[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Proposed Rules]
[Pages 16024-16030]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8409]
[[Page 16023]]
_______________________________________________________________________
Part VI
Department of Transportation
_______________________________________________________________________
Coast Guard
_______________________________________________________________________
46 CFR Parts 10 and 12
User Fees for Licenses, Certificates of Registry, and Merchant Mariner
Documents; Proposed Rule
Federal Register/Vol. 63, No. 62/Wednesday, April 1, 1998/Proposed
Rules
[[Page 16024]]
DEPARTMENT OF TRANSPORTATION
Coast Guard
46 CFR Parts 10 and 12
[USCG-97-2799]
RIN 2115-AF49
User Fees for Licenses, Certificates of Registry, and Merchant
Mariner Documents
AGENCY: Coast Guard, DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to revise user fees for Coast Guard
services relating to the issuance of merchant mariner licenses,
certificates of registry, and merchant mariner documents. The proposed
revisions are based on the most recent recalculation of program costs
associated with mariner documentation services. The two CFR sections in
which the fees are published would also be reformatted from narrative
text into a more user-friendly table.
DATES: Comments must reach the Coast Guard on or before September 28,
1998.
ADDRESSES: You may mail comments to the Docket Management Facility,
[USCG-97-2799], U.S. Department of Transportation (DOT), Room PL-401,
400 Seventh Street SW., Washington, DC 20590-0001, or deliver them to
room Pub. L.-401, located on the Plaza Level of the Nassif Building at
the same address between 10 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The telephone number is 202-366-9329.
The Docket Management Facility maintains the public docket for this
rulemaking. Comments, and documents as indicated in this preamble, will
become part of this docket and will be available for inspection or
copying at room PL-401, located on the Plaza Level of the Nassif
Building at the above address between 10 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. You may also electronically
access the public docket for this rulemaking on the Internet at http://
dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: For information on the public docket,
contact Carol Kelley, Coast Guard Dockets Team Leader or Paulette
Twine, Chief, Documentary Services Division, U.S. Department of
Transportation, telephone 202-366-9329; for information concerning the
notice of proposed rulemaking (NPRM) provisions, contact CDR Mark
McEwen, Project Manager, U.S. Coast Guard Headquarters, Office of
Planning and Resources (G-MRP), telephone 202-267-1409.
SUPPLEMENTARY INFORMATION:
Request for Comments
The Coast Guard encourages interested persons to participate in
this rulemaking by submitting written data, views, or arguments.
Persons submitting comments should include their names and addresses,
identify this rulemaking [USCG-97-2799] and the specific section of
this document to which each comment applies, and give the reason for
each comment. Please submit all comments and attachments in an unbound
format, no larger than 8\1/2\ by 11 inches, suitable for copying and
electronic filing to the DOT Docket Management Facility at the address
under ADDRESSES. If you want acknowledgment of receipt of your comment,
enclose a stamped, self-addressed postcard or envelope.
The Coast Guard will consider all comments received during the
comment period. It may change this proposed rule in view of the
comments.
The Coast Guard plans no public meeting. Persons may request a
public meeting by writing to the Marine Safety Council at the address
under ADDRESSES. The request should include the reasons why a public
meeting would be helpful to this rulemaking. If an opportunity for oral
presentations will help the rulemaking procedures, the Coast Guard will
hold a public meeting at a time and place announced by a later notice
in the Federal Register.
Background
Regulatory History
The Coast Guard published a final rule entitled ``User Fees for
Marine Licensing, Certification of Registry and Merchant Mariner
Documentation'' in the Federal Register on March 19, 1993 (59 FR
15228). The rule established marine license, certificate of registry,
and merchant mariner document user fees in 46 CFR parts 10 and 12. The
final rule became effective on April 19, 1993.
On September 27, 1994, the Coast Guard issued a final rule (59 FR
49294) requiring certificates of registry and merchant mariner's
documents to be renewed every 5 years, and user fees for renewals were
added to the fee schedules in 46 CFR parts 10.109 and 12.02-18.
