Mariner Licensing and Documentation Program Restructuring and Centralization, 48480-48483 [E6-13532]
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48480
Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Rules and Regulations
unlikely event that conditions at the site
warrant such action. Section
300.425(e)(3) of the NCP states that
Fund-financed actions may be taken at
sites deleted from the NPL. Deletion of
a site from the NPL does not affect
responsible party liability or impede
agency efforts to recover costs
associated with response efforts.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: August 11, 2006.
Keith Takata,
Acting Regional Administrator, Region 9.
For the reasons set out in the
preamble, 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: 42 U.S.C. 9601–9657; 33 U.S.C.
1321(c)(2); 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 entry for
the ‘‘T. H. Agriculture & Nutrition Co.’’
site in Fresno, Fresno County,
California.
I
[FR Doc. E6–13745 Filed 8–18–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
46 CFR Parts 1, 5, 10, 12 and 13
[USCG–2006–25535]
RIN 1625–ZA09
Mariner Licensing and Documentation
Program Restructuring and
Centralization
Coast Guard, DHS.
Technical amendment.
AGENCY:
ACTION:
This technical amendment
authorizes the Commanding Officer,
National Maritime Center, to perform
certain mariner credentialing functions
in addition to Officers in Charge, Marine
Inspection, who currently perform those
functions. At the end of a transitional
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SUMMARY:
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period, most credentialing functions
will be consolidated at a centralized
location. The amendment also makes
technical changes to the mariner
credentialing appellate process. This
rule is organizational in nature and will
have no substantive effect on the
regulated public. The amendment also
will have no effect on any other Coast
Guard regulatory projects or policy
initiatives.
DATES: These changes are effective
September 20, 2006.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call
Gerald Miante, Project Manager,
Maritime Personnel Qualifications
Division (G–PSO–1), U.S. Coast Guard,
telephone 202–372–1407. If you have
questions on viewing the docket, call
Ms. Renee V. Wright, Program Manager,
Docket Operations, telephone 202–493–
0402.
SUPPLEMENTARY INFORMATION:
Regulatory History
We did not publish a notice of
proposed rulemaking (NPRM) for this
amendment. Under 5 U.S.C. 553(b)(A),
the Coast Guard finds that this technical
amendment is exempt from notice and
comment rulemaking requirements
because the amendment only makes
non-substantive changes involving
internal rules of agency organization,
procedure, and practice. These changes
will have no substantive effect on the
public; therefore, it is unnecessary and
impractical to publish an NPRM.
Background and Purpose
Mariner credentialing functions are
currently performed at the Regional
Examination Centers (RECs). The Coast
Guard is authorizing the Commanding
Officer, National Maritime Center
(NMC) to perform these functions in
addition to the Officers in Charge,
Marine Inspection (OCMIs). This is the
first step in an incremental restructuring
and centralization plan that will
eventually streamline the RECs and
bring them under the authority of the
NMC. During implementation of this
plan, some REC credentialing functions
will be gradually transferred to the
NMC, and some OCMIs will continue to
have authority to issue credentials.
When the restructuring and
centralization is complete, the Coast
Guard will notify the public in the
Federal Register that the NMC will
make decisions on applications and
authorize the issuance of mariner
credentials. The NMC will also be the
central location for mariner records and
a processing point for associated fees.
RECs will remain open and continue to
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assist mariners to complete
applications, take fingerprints, verify
mariners’ citizenship and identities,
administer examinations, administer
oaths, and conduct oversight for
approved courses.
These future changes are designed to
improve service to mariners and address
national security concerns. The
restructuring and centralization will: (1)
Enhance security by implementing
consolidated system controls for the
credentialing process; (2) improve the
consistency of information, procedures,
and mariner evaluations; and (3)
improve program efficiencies and
customer service through economies of
scale and increased use of technology.
Discussion of the Amendment
Title 46 of the Code of Federal
Regulations (46 CFR) is being amended
to authorize the Commanding Officer of
the NMC, in addition to the OCMIs, to
perform mariner credentialing
functions. The NMC will begin phasing
in the transfer of these functions from
the OCMIs when facilities for the new
centralized NMC become operational.
