Shipping; Technical, Organizational, and Conforming Amendments, 43950-43955 [2016-15660]
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Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations
Docket No.
USCG–2015–0991
USCG–2015–0981
USCG–2012–0309
USCG–2015–0994
USCG–2015–1004
USCG–2015–1014
USCG–2015–0996
USCG–2015–1049
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USCG–2015–0976
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USCG–2015–0972
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USCG–2015–1045
USCG–2015–0984
USCG–2015–1067
USCG–2015–1068
USCG–2015–0863
USCG–2015–1058
USCG–2015–0878
USCG–2015–1012
USCG–2015–1059
USCG–2015–0997
USCG–2015–0986
USCG–2015–1104
USCG–2015–1109
USCG–2015–1027
USCG–2015–1062
USCG–2015–1017
USCG–2015–1071
USCG–2015–1073
USCG–2015–1069
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Location
Effective
date
Jean Lafitte, LA .......................................
Henderson, KY ........................................
Chicago, IL ..............................................
Kelley’s Island, OH ..................................
Marysville, MI ..........................................
Annapolis, MD .........................................
Mobile, AL ...............................................
Pascagoula, MS ......................................
Mobile, AL ...............................................
Parkville, MO ...........................................
Englewood, FL ........................................
Chattanooga, TN .....................................
Wilmington, NC .......................................
New York Harbor, NY .............................
Piti, GU ....................................................
St. Louis, MO ..........................................
San Pedro, CA ........................................
Chickamauga L&D ..................................
Cleveland, OH .........................................
Marietta, OH ............................................
Calhoun, KY ............................................
Newport News, VA ..................................
Lake Charles, LA .....................................
Wilmington, NC .......................................
San Juan, PR ..........................................
Louisville, KY ...........................................
New Johnsonville, TN .............................
Alameda, CA ...........................................
Buffalo, NY ..............................................
San Francisco, CA ..................................
Boston, MA ..............................................
Sacramento, CA ......................................
Long Beach, CA ......................................
Sacramento, CA ......................................
Marina Del Rey, CA ................................
Dated: June 13, 2016.
K. Kroutil,
Chief, Office of Regulations and
Administrative Law, United States Coast
Guard.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2016–0315]
BILLING CODE 9110–04–P
to https://www.regulations.gov, inserting
USCG–2016–0315 in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’
If
you have questions on this final rule,
call or email Mr. R. Sam Teague, Coast
Guard; telephone 202–372–1425, email
ronald.s.teague@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
46 CFR Parts 1, 10, 11, 12, 13, and 15
[FR Doc. 2016–16016 Filed 7–5–16; 8:45 am]
11/1/2015
11/2/2015
11/5/2015
11/6/2015
11/7/2015
11/9/2015
11/13/2015
11/15/2015
11/17/2015
11/20/2015
11/20/2015
11/21/2015
11/21/2015
11/22/2015
11/25/2015
11/29/2015
12/2/2015
12/3/2015
12/3/2015
12/3/2015
12/4/2015
12/4/2015
12/6/2015
12/6/2015
12/6/2015
12/8/2015
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12/30/2015
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12/31/2015
12/31/2015
Shipping; Technical, Organizational,
and Conforming Amendments
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
AGENCY:
Table of Contents for Preamble
ACTION:
40 CFR Part 60
SUMMARY:
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Discussion of the Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
Standards of Performance for New
Stationary Sources; CFR Correction
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Correction
In rule document 2016–15707
beginning on page 42542 in the issue of
Thursday, June 30th, 2016, make the
following correction:
On page 42542, in the third column,
below the 44th line, remove the
photographed text and insert, ‘‘3.
Reinstate the symbol ∃, in the following
places:’’.
[FR Doc. C1–2016–15707 Filed 7–5–16; 8:45 am]
BILLING CODE 1505–01–D
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Coast Guard, DHS.
Final rule.
This final rule makes nonsubstantive technical, organizational,
and conforming amendments to existing
regulations throughout title 46 of the
Code of Federal Regulations to
reorganize Coast Guard offices
responsible for administering the
Mariner Credentialing Program. This
rule will have no substantive effect on
the regulated public.
DATES: This final rule is effective July 6,
2016.
ADDRESSES: Documents mentioned in
this preamble as being available in the
docket are part of docket USCG–2016–
0315, and are available using the
Federal eRulemaking Portal. You can
find this docket on the Internet by going
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I. Abbreviations
CFR
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CG–MMC Coast Guard Office of Merchant
Mariner Credentialing
DHS Department of Homeland Security
FR Federal Register
MCP Mariner Credentialing Program
NMC National Maritime Center
OMB Office of Management and Budget
Pub. L. Public Law
§ Section symbol
U.S.C. United States Code
II. Regulatory History
We did not publish a notice of
proposed rulemaking for this rule.
Under 5 U.S.C. 553(b)(A), the Coast
Guard finds that this rule is exempt
from notice and comment rulemaking
requirements because these changes
involve rules of agency organization,
procedure, or practice. In addition, the
Coast Guard finds that notice and
comment procedures are unnecessary
under 5 U.S.C. 553(b)(B), as this rule
consists only of corrections and
editorial, organizational, and
conforming amendments, and that these
changes will have no substantive effect
on the regulated public. Under 5 U.S.C.
553(d)(3), the Coast Guard finds that, for
the same reasons, good cause exists for
making this final rule effective upon
publication in the Federal Register.
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III. Basis and Purpose
The legal basis of this rule is found in
5 U.S.C. 552(a) and 553; 14 U.S.C. 633;
and Department of Homeland Security
Delegation No. 0170.1.
The purpose of this rule is to
announce the reorganization of the
offices responsible for administration of
the Mariner Credentialing Program
(MCP) in order to improve mission
execution and organizational efficiency
by ensuring all aspects of the Coast
Guard’s credentialing program report to
a single directorate and by creating one
centralized office at Headquarters
responsible for all technical aspects of
the MCP. This rule makes technical and
editorial corrections throughout title 46
of the CFR, in conjunction with the
assignment of MCP responsibilities to
this new office, and does not create or
change any substantive requirements.
IV. Discussion of the Rule
The Coast Guard is consolidating the
MCP under the newly created Office of
Merchant Mariner Credentialing (CG–
MMC) to provide program support and
policy development to allow the
National Maritime Center (NMC) to
efficiently issue credentials to U.S.
mariners quickly and in full compliance
with all applicable domestic and
international requirements. Mariners,
ship operators, and maritime academies
frequently have questions and issues
related to implementation of
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requirements and interpretations of the
credentialing standards. The
consolidation of the MCP into a single
office, under a single directorate that
also oversees the National Maritime
Center (NMC), will provide a single
point of contact at Coast Guard
Headquarters for all internal and
external customers. A single point of
contact will ensure faster and more
consistent responses to the maritime
industry and the NMC, which is
responsible for issuing the credentials.
