Processing of Merchant Mariner Credentials for Those Mariners Not Requiring a Transportation Worker Identification Credential, 79544-79545 [2011-32852]

Download as PDF 79544 Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (‘‘NTTAA’’), Public Law 104–113, 12(d) (15 U.S.C. 272 note) directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus standards bodies. NTTAA directs the EPA to provide Congress, through OMB, explanations when the agency decides not to use available and applicable voluntary consensus standards. This rulemaking does not involve technical standards. Therefore, the EPA is not considering the use of any voluntary consensus standards. jlentini on DSK4TPTVN1PROD with RULES J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order 12898 (59 FR 7629, February 16, 1994), establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA has determined that this rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. This action is not subject to EO 13045 (62 FR 19885, April 23, 1997) because it is not economically significant as defined in VerDate Mar<15>2010 16:24 Dec 21, 2011 Jkt 226001 EO 12866, and because the agency does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action simply revises minor wording errors in the November 7, 2011, rule. These revisions clarify the EPA’s finding that Portland significantly contributes to nonattainment or interferes with maintenance of the 1hour SO2 NAAQS in the State of New Jersey, and not in specific counties within the state. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. Section 804 exempts from section 801 the following types of rules: (1) Rules of particular applicability; (2) rules relating to agency management or personnel; and (3) rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of non-agency parties. 5 U.S.C. 804(3). The EPA is not required to submit a rule report regarding today’s action under section 801 because this is a rule of particular applicability. Nonetheless, this action will be effective March 21, 2012. L. Judicial Review Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the District of Columbia Circuit Court within 60 days from the date the final action is published in the Federal Register. Filing a petition for review by the Administrator of this final action does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review must be final, and shall not postpone the effectiveness of such action. List of Subjects in 40 CFR Part 52 Environmental protection, Administrative practice and procedures, Air pollution control, Incorporation by reference, Intergovernmental relations, and Reporting and recordkeeping requirements, Sulfur dioxide. Dated: December 14, 2011. Lisa P. Jackson, Administrator. For the reasons set forth in the preamble part 52 of chapter I of title 40 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 of the Code of Federal regulations are amended as follows: PART 52—[AMENDED] 1. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart NN—Pennsylvania [Amended] 2. Section 52.2039 is amended by revising the introductory text to read as follows: ■ § 52.2039 Interstate transport. The EPA has made a finding pursuant to section 126 of the Clean Air Act (the Act) that emissions of sulfur dioxide (SO2) from the Portland Generating Station in Northampton County, Upper Mount Bethel Township, Pennsylvania (Portland) significantly contribute to nonattainment and interfere with maintenance of the 1-hour SO2 national ambient air quality standard (NAAQS) in New Jersey. The owners and operators of Portland shall comply with the requirements in paragraphs (a) through (d) of this section. * * * * * [FR Doc. 2011–32652 Filed 12–21–11; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 46 CFR Parts 10, 11, 12, and 15 [Docket No. USCG–2011–0465] Processing of Merchant Mariner Credentials for Those Mariners Not Requiring a Transportation Worker Identification Credential Coast Guard, DHS. Notice of availability. AGENCY: ACTION: The Coast Guard announces the availability of Policy Letter 11–15, which describes steps the Coast Guard is taking to implement a statutory change in mariner credentialing requirements. This policy letter details how the Coast Guard is relaxing its Transportation Worker Identification Credential (TWIC) enforcement posture for mariners who serve on board vessels that are not required to have a vessel security plan. It also describes policy changes to allow these mariners to acquire and renew a Merchant Mariner Credential (MMC) without holding a valid TWIC. DATES: This policy is effective upon publication of this notice. SUMMARY: E:\FR\FM\22DER1.SGM 22DER1 Federal Register / Vol. 76, No. 246 / Thursday, December 22, 2011 / Rules and Regulations This notice and the policy are available in the docket and can be viewed by going to http://www. regulations.gov, inserting USCG–2011– 0465 in the ‘‘Keyword’’ box, and then clicking ‘‘Search.’’ This material is also available for inspection or copying at the Docket management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. This policy is also available at http://homeport.uscg. mil by clicking the ‘‘Library’’ tab > Policy > Policy letters (inspection); CG– 543 Policy Letter 11–15. FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, call or email Mr. Luke Harden, Office of Vessel Activities (CG–543), (202) 372– 1206, email Luke.B.Harden@uscg.mil. If you have questions on viewing or submitting material to the docket, call Renee V. Wright, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: ADDRESSES: jlentini on DSK4TPTVN1PROD with RULES Background and Purpose Coast Guard regulations require every applicant for an original or renewal of a Merchant Mariner Credential (MMC) obtain a Transportation Worker Identification Credential (TWIC) (see 46 CFR