Additionally, this amendment
establishes a single final administrative
appellate authority for all appeals
concerning mariner credentialing. In
§ 12.02–3, the term ‘‘merchant mariner’s
documents’’ has been substituted for
‘‘certificates of identification,
certificates of service, certificates of
efficiency, and continuous discharge
books’’ because the Coast Guard no
longer issues the latter documents.
These technical and organizational
changes do not change any substantive
requirements of existing regulations.
Further, this amendment will have no
effect on any Coast Guard regulatory
projects or policy initiatives, including
Merchant Marine Credentials, Docket
No. USCG–2006–24371, Transportation
Worker Identification Credential, Docket
Nos. USCG–2006–24196 and TSA–
2006–24191, Validation of Merchant
Mariners’ Vital Information and
Issuance of Coast Guard Merchant
Mariner’s Documents, Docket No.
USCG–2003–14500, and Validation of
Merchant Mariners’ Vital Information
and Issuance of Coast Guard Merchant
Mariners’ Licenses and Certificates of
Registry, Docket No. USCG–2004–
17455.
Regulatory Evaluation
This amendment 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
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Budget (OMB) 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
necessary. Because this amendment
only authorizes the NMC to perform
mariner credentialing functions and
reorganizes the administrative appellate
procedure, it 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 amendment 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.
It is not expected that this amendment
will have a significant economic impact
on any small entities. Therefore, the
Coast Guard certifies under 5 U.S.C.
605(b) that this technical amendment
will not have a significant economic
impact on a substantial number of small
entities.
Collection of Information
This amendment calls for no new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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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 amendment 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 amendment will not result
in such an expenditure, we do discuss
the effects of this amendment elsewhere
in this preamble.
Taking of Private Property
This amendment will not affect a
taking of private property or otherwise
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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 amendment
under Executive Order 13045,
Protection of Children from
Environmental Health Risks and Safety
Risks. This amendment is not an
economically significant rule and does
not concern an environmental risk to
health or safety that may
disproportionately affect children.
Indian Tribal Governments
This amendment 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
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48481
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 amendment 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,
which guides 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, paragraph (34)(b), of the
Instruction from further environmental
documentation. Paragraph (34)(b)
excludes regulatory actions concerning
internal agency functions or
organization, such as delegation of
authority. Under figure 2–1, paragraph
(34)(b), of the Instruction, an
Environmental Analysis Check List and
a Categorical Exclusion Determination
are not required for this technical
amendment.
List of Subjects
46 CFR Part 1
Administrative practice and
procedure, Organization and functions
(Government agencies), Reporting and
recordkeeping requirements.
46 CFR Part 5
Administrative practice and
procedure, Alcohol abuse, Drug abuse,
Investigations, Seamen.
46 CFR Part 10
Penalties, Reporting and
recordkeeping requirements, Schools,
Seamen.
46 CFR Part 12
Penalties, Reporting and
recordkeeping requirements, Seamen.
46 CFR Part 13
Cargo vessels, Reporting and
recordkeeping requirements, Seamen.
I For the reasons set forth in the
preamble, the Coast Guard amends 46
CFR parts 1, 5, 10, 12 and 13 as follows:
PART 1—ORGANIZATION, GENERAL
COURSE AND METHODS GOVERNING
MARINE SAFETY FUNCTIONS
1. The authority citation for 46 CFR
part 1 continues to read as follows:
I
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Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Rules and Regulations
Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46
U.S.C. 7701; 46 U.S.C. Chapter 93; Pub. L.
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. In § 1.01–15, revise the section
heading, remove the NOTE following
paragraph (b), re-designate paragraph (c)
as paragraph (d), revise newly
redesignated paragraph (d), and add a
new paragraph (c) to read as follows:
I
§ 1.01–15 Organization; Districts; National
Maritime Center.
