[Federal Register Volume 67, Number 202 (Friday, October 18, 2002)]
[Rules and Regulations]
[Pages 64313-64315]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26463]


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DEPARTMENT OF TRANSPORTATION

Coast Guard

46 CFR Part 10

[USCG-2002-13213]
RIN 2115-AG43


Great Lakes Maritime Academy--Eligibility of Certain Graduates 
for Unrestricted Third-Mate Licenses

AGENCY: Coast Guard, DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: The Coast Guard is amending minimum service or training 
requirements for ocean or near coastal steam or motor vessel third mate 
licenses. Graduation from the Great Lakes Maritime Academy (GLMA) deck 
curriculum ocean option will qualify an applicant for licensing on both 
ocean and near coastal vessels. GLMA graduates who do not complete the 
ocean option or one of the other approved service or training routes 
will continue to be eligible for licensing only on near coastal 
vessels.

DATES: This rule is effective January 16, 2003, unless an adverse 
comment or notice of intent to submit an adverse comment reaches the 
Docket Management Facility on or before December 17, 2002. If an 
adverse comment or notice of intent to submit an adverse comment is 
received, we will withdraw this direct final rule and publish a timely 
notice of withdrawal in the Federal Register.

ADDRESSES: To make sure that your comments and related material are not 
entered more than once in the docket, please submit them by only one of 
the following means:
    (1) By mail to the Docket Management Facility (USCG-2002-13213), 
U.S. Department of Transportation, room PL-401, 400 Seventh Street SW., 
Washington, DC 20590-0001.
    (2) By delivery to room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The telephone 
number is 202-366-9329.
    (3) By fax to the Docket Management Facility at 202-493-2251.
    (4) Electronically through the Web site for the Docket Management 
System at http://dms.dot.gov.
    The Docket Management Facility maintains the public docket for this 
rulemaking. Comments and related material received from the public, as 
well as documents mentioned in this preamble as being available in the 
docket, will become part of this docket and will be available for 
inspection or copying at room PL-401 on the Plaza level of the Nassif 
Building, 400 Seventh Street SW., Washington DC, 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Mr. Donald Kerlin, National Maritime Center, U.S. Coast Guard, 
telephone 202-493-1001. If you have questions on viewing or submitting 
material to the docket, call Dorothy Beard, Chief, Dockets, Department 
of Transportation, telephone 202-366-5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

    We encourage you to participate in this rulemaking by submitting 
comments and related material. If you do so, please include your name 
and address, identify the docket number for this rulemaking (USCG-2002-
13213), indicate the specific section of this document to which each 
comment

[[Page 64314]]

applies, and give the reason for each comment. You may submit your 
comments and material by mail, hand delivery, fax, or electronic means 
to the Docket Management Facility at the address under ADDRESSES; but 
please submit your comments by only one means. If you submit your 
comments by mail or hand delivery, submit them in an unbound format, no 
larger than 81/2 by 11 inches, suitable for copying and electronic 
filing. If you submit them by mail and would like to know that they 
reached the Facility, please enclose a stamped, self-addressed postcard 
or envelope.

Regulatory Information

    We are publishing a direct final rule under 33 CFR 1.05-55 because 
we do not expect an adverse comment. If no adverse comment or notice of 
intent to submit an adverse comment is received by December 17, 2002, 
this rule will become effective as stated in the DATES section. In that 
case, approximately 30 days before the effective date, we will publish 
a document in the Federal Register stating that no adverse comment was 
received and confirming that this rule will become effective as 
scheduled. However, if we receive an adverse comment or notice of 
intent to submit an adverse comment, we will publish a document in the 
Federal Register announcing the withdrawal of all or part of this 
direct final rule. If an adverse comment applies only to part of this 
rule (e.g., to an amendment, a paragraph, or a section) and it is 
possible to remove that part without defeating the purpose of this 
rule, we may adopt, as final, those parts of this rule on which no 
adverse comment was received. We will withdraw the part of this rule 
that was the subject of an adverse comment. If we decide to proceed 
with a rulemaking following receipt of an adverse comment, we will 
publish a separate notice of proposed rulemaking (NPRM) and provide a 
new opportunity for comment.
    A comment is considered ``adverse'' if the comment explains why 
this rule or a part of this rule would be inappropriate, including a 
challenge to its underlying premise or approach, or would be 
ineffective or unacceptable without a change.

