Mariner Licensing and Documentation Program Restructuring and Centralization; Correction, 7929-7931 [E7-2899]
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Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Rules and Regulations
Regional Headquarters Building, Federal
Aviation Administration, 901 Locust,
Kansas City, MO 64106; telephone:
(816) 329–2522.
SUPPLEMENTARY INFORMATION: The FAA
published this direct final rule with a
request for comments in the Federal
Register on December 28, 2006 (71 FR
78054). The FAA uses the direct final
rulemaking procedure for a noncontroversial rule where the FAA
believes that there will be no adverse
public comment. This direct final rule
advised the public that no adverse
comments were anticipated, and that
unless a written adverse comment, or a
written notice of intent to submit such
an adverse comment, were received
within the comment period, the
regulation would become effective on
March 15, 2007. No adverse comments
were received, and thus this notice
confirms that this direct final rule will
become effective on that date.
Issued in Fort Worth, Texas, on February
6, 2007.
Ronnie Uhlenhaker,
Manager, System Support Group, ATO
Central Service Area.
[FR Doc. 07–777 Filed 2–21–07; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF THE TREASURY
Internal Revenue Service
Background
The correction notice that is the
subject of this document is under
section 9802 of the Internal Revenue
Code.
Need for Correction
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel, (Procedure and Administration).
[FR Doc. E7–2958 Filed 2–21–07; 8:45 am]
List of Subjects in 26 CFR Part 54
BILLING CODE 4830–01–P
Excise taxes, Health care, Health
insurance, Pensions, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 54 is
corrected by making the following
correcting amendments:
I
RIN 1545–AY32
Nondiscrimination and Wellness
Programs in Health Coverage in the
Group Market; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendments.
erjones on PRODPC74 with RULES
AGENCY:
SUMMARY: This document contains
correction to final regulations (TD 9298)
that were published in the Federal
Register on Wednesday, December 13,
2006 (71 FR 75014) governing the
provisions prohibiting discrimination
based on a health factor for group health
plans and issuers of health insurance
coverage offered in connection with a
group health plan.
DATES: The correction is effective
February 12, 2007.
FOR FURTHER INFORMATION CONTACT: Russ
Weinheimer, (202) 622–6080 (not a tollfree number).
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
13:25 Feb 21, 2007
Jkt 211001
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 1; 46 CFR Parts 1 and 10
[USCG–2006–25535]
PART 54—PENSION EXCISE TAXES
Paragraph 1. The authority citation
for part 54 continues to read, in part, as
follows:
I
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 54.9802–1(b)(2)(i)(D) is
amended by revising paragraph (ii) of
Example 4.
I Par. 3. Section 54.9802–1(f)(1) is
amended by revising the first sentence
of the paragraph.
The revisions read as follows:
I
*
[TD 9298]
does not provide a reward), the wellness
program does not violate this section, if
participation in the program is made
available to all similarly situated
individuals. * * *
*
*
*
*
*
As published, final regulations (TD
9298) contain errors that may prove to
be misleading and are in need of
clarification.
§ 54.9802–1 Prohibiting discrimination
against participants and beneficiaries
based on a health factor.
26 CFR Part 54
7929
*
*
*
*
(b) * * *
(2) * * *
(i) * * *
(D) * * *
Example 4. * * *
(i) * * *
(ii) Conclusion. In this Example 4, the
limit does not violate this paragraph
(b)(2)(i) because $2,000 of benefits for
the treatment of TMJ are available
uniformly to all similarly situated
individuals and a plan may limit
benefits covered in relation to a specific
disease or condition if the limit applies
uniformly to all similarly situated
individuals and is not directed at
individual participants or beneficiaries.
(This example does not address whether
the plan provision is permissible under
the Americans with Disabilities Act or
any other applicable law.)
*
*
*
*
*
(f) * * *
(1) If none of the conditions for
obtaining a reward under a wellness
program are based on an individual
satisfying a standard that is related to a
health factor (or if a wellness program
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Fmt 4700
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RIN 1625–ZA09
Mariner Licensing and Documentation
Program Restructuring and
Centralization; Correction
Coast Guard, DHS.