With a single director and chain of
command for mariner credentialing, we
will ensure greater consistency in
creation, implementation, and
interpretation of international and
domestic standards in this area.
The consolidation of functions will
also reduce duplicative efforts within
the Coast Guard Headquarters
organization. There are numerous
redundant processes in our current
headquarters organizational structure
that are designed to ensure the NMC,
the two Prevention directorates, and two
Headquarters offices are aligned.
Consolidation will eliminate these
duplicative processes by placing these
functions into a single office in one
directorate. We expect this
consolidation to yield greater efficiency,
with a single office providing
centralized and consistent responses to
all stakeholders of the MCP.
This final rule amends 46 CFR parts
1, 10, 11, 12, 13, and 15 by removing the
mariner credentialing responsibilities
from the Director of Inspections and
Compliance (CG–5PC) and the Offices of
Operating and Environmental Standards
(CG–OES) and Commercial Vessel
Compliance (CG–CVC). With this final
rule, full mariner credentialing
responsibilities will be assumed by the
Director of Commercial Regulations and
Standards through the newly created
Office of Merchant Mariner
Credentialing (CG–MMC).
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive Orders related to rulemaking.
Below we summarize our analyses
based on these statutes or Executive
Orders.
A. Regulatory Planning and Review
Executive Orders 13563 and 12866
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
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equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has not been designated a ‘‘significant
regulatory action,’’ under section 3(f) of
Executive Order 12866. Accordingly,
the rule has not been reviewed by the
Office of Management and Budget.
Because this rule involves nonsubstantive changes and internal agency
practices and procedures, it will not
impose any additional costs on the
public. The benefit of the nonsubstantive changes is improved
organizational efficiency. Given that this
rule makes changes that involve rules of
agency organization, procedure, or
practice, and will have no substantive
effect on the regulated public, we have
not performed any further economic
analysis or a regulatory analysis for this
rule.
B. Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), rules exempt from
the notice and comment requirements of
the Administrative Procedure Act are
not required to examine the impact of
the rule on small entities. The Coast
Guard finds that this rule is exempt
from notice and comment rulemaking
requirements under 5 U.S.C. 553(b)(A)
because these changes involve rules of
agency organization, procedure, or
practice. In addition, the Coast Guard
finds that notice and comment
procedures are unnecessary under 5
U.S.C. 553(b)(B), as this rule consists
only of corrections and editorial,
organizational, and conforming
amendments, and that these changes
will have no substantive effect on the
regulated public.
C. Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule so that they can
better evaluate its effects on them and
participate in the rulemaking. If the rule
would affect your small business,
organization, or governmental
jurisdiction, and you have questions
concerning its provisions or options for
compliance, please consult Mr. R. Sam
Teague at 202–372–1425, or by email at
ronald.s.teague@uscg.mil. The Coast
Guard will not retaliate against small
entities that question or complain about
this rule or any policy or action of the
Coast Guard.
Small businesses may send comments
on the actions of Federal employees
who enforce or otherwise determine
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compliance with Federal regulations to
the Small Business and Agriculture
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small businesses. If
you wish to comment on actions by
employees of the Coast Guard, please
call 1–888–REG–FAIR (1–888–734–
3247).
D. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
E. Federalism
A rule has implications for federalism
under Executive Order 13132
(‘‘Federalism’’) if it has a substantial
direct effect on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government. We have analyzed
this rule under that order and have
determined that it is consistent with the
fundamental federalism principles and
preemption requirements described in
Executive Order 13132.
F. 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 (adjusted for inflation) or
more in any 1 year. Though this final
rule will not result in such an
expenditure, we do discuss the effects of
this rule elsewhere in this preamble.
G. Taking of Private Property
This final rule will not cause a taking
of private property or otherwise have
taking implications under Executive
Order 12630 (‘‘Governmental Actions
and Interference with Constitutionally
Protected Property Rights’’).
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H. Civil Justice Reform
This final 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.
I. Protection of Children
We have analyzed this final rule
under Executive Order 13045
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(‘‘Protection of Children from
Environmental Health Risks and Safety
Risks’’). This final rule is not an
economically significant rule and will
not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This final rule does not have tribal
implications under Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’),
because it will 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.
K. Energy Effects
We have analyzed this final 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 at
the Office of Management and Budget
(OMB) has not designated it as a
significant energy action. Therefore, it
does not require a Statement of Energy
Effects under Executive Order 13211.
L. Technical Standards
The National Technology Transfer
and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary
consensus standards in their regulatory
activities unless the agency provides
Congress, through the OMB, 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 final rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
M. Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
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which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have concluded
that this action is one of a category of
actions that do not individually or
cumulatively have a significant effect on
the human environment. This rule is
categorically excluded under section
2.B.2, figure 2–1, paragraphs (34)(a) and
(b) of the Instruction. This final rule
involves amendments to regulations that
are editorial or procedural, or concern
internal agency functions or
organization. An environmental analysis
checklist and a categorical exclusion
determination are available in the
docket for this final rule where
indicated under ADDRESSES.
List of Subjects
46 CFR Part 1
Administrative practice and
procedure, Organization and functions
(Government agencies), Reporting and
recordkeeping requirements.
46 CFR Part 10
Incorporation by reference, Penalties,
Personally identifiable information,
Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 11
Incorporation by reference, Penalties,
Reporting and recordkeeping
requirements, Schools, Seamen.
46 CFR Part 12
Incorporation by reference, Penalties,
Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 13
Incorporation by reference, Cargo
vessels, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 15
Incorporation by reference, Reporting
and recordkeeping requirements,
Seamen, Vessels.
For the reasons discussed in the
preamble, the Coast Guard amends 46
CFR parts 1, 10, 11, 12, 13, and 15 as
follows:
PART 1—ORGANIZATION, GENERAL
COURSE AND METHODS GOVERNING
MARINE SAFETY FUNCTIONS
1. The authority citation for part 1
continues to read as follows:
■
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.
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2. Amend § 1.01–10 as follows:
a. Redesignate paragraphs (c)(2)(i)(B)
and (C) as (c)(2)(i)(C) and (D),
respectively;
■ b. Add new paragraph (c)(2)(i)(B);
■ c. Remove paragraph (c)(2)(iv);
■ d. Remove paragraphs (d)(1) and (2);
and
■ e. Add paragraphs (e), (f), (g), and (h).
The additions read as follows:
■
■
§ 1.01–10
Organization.
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*
*
*
*
*
(c) * * *
(2) * * *
(i) * * *
(B) The Office of Merchant Mariner
Credentialing (CG–MMC),
*
*
*
*
*
(e) The Director of Commercial
Regulations and Standards (CG–5PS),
under the general direction and
supervision of the Deputy for
Operations Policy and Capabilities (CG–
DCO–D) and the Assistant Commandant
for Prevention Policy (CG–5P),
establishes federal policies for
development of marine safety, security,
and environmental protection treaties,
laws, and regulations; develops safety,
security, and environmental protection
standards for the maritime industry;
integrates all marine safety, security,
and environmental protection regulatory
programs; prepares legislation,
regulations, and industry guidance for
new safety and environmental
protection programs; maintains an
active program for development of third
party consensus industry standards, and
provides oversight to marine personnel
matters.