Litigation History
On April 15, 1993, Seafarers International Union of North America,
et al., brought suit against the Coast Guard to enjoin it from
collecting marine licensing and merchant mariner documentation user
fees. On November 23, 1994, the U.S. District Court for the District of
Columbia affirmed the Coast Guard's authority to establish these fees
and it confirmed the methodology used by the Coast Guard to establish
these fees. However, the Court ordered the Coast Guard to recalculate
the costs associated with its merchant mariner licensing and
documentation (MMLD) program, reassess its published fees, and subject
the recalculation to public notice and comment. The Court also ordered
the Coast Guard to stop charging the $17 fee for Federal Bureau of
Investigation (FBI) criminal record checks. The Coast Guard instructed
the Regional Examination Centers (REC) to stop collecting the $17
criminal record check fee, and began the process of recalculating its
program costs.
The recalculation of costs and the reassessment of user fees
ordered by the Court were completed on September 25, 1996. On October
31, 1996, the Coast Guard published in the Federal Register a notice of
its recalculation of program costs and reassessment of fees (61 FR
56199). The Coast Guard encouraged interested persons to review and
comment on the recalculation during the 60-day comment period which
closed December 30, 1996.
On March 27, 1997, on appeal, the U.S. District Court of Appeals
for the District of Columbia overturned the District Court's ruling on
collecting the fee for FBI criminal record checks, but the Coast Guard
has not yet reinstituted collections of the $17 criminal record check
fee.
On May 22, 1997, the District Court ordered the Coast Guard to
begin rulemaking proceedings and complete a final rule on MMLD user
fees no later than April 30, 1998.
On September 17, 1997, the Coast Guard and the SIU settled the
litigation. The final rule completion date of April 30, 1998, no longer
applies to this rulemaking. However, the terms of the settlement
require the Coast Guard to go forward with this rulemaking.
Comments on Notice of Recalculation
The Coast Guard received 163 comments in response to the October
31, 1996, notice of recalculation. Only three comments specifically
addressed the cost elements, methodology, or data collection procedures
of the recalculation. These issues were considered in developing this
proposal.
The remaining 160 comments opposed user fees in general. Many
comments objected to what they believed was a proposed or actual
increase in fees, and some requested a copy of the notice of
recalculation and
[[Page 16025]]
reassessment. They also objected to the notice only being published in
the Federal Register because mariners generally do not read the Federal
Register. A number of comments requested the comment period be extended
some additional time to allow members of the merchant marine, who are
often away from their home port for 30 days or more, to participate in
the ``rulemaking.''
The Coast Guard did not extend the comment period on the notice of
recalculation. The notice was not a regulatory proposal and no agency
action was proposed at that time. The 90-day comment period was
adequate for the purpose of reviewing and commenting on the Coast
Guard's recalculation.
Discussion of Proposed Rule
Overview
The Coast Guard proposes to--
Revise the user fees for issuing merchant mariner licenses,
certificates of registry, and merchant mariners documents; and
Reformat 46 CFR 10.109 and 12.02-18, the two sections in which
the fees are published, by replacing the current narrative text with a
more user-friendly table format.
Proposed Fees
The Coast Guard used the recalculation data to develop the revised
MMLD user fees. In six cases, the recalculated cost figures indicated
that the costs of providing the services was lower than the currently
published fees. The Coast Guard took immediate action to reduce the
amount collected for those six fees. This proposal would make five of
those reductions permanent.
With the exception of 3 fees that remained the same, in all other
cases, the cost of providing the services was higher than the currently
published fees. This proposal would raise those fees based on cost
figures developed during the recalculation and reassessment. The
methodology for recalculation and the issues concerning the proposed
fee adjustments are explained in detail in the draft regulatory
assessment.
The following illustrations show Secs. 10.109 and 12.02-18 in the
current CFR text format, and compare the currently published fees, the
recalculated program costs, and the proposed fees.