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(c) The Commanding Officer of the
National Maritime Center has been
designated and delegated to give
direction to Coast Guard activities
relating to marine safety functions
consisting of the licensing,
credentialing, certificating, shipment
and discharge of seamen; referring to the
processing of Regional Examination
Center (REC) or cognizant OCMI
violations of law, negligence,
misconduct, unskillfulness,
incompetence or misbehavior of persons
applying for or holding merchant
mariner’s documents, licenses,
certificates or credentials issued by the
Coast Guard; suspension or withdrawal
of course approvals; and recommending
possible suspension or revocation under
46 U.S.C. Chapter 77 of licenses,
credentials, certificates and merchant
mariner’s documents. Applicants for
merchant mariner’s documents,
licenses, certificates or credentials may
apply to the Coast Guard National
Maritime Center or any of the Regional
Examination Centers. Applicants may
contact the National Maritime Center at
4200 Wilson Boulevard, Suite 630,
Arlington, Virginia 22203–1804, or by
telephone at 202–493–1002. A list of
Regional Examination Locations is
available through the Coast Guard Web
site at https://www.uscg.mil.
(d) For descriptions of Coast Guard
districts and marine inspection zones,
see 33 CFR part 3.
I 3. Revise § 1.03–15(h)(3) and (h)(4) to
read as follows:
§ 1.03–15
General.
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(h) * * *
(3) Commandant (G–PC), for all
appeals involving suspension or
withdrawal of course approvals, and all
marine personnel issues that are
appealed from the National Maritime
Center or from an OCMI through a
District Commander;
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(4) Commandant (G–PSE), for appeals
involving the recognition of a
classification society; or
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I 4. Revise § 1.03–45 to read as follows:
§ 1.03–45 Appeals from decisions or
actions of the National Maritime Center.
Any person directly affected by a
decision or action of an officer or
employee of the National Maritime
Center (NMC) involving any of the
marine safety functions listed in § 1.01–
15(c) of this subpart may, after
requesting reconsideration of the
decision or action by the NMC, make a
formal appeal of that decision or action,
via the NMC, to the Director of
Inspection and Compliance,
Commandant (G–PC), in accordance
with the procedures contained in
§ 1.03–15 of this subpart. The decision
of the Director of Inspection and
Compliance, Commandant (G–PC), on
such an appeal will constitute final
agency action.
PART 5—MARINE INVESTIGATION
REGULATIONS—PERSONNEL ACTION
5. The authority citation for 46 CFR
part 5 continues to read as follows:
I
Authority: 46 U.S.C. 2103, 7101, 7301,
7701; Department of Homeland Security
Delegation No. 0170.1.
I 6. In Subpart B—Definitions, add new
46 CFR 5.11 to read as follows:
§ 5.11 Officer in Charge, Marine
Inspection.
Officer in Charge, Marine Inspection
(OCMI) for the purposes of part 5 means
the officer or individual so designated at
one of the Regional Examination
Centers, or any person so designated by
the Commandant.
I 7. Revise 46 CFR 5.15 to read as
follows:
§ 5.15
Investigating Officer.
An investigating officer is a Coast
Guard official designated by the
Commandant, a District Commander, or
the Officer in Charge, Marine
Inspection, for the purpose of
conducting investigations of marine
casualties or matters pertaining to the
conduct of persons applying for or
holding merchant mariner’s documents,
licenses, certificates or credentials
issued by the Coast Guard. An Officer in
Charge, Marine Inspection is an
investigating officer without further
designation.
PART 10—LICENSING OF MARITIME
PERSONNEL
8. The authority citation for 46 CFR
part 10 continues to read as follows:
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Authority: 14 U.S.C. 633; 31 U.S.C. 9701;
46 U.S.C. 2101, 2103, and 2110; 46 U.S.C.
chapter 71; 46 U.S.C. 7502, 7505, 7701, and
8906; Executive Order 10173; Department of
Homeland Security Delegation No. 0170.1.
Section 10.107 is also issued under the
authority of 44 U.S.C. 3507.