(1) The Chief, Office of Design and
Engineering Standards (CG–ENG), at
Headquarters, under the direction of the
Assistant Commandant for Prevention
Policy (CG–5P) and the Director of
Commercial Regulations and Standards
(CG–5PS), manages the program for
defining the overall regulatory approach
for vessels, offshore structures, and
other marine systems incorporating
safety considerations regarding the role
of the human element; develops policies
and regulations on load line matters and
supervises classification societies
authorized to assign load lines on behalf
of the Coast Guard; oversees the
development and maintenance of
programs that incorporate risk-based
methods in making safety
determinations and policies; and
oversees technical research and
development for safety and
environmental protection associated
with marine vessels, structures and
facilities.
(2) The Chief, Office of Merchant
Mariner Credentialing (CG–MMC), at
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Headquarters, under the direction of the
Assistant Commandant for Prevention
Policy (CG–5P) and the Director of
Commercial Regulations and Standards
(CG–5PS), develops and maintains
standards and policy, statutes,
regulations and guidance for the
maritime industry regarding personnel
qualifications, licensing, certification,
manning and labor issues; provides
oversight of mariner credentialing and
marine personnel administration
matters, and coordinates the monitoring
of U.S. implementation efforts with
respect to the International Convention
on Standards of Training, Certification &
Watchkeeping for Seafarers (STCW)
1978, as amended; and reviews mariner
appeals of credentialing decisions and
provides a recommended final agency
action for CG–5PS signature.
(3) The Chief, Office of Operating and
Environmental Standards (CG–OES), at
Headquarters, under the direction of the
Assistant Commandant for Prevention
Policy (CG–5P) and the Director of
Commercial Regulations and Standards
(CG–5PS), coordinates and integrates
program standards for vessel and facility
operations, cargo systems and handling,
and environmental protection; develops
and maintains standards, regulations,
and industry guidance for maritime
industry operations to prevent deaths,
injuries, property damage, and
environmental harm; develops and
maintains safety standards and
regulations for commercial fishing
industry vessels and uninspected
commercial vessels; and develops and
maintains health and safety standards
and regulations for U.S.-inspected
vessels.
(4) The Chief, Office of Standards
Evaluation and Development (CG–REG),
at Headquarters, under the direction of
the Assistant Commandant for
Prevention Policy (CG–5P) and the
Director of Commercial Regulations and
Standards (CG–5PS), coordinates the
development of new standards,
programs, and regulations across all
technical and operational areas of
marine safety and environmental
protection; provides comprehensive
analytical support for all standards
assessment and development efforts;
coordinates development of measures of
effectiveness for assessing regulatory
programs and consensus standards; and
oversees the Coast Guard’s rulemaking
development program.
(5) The Commanding Officer, Marine
Safety Center, under the direction of the
Assistant Commandant for Prevention
Policy (CG–5P) and the Director of
Commercial Regulations and Standards
(CG–5PS), conducts reviews and
approvals of plans, calculations, and
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other materials concerning the design,
construction, alterations, and repair of
commercial vessels to determine
conformance with the marine inspection
laws, regulations, and implementing
directions, and administers the U.S.
Tonnage Measurement program.
(6) The Commanding Officer, Coast
Guard National Maritime Center (NMC),
under the direction of the Assistant
Commandant for Prevention Policy
(CG–5P) and the Director of Commercial
Regulations and Standards (CG–5PS),
and subject to the policy and guidance
of the Office of Merchant Mariner
Credentialing (CG–MMC); evaluates
merchant mariners for suitability for
service; issues merchant mariner
credentials; evaluates and conducts
oversight of approved courses; and
exercises operational and administrative
control over the Regional Examination
Centers.
(f) The Director of Inspections and
Compliance (CG–5PC), under the
general direction and supervision of the
Assistant Commandant for Prevention
Policy (CG–5P), acts as Program
Manager for the Marine Safety, Security,
and Environmental Protection Programs;
directs, coordinates, and integrates the
Coast Guard’s marine safety and
environmental protection compliance
programs, contingency planning,
response operations, and investigations
programs; establishes and coordinates
field implementation policies and
priorities for all marine safety
commands and units; serves as the focal
point for field support and technical
guidance; and provides oversight of
vessel documentation matters and,
through the District Commander,
supervises the administration of the
Marine Safety Division of District
Offices and Officers in Charge, Marine
Inspection.
(1) The Chief, Office of Commercial
Vessel Compliance (CG–CVC), at
Headquarters, under the direction of the
Assistant Commandant for Prevention
Policy (CG–5P) and the Director of
Inspections and Compliance (CG–5PC),
administers and balances all marine
safety and environmental protection
compliance programs, including
direction of Coast Guard activities and
oversight of third parties and industry
programs; develops, publishes, and
maintains program policies for vessel
compliance, interprets standards and
regulations, and provides field guidance
for execution and enforcement;
administers the marine inspection
program, commercial fishing vessel
examination program, and foreign vessel
boarding program for the enforcement of
commercial vessel material and
operational safety standards; and
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supervises the administration of the
manning of U.S. vessels.
(2) The Chief, Office of Environmental
Response Policy (CG–MER), at
Headquarters, under the Direction of the
Deputy for Operations Policy and
Capabilities (CG–DCO–D) and the
Assistant Commandant for Response
Policy (CG–5R), coordinates and
integrates field planning, preparedness,
and response operations for pollution
incidents, natural disasters, marine
accidents, terrorism, and other threats to
public safety, the marine environment,
or marine transportation and commerce;
develops, publishes, and maintains
program policies for preparedness and
response, interprets laws and
regulations, and provides field guidance
for execution; provides guidance
regarding emergency authorities of the
Captain of the Port (COTP); and
administers Office programs for ports
and waterway management, bridging
compliance, and response efforts with
an active presence in the marine
environment.
(3) The Chief, Office of Investigations
and Analyses (CG–INV), at
Headquarters, under the direction of the
Assistant Commandant for Prevention
Policy (CG–5P) and the Director of
Inspections and Compliance (CG–5PC),
reviews investigations of marine
casualties; manages, develops policy for
and evaluates domestic and
international programs and processes
associated with investigations of marine
casualties and injuries; manages
analysis of casualties and casualty data,
civil penalties and other remedial
programs (including proceedings to
suspend or revoke Coast Guard
credentials held by mariners); and
manages marine employer drug and
alcohol testing programs.
(g) The Director of Operations
Resource Management (CG–DCO–R),
under the general direction and
supervision of the Deputy Commandant
for Operations (CG–DCO), serves as
Facility Manager for the marine safety
programs; coordinates and integrates
financial, informational, and human
resources; plans, acquires, develops,
and allocates resources for development
and execution of the Coast Guard’s
marine safety programs; provides the
focal point for all resource issues in
support of the Standards and Operations
Directorates; and oversees the
development and management of the
Coast Guard’s direct user fee program.
