus standards. Environment We have analyzed this rule under Commandant Instruction M16475.lD and Department of Homeland Security Management Directive 5100.1, 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 there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraphs (34)(a) and (b), of the Instruction from further environmental documentation because this rule involves editorial, procedural, and internal agency functions. An ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are available in the docket where indicated under ADDRESSES. List of Subjects in 46 CFR Part 1 Administrative practice and procedure, Organization and functions (Government agencies), Reporting and recordkeeping requirements. I For the reasons discussed in the preamble, the Coast Guard amends 46 CFR part 1 as follows: PART 1—ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE SAFETY FUNCTIONS 1. The authority citation for part 1 continues to read as follows: I Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 U.S.C. Chapter 93; Public Law 107–296, 116 Stat. 2135; Department of Homeland Security Delegation No. 0170.1; § 1.01–35 also issued under the authority of 44 U.S.C. 3507. 2. Amend § 1.01–05 by adding paragraph (c) to read as follows: I § 1.01–05 part. Definitions of terms used in this * * * * (c) The term Area Commander means an officer of the Coast Guard designated as such by the Commandant to command all Coast Guard activities within an Area. mstockstill on PROD1PC68 with RULES * 3. Amend § 1.01–10 by revising paragraph (b) introductory text to read as follows: I § 1.01–10 Organization. * * * VerDate Aug<31>2005 * * 15:23 Jun 21, 2006 Jkt 208001 (b) To carry out the regulatory and enforcement aspects of marine safety, the staff officers designated in this paragraph are assigned to the Commandant. The chain of military command is directly from the Commandant to the District Commanders, except for marine safety regulatory and enforcement matters within the area of responsibility of Coast Guard Activities Europe. For Activities Europe, the chain of command is from the Commandant to the Atlantic Area Commander. The staff officers at Headquarters act only on the basis of the Commandant’s authority and direction. * * * * * § 1.01–15 [Amended] 4. Amend § 1.01–15 as follows: a. Revise paragraph (a); and I b. Revise the first sentence in paragraph (b) to read as follows: I I § 1.01–15 districts. Organization; areas and (a) To assist the District Commander, and the Atlantic Area Commander with respect to Activities Europe, in carrying out the regulatory and enforcement aspects of marine safety, there is assigned to each District Commander and to the Atlantic Area Commander a staff officer designated as Chief, Marine Safety Division. The chain of military command is from the District Commander to each Officer in Charge, Marine Inspection, within the district and from the Atlantic Area Commander to the Officer in Charge, Activities Europe. The Chief of the Marine Safety Division is a staff officer assigned to the District Commanders and Atlantic Area Commander, and acts only on the basis of the authority and direction of the District Commanders, and the Atlantic Area Commanders with respect to Activities Europe. * * * * * (b) The Officers in Charge, Marine Inspection, in the Coast Guard districts, under the supervision of the District Commanders, and the Officer in Charge, Activities Europe, under the supervision of the Atlantic Area Commander are in charge of the marine inspection offices in the various ports and have command responsibilities with assigned marine safety zones for the performance of duties with respect to the inspection, enforcement and administration of navigation and vessel inspection laws, and rules and regulations governing marine safety. * * * * * * * * I 5. Amend § 1.01–25 by revising paragraph (b) to read as follows: PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 § 1.01–25 General flow of functions. * * * * * (b)(1) The general course and method by which the functions (other than those dealing with suspension and revocation of licenses, certificates or documents described in paragraph (c) of this section) concerning marine safety activities are channeled, begins with the Officer in Charge, Marine Inspection, at the local Marine Safety Office. From this Officer the course is to the Chief, Marine Safety Division, on the staff of the District Commander, and then to the District Commander. From the District Commander, the course is to the Chief of one of the offices with Marine Safety and Environmental Protection at Headquarters. (2) For Activities Europe, the course is from the Officer in Charge, Activities Europe to the staff of the Atlantic Area Commander, then to the Atlantic Area Commander, and then to the Chief of one of the offices with Marine Safety and Environmental Protection at Headquarters. * * * * * 6. Section 1.03–20 is revised to read as follows: I § 1.03–20 Appeals from decisions or actions of an OCMI. Any person directly affected by a decision or action of an OCMI may, after requesting reconsideration of the decision or action by the cognizant OCMI, make a formal appeal of that decision or action, via the office of the cognizant OCMI, to the District Commander of the district in which the office of the cognizant OCMI is located, or in the case of the Officer in Charge, Activities Europe, to the Atlantic Area Commander, in accordance with the procedures contained in § 1.03–15 of this subpart. Dated: June 16, 2006. S.G. Venckus, Chief, Office of Regulations and Administrative Law, United States Coast Guard. [FR Doc. E6–9864 Filed 6–21–06; 8:45 am] BILLING CODE 4910–15–P E:\FR\FM\22JNR1.SGM 22JNR1