9. In 46 CFR 10.103 revise the
definition of Officer in Charge, Marine
Inspection (OCMI) to read as follows:
I
§ 10.103
part.
Definitions of terms used in this
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*
*
*
Officer in Charge, Marine Inspection
(OCMI) for the purposes of part 10
means the officer or individual so
designated at one of the Regional
Examination Centers, or any person so
designated by the Commandant.
*
*
*
*
*
I 11. Revise 46 CFR 10.105(a) to read as
follows:
§ 10.105
Applications.
(a) Applicants for merchant mariner’s
documents, licenses, certificates or
credentials may apply to the Coast
Guard National Maritime Center or any
of the Regional Examination Centers.
Applicants may contact the National
Maritime Center at 4200 Wilson
Boulevard, Suite 630, Arlington,
Virginia 22203–1804, or by telephone at
202–493–1002. A list of Regional
Examination Locations is available
through the Coast Guard Web site at
https://www.uscg.mil.
*
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*
*
*
PART 12—CERTIFICATION OF
SEAMEN
12. The authority citation for part 12
continues to read as follows:
I
Authority: 31 U.S.C. 9701; 46 U.S.C. 2101,
2103, 2110, 7301, 7302, 7503, 7505, 7701;
Department of Homeland Security Delegation
No. 0170.1.
I 13. Amend 46 CFR 12.01–6 to add, in
alphabetical order, the following
definition:
§ 12.01–6
part.
Definitions of terms used in this
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*
*
*
*
Officer in Charge, Marine Inspection
(OCMI) for the purposes of part 12
means the officer or individual so
designated at one of the Regional
Examination Centers, or any person so
designated by the Commandant.
*
*
*
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*
I 14. Revise 46 CFR 12.01–7 to read as
follows:
§ 12.01–7
Where to apply.
Applicants for licenses or certification
may apply to the Coast Guard National
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Maritime Center or any of the Regional
Examination Centers. Applicants may
contact the National Maritime Center at
4200 Wilson Boulevard, Suite 630,
Arlington, Virginia 22203–1804, or by
telephone at 202–493–1002. A list of
Regional Examination Locations is
available through the Coast Guard Web
site at https://www.uscg.mil.
I 15. Revise § 12.02–3(a) to read as
follows:
§ 12.02–3
Where documents are issued.
(a) Merchant mariner’s documents
may be issued to qualified applicants at
the National Maritime Center or at any
Regional Examination Center during
usual business hours.
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PART 13—CERTIFICATION OF
TANKERMEN
ACTION:
Correction to a final rule.
SUMMARY: This document contains a
correction to the final regulations which
were published Wednesday, August 9,
2006. Those regulations established a
number of requirements to improve
enforceability and monitoring in the reef
fish fishery in the Gulf of Mexico.
The corrected effective date for
regulations concerning §§ 622.4(h)(1)
and 635.4(m)(1) published August 9,
2006, at 71 FR 45428 is October 1, 2006.
DATES:
Rod
Dalton, telephone 727–824–5305; fax
727–824–5308; e-mail
Rod.Dalton@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
16. The authority citation for part 13
continues to read as follows:
I
Background
Authority: 46 U.S.C. 3703, 7317, 8105,
8703, 9102; Department of Homeland
Security Delegation No. 0170.1.
17. In 46 CFR 13.103, revise the
definition of Officer in Charge, Marine
Inspection (OCMI) to read as follows:
I
§ 13.103
Atmospheric Administration (NOAA),
Commerce.
Definitions.
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*
Officer in Charge, Marine Inspection
(OCMI) for the purposes of part 13
means the officer or individual so
designated at one of the Regional
Examination Centers, or any person so
designated by the Commandant.
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*
Dated: August 11, 2006.
Steve Venckus,
Chief, Office of Regulations and
Administrative Law, Office of the Judge
Advocate General, U.S. Coast Guard.