Correcting Amendment.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is correcting
a technical amendment that appeared in
the Federal Register on August 21,
2006. That technical amendment
authorized the Commanding Officer of
the National Maritime Center (NMC) 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 technical amendment also made
technical changes to the mariner
credentialing appellate process.
DATES: These changes are effective
March 26, 2007.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this amendment,
call Mr. Gerald Miante, Project Manager,
Maritime Personnel Qualifications
Division (CG–3PSO–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:
Background and Purpose
The Coast Guard is correcting a
technical amendment that appeared in
the Federal Register on August 21, 2006
(71 FR 48480). That technical
amendment authorized the
Commanding Officer of the NMC to
E:\FR\FM\22FER1.SGM
22FER1
7930
Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Rules and Regulations
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 technical amendment also made
technical changes to the mariner
credentialing appellate process. The
technical amendment, and this
correcting amendment, are
organizational in nature and will have
no substantive effect on the regulated
public.
This correction clarifies the authority
of the Commanding Officer of the NMC
to carry out certain maritime safety
functions; and reestablishes procedures
for appeal of decisions of the National
Vessel Documentation Center with a
revised appellate authority.
List of Subjects
33 CFR Part 1
Administrative practice and
procedure, Authority delegations
(Government agencies), Freedom of
information, Penalties.
46 CFR Part 1
Administrative practice and
procedure, Organization and functions
(Government agencies), Reporting and
recordkeeping requirements.
46 CFR Part 10
Penalties, Reporting and
recordkeeping requirements, Schools,
Seamen.
I Accordingly, 33 CFR part 1, and 46
CFR parts 1 and 10 are corrected by
making the following correcting
amendments:
§ 1.01–15 Organization; Districts; National
Maritime Center.
1. Revise the authority citation for
subpart 1.01 to read as follows:
*
erjones on PRODPC74 with RULES
Authority: 14 U.S.C. 633; 33 U.S.C. 401,
491, 525, 1321, 2716, and 2716a; 42 U.S.C.
9615; 49 U.S.C. 322; Department of
Homeland Security Delegation No. 0170.1;
section 1.01–70 also issued under the
authority of E.O. 12580, 3 CFR, 1987 Comp.,
p. 193; and sections 1.01–80 and 1.01–85 also
issued under the authority of E.O. 12777, 3
CFR, 1991 Comp., p. 351.
I 2. In § 1.01–20, designate the existing
paragraph as paragraph (a); revise the
first sentence of newly designated
paragraph (a); and add paragraph (b) to
read as follows:
VerDate Aug<31>2005
13:25 Feb 21, 2007
Jkt 211001
3. The authority citation for 46 CFR
part 1 continues to read as follows:
I
I 4. In § 1.01–15, revise paragraphs (c)
and (d) and add paragraphs (e) and (f)
to read as follows:
I
(a) Officers in Charge, Marine
Inspection (OCMI), have been
46 CFR PART 1—ORGANIZATION,
GENERAL COURSE AND METHODS
GOVERNING MARINE SAFETY
FUNCTIONS
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.
33 CFR PART 1—GENERAL
PROVISIONS
§ 1.01–20 Officer in Charge, Marine
Inspection.
designated and delegated to perform,
within each OCMI’s jurisdiction, the
following functions: * * *
(b) The Commanding Officer of the
National Maritime Center has been
designated and delegated the same
authority as an OCMI for the purpose of
carrying out the following marine safety
functions pursuant to the provisions of
46 CFR Subchapter B:
(1) Licensing, credentialing,
certificating, shipment and discharge of
seamen;
(2) Referring to the processing
Regional Examination Center (REC) or
cognizant OCMI potential violations of
law, negligence, misconduct,
unskillfulness, incompetence or
misbehavior of persons holding
merchant mariner’s documents,
licenses, certificates or credentials
issued by the Coast Guard, and
recommending suspension or revocation
under 46 U.S.C. Chapter 77 when
deemed appropriate; and
(3) Granting, withholding,
suspending, or withdrawing course
approvals.
