[Federal Register Volume 59, Number 106 (Friday, June 3, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-13538]
[[Page Unknown]]
[Federal Register: June 3, 1994]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 12 and 16
[CGD 93-051]
RIN 2115-AE54
Proof of Commitment To Employ Aboard U.S. Merchant Vessels
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard amends its regulations covering applicants for
merchant mariner's documents to eliminate the requirement that the
applicant provide proof of a commitment of employment as a member of
the crew of a United States merchant vessel. Because of new
requirements pertaining to applicants of merchant mariner's documents,
the requirement for proof of a commitment of employment is no longer
necessary. This action will relieve applicants and employers of an
unnecessary regulatory burden.
EFFECTIVE DATE: July 5, 1994.
ADDRESSES: Unless otherwise indicated, documents referenced in this
preamble are available for inspection or copying at the office of the
Executive Secretary, Marine Safety Council (G-LRA/3406), U.S. Coast
Guard Headquarters, 2100 Second Street SW., Washington, DC 20593-0001,
between 8 a.m. and 3 p.m., Monday through Friday, except Federal
holidays. The telephone number is (202) 267-1477.
FOR FURTHER INFORMATION CONTACT:
Mrs. Justine Bunnell, Merchant Vessel Personnel Division, at (202) 267-
0238.
SUPPLEMENTARY INFORMATION:
Drafting Information
The principal persons involved in drafting this document are Mrs.
Justine Bunnell, Project Manager, Office of Marine Safety, Security and
Environment Protection, and Ms. Helen Boutrous, Project Counsel, Office
of Chief Counsel.
Regulatory History
On December 6, 1993, the Coast Guard published a notice of proposed
rulemaking (NPRM) entitled ``Proof of Commitment to Employ Aboard U.S.
Merchant Vessels'' in the Federal Register (58 FR 64278). The Coast
Guard received four letters commenting on the proposal. A public
hearing was not requested and one was not held.
Background and Purpose
Section 12.25-5 of title 46 of the Code of Federal Regulations
requires an applicant for an original merchant mariner's document (MMD)
endorsed for service in ratings for which no professional examination
is required to produce satisfactory proof of a commitment of employment
(letter of commitment) as a member of the crew of a United States
merchant vessel. This requirement was established in 1937 as a means to
ensure that those persons obtaining MMDs were actually to be employed
as merchant mariners. Because no fee or renewal requirements had been
associated with application for an MMD, many applying for an MMD were
doing so to obtain a desirable form of identification, and had no
intention of seeking employment as a merchant mariner.
On March 19, 1993, the Coast Guard published a final rule
establishing user fees for services relating to marine licensing,
certification of registry, and merchant mariner documentation (58 FR
15228). That rule established an issuance fee of $35 for an MMD with an
additional $17 charge for an FBI criminal record check if the
application is for an original MMD. As noted in the preamble of the
user fee final rule, as a result of the user fee and other expenses,
individuals with no intention of returning to sea may choose not to
renew a license. Likewise, the user fee will deter individuals with no
intention of obtaining employment as a member of the crew of a United
States merchant vessel from applying for an MMD. For this reason, the
Coast Guard now considers the requirement for a letter of commitment
unnecessary, and the requirement is removed by this rulemaking. This
final rule also makes conforming changes to 46 CFR part 16 to remove
references to ``commitment of employment.''
Discussion of Comments and Changes
Four comments were received during the comment period. All of the
comments supported the rulemaking as proposed. Therefore, no changes
have been included in this final rule.
Regulatory Assessment
This final rule is not a significant regulatory action under
Executive Order 12866 and, has not been reviewed by the Office of
Management and Budget. It is also not significant under the
``Department of Transportation Regulatory Policies and Procedures'' (44
FR 11040; February 26, 1979). The Coast Guard expects the economic
impact to be so minimal that a full Regulatory Assessment is
unnecessary. This final rule will relieve applicants of the burden of
obtaining a letter from a new employer evidencing the employer's
commitment to hire the applicant. Employers will be relieved of the
burden of supplying such letters. While the cost of obtaining and
supplying such letters is considered minimal, this action will relieve
industry and applicants of an unnecessary regulatory requirement.
Small Entities
This final rule will eliminate the requirement that an applicant
provide proof of a commitment of employment as a member of the crew of
a United States merchant vessel. The amendments will have minimal
economic impact on the maritime industry. Therefore, the Coast Guard
certifies under section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601et seq.), that this rule will not have a significant economic
impact on a substantial number of small entities.
Collection of Information
This final rule contains no collection of information requirements
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism
The Coast Guard has analyzed this final rule under the principles
and criteria contained in Executive Order 12612 and has determined that
this final rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment. The authority to
establish regulations pertaining to the issuance of merchant mariner's
documents has been committed to the Secretary of Transportation by
Federal statute and delegated to the Coast Guard. Documentation of
merchant mariners is a matter national in application for which
regulations should be of national scope to avoid unreasonably
burdensome variances. Therefore, the Coast Guard intends to preempt
State action addressing the same matter, although no such action is
expected.
Environment
The Coast Guard considered the environmental impact of this final
rule and concluded that, under section 2.B.2 of Commandant Instruction
M16475.1B, this action is categorically excluded from further
environmental documentation. The amendment involves only elimination of
the requirement that an applicant provide proof of a commitment of
employment as a member of the crew of a United States merchant vessel
prior to receiving an MMD and clearly would have no environmental
impact. A Categorical Exclusion Determination is available in the
docket for inspection or copying where indicated under ADDRESSES.
List of Subjects
46 CFR Part 12
Reporting and recordkeeping requirements, Seamen.
46 CFR Part 16
Drug testing, Marine safety, Reporting and recordkeeping
requirements, Safety, Transportation.
For the reasons set out in the preamble, the Coast Guard proposes
to amend 46 CFR parts 12 and 16 as follows:
PART 12--CERTIFICATION OF SEAMEN
1. The authority citation for part 12 is revised to read as
follows:
Authority: 46 U.S.C. 2103, 7301, 7701, 10104; 49 CFR 1.46.
Sec. 12.25-5 [Removed]
2. Section 12.25-5 is removed.
PART 16--CHEMICAL TESTING
3. The authority citation for part 16 continues to read as follows:
Authority: 46 U.S.C. 2103, 3306, 7101, 7301, and 7701; 49 CFR
1.46.
Sec. 16.105 [Amended]
4. In Sec. 16.105, the definition of Commitment of employment is
removed.
5. In Sec. 16.210, paragraph (a) is revised to read as follows:
Sec. 16.210 Pre-employment testing requirements.
(a) No marine employer shall engage or employ any individual to
serve as a crewmember unless the individual passes a chemical test for
dangerous drugs for that employer.
* * * * *
Dated: March 24, 1994.
A.E. Henn,
Rear Admiral, U.S. Coast Guard, Chief, Office of Marine Safety,
Security and Environmental Protection.
[FR Doc. 94-13538 Filed 6-2-94; 8:45 am]
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