Illustration 1.--Licenses and Certificates of Registry
----------------------------------------------------------------------------------------------------------------
Recalculated
CFR Section--46 CFR 10.109 Published fee program costs Proposed fees
----------------------------------------------------------------------------------------------------------------
(a) For Licenses:
(1) Upper Level:
(i) For evaluation for an original license........ $87 \1\$119 $115
(ii) For evaluation for a license other than an
original, including a raise in grade of a license 70 102 100
(iii) For administration of an examination,
including allowable retests...................... 150 110 110
(iv) For administration of a limited examination
required under subpart D of this part, including
allowable retests................................ 55 \2\45 45
(v) For issuance of a license..................... 35 62 45
(2) Lower level:
(i) For evaluation for an original license........ 82 \3\136 115
(ii) For evaluation for a license other than an
original, including a raise in grade in a license 65 119 100
(iii) For administration of an examination,
including allowable retests...................... 80 98 95
(iv) For administration of a limited examination
required under subpart D of this part, including
allowable retests................................ 55 45 45
(v) For issuance of a license..................... 35 51 45
(3) Radio Officer:
(i) For evaluation for an original license........ 62 \4\128 65
(ii) For evaluation for a license other than an
original, including a raise in grade in a license 45 111 50
(iii) For issuance of a license................... 35 61 45
(b) For endorsements, except the radar observer
endorsement, subsequent to the issuance of the license:
(1) For evaluation for single or multiple endorsements 45 50 50
(2) For administration of examinations, including
allowable retests.................................... 55 45 45
(3) For issuance of single or multiple endorsements to
an existing license.................................. 35 46 45
(c) For renewal of a license:
(1) For evaluation for renewal of a license:
(i) Except for a radio officer.................... 45 50 50
(ii) For a radio officer.......................... 45 n/a 50
(2) For administration of an open-book exercise if
required under Sec. 10.209 of this part.............. 55 45 45
(3) For issuance of a renewed license................. 35 46 45
(4) For issuance of a renewed license, without
evaluation or examination, for continuity purposes
only................................................. 35 \5\46 45
(d) For Certificates of Registry:
(1) For Chief Purser, Purser, and Senior Assistant
Purser:
(i) For evaluation of an unlicensed applicant for
a certificate of registry........................ 62 \6\123 120
(ii) For evaluation of an applicant who holds a
license or certificate of registry issued under
this part........................................ 45 106 105
(iii) For issuance of a certificate of registry... 35 179 45
(2) For Junior Assistant Purser, Medical Doctor, and
Professional Nurse:
(i) For evaluation of an unlicensed applicant for
a certificate of registry........................ 17 \7\128 120
(ii) For evaluation of an applicant who holds a
license or certificate of registry issued under
this part........................................ (\11\) 111 105
[[Page 16026]]
(iii) For issuance of a certificate of registry... 35 61 45
(3) For renewal of a Certificate of Registry:
(i) For evaluation for renewal of a certificate of
registry......................................... (\11\) \8\50 50
(ii) For issuance of a renewed certificate of
registry......................................... 35 46 45
(e) For reissue of a license or certificate of registry
issued under this part where a fee is required in Sec.
10.219................................................... 35 106 45
(f) For endorsements to existing license, a raise in grade
of a license, an additional license, or certificate of
registry where further evaluations are not required...... (\9\) n/a (\11\)
(g) For endorsements to an existing license, a raise in
grade of a license, or an additional license where
further examinations are not required.................... (\10\) n/a (\11\)
----------------------------------------------------------------------------------------------------------------
Notes:
\1\Program costs are equal to cost of evaluating an upper level license applicant for a license other than an
original plus the cost of an FBI criminal record check.
\2\Program costs are the same as the costs associated with administering an open-book exercise for renewal of a
license.
\3\Program costs are equal to cost of evaluating a lower level license applicant for a license other than an
original plus the cost of an FBI criminal record check.
\4\Program costs are equal to cost of evaluating a Radio Officer license applicant for a license other than an
original plus the cost of an FBI criminal record check.
\5\Program costs are the same as the costs associated with the issuance of a renewed license.
\6\Program costs are equal to the cost of evaluating a licensed Chief Purser, Purser or Senior Purser
Certificate of Registry applicant plus the cost of an FBI criminal record check.