Background and Purpose

    Section 10.407 of Title 46, Code of Federal Regulations provides 
several routes by which an applicant can demonstrate sufficient 
``service or training'' to qualify for licensing as a third mate of 
ocean or near coastal steam or motor vessels of any gross tons. The 
applicant can demonstrate actual sea service (paragraphs (a)(1) and 
(c)), completion of an apprentice mate training program (paragraph 
(a)(3)), or graduation from one of several maritime academies 
(paragraphs (a)(2) and (b)). Each of the maritime academies offers 
``sea service'' training as part of its curriculum. Until recently, sea 
service training at the Great Lakes Maritime Academy (GLMA) was 
available exclusively on Great Lakes waters. In recognition of that 
limitation, 46 CFR 10.407(a)(2) and (b) provide that GLMA graduation 
qualifies an applicant for ``near coastal vessel'' licensing but not 
for ``ocean or near coastal vessel'' licensing.
    Beginning with the Class of 2003, GLMA now offers its deck 
curriculum cadets an ``ocean option program.'' The Coast Guard 
considers the ``ocean option'' to provide the same level of sea service 
training offered by maritime academies that are not subject to the 
``near coastal vessel'' restriction. Therefore, we will accept 
graduation from the ocean option in GLMA's deck curriculum as 
qualifying an applicant for ``ocean or near coastal vessel'' licensing. 
GLMA deck class graduates who have not completed the ocean option, and 
who have not satisfied one of the other ``service or training'' routes 
mentioned above, will continue to be eligible only for near coastal 
vessel licensing.

Discussion of Rule

    Minimum service or training requirements for applicants for third 
mate licenses on ``ocean or near coastal'' steam or motor vessels of 
any gross tons are contained in 46 CFR 10.407. Paragraph (a)(2)(iv) of 
that rule excludes GLMA from a list of maritime academies whose 
graduates meet the training requirements for ``ocean or near coastal'' 
licensing, while paragraph (b) provides that GLMA deck curriculum 
graduates are eligible only for ``near coastal'' licensing. We are 
revising (a)(2)(iv) to include the GLMA ocean option program, and we 
are revising (b) so that the ``near coastal''-only restriction is 
retained only for GLMA graduates who have no ``ocean sea service.''

Regulatory Evaluation

    This rule is not a ``significant regulatory action'' under section 
3(f) of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that Order. The 
Office of Management and Budget has not reviewed it under that Order. 
It is not ``significant'' under the regulatory policies and procedures 
of the Department of Transportation (DOT) (44 FR 11040, February 26, 
l979). We expect the economic impact of this rule to be so minimal that 
a full Regulatory Evaluation under paragraph 10e of the regulatory 
policies and procedures of DOT is unnecessary.
    This rule will have no environmental consequences, impose no 
collection of information, and impose no other costs while addressing 
needs expressed by the regulated industry.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered whether this rule will 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.
    This rule has no small entity impact because it has no cost. 
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that this 
rule will not have a significant economic impact on a substantial 
number of small entities. Comments submitted in response to this 
finding will be evaluated under the criteria in the ``Regulatory 
Information'' section of this preamble.

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).

Federalism

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if the rule 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 
rule 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 rule will not result in such an expenditure, we 
do discuss the effects of this rule elsewhere in this preamble.

[[Page 64315]]

Taking of Private Property

    This rule will not effect 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 rule under Executive Order 13045, Protection 
of Children from Environmental Health Risks and Safety Risks. This rule 
is not an economically significant rule and does not create an 
environmental risk to health or risk to safety that may 
disproportionately affect children.

Indian Tribal Governments

    This rule 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.
    To help the Coast Guard establish regular and meaningful 
consultation and collaboration with Indian and Alaskan Native tribes, 
we published a notice in the Federal Register (66 FR 36361, July 11, 
2001) requesting comments on how to best carry out the Order. We invite 
your comments on how this rule might impact tribal governments, even if 
that impact may not constitute a ``tribal implication'' under the 
Order.

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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs as a significant energy 
action. Therefore, it does not require a Statement of Energy Effects 
under Executive Order 13211.

Environment

    We have considered the environmental impact of this rule and 
concluded that, under figure 2-1, paragraph (34)(c) of Commandant 
Instruction M16475.lD, this rule is categorically excluded from further 
environmental documentation. The changes in this rule concern the 
training, qualifying and licensing of maritime personnel. A 
``Categorical Exclusion Determination'' is available in the docket 
where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 10

    Penalties, Reporting and recordkeeping requirements, Schools, 
Seamen.

    For the reasons discussed in the preamble, the Coast Guard amends 
46 CFR part 10 as follows:

PART 10--LICENSING OF MARITIME PERSONNEL

    1. 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, 
and 2110; 46 U.S.C. Chapter 71; 46 U.S.C. 7502, 7505, and 7701; 49 
CFR 1.45 and 1.46. Section 10.107 is also issued under the authority 
of 44 U.S.C. 3507.


Sec.  10.407  [Amended]

    2. In Sec.  10.407, paragraph (a)(2)(iv), remove the word 
``except'' and in its place add the words ``including the ocean option 
program in'', and in paragraph (b), after the word ``Academy'' add the 
words ``with no ocean sea service''.

    Dated: October 7, 2002.
Paul J. Pluta,
Rear Admiral, Coast Guard, Assistant Commandant for Marine Safety, 
Security and Environmental Protection.
[FR Doc. 02-26463 Filed 10-17-02; 8:45 am]
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