(h) The Judge Advocate General and
Chief Counsel of the Coast Guard (CG–
094), under the general direction of and
in coordination with the General
Counsel, Department of Homeland
Security, is the senior legal advisor to
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the Commandant, Vice Commandant,
and senior staff officers. The Judge
Advocate General advises on all cases
and controversies arising under the
various authorities of the Coast Guard
involving alleged violations of
international, maritime, navigation, and
vessel inspection laws, or regulations
prescribed thereunder and published in
this chapter or in 33 CFR chapter I, and
reviews appeals to the Commandant
from actions derived from these
authorities. On completion of such a
review, the Judge Advocate General
prepares a proposed action for the
Commandant’s consideration or, in
appropriate cases, takes final action on
behalf of, and as directed by, the
Commandant.
(2) Commandant (CG–5PS) for appeals
involving vessel plan review or tonnage
measurement issues and for all appeals
involving suspension or withdrawal of
course approvals, all merchant mariner
personnel issues appealed from the
National Maritime Center or from an
OCMI through a District Commander.
(i) Appeals involving course
approvals and merchant mariner
personnel issues must be addressed to
the Office of Merchant Mariner
Credentialing (CG–MMC), U.S. Coast
Guard, Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC
20593–7509.
(ii) Appeals involving vessel plan
review or tonnage measurement issues
must be addressed to Director of
Commercial Regulations and Standards
§ 1.01–15 [Amended]
(CG–5PS), U.S. Coast Guard, Stop 7509,
■ 3. Amend § 1.01–15 as follows:
2703 Martin Luther King Jr. Avenue SE.,
■ a. In paragraph (c)(2), remove the
Washington, DC 20593–7509.
words ‘‘the processing NMC
(3) Commandant (CG–5PC) for all
detachment,’’; and
appeals regarding the documentation of
■ b. In paragraph (d), remove the words
a vessel under part 67 or part 68 of this
‘‘Vessel Activities (CG–CVC),’’ and add, title. All appeals regarding the
in their place, the words ‘‘Merchant
documentation of a vessel under part 67
Mariner Credentialing (CG–MMC)’’.
or part 68 of this title must be addressed
to Commandant (CG–5PC), Attn:
§ 1.01–25 [Amended]
Director of Inspections and Compliance,
■ 4. In § 1.01–25(b)(1) and (2), remove
U.S. Coast Guard Stop 7501, 2703
the words ‘‘Marine Safety and
Martin Luther King Jr. Avenue SE.,
Environmental Protection’’ and add, in
Washington, DC 20593–7501, and a
their place the words ‘‘the Assistant
copy of each such appeal must be sent
Commandant for Prevention Policy’’.
to the National Vessel Documentation
■ 5. Revise the table in § 1.01–35(b) to
Center, 792 T J Jackson Drive; Falling
read as follows:
Waters, WV 25419;
*
*
*
*
*
§ 1.01–35 OMB control numbers assigned
(j) Any decision made by the
pursuant to the Paperwork Reduction Act.
Commandant, or by the Deputy
*
*
*
*
*
Commandant for Operations (DCO–D),
(b) * * *
or by the Assistant Commandant for
Prevention Policy (CG–5P), or by a
46 CFR part or section
Current OMB
where identified or described
control No.
Director or an office chief pursuant to
authority delegated by the Commandant
§ 2.01 ....................................
1625–0002 is final agency action on the appeal.
§ 2.95–10 ..............................
§ 3.10 ....................................
Part 4 ....................................
Part 6 ....................................
Part 10 ..................................
1625–0035
1625–0014
1625–0001
1625–0002
1625–0040
6. Amend § 1.03–15 as follows:
a. In paragraph (g), remove the words
‘‘Marine Safety and Environmental
Protection’’ wherever they appear and
add, in their place, the words
‘‘Prevention Policy (CG–5P)’’; and
■ b. Revise paragraphs (h) introductory
text, (h)(2) and (3), and (j).
The revisions read as follows:
■
■
§ 1.03–15
General.
*
*
*
*
*
(h) Formal appeals made to the
Commandant must be addressed to:
*
*
*
*
*
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
§ 1.03–40
[Amended]
7. In § 1.03–40, remove the words
‘‘Director of Inspections and
Compliance (CG–5PC)’’ wherever they
appear and add, in their place, the
words ‘‘Director of Commercial
Regulations and Standards (CG–5PS)’’.
■
PART 10—MERCHANT MARINER
CREDENTIAL
8. The authority citation for part 10
continues to read as follows:
■
Authority: 14 U.S.C. 633; 31 U.S.C. 9701;
46 U.S.C. 2101, 2103, 2110; 46 U.S.C. chapter
71; 46 U.S.C. chapter 73; 46 U.S.C. chapter
75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903,
8904, and 70105; Executive Order 10173;
Department of Homeland Security Delegation
No. 0170.1.
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Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations
§ 10.103
[Amended]
PART 11—REQUIREMENTS FOR
OFFICER ENDORSEMENTS
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is
available for inspection at the Coast
Guard, Office of Merchant Mariner
Credentialing (CG–MMC), U.S. Coast
Guard, Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC
20593–7509, and is available from the
sources listed below. It is also available
for inspection at the National Archives
and Records Administration (NARA).
For information on the availability of
this material at NARA, call 202–741–
6030 or go to https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
*
*
*
*
*
11. The authority citation for part 11
continues to read as follows:
PART 13—CERTIFICATION OF
TANKERMEN
9. In § 10.103(a), remove the words
‘‘Commandant (CG–OES–1), Attn:
Marine Personnel Qualifications
Division’’ and add, in their place, the
words ‘‘Office of Merchant Mariner
Credentialing (CG–MMC)’’, and remove
the numbers ‘‘202–372–1405’’ and add,
in their place, the numbers ‘‘202–372–
1492’’.
■
§ 10.408
[Amended]
10. In § 10.408(c)(2), remove the
letters ‘‘CG–CVC’’ and add, in its place,
the letters ‘‘CG–MMC’’.
■
■
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, 8906,
and 70105; Executive Order 10173;
Department of Homeland Security Delegation
No. 0170.1. Section 11.107 is also issued
under the authority of 44 U.S.C. 3507.
12. In § 11.102, revise paragraph (a) to
read as follows:
■
§ 11.102
Incorporation by reference.
(a) Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is
available for inspection at the Coast
Guard, Office of Merchant Mariner
Credentialing (CG–MMC), U.S. Coast
Guard, Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC
20593–7509, 202–372–1492, and is
available from the sources listed below.
It is also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030 or
go to https://www.archives.gov/federal_
register/code_of_federal_regulations/
ibr_locations.html.