*
*
*
*
(c) The Commanding Officer of the
National Maritime Center has been
designated and delegated to:
(1) Give direction to Coast Guard
activities relating to marine safety
functions consisting of the licensing,
credentialing, certificating, shipment
and discharge of seamen;
(2) Refer to the processing Regional
Examination Center (REC) or cognizant
OCMI potential violations of law,
negligence, misconduct, unskillfulness,
incompetence or misbehavior of persons
holding merchant mariner’s documents,
licenses, certificates or credentials
issued by the Coast Guard, and
recommend suspension or revocation
under 46 U.S.C. Chapter 77 when
deemed appropriate; and
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Frm 00008
Fmt 4700
Sfmt 4700
(3) Grant, withhold, suspend, or
withdraw course approvals.
(d) The Commanding Officer of the
National Maritime Center has the same
authority as an OCMI for the purpose of
carrying out the marine safety functions
listed in paragraph (c) of this section
pursuant to the provisions of
Subchapter B of this chapter.
(e) 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.
(f) For descriptions of Coast Guard
districts and marine inspection zones,
see 33 CFR part 3.
I 5. In § 1.03–15, revise paragraph (h)(3)
to read as follows:
§ 1.03–15
General.
*
*
*
*
*
(h) * * *
(3) Commandant (CG–3PC) for all
appeals involving suspension or
withdrawal of course approvals, all
marine personnel issues appealed from
the National Maritime Center or from an
OCMI through a District Commander,
and all appeals regarding the
documentation of a vessel under part 67
or part 68 of this title. All appeals
regarding the documentation of a vessel
under part 67 or part 68 of this title
must be addressed to Commandant CG–
3PC(d), Coast Guard Headquarters, 2100
Second St., SW, Washington, DC 20593,
and a copy of each such appeal must be
sent to the National Vessel
Documentation Center, 792 T J Jackson
Drive; Falling Waters, WV 25419;
*
*
*
*
*
I 6. Redesignate § 1.03–45 as § 1.03–40,
and add new § 1.03–45 to read as
follows:
§ 1.03–45 Appeals from decisions or
actions involving documentation of vessels.
Any person directly affected by a
decision or action of an officer or
employee of the Coast Guard acting on
or in regard to the documentation of a
vessel under part 67 or part 68 of this
title, may make a formal appeal of that
decision or action to the Director of
Inspection and Compliance,
Commandant (CG–3PC), in accordance
with the procedures contained in
§ 1.03–15 of this subpart. The decision
of the Director of Inspection and
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Federal Register / Vol. 72, No. 35 / Thursday, February 22, 2007 / Rules and Regulations
Compliance, Commandant (CG–3PC), on
such an appeal will constitute final
agency action.
46 CFR PART 10—LICENSING OF
MARITIME PERSONNEL
7. The authority citation for 46 CFR
part 10 continues to read as follows:
I
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.
8. In Part 10, redesignate §§ 10.102
and 10.103 as §§ 10.103 and 10.104,
respectively, and add new § 10.102 to
read as follows:
I
§ 10.102
National Maritime Center
The Commanding Officer of the
National Maritime Center has the same
authority as an OCMI for the purpose of
carrying out the marine safety functions
listed in § 1.01–15(c) of this title
pursuant to the provisions of this
subchapter.
Dated: February 14, 2007.
Stefan G. Venckus,
Chief, Office of Regulations, and
Administrative Law, United States Coast
Guard.
[FR Doc. E7–2899 Filed 2–21–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 229
[Docket No. 030221039–7038–41; I.D.
021407E]
Taking of Marine Mammals Incidental
to Commercial Fishing Operations;
Atlantic Large Whale Take Reduction
Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule.
erjones on PRODPC74 with RULES
AGENCY:
SUMMARY: The Assistant Administrator
for Fisheries (AA), NOAA, announces
temporary restrictions consistent with
the requirements of the Atlantic Large
Whale Take Reduction Plan’s
(ALWTRP) implementing regulations.