\7\Program costs are equal to the cost of evaluating a licensed Junior Assistant Purser, Medical Doctor or
Professional Nurse Certificate of Registry applicant plus the cost of an FBI criminal record check.
\8\Program costs are the same as the costs associated with the evaluation of a license renewal applicant.
\9\No evaluation fee.
\10\No examination fee.
\11\No fee.
Illustration 2.--Merchant Mariner Documents
----------------------------------------------------------------------------------------------------------------
Recalculated program
CFR Section--46 CFR 12.02-18(a) Published fee costs Proposed fees
----------------------------------------------------------------------------------------------------------------
(1) For evaluation for an $17...................... \1\$128................. $110
original document (does not
apply if applicant holds a
license or certificate of
registry issued under part 10 of
this chapter).
(2) For evaluation for a merchant
mariner's document endorsed with
a qualified rating:
(i) For an original merchant $77...................... \2\$115................. $110
mariner's document.
(ii) For a merchant mariner's $60...................... $98..................... $95
document other than an
original.
(iii) Where further No fee................... n/a..................... No fee
evaluation is not required,
such as when a merchant
mariner's document is issued
incident to a license
transaction.
(3) For administration of $40...................... $144.................... $140
examination.
(4) For issuance of a document... $35...................... $53..................... $45
(5) For duplicate of a $35...................... $106.................... $45
merchant mariner's document
issued in this part where a
fee is required in Sec.
12.02-23.
(6) For a duplicate \3\$10................... $106.................... \3\$10
continuous discharge book,
record of sea service, or
copies of certificates of
discharge.
(7) For renewal of a merchant
mariner's document:
(i) For evaluation for $45...................... $50..................... $50
renewal of a merchant
mariner's document endorsed
with a qualified rating.
(ii) For evaluation for No fee................... n/a..................... No fee
renewal of a merchant
mariner's document when
submitted with a license
where a renewal evaluation
fee already applies.
(iii) For evaluation for No fee................... n/a..................... $50
renewal of a merchant
mariner's document without
qualified rating endorsement.
(iv) For administration of $40...................... $45..................... $45
open-book exercises required
by Sec. 12.02-27.
(v) For administration of MMD Only the license exercise $45\5\.................. No fee\6\
open-book exercises when fee in Sec. 10.109(c)(2)
required in addition to will apply\4\.
license open-book exercises
for concurrent renewal of
these documents.
(vi) For issuance of a 35....................... 46...................... 45
renewal of a merchant
mariner's document including
those issued for continuity
purposes only.
----------------------------------------------------------------------------------------------------------------
Notes:
\1\Program costs are equal to cost of evaluating an applicant for a merchant mariner's document without
qualified rating endorsement plus the cost of an FBI criminal record check.
\2\Program costs are equal to the cost of evaluating an applicant for an original merchant mariner's document
with qualified rating endorsement plus the cost of an FBI criminal record check.
\3\Payment of fee is not required if loss is caused by shipwreck or other casualty; other casualty includes
damage to a ship caused by collision, explosion, tornado, wreck, flooding, grounding, beaching or fire (see
Sec. 12.02-23).
\4\Fee published in 46 CFR 10.109(c)(2) for administration of an open-book exercise for renewal of a license is
equal to $55.
\5\Program costs are the same as the costs associated with the administration of an open-book exercise for
renewal of a license.
\6\Payment of fee is not required for open-book exercise for renewal of MMD since payment is made during
concurrent open-book exercise for renewal of license.
[[Page 16027]]
Reformatting
The Coast Guard proposes to reformat the two CFR sections (46 CFR
10.109 and 12.02-18) in which the fees are currently published. The
current text presentation is confusing and does not easily identify the
fees for each phase of an MMLD transaction. The Coast Guard proposes to
replace the text with a table which is more user-friendly to the
mariner and to REC personnel, and would help them determine the fees
that apply to a particular transaction. For each MMLD transaction, the
tables would set out the fees for each of the three transaction
phases--evaluation, examination, and issuance. You can read across a
single line to find the fees associated with all the phases in any
particular license, certificate of registry, or merchant mariner
document transaction. In the table format--
An n/a in the fees column would mean there is no Coast Guard
activity in that phase for that transaction; and
A no fee in the fees column would mean there is an activity
for that phase, but there is no fee charged for that activity.