Agencies

[Federal Register Volume 71, Number 120 (Thursday, June 22, 2006)]
[Rules and Regulations]
[Pages 35816-35818]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-9864]


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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 1

[USCG-2006-24520]
RIN 1625-AB03


Coast Guard Organization; Activities Europe

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: This rule makes non-substantive changes in Coast Guard 
regulations that describe the agency's organization for marine safety 
functions, and how decisions can be appealed within the agency. The 
changes are necessitated by a recent organizational change that placed 
Activities Europe under the operational and administrative control of 
the Coast Guard's Atlantic Area Command. This rule will have no 
substantive effect on the regulated public.

DATES: This final rule is effective June 22, 2006.

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-2006-24520 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays. You may also find this docket on the Internet at http://
dms.dot.gov.

[[Page 35817]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Mr. D. Skewes, Coast Guard, telephone 202-267-0418 or e-mail 
DSkewes@comdt.uscg.mil. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-493-0402.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a Notice of Proposed Rulemaking (NPRM) for this 
regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard 
finds that this rule is exempt from notice and comment rulemaking 
requirements of the Administrative Procedure Act because the changes it 
makes involve agency organization, procedure, and practice, and are 
non-substantive. This rule consists only of organizational and 
conforming amendments. These changes will have no substantive effect on 
the public; therefore, it is unnecessary to publish an NPRM. Under 5 
U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register.

Discussion of the Rule

    A recent organizational change transferred operational and 
administrative control of Coast Guard Activities Europe from the Coast 
Guard's Fifth District to its Atlantic Area Command and deleted 
``Marine Inspection Office'' from the unit's name. The only impact on 
the public is to change the route for appeals from decisions or actions 
of Activities Europe, from the Fifth District Commander to the Atlantic 
Area Commander. Existing Coast Guard marine safety regulations describe 
the agency's organization and appeals process, but uses language that 
presupposes that all marine inspection offices are under district 
office control. This rule amends the regulatory language to take into 
account Activities Europe's new chain of command.

Regulatory Evaluation

    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. We expect the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary. 
This rule involves internal agency practices and procedures and makes 
non-substantive changes that will not impose any costs on the public.

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. 
This rule does not require a general NPRM and, therefore, is exempt 
from the requirements of the Regulatory Flexibility Act. Although this 
rule is exempt, we have reviewed it for potential economic impact on 
small entities. This rule will have no substantive effect on the 
regulated public. Therefore, the Coast Guard certifies under 5 U.S.C. 
605(b) that this rule will not have a significant economic impact on a 
substantial number of small entities.

Collection of Information

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

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.

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.

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.

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.

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.

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.

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.

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

[[Page 35818]]

adopted by voluntary consensus standards bodies. This rule does not use 
technical standards. Therefore, we did not consider the use of 
voluntary consensus standards.

Environment

    We have analyzed this rule under Commandant Instruction M16475.lD 
and Department of Homeland Security Management Directive 5100.1, 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 there are no factors in this case that would limit the use of a 
categorical exclusion under section 2.B.2 of the Instruction. 
Therefore, this rule is categorically excluded, under figure 2-1, 
paragraphs (34)(a) and (b), of the Instruction from further 
environmental documentation because this rule involves editorial, 
procedural, and internal agency functions. An ``Environmental Analysis 
Check List'' and a ``Categorical Exclusion Determination'' are 
available in the docket where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 1

    Administrative practice and procedure, Organization and functions 
(Government agencies), Reporting and recordkeeping requirements.

0
For the reasons discussed in the preamble, the Coast Guard amends 46 
CFR part 1 as follows:

PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE 
SAFETY FUNCTIONS

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

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 
U.S.C. Chapter 93; Public Law 107-296, 116 Stat. 2135; Department of 
Homeland Security Delegation No. 0170.1; Sec.  1.01-35 also issued 
under the authority of 44 U.S.C. 3507.