part 10). These Coast Guard regulations implement 46 U.S.C. 70105(b)(2)(B) and (D), which originally mandated that all mariners required to hold an MMC also obtain and hold a valid TWIC. On October 15, 2010, the President signed into law the Coast Guard Authorization Act of 2010 (the Act) (Pub. L. 111–281), which amended Sec. 70105(b)(2) by exempting certain mariners from the requirement to obtain and hold a valid TWIC (See Section 809 of the Act). While Section 809 did not exclude any specific group of credentialed mariners from the requirement to possess a TWIC, it gave the Coast Guard discretion to exclude any mariner, who does not require unescorted access to a secure area of a vessel or facility, from that requirement (see 46 U.S.C. 70105). The Coast Guard has determined that, under Section 809 of the Act, mariners who do not need unescorted access to a secure area designated by a vessel security plan in accordance with reference (c), no longer require a TWIC. Although full implementation of Section 809 of the Act may require regulatory changes, the Coast Guard is issuing Policy Letter 11–15 to implement two policy mechanisms that VerDate Mar<15>2010 16:24 Dec 21, 2011 Jkt 226001 uses Coast Guard resources and capabilities to lessen the impact while working on a regulatory solution that will address the full scope of Section 809. First, because the Coast Guard enforces its regulations by checking the validity of TWICs while conducting inspections of vessels where the credentials of mariners are checked, the Coast Guard is altering its enforcement posture: excluded mariners will not be required to present a valid TWIC during Coast Guard inspections. Second, we are implementing policies that would make it easier for certain excluded mariners to renew or acquire an MMC, without having to show proof of holding a valid TWIC. Policy Letter 11–15 details procedures by which excluded mariners do not need to obtain a physical TWIC in order to receive an MMC, and mariners can renew an existing MMC even if their TWIC has expired. We recognize that even after these policy changes many excluded mariners will continue to need or choose to go through the TWIC enrollment process. This is because the current MMC credentialing process requires inputs from the TWIC enrollment process. The Coast Guard relies on biometric and biographic information collected as part of the TWIC enrollment process, in the security, safety, and suitability evaluation component of Coast Guard’s MMC credentialing process. It is not possible, at this time, to issue new MMCs without mariners going through the TWIC enrollment process. Separating the two processes would require a significant credentialing process and administration restructuring that is not feasible on a short timeline. These policy changes, however, will help to reduce the fees mariners pay to obtain or renew a MMC, as well as reduce the burden of having to make multiple trips to a TWIC enrollment center to apply for and collect a TWIC. While we recognize that some mariners, particularly those applying for their original MMC, will still have to pay the TWIC enrollment fee, we believe that these policy changes will substantially reduce the regulatory burden on excluded mariners. The Coast Guard is exploring the possibility of a regulatory change to waive some fees associated with the MMC for excluded mariners, to further reduce the burdens in the future. List of Excluded Mariners The list of excluded mariners subject to the adjusted enforcement and credentialing policies detailed in Policy Letter 11–15 is limited to those mariners who function solely in the following roles: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 79545 1. Mariners serving on uninspected passenger vessels of less than 100 gross register tons (GRT); 2. Mariners serving on vessels inspected under subchapter T of Title 46 Code of Federal Regulations, except those on international voyages; 3. Mariners serving on towing vessels not involved in towing barges inspected under 46 CFR subchapters D, I or O; 4. Mariners serving on towing vessels involved in fleeting, docking, or ship assist as excepted in Title 33 CFR, Section 104.105(a)(11); and 5. Mariners who are inactive, or not operating under the authority of their credential for long periods of time. This notice is issued under authority of 46 U.S.C. 70105, 33 CFR parts 104 and 105, 46 CFR parts 10, 11, and 15, 5 U.S.C. 552(a). Dated: December 19, 2011. Paul F. Thomas, Captain, U.S. Coast Guard, Acting Director of Prevention Policy. [FR Doc. 2011–32852 Filed 12–20–11; 11:15 am] BILLING CODE 9110–04–P OFFICE OF MANAGEMENT AND BUDGET Office of Federal Procurement Policy 48 CFR Parts 9901 and 9903 Cost Accounting Standards: Change to the CAS Applicability Threshold for the Inflation Adjustment to the Truth in Negotiations Act Threshold Office of Management and Budget (OMB), Office of Federal Procurement Policy, Cost Accounting Standards Board. ACTION: Final rule. AGENCY: The Office of Federal Procurement Policy (OFPP), Cost Accounting Standards (CAS) Board (Board), has adopted, without change from the interim rule, a final rule revising the threshold for the application of CAS from ‘‘$650,000’’ to ‘‘the Truth in Negotiations Act (TINA) threshold, as adjusted for inflation.’’ The change is being made because the CAS applicability threshold is statutorily tied to TINA threshold. The TINA threshold for obtaining cost or pricing data was recently adjusted for inflation to $700,000 in the Federal Acquisition Regulation (FAR), as required by the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. Until the interim change for this final rule, the CAS applicability threshold was a stated dollar amount ($650,000) in the Code of SUMMARY: E:\FR\FM\22DER1.SGM 22DER1

