[Federal Register: August 21, 2006 (Volume 71, Number 161)]
[Rules and Regulations]
[Page 48480-48483]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au06-17]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
46 CFR Parts 1, 5, 10, 12 and 13
[USCG-2006-25535]
RIN 1625-ZA09
Mariner Licensing and Documentation Program Restructuring and
Centralization
AGENCY: Coast Guard, DHS.
ACTION: Technical amendment.
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SUMMARY: This technical amendment authorizes the Commanding Officer,
National Maritime Center, to perform certain mariner credentialing
functions in addition to Officers in Charge, Marine Inspection, who
currently perform those functions. At the end of a transitional period,
most credentialing functions will be consolidated at a centralized
location. The amendment also makes technical changes to the mariner
credentialing appellate process. This rule is organizational in nature
and will have no substantive effect on the regulated public. The
amendment also will have no effect on any other Coast Guard regulatory
projects or policy initiatives.
DATES: These changes are effective September 20, 2006.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call Gerald Miante, Project Manager, Maritime Personnel Qualifications
Division (G-PSO-1), U.S. Coast Guard, telephone 202-372-1407. If you
have questions on viewing the docket, call Ms. Renee V. Wright, Program
Manager, Docket Operations, telephone 202-493-0402.
SUPPLEMENTARY INFORMATION:
Regulatory History
We did not publish a notice of proposed rulemaking (NPRM) for this
amendment. Under 5 U.S.C. 553(b)(A), the Coast Guard finds that this
technical amendment is exempt from notice and comment rulemaking
requirements because the amendment only makes non-substantive changes
involving internal rules of agency organization, procedure, and
practice. These changes will have no substantive effect on the public;
therefore, it is unnecessary and impractical to publish an NPRM.
Background and Purpose
Mariner credentialing functions are currently performed at the
Regional Examination Centers (RECs). The Coast Guard is authorizing the
Commanding Officer, National Maritime Center (NMC) to perform these
functions in addition to the Officers in Charge, Marine Inspection
(OCMIs). This is the first step in an incremental restructuring and
centralization plan that will eventually streamline the RECs and bring
them under the authority of the NMC. During implementation of this
plan, some REC credentialing functions will be gradually transferred to
the NMC, and some OCMIs will continue to have authority to issue
credentials.
When the restructuring and centralization is complete, the Coast
Guard will notify the public in the Federal Register that the NMC will
make decisions on applications and authorize the issuance of mariner
credentials. The NMC will also be the central location for mariner
records and a processing point for associated fees. RECs will remain
open and continue to assist mariners to complete applications, take
fingerprints, verify mariners' citizenship and identities, administer
examinations, administer oaths, and conduct oversight for approved
courses.
These future changes are designed to improve service to mariners
and address national security concerns. The restructuring and
centralization will: (1) Enhance security by implementing consolidated
system controls for the credentialing process; (2) improve the
consistency of information, procedures, and mariner evaluations; and
(3) improve program efficiencies and customer service through economies
of scale and increased use of technology.
Discussion of the Amendment
Title 46 of the Code of Federal Regulations (46 CFR) is being
amended to authorize the Commanding Officer of the NMC, in addition to
the OCMIs, to perform mariner credentialing functions. The NMC will
begin phasing in the transfer of these functions from the OCMIs when
facilities for the new centralized NMC become operational.
Additionally, this amendment establishes a single final administrative
appellate authority for all appeals concerning mariner credentialing.
In Sec. 12.02-3, the term ``merchant mariner's documents'' has been
substituted for ``certificates of identification, certificates of
service, certificates of efficiency, and continuous discharge books''
because the Coast Guard no longer issues the latter documents.
These technical and organizational changes do not change any
substantive requirements of existing regulations. Further, this
amendment will have no effect on any Coast Guard regulatory projects or
policy initiatives, including Merchant Marine Credentials, Docket No.
USCG-2006-24371, Transportation Worker Identification Credential,
Docket Nos. USCG-2006-24196 and TSA-2006-24191, Validation of Merchant
Mariners' Vital Information and Issuance of Coast Guard Merchant
Mariner's Documents, Docket No. USCG-2003-14500, and Validation of
Merchant Mariners' Vital Information and Issuance of Coast Guard
Merchant Mariners' Licenses and Certificates of Registry, Docket No.
USCG-2004-17455.
Regulatory Evaluation
This amendment is not a significant regulatory action under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and
[[Page 48481]]
Budget (OMB) has not reviewed it under that Order. We expect the
economic impact of this rule to be so minimal that a full Regulatory
evaluation is necessary. Because this amendment only authorizes the NMC
to perform mariner credentialing functions and reorganizes the
administrative appellate procedure, it will not impose any costs on the
public.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this amendment would have a significant economic
impact on a substantial number of small entities. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000.