These regulations apply to lobster trap/
pot and anchored gillnet fishermen in
an area totaling approximately 1,245
nm2 (4,270 km2)in February and
approximately 387 nm2 (1,327 km2)in
VerDate Aug<31>2005
13:25 Feb 21, 2007
Jkt 211001
March, southeast of Boston, MA, for 15
days. The purpose of this action is to
provide protection to an aggregation of
northern right whales (right whales).
DATES: Effective beginning at 0001 hours
February 26, 2007, through 2400 hours
March 12, 2007.
ADDRESSES: Copies of the proposed and
final Dynamic Area Management (DAM)
rules, Environmental Assessments
(EAs), Atlantic Large Whale Take
Reduction Team (ALWTRT) meeting
summaries, and progress reports on
implementation of the ALWTRP may
also be obtained by writing Diane
Borggaard, NMFS/Northeast Region,
One Blackburn Drive, Gloucester, MA
01930.
FOR FURTHER INFORMATION CONTACT:
Diane Borggaard, NMFS/Northeast
Region, 978–281–9300 x6503; or Kristy
Long, NMFS, Office of Protected
Resources, 301–713–2322.
SUPPLEMENTARY INFORMATION:
Electronic Access
Several of the background documents
for the ALWTRP and the take reduction
planning process can be downloaded
from the ALWTRP web site at https://
www.nero.noaa.gov/whaletrp/.
Background
The ALWTRP was developed
pursuant to section 118 of the Marine
Mammal Protection Act (MMPA) to
reduce the incidental mortality and
serious injury of three endangered
species of whales (right, fin, and
humpback) due to incidental interaction
with commercial fishing activities. In
addition, the measures identified in the
ALWTRP would provide conservation
benefits to a fourth species (minke),
which are neither listed as endangered
nor threatened under the Endangered
Species Act (ESA). The ALWTRP,
implemented through regulations
codified at 50 CFR 229.32, relies on a
combination of fishing gear
modifications and time/area closures to
reduce the risk of whales becoming
entangled in commercial fishing gear
(and potentially suffering serious injury
or mortality as a result).
On January 9, 2002, NMFS published
the final rule to implement the
ALWTRP’s DAM program (67 FR 1133).
On August 26, 2003, NMFS amended
the regulations by publishing a final
rule, which specifically identified gear
modifications that may be allowed in a
DAM zone (68 FR 51195). The DAM
program provides specific authority for
NMFS to restrict temporarily on an
expedited basis the use of lobster trap/
pot and anchored gillnet fishing gear in
areas north of 40° N. lat. to protect right
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Frm 00009
Fmt 4700
Sfmt 4700
7931
whales. Under the DAM program,
NMFS may: (1) require the removal of
all lobster trap/pot and anchored gillnet
fishing gear for a 15-day period; (2)
allow lobster trap/pot and anchored
gillnet fishing within a DAM zone with
gear modifications determined by NMFS
to sufficiently reduce the risk of
entanglement; and/or (3) issue an alert
to fishermen requesting the voluntary
removal of all lobster trap/pot and
anchored gillnet gear for a 15-day period
and asking fishermen not to set any
additional gear in the DAM zone during
the 15-day period.
A DAM zone is triggered when NMFS
receives a reliable report from a
qualified individual of three or more
right whales sighted within an area (75
nm2 (139 km2)) such that right whale
density is equal to or greater than 0.04
right whales per nm2 (1.85 km2). A
qualified individual is an individual
ascertained by NMFS to be reasonably
able, through training or experience, to
identify a right whale. Such individuals
include, but are not limited to, NMFS
staff, U.S. Coast Guard and Navy
personnel trained in whale
identification, scientific research survey
personnel, whale watch operators and
naturalists, and mariners trained in
whale species identification through
disentanglement training or some other
training program deemed adequate by
NMFS. A reliable report would be a
credible right whale sighting.