*
*
*
*
*
PART 12—REQUIREMENTS FOR
RATING ENDORSEMENTS
13. The authority citation for part 12
continues to read as follows:
ehiers on DSK5VPTVN1PROD with RULES
Authority: 31 U.S.C. 9701; 46 U.S.C. 2101,
2103, 2110, 7301, 7302, 7503, 7505, 7701,
and 70105; Department of Homeland
Security Delegation No. 0170.1.
14. In § 12.103, revise paragraph (a) to
read as follows:
■
Incorporation by reference.
(a) Certain material is incorporated by
reference into this part with the
VerDate Sep<11>2014
12:09 Jul 05, 2016
Jkt 238001
Authority: 46 U.S.C. 3703, 7317, 8105,
8703, 9102; Department of Homeland
Security Delegation No. 0170.1.
Incorporation by reference.
(a) Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is
available for inspection at the Coast
Guard, Office of Merchant Mariner
Credentialing (CG–MMC), U.S. Coast
Guard, Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC
20593–7509, 202–372–1492, and is
available from the sources listed below.
It is also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030 or
go to https://www.archives.gov/federal_
register/code_of_federal_regulations/
ibr_locations.html.
*
*
*
*
*
Dated: June 27, 2016.
J.G. Lantz,
Director of Commercial Regulations and
Standards, U.S. Coast Guard.
[FR Doc. 2016–15660 Filed 7–5–16; 8:45 am]
16. In § 13.103, revise paragraph (a) to
read as follows:
BILLING CODE 9110–04–P
§ 13.103
FEDERAL COMMUNICATIONS
COMMISSION
■
Incorporation by reference.
(a) Certain material is incorporated by
reference into this part with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. All approved material is
available for inspection at the Coast
Guard, Office of Merchant Mariner
Credentialing (CG–MMC), U.S. Coast
Guard, Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC
20593–7509, 202–372–1492, and is
available from the sources listed below.
It is also available for inspection at the
National Archives and Records
Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030 or
go to https://www.archives.gov/federal_
register/code_of_federal_regulations/
ibr_locations.html.
*
*
*
*
*
PART 15—MANNING REQUIREMENTS
■
§ 12.103
15. The authority citation for part 13
continues to read as follows:
■
§ 15.103
43955
17. The authority citation for part 15
continues to read as follows:
■
Authority: 46 U.S.C. 2101, 2103, 3306,
3703, 8101, 8102, 8104, 8105, 8301, 8304,
8502, 8503, 8701, 8702, 8901, 8902, 8903,
8904, 8905(b), 8906, 9102, and 8103; sec.
617, Pub. L. 111–281, 124 Stat. 2905; and
Department of Homeland Security Delegation
No. 0170.1.
18. In § 15.103, revise paragraph (a) to
read as follows:
■
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47 CFR Part 73
[MB Docket No. 16–93; RM–11764; DA 16–
713]
Television Broadcasting Services;
Tolleson, Arizona
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
A petition for rulemaking was
filed by America 51, L.P. (America 51),
the licensee of KPPX–TV, channel 51,
Tolleson, Arizona, requesting the
substitution of channel 31 for channel
51 at Tolleson. America 51 filed
comments reaffirming its interest in the
proposed channel substitution and
stated that if the proposal is granted, it
will promptly file an application for the
facilities specified in the rulemaking
petition and construct the station.
America 51 asserts that adopting the
proposed channel substitution would
serve the public interest because it
would remove any potential
interference with authorized wireless
operations in the Lower 700 MHz A
Block adjacent to channel 51 in the
Phoenix, Arizona market. In addition,
America 51 agrees that KPPX–TV will
be protected in the incentive auction at
its channel 51 operating parameters
even after its move to channel 31, and
SUMMARY:
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Agencies
[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)]
[Rules and Regulations]
[Pages 43950-43955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15660]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 1, 10, 11, 12, 13, and 15
[Docket No. USCG-2016-0315]
Shipping; Technical, Organizational, and Conforming Amendments
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule makes non-substantive technical,
organizational, and conforming amendments to existing regulations
throughout title 46 of the Code of Federal Regulations to reorganize
Coast Guard offices responsible for administering the Mariner
Credentialing Program. This rule will have no substantive effect on the
regulated public.
DATES: This final rule is effective July 6, 2016.
ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2016-0315, and are available using
the Federal eRulemaking Portal. You can find this docket on the
Internet by going to https://www.regulations.gov, inserting USCG-2016-
0315 in the ``Keyword'' box, and then clicking ``Search.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this final
rule, call or email Mr. R. Sam Teague, Coast Guard; telephone 202-372-
1425, email ronald.s.teague@uscg.mil.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Discussion of the Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Abbreviations
CFR Code of Federal Regulations
[[Page 43951]]
CG-MMC Coast Guard Office of Merchant Mariner Credentialing
DHS Department of Homeland Security
FR Federal Register
MCP Mariner Credentialing Program
NMC National Maritime Center
OMB Office of Management and Budget
Pub. L. Public Law
Sec. Section symbol
U.S.C. United States Code
II. Regulatory History
We did not publish a notice of proposed rulemaking for this rule.
Under 5 U.S.C. 553(b)(A), the Coast Guard finds that this rule is
exempt from notice and comment rulemaking requirements because these
changes involve rules of agency organization, procedure, or practice.
In addition, the Coast Guard finds that notice and comment procedures
are unnecessary under 5 U.S.C. 553(b)(B), as this rule consists only of
corrections and editorial, organizational, and conforming amendments,
and that these changes will have no substantive effect on the regulated
public. Under 5 U.S.C. 553(d)(3), the Coast Guard finds that, for the
same reasons, good cause exists for making this final rule effective
upon publication in the Federal Register.
III. Basis and Purpose
The legal basis of this rule is found in 5 U.S.C. 552(a) and 553;
14 U.S.C. 633; and Department of Homeland Security Delegation No.
0170.1.
The purpose of this rule is to announce the reorganization of the
offices responsible for administration of the Mariner Credentialing
Program (MCP) in order to improve mission execution and organizational
efficiency by ensuring all aspects of the Coast Guard's credentialing
program report to a single directorate and by creating one centralized
office at Headquarters responsible for all technical aspects of the
MCP. This rule makes technical and editorial corrections throughout
title 46 of the CFR, in conjunction with the assignment of MCP
responsibilities to this new office, and does not create or change any
substantive requirements.
IV. Discussion of the Rule
The Coast Guard is consolidating the MCP under the newly created
Office of Merchant Mariner Credentialing (CG-MMC) to provide program
support and policy development to allow the National Maritime Center
(NMC) to efficiently issue credentials to U.S. mariners quickly and in
full compliance with all applicable domestic and international
requirements. Mariners, ship operators, and maritime academies
frequently have questions and issues related to implementation of
requirements and interpretations of the credentialing standards. The
consolidation of the MCP into a single office, under a single
directorate that also oversees the National Maritime Center (NMC), will
provide a single point of contact at Coast Guard Headquarters for all
internal and external customers. A single point of contact will ensure
faster and more consistent responses to the maritime industry and the
NMC, which is responsible for issuing the credentials. With a single
director and chain of command for mariner credentialing, we will ensure
greater consistency in creation, implementation, and interpretation of
international and domestic standards in this area.