0
2. Amend Sec.  1.01-05 by adding paragraph (c) to read as follows:


Sec.  1.01-05  Definitions of terms used in this part.

* * * * *
    (c) The term Area Commander means an officer of the Coast Guard 
designated as such by the Commandant to command all Coast Guard 
activities within an Area.


0
3. Amend Sec.  1.01-10 by revising paragraph (b) introductory text to 
read as follows:


Sec.  1.01-10  Organization.

* * * * *
    (b) To carry out the regulatory and enforcement aspects of marine 
safety, the staff officers designated in this paragraph are assigned to 
the Commandant. The chain of military command is directly from the 
Commandant to the District Commanders, except for marine safety 
regulatory and enforcement matters within the area of responsibility of 
Coast Guard Activities Europe. For Activities Europe, the chain of 
command is from the Commandant to the Atlantic Area Commander. The 
staff officers at Headquarters act only on the basis of the 
Commandant's authority and direction.
* * * * *


Sec.  1.01-15  [Amended]

0
4. Amend Sec.  1.01-15 as follows:
0
a. Revise paragraph (a); and
0
b. Revise the first sentence in paragraph (b) to read as follows:


Sec.  1.01-15  Organization; areas and districts.

    (a) To assist the District Commander, and the Atlantic Area 
Commander with respect to Activities Europe, in carrying out the 
regulatory and enforcement aspects of marine safety, there is assigned 
to each District Commander and to the Atlantic Area Commander a staff 
officer designated as Chief, Marine Safety Division. The chain of 
military command is from the District Commander to each Officer in 
Charge, Marine Inspection, within the district and from the Atlantic 
Area Commander to the Officer in Charge, Activities Europe. The Chief 
of the Marine Safety Division is a staff officer assigned to the 
District Commanders and Atlantic Area Commander, and acts only on the 
basis of the authority and direction of the District Commanders, and 
the Atlantic Area Commanders with respect to Activities Europe.
* * * * *
    (b) The Officers in Charge, Marine Inspection, in the Coast Guard 
districts, under the supervision of the District Commanders, and the 
Officer in Charge, Activities Europe, under the supervision of the 
Atlantic Area Commander are in charge of the marine inspection offices 
in the various ports and have command responsibilities with assigned 
marine safety zones for the performance of duties with respect to the 
inspection, enforcement and administration of navigation and vessel 
inspection laws, and rules and regulations governing marine safety. * * 
*
* * * * *

0
5. Amend Sec.  1.01-25 by revising paragraph (b) to read as follows:


Sec.  1.01-25  General flow of functions.

* * * * *
    (b)(1) The general course and method by which the functions (other 
than those dealing with suspension and revocation of licenses, 
certificates or documents described in paragraph (c) of this section) 
concerning marine safety activities are channeled, begins with the 
Officer in Charge, Marine Inspection, at the local Marine Safety 
Office. From this Officer the course is to the Chief, Marine Safety 
Division, on the staff of the District Commander, and then to the 
District Commander. From the District Commander, the course is to the 
Chief of one of the offices with Marine Safety and Environmental 
Protection at Headquarters.
    (2) For Activities Europe, the course is from the Officer in 
Charge, Activities Europe to the staff of the Atlantic Area Commander, 
then to the Atlantic Area Commander, and then to the Chief of one of 
the offices with Marine Safety and Environmental Protection at 
Headquarters.
* * * * *

0
6. Section 1.03-20 is revised to read as follows:


Sec.  1.03-20  Appeals from decisions or actions of an OCMI.

    Any person directly affected by a decision or action of an OCMI 
may, after requesting reconsideration of the decision or action by the 
cognizant OCMI, make a formal appeal of that decision or action, via 
the office of the cognizant OCMI, to the District Commander of the 
district in which the office of the cognizant OCMI is located, or in 
the case of the Officer in Charge, Activities Europe, to the Atlantic 
Area Commander, in accordance with the procedures contained in Sec.  
1.03-15 of this subpart.

    Dated: June 16, 2006.
S.G. Venckus,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
 [FR Doc. E6-9864 Filed 6-21-06; 8:45 am]
BILLING CODE 4910-15-P