The following illustration shows Sec. 12.02-18, Fees, as it would
appear in the proposed table format.
Illustration 3.--Proposed Table 12.02-18--Fees
----------------------------------------------------------------------------------------------------------------
And you need--
--------------------------------------------------------------
If you apply for-- Evaluation Then Examination Then Issuance Then the
the fee is: the fee is: fee is:
----------------------------------------------------------------------------------------------------------------
Merchant Mariner Document:
Original:
Without endorsement...................... $110 n/a $45
With endorsement......................... 110 $140 45
Endorsement for qualified rating............. 95 140 45
Upgrade or Raise in Grade.................... 95 140 45
Renewal without endorsement for qualified
rating...................................... 50 n/a 45
Renewal with endorsement for qualified rating 50 45 45
Renewal for continuity purposes.............. n/a n/a 45
Reissue/Replacement/Duplicate................ n/a n/a \1\45
Other Transactions:
Duplicate Continuous Discharge Book.......... n/a n/a 10
Duplicate record of sea service.............. n/a n/a 10
Copy of certificate of discharge............. n/a n/a 10
----------------------------------------------------------------------------------------------------------------
\1\Duplicate for document lost as result of marine casualty--No Fee.
Criminal Record Check Fee
The Coast Guard would re-institute collection of the $17 FBI
criminal record check fee when the final rule for this project becomes
effective. The $17 FBI criminal record check fee would be included in
the proposed evaluation phase fee for original documents.
Regulatory Assessment
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 and has not been reviewed by the
Office of Management and Budget under that Order. It is not significant
under the regulatory policies and procedures of the Department of
Transportation (DOT) (44 FR 11040; February 26, 1979). A separate Draft
Regulatory Assessment document, however, has been prepared for this
proposal and is available in the docket for inspection or copying where
indicated under ADDRESSES.
The total annual revenues from direct user fees under subtitle II
of 46 U.S.C. 2110 does not exceed $27 million and the merchant marine
licensing and documentation (MMLD) revenues for fiscal year 1996 were
only $4.6 million. The proposed revisions would increase these revenues
to an estimated $9.3 million. This represents the maximum amount of
revenue that could be collected based on recalculated data and
transaction figures. The total revenue of direct user fees under
subtitle II of 46 U.S.C. 2110 for fiscal year 1997 did not exceed $23.1
million, well below the $100 million threshold that would make a
rulemaking economically significant.
The proposed rule would affect all mariners required to hold a
license or certificate of registry (COR) under 46 CFR part 10 or a
merchant mariner document (MMD) under 46 CFR part 12. The Draft
Regulatory Assessment contains a comparison of the proposed fees with
1994 mariner salary levels. It also contains a comparison of the
proposed fees with professional license fees paid by members of other
professions. It illustrates proposed fees as a percentage of typical
annual salary and displays them along with the same type of percentages
for other professions. The U.S. Maritime Administration (MARAD)
provided a listing of typical salaries for persons employed in the
marine industry in 1996. The Coast Guard also used 1994 salary data
from the Bureau of Labor Statistics (BLS) for this analysis. Because
MARAD used mean salary data from 1996 and BLS used median salary data
from 1994, it is difficult to draw conclusions using these numbers.
However, the information is included in the Draft Regulatory Assessment
for general comparison purposes.
The impact of the proposed fees on the individual merchant mariner
would occur at the time fees are paid. At all other years during the
validity of the license, document, or certificate, if there are no
document transactions, no payments are made. The relative economic
impact of the proposed fees on each mariner would vary depending upon
the number and type of documents held by the mariner and the mariner's
ability to pay.