The consolidation of functions will also reduce duplicative efforts
within the Coast Guard Headquarters organization. There are numerous
redundant processes in our current headquarters organizational
structure that are designed to ensure the NMC, the two Prevention
directorates, and two Headquarters offices are aligned. Consolidation
will eliminate these duplicative processes by placing these functions
into a single office in one directorate. We expect this consolidation
to yield greater efficiency, with a single office providing centralized
and consistent responses to all stakeholders of the MCP.
This final rule amends 46 CFR parts 1, 10, 11, 12, 13, and 15 by
removing the mariner credentialing responsibilities from the Director
of Inspections and Compliance (CG-5PC) and the Offices of Operating and
Environmental Standards (CG-OES) and Commercial Vessel Compliance (CG-
CVC). With this final rule, full mariner credentialing responsibilities
will be assumed by the Director of Commercial Regulations and Standards
through the newly created Office of Merchant Mariner Credentialing (CG-
MMC).
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
Executive Orders related to rulemaking. Below we summarize our analyses
based on these statutes or Executive Orders.
A. Regulatory Planning and Review
Executive Orders 13563 and 12866 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866.
Accordingly, the rule has not been reviewed by the Office of Management
and Budget. Because this rule involves non-substantive changes and
internal agency practices and procedures, it will not impose any
additional costs on the public. The benefit of the non-substantive
changes is improved organizational efficiency. Given that this rule
makes changes that involve rules of agency organization, procedure, or
practice, and will have no substantive effect on the regulated public,
we have not performed any further economic analysis or a regulatory
analysis for this rule.
B. Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), rules
exempt from the notice and comment requirements of the Administrative
Procedure Act are not required to examine the impact of the rule on
small entities. The Coast Guard finds that this rule is exempt from
notice and comment rulemaking requirements under 5 U.S.C. 553(b)(A)
because these changes involve rules of agency organization, procedure,
or practice. In addition, the Coast Guard finds that notice and comment
procedures are unnecessary under 5 U.S.C. 553(b)(B), as this rule
consists only of corrections and editorial, organizational, and
conforming amendments, and that these changes will have no substantive
effect on the regulated public.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule so that they can better evaluate
its effects on them and participate in the rulemaking. If the rule
would affect your small business, organization, or governmental
jurisdiction, and you have questions concerning its provisions or
options for compliance, please consult Mr. R. Sam Teague at 202-372-
1425, or by email at ronald.s.teague@uscg.mil. The Coast Guard will not
retaliate against small entities that question or complain about this
rule or any policy or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine
[[Page 43952]]
compliance with Federal regulations to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
businesses. If you wish to comment on actions by employees of the Coast
Guard, please call 1-888-REG-FAIR (1-888-734-3247).
D. Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
E. Federalism
A rule has implications for federalism under Executive Order 13132
(``Federalism'') if it has a substantial direct effect on the States,
on the relationship between the national government and the States, or
on the distribution of power and responsibilities among the various
levels of government. We have analyzed this rule under that order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
F. 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 (adjusted for
inflation) or more in any 1 year. Though this final rule will not
result in such an expenditure, we do discuss the effects of this rule
elsewhere in this preamble.
G. Taking of Private Property
This final rule will not cause a taking of private property or
otherwise have taking implications under Executive Order 12630
(``Governmental Actions and Interference with Constitutionally
Protected Property Rights'').
H. Civil Justice Reform
This final 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.
I. Protection of Children
We have analyzed this final rule under Executive Order 13045
(``Protection of Children from Environmental Health Risks and Safety
Risks''). This final rule is not an economically significant rule and
will not create an environmental risk to health or risk to safety that
might disproportionately affect children.
J. Indian Tribal Governments
This final rule does not have tribal implications under Executive
Order 13175 (``Consultation and Coordination with Indian Tribal
Governments''), because it will 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.
K. Energy Effects
We have analyzed this final 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 at the Office of Management and
Budget (OMB) has not designated it as a significant energy action.
Therefore, it does not require a Statement of Energy Effects under
Executive Order 13211.
L. Technical Standards
The National Technology Transfer and Advancement Act (15 U.S.C. 272
note) directs agencies to use voluntary consensus standards in their
regulatory activities unless the agency provides Congress, through the
OMB, 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 final rule does not use technical standards. Therefore, we did
not consider the use of voluntary consensus standards.
M. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have concluded that this
action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule is categorically excluded under section 2.B.2, figure 2-1,
paragraphs (34)(a) and (b) of the Instruction. This final rule involves
amendments to regulations that are editorial or procedural, or concern
internal agency functions or organization. An environmental analysis
checklist and a categorical exclusion determination are available in
the docket for this final rule where indicated under ADDRESSES.
List of Subjects
46 CFR Part 1
Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements.
46 CFR Part 10
Incorporation by reference, Penalties, Personally identifiable
information, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 11
Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Schools, Seamen.
46 CFR Part 12
Incorporation by reference, Penalties, Reporting and recordkeeping
requirements, Seamen.
46 CFR Part 13
Incorporation by reference, Cargo vessels, Reporting and
recordkeeping requirements, Seamen.
46 CFR Part 15
Incorporation by reference, Reporting and recordkeeping
requirements, Seamen, Vessels.
For the reasons discussed in the preamble, the Coast Guard amends
46 CFR parts 1, 10, 11, 12, 13, and 15 as follows:
PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE
SAFETY FUNCTIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46
U.S.C. Chapter 93; 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.
[[Page 43953]]
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2. Amend Sec. 1.01-10 as follows:
0
a. Redesignate paragraphs (c)(2)(i)(B) and (C) as (c)(2)(i)(C) and (D),
respectively;
0
b. Add new paragraph (c)(2)(i)(B);
0
c. Remove paragraph (c)(2)(iv);
0
d. Remove paragraphs (d)(1) and (2); and
0
e. Add paragraphs (e), (f), (g), and (h).
The additions read as follows:
Sec. 1.01-10 Organization.
* * * * *
(c) * * *
(2) * * *
(i) * * *
(B) The Office of Merchant Mariner Credentialing (CG-MMC),
* * * * *
(e) The Director of Commercial Regulations and Standards (CG-5PS),
under the general direction and supervision of the Deputy for
Operations Policy and Capabilities (CG-DCO-D) and the Assistant
Commandant for Prevention Policy (CG-5P), establishes federal policies
for development of marine safety, security, and environmental
protection treaties, laws, and regulations; develops safety, security,
and environmental protection standards for the maritime industry;
integrates all marine safety, security, and environmental protection
regulatory programs; prepares legislation, regulations, and industry
guidance for new safety and environmental protection programs;
maintains an active program for development of third party consensus
industry standards, and provides oversight to marine personnel matters.