[FR Doc. E6–13532 Filed 8–18–06; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
The final regulations that are the
subject of this correction were
published Wednesday, August 9, 2006,
(71 FR 45428), [Docket No. 060425111–
6205–02]. The final regulations
established measures to improve
enforceability and monitoring of the reef
fish fishery in the Gulf of Mexico and
to reduce mortality of incidentally
caught sea turtles and smalltooth
sawfish.
Need for Correction
As published, the final regulations
contain an error in the DATES caption
regarding the effective date for
§§ 622.4(h)(1) and 635.4(m)(1) and
requires correction.
Correction
Accordingly, the final rule, published
on August 9, 2006, at 71 FR 45428, is
corrected as follows:
On page 45428, in column 2, in the
last line of the ‘‘DATES’’ caption,
‘‘September 1, 2006.’’ is corrected to
read as ‘‘October 1, 2006.’’
Dated: August 15, 2006.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. E6–13781 Filed 8–18–06; 8:45 am]
50 CFR Parts 622 and 635
[Docket No. 060425111–6205–02; I.D.
041906B]
RIN 0648–AN09
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BILLING CODE 3510–22–S
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico;
Amendment 18A; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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48483
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 060216045–6045–01; I.D.
081506A]
Fisheries of the Exclusive Economic
Zone Off Alaska; Reallocation of
Pollock in the Bering Sea and Aleutian
Islands
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; reallocation.
AGENCY:
SUMMARY: NMFS is reallocating the
projected unused amounts of
Community Development Quota (CDQ)
and non-CDQ pollock from the Aleutian
Islands subarea to the Bering Sea
subarea and Bering Sea subarea pollock
from the incidental catch allowance to
the directed fisheries. These actions are
necessary to provide opportunity for
harvest of the 2006 total allowable catch
(TAC) of pollock, consistent with the
goals and objectives of the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP).
DATES: Effective August 16, 2006,
through 2400 hrs, Alaska local time
(A.l.t.), December 31, 2006.
FOR FURTHER INFORMATION CONTACT: Josh
Keaton, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the FMP prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
In the Aleutian Islands subarea, the
2006 TAC of non-CDQ pollock is 9,500
metric tons (mt) and the CDQ pollock is
1,140 mt as established by the 2006 and
2007 final harvest specifications for
groundfish in the BSAI (71 FR 10894,
March 3, 2006) and the reallocation on
March 3, 2006 (71 FR 11541, March 8,
2006).
As of August 10, 2006, the
Administrator, Alaska Region, NMFS,
(Regional Administrator) has
determined that the following amounts
of pollock in the Aleutian Islands
subarea will not be harvested: 4,000 mt
of non-CDQ pollock and 1,140 mt of
CDQ pollock. Therefore, in accordance
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]]>Agencies
[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Rules and Regulations]
[Pages 48480-48483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13532]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 1, 5, 10, 12 and 13
[USCG-2006-25535]
RIN 1625-ZA09
Mariner Licensing and Documentation Program Restructuring and
Centralization
AGENCY: Coast Guard, DHS.
ACTION: Technical amendment.
-----------------------------------------------------------------------
SUMMARY: This technical amendment authorizes the Commanding Officer,
National Maritime Center, to perform certain mariner credentialing
functions in addition to Officers in Charge, Marine Inspection, who
currently perform those functions. At the end of a transitional period,
most credentialing functions will be consolidated at a centralized
location. The amendment also makes technical changes to the mariner
credentialing appellate process. This rule is organizational in nature
and will have no substantive effect on the regulated public. The
amendment also will have no effect on any other Coast Guard regulatory
projects or policy initiatives.
DATES: These changes are effective September 20, 2006.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Gerald Miante, Project Manager, Maritime Personnel Qualifications
Division (G-PSO-1), U.S. Coast Guard, telephone 202-372-1407. If you
have questions on viewing the docket, call Ms. Renee V. Wright, Program
Manager, Docket Operations, telephone 202-493-0402.