To assess the impact of the proposed fees on the individual
mariner, the Coast Guard annualized fees over the period the documents
were valid. We illustrated the document transactions a hypothetical
mariner may require over the first 10 years he or she holds a license
or document. We assumed that the document transactions this mariner
would need during that period would include renewals, raises in grade
and endorsements. Our analysis of the costs borne by the mariner covers
a 10-year period. As an example, an individual who obtained an original
upper level deck license requiring an examination would need to renew
that license after 5 years, for a second 5-year period of validity.
Over this 10-year period, we assumed the officer would need at least
[[Page 16028]]
one endorsement, which requires a one-time payment and is valid
throughout the life of the license. Over the 10 years, that officer
would incur a total cost of $550 for the original license, its renewal,
and the endorsement. This is a $55 per year annualized cost to the
mariner over that 10-year period.
Using the previous example and using the current fees, the mariner
seeking an upper level license would have paid $542, which has a 10-
year annualized cost of $54.20. The $8 total difference ($550-$542=$8)
between the cost of the transactions under the current fees and under
the proposed fees would annualize over 10 years to $0.80 per year.
In the Draft Regulatory Assessment, salary data is shown for
informational purposes and was used to establish a benchmark for
comparison with the proposed fees. Because of the wide variance in
salaries and days worked, each mariner's earnings will be different and
no conclusion regarding the impact of the proposed fee revisions could
be drawn based solely on this information.
The Draft Regulatory Assessment contains more detailed discussion
of the impact of the proposed fee revisions upon the merchant marine
profession, and contains comparisons with other professional licensing
fees.
Summary
The Coast Guard found that the impact of the proposed revisions
would vary with the financial situation of each individual mariner.
However, the data suggested the financial impact of the proposed fee
revisions are not significantly different from the user and licensing
fees of other professions, both in terms of actual fees and as a
percent of salary. The impact of the proposed fee revisions to the
individual merchant mariner occurs over the phases of the document
transactions at the time each transaction phase fee is paid. Absent
further transactions during the document's 5-year period of validity,
no other payments would be necessary until the renewal of the document.
The Coast Guard understands that the proposed fee revisions may
represent only one of several expenses incurred by the individual
mariner when acquiring a Coast Guard license, COR, or MMD. Within the
marine professions and trades, the fees for MMLD transactions have
essentially become part of the overall cost associated with working in
the industry.
The Coast Guard invites public comment or data relating to the
impact of the proposed fees upon the different categories of license,
COR, and MMD holders.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), the Coast
Guard considers whether this proposed rule, if adopted, will have a
significant economic impact on a substantial number of small entities.
``Small entities'' include 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.
The fee revisions in this proposed rule will impact the individual
mariner, which for the most part will not affect small entities.
However, some license holders both own and operate their vessels as
small businesses. For those individuals, this proposed rule has small
entity implications.
The Coast Guard estimates that few sole proprietors working as
towing vessel operators, offshore supply vessel operators, and mobile
offshore drilling unit operators. However, we believe that there are a
number of sole proprietors in the small passenger vessel industry.
After contacting the National Association of Charter Boat Operators and
the Passenger Vessel Association, we estimate that 90 percent of the
approximately 5,600 inspected and 480 uninspected small passenger
vessels may operate in this fashion.
As a business, sole proprietors can claim their licensing and
documentation user fees as a business expense for tax purposes and many
can, pass along the expense of the licensing fees to the consumer in
the form of higher rates. Therefore, for these reasons, the Coast Guard
certifies under 5 U.S.C.(b) that this proposed rule, if adopted, will
not have a significant economic impact on a substantial number of small
entities. If, however, you think that your business or organization
qualifies as a small entity and that this proposed rule will have a
significant economic impact on your business or organization, please
submit a comment (see ADDRESSES) explaining why you think it qualifies
and in what way and to what degree this proposed rule will economically
affect it.
Assistance for Small Entities
In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard
wants to assist small entities in understanding this proposed rule so
that they can better evaluate its effects on them and participate in
the rulemaking process. If your small business or organization is
affected by this rule and you have questions concerning its provisions
or options for compliance, please contact the Coast Guard's Small
Business Program Manager, Danielle Wildason, telephone 202-267-1154.