It is not expected that this amendment will have a significant
economic impact on any small entities. Therefore, the Coast Guard
certifies under 5 U.S.C. 605(b) that this technical amendment will not
have a significant economic impact on a substantial number of small
entities.
Collection of Information
This amendment calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this amendment
under that Order and have determined that it does not have implications
for federalism.
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 or more in any
one year. Though this amendment will not result in such an expenditure,
we do discuss the effects of this amendment elsewhere in this preamble.
Taking of Private Property
This amendment will not affect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This 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.
Protection of Children
We have analyzed this amendment under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This amendment is not an economically significant rule and does
not concern an environmental risk to health or safety that may
disproportionately affect children.
Indian Tribal Governments
This amendment does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does 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.
Energy Effects
We have analyzed this 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 has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, 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 amendment does not use technical standards. Therefore, we did
not consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.lD,
which guides the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have concluded that there are no factors in this case that would limit
the use of a categorical exclusion under section 2.B.2 of the
Instruction. Therefore, this rule is categorically excluded, under
figure 2-1, paragraph (34)(b), of the Instruction from further
environmental documentation. Paragraph (34)(b) excludes regulatory
actions concerning internal agency functions or organization, such as
delegation of authority. Under figure 2-1, paragraph (34)(b), of the
Instruction, an Environmental Analysis Check List and a Categorical
Exclusion Determination are not required for this technical amendment.
List of Subjects
46 CFR Part 1
Administrative practice and procedure, Organization and functions
(Government agencies), Reporting and recordkeeping requirements.
46 CFR Part 5
Administrative practice and procedure, Alcohol abuse, Drug abuse,
Investigations, Seamen.
46 CFR Part 10
Penalties, Reporting and recordkeeping requirements, Schools,
Seamen.
46 CFR Part 12
Penalties, Reporting and recordkeeping requirements, Seamen.
46 CFR Part 13
Cargo vessels, Reporting and recordkeeping requirements, Seamen.
0
For the reasons set forth in the preamble, the Coast Guard amends 46
CFR parts 1, 5, 10, 12 and 13 as follows:
PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE
SAFETY FUNCTIONS
0
1. The authority citation for 46 CFR part 1 continues to read as
follows:
[[Page 48482]]
Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46
U.S.C. Chapter 93; Pub. L. 107-296, 116 Stat. 2135; Department of
Homeland Security Delegation No. 0170.1; Sec. 1.01-35 also issued
under the authority of 44 U.S.C. 3507.
0
2. In Sec. 1.01-15, revise the section heading, remove the NOTE
following paragraph (b), re-designate paragraph (c) as paragraph (d),
revise newly redesignated paragraph (d), and add a new paragraph (c) to
read as follows:
Sec. 1.01-15 Organization; Districts; National Maritime Center.
* * * * *
(c) The Commanding Officer of the National Maritime Center has been
designated and delegated to give direction to Coast Guard activities
relating to marine safety functions consisting of the licensing,
credentialing, certificating, shipment and discharge of seamen;
referring to the processing of Regional Examination Center (REC) or
cognizant OCMI violations of law, negligence, misconduct,
unskillfulness, incompetence or misbehavior of persons applying for or
holding merchant mariner's documents, licenses, certificates or
credentials issued by the Coast Guard; suspension or withdrawal of
course approvals; and recommending possible suspension or revocation
under 46 U.S.C. Chapter 77 of licenses, credentials, certificates and
merchant mariner's documents. Applicants for merchant mariner's
documents, licenses, certificates or credentials may apply to the Coast
Guard National Maritime Center or any of the Regional Examination
Centers. Applicants may contact the National Maritime Center at 4200
Wilson Boulevard, Suite 630, Arlington, Virginia 22203-1804, or by
telephone at 202-493-1002. A list of Regional Examination Locations is
available through the Coast Guard Web site at http://www.uscg.mil.
(d) For descriptions of Coast Guard districts and marine inspection
zones, see 33 CFR part 3.
0
3. Revise Sec. 1.03-15(h)(3) and (h)(4) to read as follows:
Sec. 1.03-15 General.
* * * * *
(h) * * *
(3) Commandant (G-PC), for all appeals involving suspension or
withdrawal of course approvals, and all marine personnel issues that
are appealed from the National Maritime Center or from an OCMI through
a District Commander;
(4) Commandant (G-PSE), for appeals involving the recognition of a
classification society; or
* * * * *
0
4. Revise Sec. 1.03-45 to read as follows:
Sec. 1.03-45 Appeals from decisions or actions of the National
Maritime Center.