SUPPLEMENTARY INFORMATION:
Regulatory History
We did not publish a notice of proposed rulemaking (NPRM) for this
amendment. Under 5 U.S.C. 553(b)(A), the Coast Guard finds that this
technical amendment is exempt from notice and comment rulemaking
requirements because the amendment only makes non-substantive changes
involving internal rules of agency organization, procedure, and
practice. These changes will have no substantive effect on the public;
therefore, it is unnecessary and impractical to publish an NPRM.
Background and Purpose
Mariner credentialing functions are currently performed at the
Regional Examination Centers (RECs). The Coast Guard is authorizing the
Commanding Officer, National Maritime Center (NMC) to perform these
functions in addition to the Officers in Charge, Marine Inspection
(OCMIs). This is the first step in an incremental restructuring and
centralization plan that will eventually streamline the RECs and bring
them under the authority of the NMC. During implementation of this
plan, some REC credentialing functions will be gradually transferred to
the NMC, and some OCMIs will continue to have authority to issue
credentials.
When the restructuring and centralization is complete, the Coast
Guard will notify the public in the Federal Register that the NMC will
make decisions on applications and authorize the issuance of mariner
credentials. The NMC will also be the central location for mariner
records and a processing point for associated fees. RECs will remain
open and continue to assist mariners to complete applications, take
fingerprints, verify mariners' citizenship and identities, administer
examinations, administer oaths, and conduct oversight for approved
courses.
These future changes are designed to improve service to mariners
and address national security concerns. The restructuring and
centralization will: (1) Enhance security by implementing consolidated
system controls for the credentialing process; (2) improve the
consistency of information, procedures, and mariner evaluations; and
(3) improve program efficiencies and customer service through economies
of scale and increased use of technology.
Discussion of the Amendment
Title 46 of the Code of Federal Regulations (46 CFR) is being
amended to authorize the Commanding Officer of the NMC, in addition to
the OCMIs, to perform mariner credentialing functions. The NMC will
begin phasing in the transfer of these functions from the OCMIs when
facilities for the new centralized NMC become operational.
Additionally, this amendment establishes a single final administrative
appellate authority for all appeals concerning mariner credentialing.
In Sec. 12.02-3, the term ``merchant mariner's documents'' has been
substituted for ``certificates of identification, certificates of
service, certificates of efficiency, and continuous discharge books''
because the Coast Guard no longer issues the latter documents.
These technical and organizational changes do not change any
substantive requirements of existing regulations. Further, this
amendment will have no effect on any Coast Guard regulatory projects or
policy initiatives, including Merchant Marine Credentials, Docket No.
USCG-2006-24371, Transportation Worker Identification Credential,
Docket Nos. USCG-2006-24196 and TSA-2006-24191, Validation of Merchant
Mariners' Vital Information and Issuance of Coast Guard Merchant
Mariner's Documents, Docket No. USCG-2003-14500, and Validation of
Merchant Mariners' Vital Information and Issuance of Coast Guard
Merchant Mariners' Licenses and Certificates of Registry, Docket No.
USCG-2004-17455.
Regulatory Evaluation
This amendment 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
[[Page 48481]]
Budget (OMB) 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 necessary. Because this amendment only authorizes the NMC
to perform mariner credentialing functions and reorganizes the
administrative appellate procedure, it 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 amendment 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.
It is not expected that this amendment will have a significant
economic impact on any small entities. Therefore, the Coast Guard
certifies under 5 U.S.C. 605(b) that this technical amendment will not
have a significant economic impact on a substantial number of small
entities.
Collection of Information
This amendment 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 amendment
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 amendment will not result in such an expenditure,
we do discuss the effects of this amendment elsewhere in this preamble.
Taking of Private Property
This amendment will not affect 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 amendment under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This amendment is not an economically significant rule and does
not concern an environmental risk to health or safety that may
disproportionately affect children.
Indian Tribal Governments
This amendment 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 adopted by voluntary consensus
standards bodies.
This amendment 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,
which guides 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, paragraph (34)(b), of the Instruction from further
environmental documentation. Paragraph (34)(b) excludes regulatory
actions concerning internal agency functions or organization, such as
delegation of authority. Under figure 2-1, paragraph (34)(b), of the
Instruction, an Environmental Analysis Check List and a Categorical
Exclusion Determination are not required for this technical amendment.