Collection of Information
This proposed rule does not contain collection of information
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
Federalism
The Coast Guard has analyzed this proposed rule under the
principles and criteria contained in Executive Order 12612 and has
determined that this proposed rule does not have sufficient
implications for federalism to warrant the preparation of a Federalism
Assessment.
Environment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under paragraph 2.B.2.e (34)(a) of
Commandant Instruction M16475.1B, this proposed rule is categorically
excluded from further environmental documentation. A ``Categorical
Exclusion Determination'' is available in the docket for inspection or
copying where indicated under ADDRESSES.
List of Subjects
46 CFR Part 10
Fees, Reporting and recordkeeping requirements, Schools, Seamen.
46 CFR Part 12
Fees, Reporting and recordkeeping requirements, Seamen.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 46 CFR parts 10 and 12 as follows:
PART 10--LICENSING OF MARITIME PERSONNEL
1. The authority citation for part 10 continues to read as follows:
Authority: 31 U.S.C. 9701; 46 U.S.C. 2101, 2103, 2110; 46 U.S.C.
Chapter 71; 46 U.S.C. 7502, 7505, 7701; 49 CFR 1.45, 1.46; Sec.
10.107 also issued under the authority of 44 U.S.C. 3507.
2. Revise Sec. 10.109 to read as follows:
Sec. 10.109 Fees.
Use table 10.109 to determine the fees that you must pay for
license and certificate of registry activities in this part:
[[Page 16029]]
Table 10.109--Fees
----------------------------------------------------------------------------------------------------------------
And you need--
--------------------------------------------------------------
If you apply for-- Evaluation Then Examination Then Issuance Then the
the fee is: the fee is: fee is:
----------------------------------------------------------------------------------------------------------------
License:
Original:
Upper level.............................. $115 $110 $5
Lower level.............................. 115 95 45
Raise of grade............................... 100 45 45
Modification or removal of limitation or
scope....................................... 50 45 45
Endorsement(s)............................... 50 45 45
Renewal...................................... 50 45 45
Renewal for continuity purposes.............. n/a n/a 45
Reissue/Replacement/Duplicate................ n/a n/a 45\1\
Radio Officer License:
Original..................................... 65 n/a 45
Endorsement(s)............................... 50 45 45
Renewal...................................... 50 n/a 45
Renewal for continuity purposes.............. n/a n/a 45
Reissue/Replacement/Duplicate................ n/a n/a 45\1\
Certificate of Registry:
Original (MMD holder)........................ 105 n/a 45
Original (MMD applicant)..................... 120 n/a 45
Renewal...................................... 50 n/a 45
Renewal for continuity purposes.............. n/a n/a 45
Endorsement(s) (Sec. 10.809 for Marine
physician assistant or Hospital corpsman)... n/a n/a 45
Reissue/Replacement/Duplicate................ n/a n/a 45\1\
----------------------------------------------------------------------------------------------------------------
\1\Duplicate for document lost as result of marine casualty--No Fee.
Sec. 10.209 [Amended]
3. In Sec. 10.209(e)(4), remove the symbols ``Secs. '' and add, in
its place, the word ``tables'.
Secs. 10.205, 10.207, 10.209, 10.217, and 10.219 [Amended]
4. In addition to the amendments set forth above, in 46 CFR part
10, remove the word ``Sec. 10.109'' and add, in its place, the words
``table 10.109'' in the following places:
(a) Section 10.205(a);
(b) Section 10.207(a);
(c) Section 10.209(a)(1), (e)(3)(i)(A), (e)(4), and (f);
(d) Section 10.217((a)(1) and (a)(2); and
(e) Section 10.219(c).
PART 12--CERTIFICATION OF SEAMEN
5. 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; 49 CFR 1.46.
6. Revise Sec. 12.02-18 to read as follows:
Sec. 12.02-18 Fees.
(a) Unless otherwise specified in this part, use table 12.02-18 to
determine the fees that you must pay for merchant mariner document
activities.