(1) The Chief, Office of Design and Engineering Standards (CG-ENG),
at Headquarters, under the direction of the Assistant Commandant for
Prevention Policy (CG-5P) and the Director of Commercial Regulations
and Standards (CG-5PS), manages the program for defining the overall
regulatory approach for vessels, offshore structures, and other marine
systems incorporating safety considerations regarding the role of the
human element; develops policies and regulations on load line matters
and supervises classification societies authorized to assign load lines
on behalf of the Coast Guard; oversees the development and maintenance
of programs that incorporate risk-based methods in making safety
determinations and policies; and oversees technical research and
development for safety and environmental protection associated with
marine vessels, structures and facilities.
(2) The Chief, Office of Merchant Mariner Credentialing (CG-MMC),
at Headquarters, under the direction of the Assistant Commandant for
Prevention Policy (CG-5P) and the Director of Commercial Regulations
and Standards (CG-5PS), develops and maintains standards and policy,
statutes, regulations and guidance for the maritime industry regarding
personnel qualifications, licensing, certification, manning and labor
issues; provides oversight of mariner credentialing and marine
personnel administration matters, and coordinates the monitoring of
U.S. implementation efforts with respect to the International
Convention on Standards of Training, Certification & Watchkeeping for
Seafarers (STCW) 1978, as amended; and reviews mariner appeals of
credentialing decisions and provides a recommended final agency action
for CG-5PS signature.
(3) The Chief, Office of Operating and Environmental Standards (CG-
OES), at Headquarters, under the direction of the Assistant Commandant
for Prevention Policy (CG-5P) and the Director of Commercial
Regulations and Standards (CG-5PS), coordinates and integrates program
standards for vessel and facility operations, cargo systems and
handling, and environmental protection; develops and maintains
standards, regulations, and industry guidance for maritime industry
operations to prevent deaths, injuries, property damage, and
environmental harm; develops and maintains safety standards and
regulations for commercial fishing industry vessels and uninspected
commercial vessels; and develops and maintains health and safety
standards and regulations for U.S.-inspected vessels.
(4) The Chief, Office of Standards Evaluation and Development (CG-
REG), at Headquarters, under the direction of the Assistant Commandant
for Prevention Policy (CG-5P) and the Director of Commercial
Regulations and Standards (CG-5PS), coordinates the development of new
standards, programs, and regulations across all technical and
operational areas of marine safety and environmental protection;
provides comprehensive analytical support for all standards assessment
and development efforts; coordinates development of measures of
effectiveness for assessing regulatory programs and consensus
standards; and oversees the Coast Guard's rulemaking development
program.
(5) The Commanding Officer, Marine Safety Center, under the
direction of the Assistant Commandant for Prevention Policy (CG-5P) and
the Director of Commercial Regulations and Standards (CG-5PS), conducts
reviews and approvals of plans, calculations, and other materials
concerning the design, construction, alterations, and repair of
commercial vessels to determine conformance with the marine inspection
laws, regulations, and implementing directions, and administers the
U.S. Tonnage Measurement program.
(6) The Commanding Officer, Coast Guard National Maritime Center
(NMC), under the direction of the Assistant Commandant for Prevention
Policy (CG-5P) and the Director of Commercial Regulations and Standards
(CG-5PS), and subject to the policy and guidance of the Office of
Merchant Mariner Credentialing (CG-MMC); evaluates merchant mariners
for suitability for service; issues merchant mariner credentials;
evaluates and conducts oversight of approved courses; and exercises
operational and administrative control over the Regional Examination
Centers.
(f) The Director of Inspections and Compliance (CG-5PC), under the
general direction and supervision of the Assistant Commandant for
Prevention Policy (CG-5P), acts as Program Manager for the Marine
Safety, Security, and Environmental Protection Programs; directs,
coordinates, and integrates the Coast Guard's marine safety and
environmental protection compliance programs, contingency planning,
response operations, and investigations programs; establishes and
coordinates field implementation policies and priorities for all marine
safety commands and units; serves as the focal point for field support
and technical guidance; and provides oversight of vessel documentation
matters and, through the District Commander, supervises the
administration of the Marine Safety Division of District Offices and
Officers in Charge, Marine Inspection.
(1) The Chief, Office of Commercial Vessel Compliance (CG-CVC), at
Headquarters, under the direction of the Assistant Commandant for
Prevention Policy (CG-5P) and the Director of Inspections and
Compliance (CG-5PC), administers and balances all marine safety and
environmental protection compliance programs, including direction of
Coast Guard activities and oversight of third parties and industry
programs; develops, publishes, and maintains program policies for
vessel compliance, interprets standards and regulations, and provides
field guidance for execution and enforcement; administers the marine
inspection program, commercial fishing vessel examination program, and
foreign vessel boarding program for the enforcement of commercial
vessel material and operational safety standards; and
[[Page 43954]]
supervises the administration of the manning of U.S. vessels.
(2) The Chief, Office of Environmental Response Policy (CG-MER), at
Headquarters, under the Direction of the Deputy for Operations Policy
and Capabilities (CG-DCO-D) and the Assistant Commandant for Response
Policy (CG-5R), coordinates and integrates field planning,
preparedness, and response operations for pollution incidents, natural
disasters, marine accidents, terrorism, and other threats to public
safety, the marine environment, or marine transportation and commerce;
develops, publishes, and maintains program policies for preparedness
and response, interprets laws and regulations, and provides field
guidance for execution; provides guidance regarding emergency
authorities of the Captain of the Port (COTP); and administers Office
programs for ports and waterway management, bridging compliance, and
response efforts with an active presence in the marine environment.
(3) The Chief, Office of Investigations and Analyses (CG-INV), at
Headquarters, under the direction of the Assistant Commandant for
Prevention Policy (CG-5P) and the Director of Inspections and
Compliance (CG-5PC), reviews investigations of marine casualties;
manages, develops policy for and evaluates domestic and international
programs and processes associated with investigations of marine
casualties and injuries; manages analysis of casualties and casualty
data, civil penalties and other remedial programs (including
proceedings to suspend or revoke Coast Guard credentials held by
mariners); and manages marine employer drug and alcohol testing
programs.
(g) The Director of Operations Resource Management (CG-DCO-R),
under the general direction and supervision of the Deputy Commandant
for Operations (CG-DCO), serves as Facility Manager for the marine
safety programs; coordinates and integrates financial, informational,
and human resources; plans, acquires, develops, and allocates resources
for development and execution of the Coast Guard's marine safety
programs; provides the focal point for all resource issues in support
of the Standards and Operations Directorates; and oversees the
development and management of the Coast Guard's direct user fee
program.
(h) The Judge Advocate General and Chief Counsel of the Coast Guard
(CG-094), under the general direction of and in coordination with the
General Counsel, Department of Homeland Security, is the senior legal
advisor to the Commandant, Vice Commandant, and senior staff officers.