On February 11, 2007, an aerial
survey reported a sighting of three right
whales in the proximity 41°54′ N. lat.
and 69°46′ W. long. This position lies
southeast of Boston, MA. After
conducting an investigation, NMFS
ascertained that the report came from a
qualified individual and determined
that the report was reliable. Thus,
NMFS has received a reliable report
from a qualified individual of the
requisite right whale density to trigger
the DAM provisions of the ALWTRP.
Once a DAM zone is triggered, NMFS
determines whether to impose
restrictions on fishing and/or fishing
gear in the zone. This determination is
based on the following factors,
including but not limited to: the
location of the DAM zone with respect
to other fishery closure areas, weather
conditions as they relate to the safety of
human life at sea, the type and amount
of gear already present in the area, and
a review of recent right whale
entanglement and mortality data.
NMFS has reviewed the factors and
management options noted above
relative to the DAM under
consideration. As a result of this review,
NMFS prohibits lobster trap/pot and
anchored gillnet gear in this area during
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Agencies
[Federal Register Volume 72, Number 35 (Thursday, February 22, 2007)]
[Rules and Regulations]
[Pages 7929-7931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2899]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 1; 46 CFR Parts 1 and 10
[USCG-2006-25535]
RIN 1625-ZA09
Mariner Licensing and Documentation Program Restructuring and
Centralization; Correction
AGENCY: Coast Guard, DHS.
ACTION: Correcting Amendment.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is correcting a technical amendment that
appeared in the Federal Register on August 21, 2006. That technical
amendment authorized the Commanding Officer of the National Maritime
Center (NMC) 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 technical amendment also made technical changes to the mariner
credentialing appellate process.
DATES: These changes are effective March 26, 2007.
FOR FURTHER INFORMATION CONTACT: If you have questions on this
amendment, call Mr. Gerald Miante, Project Manager, Maritime Personnel
Qualifications Division (CG-3PSO-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:
Background and Purpose
The Coast Guard is correcting a technical amendment that appeared
in the Federal Register on August 21, 2006 (71 FR 48480). That
technical amendment authorized the Commanding Officer of the NMC to
[[Page 7930]]
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 technical amendment also
made technical changes to the mariner credentialing appellate process.
The technical amendment, and this correcting amendment, are
organizational in nature and will have no substantive effect on the
regulated public.
This correction clarifies the authority of the Commanding Officer
of the NMC to carry out certain maritime safety functions; and
reestablishes procedures for appeal of decisions of the National Vessel
Documentation Center with a revised appellate authority.
List of Subjects
33 CFR Part 1
Administrative practice and procedure, Authority delegations
(Government agencies), Freedom of information, Penalties.
46 CFR Part 1
Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements.
46 CFR Part 10
Penalties, Reporting and recordkeeping requirements, Schools,
Seamen.
0
Accordingly, 33 CFR part 1, and 46 CFR parts 1 and 10 are corrected by
making the following correcting amendments:
33 CFR PART 1--GENERAL PROVISIONS
0
1. Revise the authority citation for subpart 1.01 to read as follows:
Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716,
and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; Department of Homeland
Security Delegation No. 0170.1; section 1.01-70 also issued under
the authority of E.O. 12580, 3 CFR, 1987 Comp., p. 193; and sections
1.01-80 and 1.01-85 also issued under the authority of E.O. 12777, 3
CFR, 1991 Comp., p. 351.
0
2. In Sec. 1.01-20, designate the existing paragraph as paragraph (a);
revise the first sentence of newly designated paragraph (a); and add
paragraph (b) to read as follows:
Sec. 1.01-20 Officer in Charge, Marine Inspection.
