Shipping; Technical, Organizational, and Conforming Amendments, 43950-43955 [2016-15660]

Download as PDF 43950 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 USCG–2015–0995 USCG–2015–0976 USCG–2015–0903 USCG–2015–0872 USCG–2015–1020 USCG–2015–1040 USCG–2015–0972 USCG–2015–1056 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 Type Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Security Zone .......................................... Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Special Local Regulations ....................... Special Local Regulations ....................... Safety Zone ............................................. Security Zone .......................................... Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Security Zone .......................................... Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Special Local Regulations ....................... Safety Zone ............................................. Safety Zone ............................................. Drawbridges ............................................ Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Safety Zone ............................................. Drawbridges ............................................ Safety Zone ............................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. .................................. 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 http://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 12/9/2015 12/18/2015 12/19/2015 12/30/2015 12/31/2015 12/31/2015 12/31/2015 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 ehiers on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 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 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 I. Abbreviations CFR E:\FR\FM\06JYR1.SGM Code of Federal Regulations 06JYR1 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 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. ehiers on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 43951 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 E:\FR\FM\06JYR1.SGM 06JYR1 43952 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 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’’). ehiers on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 (‘‘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, PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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. E:\FR\FM\06JYR1.SGM 06JYR1 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 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. ehiers on DSK5VPTVN1PROD with RULES * * * * * (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 VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 43953 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 E:\FR\FM\06JYR1.SGM 06JYR1 ehiers on DSK5VPTVN1PROD with RULES 43954 Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 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 VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 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. E:\FR\FM\06JYR1.SGM 06JYR1 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 http://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 http://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 http://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 http://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: ■ PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 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: E:\FR\FM\06JYR1.SGM 06JYR1

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 http://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]]



0
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
------------------------------------------------------------------------


0
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]

0
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 http://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 
http://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 http://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 http://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