Agencies

[Federal Register Volume 76, Number 246 (Thursday, December 22, 2011)]
[Rules and Regulations]
[Pages 79544-79545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32852]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 10, 11, 12, and 15

[Docket No. USCG-2011-0465]


Processing of Merchant Mariner Credentials for Those Mariners Not 
Requiring a Transportation Worker Identification Credential

AGENCY: Coast Guard, DHS.

ACTION: Notice of availability.

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

SUMMARY: The Coast Guard announces the availability of Policy Letter 
11-15, which describes steps the Coast Guard is taking to implement a 
statutory change in mariner credentialing requirements. This policy 
letter details how the Coast Guard is relaxing its Transportation 
Worker Identification Credential (TWIC) enforcement posture for 
mariners who serve on board vessels that are not required to have a 
vessel security plan. It also describes policy changes to allow these 
mariners to acquire and renew a Merchant Mariner Credential (MMC) 
without holding a valid TWIC.

DATES: This policy is effective upon publication of this notice.

[[Page 79545]]


ADDRESSES: This notice and the policy are available in the docket and 
can be viewed by going to http://www.regulations.gov, inserting USCG-
2011-0465 in the ``Keyword'' box, and then clicking ``Search.'' This 
material is also available for inspection or copying at the Docket 
management Facility (M-30), U.S. Department of Transportation, West 
Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal Holidays. This policy is also available at http://homeport.uscg.mil by clicking the ``Library'' tab > Policy > Policy 
letters (inspection); CG-543 Policy Letter 11-15.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Mr. Luke Harden, Office of Vessel Activities (CG-543), 
(202) 372-1206, email Luke.B.Harden@uscg.mil. If you have questions on 
viewing or submitting material to the docket, call Renee V. Wright, 
Program Manager, Docket Operations, telephone (202) 366-9826.