(a) Officers in Charge, Marine Inspection (OCMI), have been
designated and delegated to perform, within each OCMI's jurisdiction,
the following functions: * * *
(b) The Commanding Officer of the National Maritime Center has been
designated and delegated the same authority as an OCMI for the purpose
of carrying out the following marine safety functions pursuant to the
provisions of 46 CFR Subchapter B:
(1) Licensing, credentialing, certificating, shipment and discharge
of seamen;
(2) Referring to the processing Regional Examination Center (REC)
or cognizant OCMI potential violations of law, negligence, misconduct,
unskillfulness, incompetence or misbehavior of persons holding merchant
mariner's documents, licenses, certificates or credentials issued by
the Coast Guard, and recommending suspension or revocation under 46
U.S.C. Chapter 77 when deemed appropriate; and
(3) Granting, withholding, suspending, or withdrawing course
approvals.
46 CFR PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING
MARINE SAFETY FUNCTIONS
0
3. The authority citation for 46 CFR 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; 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
4. In Sec. 1.01-15, revise paragraphs (c) and (d) and add paragraphs
(e) and (f) 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:
(1) Give direction to Coast Guard activities relating to marine
safety functions consisting of the licensing, credentialing,
certificating, shipment and discharge of seamen;
(2) Refer to the processing Regional Examination Center (REC) or
cognizant OCMI potential violations of law, negligence, misconduct,
unskillfulness, incompetence or misbehavior of persons holding merchant
mariner's documents, licenses, certificates or credentials issued by
the Coast Guard, and recommend suspension or revocation under 46 U.S.C.
Chapter 77 when deemed appropriate; and
(3) Grant, withhold, suspend, or withdraw course approvals.
(d) The Commanding Officer of the National Maritime Center has the
same authority as an OCMI for the purpose of carrying out the marine
safety functions listed in paragraph (c) of this section pursuant to
the provisions of Subchapter B of this chapter.
(e) 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.
(f) For descriptions of Coast Guard districts and marine inspection
zones, see 33 CFR part 3.
0
5. In Sec. 1.03-15, revise paragraph (h)(3) to read as follows:
Sec. 1.03-15 General.
* * * * *
(h) * * *
(3) Commandant (CG-3PC) for all appeals involving suspension or
withdrawal of course approvals, all marine personnel issues appealed
from the National Maritime Center or from an OCMI through a District
Commander, and all appeals regarding the documentation of a vessel
under part 67 or part 68 of this title. All appeals regarding the
documentation of a vessel under part 67 or part 68 of this title must
be addressed to Commandant CG-3PC(d), Coast Guard Headquarters, 2100
Second St., SW, Washington, DC 20593, and a copy of each such appeal
must be sent to the National Vessel Documentation Center, 792 T J
Jackson Drive; Falling Waters, WV 25419;
* * * * *
0
6. Redesignate Sec. 1.03-45 as Sec. 1.03-40, and add new Sec. 1.03-
45 to read as follows:
Sec. 1.03-45 Appeals from decisions or actions involving
documentation of vessels.
Any person directly affected by a decision or action of an officer
or employee of the Coast Guard acting on or in regard to the
documentation of a vessel under part 67 or part 68 of this title, may
make a formal appeal of that decision or action to the Director of
Inspection and Compliance, Commandant (CG-3PC), in accordance with the
procedures contained in Sec. 1.03-15 of this subpart. The decision of
the Director of Inspection and
[[Page 7931]]
Compliance, Commandant (CG-3PC), on such an appeal will constitute
final agency action.
46 CFR PART 10--LICENSING OF MARITIME PERSONNEL
0
7. 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
8. In Part 10, redesignate Sec. Sec. 10.102 and 10.103 as Sec. Sec.
10.103 and 10.104, respectively, and add new Sec. 10.102 to read as
follows:
Sec. 10.102 National Maritime Center
The Commanding Officer of the National Maritime Center has the same
authority as an OCMI for the purpose of carrying out the marine safety
functions listed in Sec. 1.01-15(c) of this title pursuant to the
provisions of this subchapter.
Dated: February 14, 2007.
Stefan G. Venckus,
Chief, Office of Regulations, and Administrative Law, United States
Coast Guard.
[FR Doc. E7-2899 Filed 2-21-07; 8:45 am]
BILLING CODE 4910-15-P