The Judge Advocate General advises on all cases and controversies
arising under the various authorities of the Coast Guard involving
alleged violations of international, maritime, navigation, and vessel
inspection laws, or regulations prescribed thereunder and published in
this chapter or in 33 CFR chapter I, and reviews appeals to the
Commandant from actions derived from these authorities. On completion
of such a review, the Judge Advocate General prepares a proposed action
for the Commandant's consideration or, in appropriate cases, takes
final action on behalf of, and as directed by, the Commandant.
Sec. 1.01-15 [Amended]
0
3. Amend Sec. 1.01-15 as follows:
0
a. In paragraph (c)(2), remove the words ``the processing NMC
detachment,''; and
0
b. In paragraph (d), remove the words ``Vessel Activities (CG-CVC),''
and add, in their place, the words ``Merchant Mariner Credentialing
(CG-MMC)''.
Sec. 1.01-25 [Amended]
0
4. In Sec. 1.01-25(b)(1) and (2), remove the words ``Marine Safety and
Environmental Protection'' and add, in their place the words ``the
Assistant Commandant for Prevention Policy''.
0
5. Revise the table in Sec. 1.01-35(b) to read as follows:
Sec. 1.01-35 OMB control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) * * *
------------------------------------------------------------------------
Current OMB
46 CFR part or section where identified or described control No.
------------------------------------------------------------------------
Sec. 2.01............................................. 1625-0002
Sec. 2.95-10.......................................... 1625-0035
Sec. 3.10............................................. 1625-0014
Part 4.................................................. 1625-0001
Part 6.................................................. 1625-0002
Part 10................................................. 1625-0040
------------------------------------------------------------------------
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6. Amend Sec. 1.03-15 as follows:
0
a. In paragraph (g), remove the words ``Marine Safety and Environmental
Protection'' wherever they appear and add, in their place, the words
``Prevention Policy (CG-5P)''; and
0
b. Revise paragraphs (h) introductory text, (h)(2) and (3), and (j).
The revisions read as follows:
Sec. 1.03-15 General.
* * * * *
(h) Formal appeals made to the Commandant must be addressed to:
* * * * *
(2) Commandant (CG-5PS) for appeals involving vessel plan review or
tonnage measurement issues and for all appeals involving suspension or
withdrawal of course approvals, all merchant mariner personnel issues
appealed from the National Maritime Center or from an OCMI through a
District Commander.
(i) Appeals involving course approvals and merchant mariner
personnel issues must be addressed to the Office of Merchant Mariner
Credentialing (CG-MMC), U.S. Coast Guard, Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC 20593-7509.
(ii) Appeals involving vessel plan review or tonnage measurement
issues must be addressed to Director of Commercial Regulations and
Standards (CG-5PS), U.S. Coast Guard, Stop 7509, 2703 Martin Luther
King Jr. Avenue SE., Washington, DC 20593-7509.
(3) Commandant (CG-5PC) for 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-5PC), Attn: Director of
Inspections and Compliance, U.S. Coast Guard Stop 7501, 2703 Martin
Luther King Jr. Avenue SE., Washington, DC 20593-7501, 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;
* * * * *
(j) Any decision made by the Commandant, or by the Deputy
Commandant for Operations (DCO-D), or by the Assistant Commandant for
Prevention Policy (CG-5P), or by a Director or an office chief pursuant
to authority delegated by the Commandant is final agency action on the
appeal.
Sec. 1.03-40 [Amended]
0
7. In Sec. 1.03-40, remove the words ``Director of Inspections and
Compliance (CG-5PC)'' wherever they appear and add, in their place, the
words ``Director of Commercial Regulations and Standards (CG-5PS)''.
PART 10--MERCHANT MARINER CREDENTIAL
0
8. The authority citation for part 10 continues to read as follows:
Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 73; 46 U.S.C. chapter
75; 46 U.S.C. 2104; 46 U.S.C. 7701, 8903, 8904, and 70105; Executive
Order 10173; Department of Homeland Security Delegation No. 0170.1.
[[Page 43955]]
Sec. 10.103 [Amended]
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9. In Sec. 10.103(a), remove the words ``Commandant (CG-OES-1), Attn:
Marine Personnel Qualifications Division'' and add, in their place, the
words ``Office of Merchant Mariner Credentialing (CG-MMC)'', and remove
the numbers ``202-372-1405'' and add, in their place, the numbers
``202-372-1492''.
Sec. 10.408 [Amended]
0
10. In Sec. 10.408(c)(2), remove the letters ``CG-CVC'' and add, in
its place, the letters ``CG-MMC''.
PART 11--REQUIREMENTS FOR OFFICER ENDORSEMENTS
0
11. The authority citation for part 11 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, 8906,
and 70105; Executive Order 10173; Department of Homeland Security
Delegation No. 0170.1. Section 11.107 is also issued under the
authority of 44 U.S.C. 3507.
0
12. In Sec. 11.102, revise paragraph (a) to read as follows:
Sec. 11.102 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the Coast Guard, Office of Merchant Mariner Credentialing
(CG-MMC), U.S. Coast Guard, Stop 7509, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7509, 202-372-1492, and is available
from the sources listed below. It is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
PART 12--REQUIREMENTS FOR RATING ENDORSEMENTS
0
13. 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, and 70105; Department of Homeland Security
Delegation No. 0170.1.
0
14. In Sec. 12.103, revise paragraph (a) to read as follows:
Sec. 12.103 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the Coast Guard, Office of Merchant Mariner Credentialing
(CG-MMC), U.S. Coast Guard, Stop 7509, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7509, and is available from the
sources listed below. It is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030 or go to
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
PART 13--CERTIFICATION OF TANKERMEN
0
15. 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
16. In Sec. 13.103, revise paragraph (a) to read as follows:
Sec. 13.103 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the Coast Guard, Office of Merchant Mariner Credentialing
(CG-MMC), U.S. Coast Guard, Stop 7509, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7509, 202-372-1492, and is available
from the sources listed below. It is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
PART 15--MANNING REQUIREMENTS
0
17. The authority citation for part 15 continues to read as follows:
Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104,
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904,
8905(b), 8906, 9102, and 8103; sec. 617, Pub. L. 111-281, 124 Stat.
2905; and Department of Homeland Security Delegation No. 0170.1.
0
18. In Sec. 15.103, revise paragraph (a) to read as follows:
Sec. 15.103 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved material is available for
inspection at the Coast Guard, Office of Merchant Mariner Credentialing
(CG-MMC), U.S. Coast Guard, Stop 7509, 2703 Martin Luther King Jr.
Avenue SE., Washington, DC 20593-7509, 202-372-1492, and is available
from the sources listed below. It is also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
Dated: June 27, 2016.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2016-15660 Filed 7-5-16; 8:45 am]
BILLING CODE 9110-04-P