(b) Unless otherwise specified in this part, when two documents are
processed on the same application--
(1) Evaluation Fees. If a merchant mariner document transaction is
processed on the same application as a license or certificate of
registry transaction, only the license or certificate of registry
evaluation fee will be charged;
(2) Examination Fees. If a license examination under part 10 also
fulfills the examination requirements in this part for a merchant
mariner document, only the fee for the license examination is charged;
and
(3) Issuance Fees. A separate issuance fee will be charged for each
document issued.
(c) Unless otherwise directed, the prescribed fee must be paid as
follows:
(1) If an evaluation fee, at the time of application.
(2) If an examination fee, prior to taking the first examination
section at a Regional Examination Center. For examinations administered
at locations other than a Regional Examination Center, the examination
fee must be received by the Regional Examination Center at least 1 week
in advance of the scheduled examination date.
(3) If an issuance fee, prior to receiving the document.
(d) Prescribed fees must be paid by one of the following options:
(1) Mail-in. Payment by check or money order only, made payable
to--
(i) U.S. Coast Guard;
(ii) U.S. Government;
(iii) U.S. Treasury; or
(iv) U.S. Department of Transportation.
(2) Fee payment must be made by check or money order for the exact
amount of the fee. Each check or money order must include the
applicant's (payor's) social security number.
(3) In-person. Fee payment will be accepted by cash, check, or
money order at Coast Guard units where Regional Examination Centers are
located. Where an applicant makes payment by cash, payment must be in
the exact amount.
(e) The following applies to anyone failing to pay a fee or charge
established under this subpart:
(1) Anyone who fails to pay a fee or charge established under this
subpart is liable to the United States Government for a civil penalty
of not more than $5,000 for each violation.
(2) The Coast Guard may assess additional charges to a mariner to
recover collection and enforcement costs associated with delinquent
payments of, or failure to pay, a fee. Coast Guard documentation
services may also be withheld from anyone pending payment of
outstanding fees owed to the Coast Guard for services already provided
by Regional Examination Centers.
[[Page 16030]]
Table 12.02-18--Fees
----------------------------------------------------------------------------------------------------------------
And you need--
--------------------------------------------------------------
If you apply for-- Evaluation Then Examination Then Issuance Then the
the fee is: the fee is: fee is:
----------------------------------------------------------------------------------------------------------------
Merchant Mariner Document:
Original:
Without endorsement...................... $110 n.a $45
With endorsement......................... 110 $140 45
Endorsement for qualified rating............. 95 140 45
Upgrade or Raise in Grade.................... 95 140 45
Renewal without endorsement for qualified
rating...................................... 50 n/a 45
Renewal with endorsement for qualified rating 50 45 45
Renewal for continuity purposes.............. n/a n/a 45
Reissue/Replacement/Duplicate................ n/a n/a \1\45
Other Transactions:
Duplicate Continuous Discharge Book.......... n/a n/a 10
Duplicate record of sea service.............. n/a n/a 10
Copy of certificate of discharge............. n/a n/a 10
----------------------------------------------------------------------------------------------------------------
\1\Duplicate for document lost as result of marine casualty--No Fee.
Sec. 12.02-27 [Amended]
7. In Sec. 12.02-27(e)(4) and (f), remove the symbols ``Secs. ''
and add, in its place, the word ``tables''.
Secs. 12.02-23 and 12.02-27 [Amended]
8. In addition to the amendments set forth above, in 46 CFR part
12, remove the word ``Sec. 12.02-18'' and add, in its place, the words
``table 12.02-18'' in the following places:
(a) Section 12.02-23(b) and (c)(2);
(b) Section 12.02-27(a)(1), (e)(3)(i)(A), (e)(4), and (f).
Dated: March 24, 1998.
R.C. North,
Rear Admiral, U.S. Coast Guard, Assistant Commandant for Marine Safety
and Environmental Protection.
[FR Doc. 98-8409 Filed 3-31-98; 8:45 am]
BILLING CODE 4910-14-P