Any person directly affected by a decision or action of an officer
or employee of the National Maritime Center (NMC) involving any of the
marine safety functions listed in Sec. 1.01-15(c) of this subpart may,
after requesting reconsideration of the decision or action by the NMC,
make a formal appeal of that decision or action, via the NMC, to the
Director of Inspection and Compliance, Commandant (G-PC), in accordance
with the procedures contained in Sec. 1.03-15 of this subpart. The
decision of the Director of Inspection and Compliance, Commandant (G-
PC), on such an appeal will constitute final agency action.
PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION
0
5. The authority citation for 46 CFR part 5 continues to read as
follows:
Authority: 46 U.S.C. 2103, 7101, 7301, 7701; Department of
Homeland Security Delegation No. 0170.1.
0
6. In Subpart B--Definitions, add new 46 CFR 5.11 to read as follows:
Sec. 5.11 Officer in Charge, Marine Inspection.
Officer in Charge, Marine Inspection (OCMI) for the purposes of
part 5 means the officer or individual so designated at one of the
Regional Examination Centers, or any person so designated by the
Commandant.
0
7. Revise 46 CFR 5.15 to read as follows:
Sec. 5.15 Investigating Officer.
An investigating officer is a Coast Guard official designated by
the Commandant, a District Commander, or the Officer in Charge, Marine
Inspection, for the purpose of conducting investigations of marine
casualties or matters pertaining to the conduct of persons applying for
or holding merchant mariner's documents, licenses, certificates or
credentials issued by the Coast Guard. An Officer in Charge, Marine
Inspection is an investigating officer without further designation.
PART 10--LICENSING OF MARITIME PERSONNEL
0
8. The authority citation for 46 CFR part 10 continues to read as
follows:
Authority: 14 U.S.C. 633; 31 U.S.C. 9701; 46 U.S.C. 2101, 2103,
and 2110; 46 U.S.C. chapter 71; 46 U.S.C. 7502, 7505, 7701, and
8906; Executive Order 10173; Department of Homeland Security
Delegation No. 0170.1. Section 10.107 is also issued under the
authority of 44 U.S.C. 3507.
0
9. In 46 CFR 10.103 revise the definition of Officer in Charge, Marine
Inspection (OCMI) to read as follows:
Sec. 10.103 Definitions of terms used in this part.
* * * * *
Officer in Charge, Marine Inspection (OCMI) for the purposes of
part 10 means the officer or individual so designated at one of the
Regional Examination Centers, or any person so designated by the
Commandant.
* * * * *
0
11. Revise 46 CFR 10.105(a) to read as follows:
Sec. 10.105 Applications.
(a) Applicants for merchant mariner's documents, licenses,
certificates or credentials may apply to the Coast Guard National
Maritime Center or any of the Regional Examination Centers. Applicants
may contact the National Maritime Center at 4200 Wilson Boulevard,
Suite 630, Arlington, Virginia 22203-1804, or by telephone at 202-493-
1002. A list of Regional Examination Locations is available through the
Coast Guard Web site at http://www.uscg.mil.
* * * * *
PART 12--CERTIFICATION OF SEAMEN
0
12. 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; Department of Homeland Security Delegation
No. 0170.1.
0
13. Amend 46 CFR 12.01-6 to add, in alphabetical order, the following
definition:
Sec. 12.01-6 Definitions of terms used in this part.
* * * * *
Officer in Charge, Marine Inspection (OCMI) for the purposes of
part 12 means the officer or individual so designated at one of the
Regional Examination Centers, or any person so designated by the
Commandant.
* * * * *
0
14. Revise 46 CFR 12.01-7 to read as follows:
Sec. 12.01-7 Where to apply.
Applicants for licenses or certification may apply to the Coast
Guard National
[[Page 48483]]
Maritime Center or any of the Regional Examination Centers. Applicants
may contact the National Maritime Center at 4200 Wilson Boulevard,
Suite 630, Arlington, Virginia 22203-1804, or by telephone at 202-493-
1002. A list of Regional Examination Locations is available through the
Coast Guard Web site at http://www.uscg.mil.
0
15. Revise Sec. 12.02-3(a) to read as follows:
Sec. 12.02-3 Where documents are issued.
(a) Merchant mariner's documents may be issued to qualified
applicants at the National Maritime Center or at any Regional
Examination Center during usual business hours.
* * * * *
PART 13--CERTIFICATION OF TANKERMEN
0
16. 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
17. In 46 CFR 13.103, revise the definition of Officer in Charge,
Marine Inspection (OCMI) to read as follows:
Sec. 13.103 Definitions.
* * * * *
Officer in Charge, Marine Inspection (OCMI) for the purposes of
part 13 means the officer or individual so designated at one of the
Regional Examination Centers, or any person so designated by the
Commandant.
* * * * *
Dated: August 11, 2006.
Steve Venckus,
Chief, Office of Regulations and Administrative Law, Office of the
Judge Advocate General, U.S. Coast Guard.
[FR Doc. E6-13532 Filed 8-18-06; 8:45 am]
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