List of Subjects
46 CFR Part 1
Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements.
46 CFR Part 5
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Investigations, Seamen.
46 CFR Part 10
Penalties, Reporting and recordkeeping requirements, Schools,
Seamen.
46 CFR Part 12
Penalties, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 13
Cargo vessels, Reporting and recordkeeping requirements, Seamen.
0
For the reasons set forth in the preamble, the Coast Guard amends 46
CFR parts 1, 5, 10, 12 and 13 as follows:
PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE
SAFETY FUNCTIONS
0
1. The authority citation for 46 CFR part 1 continues to read as
follows:
[[Page 48482]]
Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46
U.S.C. Chapter 93; Pub. L. 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. In Sec. 1.01-15, revise the section heading, remove the NOTE
following paragraph (b), re-designate paragraph (c) as paragraph (d),
revise newly redesignated paragraph (d), and add a new paragraph (c) to
read as follows:
Sec. 1.01-15 Organization; Districts; National Maritime Center.
* * * * *
(c) The Commanding Officer of the National Maritime Center has been
designated and delegated to give direction to Coast Guard activities
relating to marine safety functions consisting of the licensing,
credentialing, certificating, shipment and discharge of seamen;
referring to the processing of Regional Examination Center (REC) or
cognizant OCMI violations of law, negligence, misconduct,
unskillfulness, incompetence or misbehavior of persons applying for or
holding merchant mariner's documents, licenses, certificates or
credentials issued by the Coast Guard; suspension or withdrawal of
course approvals; and recommending possible suspension or revocation
under 46 U.S.C. Chapter 77 of licenses, credentials, certificates and
merchant mariner's documents. Applicants for merchant mariner's
documents, licenses, certificates or credentials may apply to the Coast
Guard National Maritime Center or any of the Regional Examination
Centers. Applicants may contact the National Maritime Center at 4200
Wilson Boulevard, Suite 630, Arlington, Virginia 22203-1804, or by
telephone at 202-493-1002. A list of Regional Examination Locations is
available through the Coast Guard Web site at https://www.uscg.mil.
(d) For descriptions of Coast Guard districts and marine inspection
zones, see 33 CFR part 3.
0
3. Revise Sec. 1.03-15(h)(3) and (h)(4) to read as follows:
Sec. 1.03-15 General.
* * * * *
(h) * * *
(3) Commandant (G-PC), for all appeals involving suspension or
withdrawal of course approvals, and all marine personnel issues that
are appealed from the National Maritime Center or from an OCMI through
a District Commander;
(4) Commandant (G-PSE), for appeals involving the recognition of a
classification society; or
* * * * *
0
4. Revise Sec. 1.03-45 to read as follows:
Sec. 1.03-45 Appeals from decisions or actions of the National
Maritime Center.
Any person directly affected by a decision or action of an officer
or employee of the National Maritime Center (NMC) involving any of the
marine safety functions listed in Sec. 1.01-15(c) of this subpart may,
after requesting reconsideration of the decision or action by the NMC,
make a formal appeal of that decision or action, via the NMC, to the
Director of Inspection and Compliance, Commandant (G-PC), in accordance
with the procedures contained in Sec. 1.03-15 of this subpart. The
decision of the Director of Inspection and Compliance, Commandant (G-
PC), on such an appeal will constitute final agency action.
PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION
0
5. The authority citation for 46 CFR part 5 continues to read as
follows:
Authority: 46 U.S.C. 2103, 7101, 7301, 7701; Department of
Homeland Security Delegation No. 0170.1.
0
6. In Subpart B--Definitions, add new 46 CFR 5.11 to read as follows:
Sec. 5.11 Officer in Charge, Marine Inspection.
Officer in Charge, Marine Inspection (OCMI) for the purposes of
part 5 means the officer or individual so designated at one of the
Regional Examination Centers, or any person so designated by the
Commandant.
0
7. Revise 46 CFR 5.15 to read as follows:
Sec. 5.15 Investigating Officer.
