[Federal Register Volume 63, Number 9 (Wednesday, January 14, 1998)]
[Rules and Regulations]
[Pages 2141-2142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-845]


=======================================================================
-----------------------------------------------------------------------

PANAMA CANAL COMMISSION

35 CFR Parts 115, 117 and 119

RIN 3207-AA42


Board of Local Inspectors; Composition and Functions; Marine 
Accidents: Investigations; Control; Responsibility; Licensing of 
Officers

AGENCY: Panama Canal Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Panama Canal Commission is amending its rules to delete 
reference to the administrative position of Supervising Inspector. This 
change eliminates a level of review of vessel accident investigations 
by the Board of Local Inspectors, reducing processing time for its 
investigative reports. The action also makes some nomenclature changes 
called for by an internal reorganization at the Commission. The 
position of Supervising Inspector is not mandated by statute.

DATES: Effective January 14, 1998.

FOR FURTHER INFORMATION CONTACT: John A. Mills, Secretary, Panama Canal 
Commission, 1825 I Street NW, Suite 1050, Washington, DC 20006-5402; 
Telephone: (202) 634-6441; Facsimile: (202) 634-6439; or John L. 
Haines, Jr., General Counsel, Panama Canal Commission, Facsimile: 011-
507-272-3748.

SUPPLEMENTARY INFORMATION: The Board of Local Inspectors (BLI) has 
existed at the Panama Canal pursuant to statute or executive order 
since 1912, two years before the waterway opened its doors to world 
shipping. The BLI's primary functions are the investigation of marine 
accidents and the examination and licensing of pilots, masters, mates 
and engineers on vessels operating in Canal

[[Page 2142]]

waters. The Chairman and other members of the BLI are selected from 
among the Canal's senior pilots and, hence, are experienced and 
knowledgeable in all aspects of navigating vessels through the 
waterway. Since 1966, the agency's Marine Director has served, ex 
officio, as Supervising Inspector and, in that latter capacity, has 
overseen the operations of the BLI.
    Under an agency-wide reorganization plan motivated by the upcoming 
transfer of the Canal to Panama at the end of 1999, the Marine Director 
(previously an active-duty or retired U.S. Naval officer) is to be 
known as the Maritime Operations Director and is no longer required to 
have ship-handling experience. That change eliminates the need for, and 
utility of, that official's oversight of the investigative functions of 
the BLI and, in keeping with the goal of streamlining the agency, the 
administrative position of Supervising Inspector is being eliminated. 
Henceforth, the BLI will forward its investigative reports directly to 
the Administrator for approval. Duties previously performed by the 
Supervising Inspector are either being eliminated or, primarily in the 
area of licensing, assumed by the Maritime Operations Director or by 
the Administrator or his designee. In other portions of parts 115, 117 
and 119 the title Marine Director is replaced by Maritime Operations 
Director as envisioned by the said reorganization.
    The Commission is exempt from Executive Order 12866 and its 
provisions do not apply to this rule. Even if the Order were 
applicable, the rule would not have a significant economic impact on a 
substantial number of small entities under the Regulatory Flexibility 
Act. The implementation of the rule will have no adverse effect on 
competition, employment, investment, productivity, innovation, or on 
the ability of United States-based enterprises to compete with foreign-
based enterprises in domestic or export markets. Finally, the 
Administrator of the Panama Canal Commission certifies these changes 
meet the applicable standards set out in sections 2(a) and 2(b)(2) of 
Executive Order 12778.

List of Subjects

35 CFR Part 115

    Organization and functions (Government agencies), Panama Canal.

35 CFR Part 117

    Investigations, Marine safety, Reporting and recordkeeping 
requirements.

35 CFR Part 119

    Administrative practice and procedure, Panama Canal, Seamen, 
Vessels.

    For the reasons stated in the Preamble, the Panama Canal Commission 
amends 35 CFR Parts 115, 117 and 119 as follows:

PART 115--BOARD OF LOCAL INSPECTORS; COMPOSITION AND FUNCTIONS

    1. The authority citation for part 115 is revised to read as 
follows:

    Authority: 22 U.S.C. 3778; E.O. 12215, 45 FR 36043, 3 CFR, 1980 
Comp., p. 257.

    2. Revise Sec. 115.1 to read as follows:


Sec. 115.1  Board of Local Inspectors.

    There is hereby continued the Board of Local Inspectors of the 
Panama Canal Commission, constituted as provided in Sec. 115.2, which 
shall perform, conduct and execute--
    (a) The investigations called for by 22 U.S.C. 3778;
    (b) The functions and responsibilities with which it is vested by 
this part and by parts 117 and 119 of this chapter; and
    (c) Such other duties in matters of a marine character as it may be 
assigned from time to time by the Administrator.
    3. Amend Sec. 115.2 as follows:
    a. In paragraph (a), introductory text, remove the words ``in 
paragraphs (b) and (c)'' and add, in their place, the words ``in 
paragraph (b)'';
    b. Revise paragraph (b) to read as set forth below.
    c. Remove paragraph (c); and
    d. Redesignate paragraph (d) as paragraph (c), and remove the words 
``Supervising Inspector'' and add, in their place, the word 
``Chairman''.


Sec. 115.2  Composition of the Board.

* * * * *
    (b) In the absence of the Chairman, or where the subject matter or 
circumstances of a particular accident warrant such action, the 
Administrator may designate an alternate to replace any official 
regularly serving on the Board.
* * * * *

PART 117--MARINE ACCIDENTS; INVESTIGATIONS; CONTROL; RESPONSIBILITY

    1. The authority citation for part 117 is revised to read as 
follows:

    Authority: 22 U.S.C. 3778; E.O. 12215, 45 FR 36043, 3 CFR, 1980 
Comp., p. 257.


Sec. 117.1  [Amended]

    2. Amend Sec. 117.1 as follows:
    a. In paragraphs (b) and (d)(2), remove the words ``Supervising 
Inspector'' and add, in their place, the words ``Maritime Operations 
Director''; and
    b. In paragraph (c) introductory text, remove the words 
``Supervising Inspector or''.
    3. Revise Sec. 117.3 to read as follows:


Sec. 117.3  Reports by Board to the Administrator.

    The Board shall submit reports of all marine accident 
investigations conducted by it to the Administrator for approval. Such 
reports shall set forth in detail the facts and circumstances 
surrounding the accident and bearing upon its proximate causation, the 
nature and extent of the injury, and the amount of damages, if any, 
occasioned by such injury. The reports shall include a transcript of 
the record of the Board's investigation, together with its findings and 
opinions respecting the accident. All findings and opinions of the 
Board shall be rendered by a full Board after a review of the entire 
transcript, even though the hearing may have been conducted by a single 
member of the Board or by a two-man Board. Reports of the Board do not 
become final until they are approved by the Administrator.

PART 119--LICENSING OF OFFICERS

    1. The authority citation for part 119 continues to read as 
follows:

    Authority: Issued under authority of the President by 22 U.S.C. 
3811, E.O. 12215, 45 FR 36043.

    2. In part 119, remove the words ``Supervising Inspector'' and add, 
in their place, the words ``Maritime Operations Director'', wherever 
they appear.

    Dated: January 7, 1998.
Alberto Aleman Zubieta,
Administrator.
[FR Doc. 98-845 Filed 1-13-98; 8:45 am]
BILLING CODE 3640-04-P