SUPPLEMENTARY INFORMATION:

Background and Purpose

    Coast Guard regulations require every applicant for an original or 
renewal of a Merchant Mariner Credential (MMC) obtain a Transportation 
Worker Identification Credential (TWIC) (see 46 CFR part 10). These 
Coast Guard regulations implement 46 U.S.C. 70105(b)(2)(B) and (D), 
which originally mandated that all mariners required to hold an MMC 
also obtain and hold a valid TWIC. On October 15, 2010, the President 
signed into law the Coast Guard Authorization Act of 2010 (the Act) 
(Pub. L. 111-281), which amended Sec. 70105(b)(2) by exempting certain 
mariners from the requirement to obtain and hold a valid TWIC (See 
Section 809 of the Act).
    While Section 809 did not exclude any specific group of 
credentialed mariners from the requirement to possess a TWIC, it gave 
the Coast Guard discretion to exclude any mariner, who does not require 
unescorted access to a secure area of a vessel or facility, from that 
requirement (see 46 U.S.C. 70105). The Coast Guard has determined that, 
under Section 809 of the Act, mariners who do not need unescorted 
access to a secure area designated by a vessel security plan in 
accordance with reference (c), no longer require a TWIC.
    Although full implementation of Section 809 of the Act may require 
regulatory changes, the Coast Guard is issuing Policy Letter 11-15 to 
implement two policy mechanisms that uses Coast Guard resources and 
capabilities to lessen the impact while working on a regulatory 
solution that will address the full scope of Section 809. First, 
because the Coast Guard enforces its regulations by checking the 
validity of TWICs while conducting inspections of vessels where the 
credentials of mariners are checked, the Coast Guard is altering its 
enforcement posture: excluded mariners will not be required to present 
a valid TWIC during Coast Guard inspections. Second, we are 
implementing policies that would make it easier for certain excluded 
mariners to renew or acquire an MMC, without having to show proof of 
holding a valid TWIC. Policy Letter 11-15 details procedures by which 
excluded mariners do not need to obtain a physical TWIC in order to 
receive an MMC, and mariners can renew an existing MMC even if their 
TWIC has expired.
    We recognize that even after these policy changes many excluded 
mariners will continue to need or choose to go through the TWIC 
enrollment process. This is because the current MMC credentialing 
process requires inputs from the TWIC enrollment process. The Coast 
Guard relies on biometric and biographic information collected as part 
of the TWIC enrollment process, in the security, safety, and 
suitability evaluation component of Coast Guard's MMC credentialing 
process. It is not possible, at this time, to issue new MMCs without 
mariners going through the TWIC enrollment process. Separating the two 
processes would require a significant credentialing process and 
administration restructuring that is not feasible on a short timeline.
    These policy changes, however, will help to reduce the fees 
mariners pay to obtain or renew a MMC, as well as reduce the burden of 
having to make multiple trips to a TWIC enrollment center to apply for 
and collect a TWIC. While we recognize that some mariners, particularly 
those applying for their original MMC, will still have to pay the TWIC 
enrollment fee, we believe that these policy changes will substantially 
reduce the regulatory burden on excluded mariners. The Coast Guard is 
exploring the possibility of a regulatory change to waive some fees 
associated with the MMC for excluded mariners, to further reduce the 
burdens in the future.

List of Excluded Mariners

    The list of excluded mariners subject to the adjusted enforcement 
and credentialing policies detailed in Policy Letter 11-15 is limited 
to those mariners who function solely in the following roles:
    1. Mariners serving on uninspected passenger vessels of less than 
100 gross register tons (GRT);
    2. Mariners serving on vessels inspected under subchapter T of 
Title 46 Code of Federal Regulations, except those on international 
voyages;
    3. Mariners serving on towing vessels not involved in towing barges 
inspected under 46 CFR subchapters D, I or O;
    4. Mariners serving on towing vessels involved in fleeting, 
docking, or ship assist as excepted in Title 33 CFR, Section 
104.105(a)(11); and
    5. Mariners who are inactive, or not operating under the authority 
of their credential for long periods of time.
    This notice is issued under authority of 46 U.S.C. 70105, 33 CFR 
parts 104 and 105, 46 CFR parts 10, 11, and 15, 5 U.S.C. 552(a).

    Dated: December 19, 2011.
Paul F. Thomas,
Captain, U.S. Coast Guard, Acting Director of Prevention Policy.
[FR Doc. 2011-32852 Filed 12-20-11; 11:15 am]
BILLING CODE 9110-04-P