An investigating officer is a Coast Guard official designated by
the Commandant, a District Commander, or the Officer in Charge, Marine
Inspection, for the purpose of conducting investigations of marine
casualties or matters pertaining to the conduct of persons applying for
or holding merchant mariner's documents, licenses, certificates or
credentials issued by the Coast Guard. An Officer in Charge, Marine
Inspection is an investigating officer without further designation.
PART 10--LICENSING OF MARITIME PERSONNEL
0
8. The authority citation for 46 CFR part 10 continues to read as
follows:
Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, and
8906; Executive Order 10173; Department of Homeland Security
Delegation No. 0170.1. Section 10.107 is also issued under the
authority of 44 U.S.C. 3507.
0
9. In 46 CFR 10.103 revise the definition of Officer in Charge, Marine
Inspection (OCMI) to read as follows:
Sec. 10.103 Definitions of terms used in this part.
* * * * *
Officer in Charge, Marine Inspection (OCMI) for the purposes of
part 10 means the officer or individual so designated at one of the
Regional Examination Centers, or any person so designated by the
Commandant.
* * * * *
0
11. Revise 46 CFR 10.105(a) to read as follows:
Sec. 10.105 Applications.
(a) Applicants for merchant mariner's documents, licenses,
certificates or credentials may apply to the Coast Guard National
Maritime Center or any of the Regional Examination Centers. Applicants
may contact the National Maritime Center at 4200 Wilson Boulevard,
Suite 630, Arlington, Virginia 22203-1804, or by telephone at 202-493-
1002. A list of Regional Examination Locations is available through the
Coast Guard Web site at https://www.uscg.mil.
* * * * *
PART 12--CERTIFICATION OF SEAMEN
0
12. The authority citation for part 12 continues to read as follows:
Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110, 7301,
7302, 7503, 7505, 7701; Department of Homeland Security Delegation
No. 0170.1.
0
13. Amend 46 CFR 12.01-6 to add, in alphabetical order, the following
definition:
Sec. 12.01-6 Definitions of terms used in this part.
* * * * *
Officer in Charge, Marine Inspection (OCMI) for the purposes of
part 12 means the officer or individual so designated at one of the
Regional Examination Centers, or any person so designated by the
Commandant.
* * * * *
0
14. Revise 46 CFR 12.01-7 to read as follows:
Sec. 12.01-7 Where to apply.
Applicants for licenses or certification may apply to the Coast
Guard National
[[Page 48483]]
Maritime Center or any of the Regional Examination Centers. Applicants
may contact the National Maritime Center at 4200 Wilson Boulevard,
Suite 630, Arlington, Virginia 22203-1804, or by telephone at 202-493-
1002. A list of Regional Examination Locations is available through the
Coast Guard Web site at https://www.uscg.mil.
0
15. Revise Sec. 12.02-3(a) to read as follows:
Sec. 12.02-3 Where documents are issued.
(a) Merchant mariner's documents may be issued to qualified
applicants at the National Maritime Center or at any Regional
Examination Center during usual business hours.
* * * * *
PART 13--CERTIFICATION OF TANKERMEN
0
16. The authority citation for part 13 continues to read as follows:
Authority: 46 U.S.C. 3703, 7317, 8105, 8703, 9102; Department of
Homeland Security Delegation No. 0170.1.
0
17. In 46 CFR 13.103, revise the definition of Officer in Charge,
Marine Inspection (OCMI) to read as follows:
Sec. 13.103 Definitions.
* * * * *
Officer in Charge, Marine Inspection (OCMI) for the purposes of
part 13 means the officer or individual so designated at one of the
Regional Examination Centers, or any person so designated by the
Commandant.
* * * * *
Dated: August 11, 2006.
Steve Venckus,
Chief, Office of Regulations and Administrative Law, Office of the
Judge Advocate General, U.S. Coast Guard.
[FR Doc. E6-13532 Filed 8-18-06; 8:45 am]
BILLING CODE 4910-15-P
