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