[Federal Register Volume 71, Number 120 (Thursday, June 22, 2006)]
[Rules and Regulations]
[Pages 35816-35818]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-9864]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 1

[USCG-2006-24520]
RIN 1625-AB03


Coast Guard Organization; Activities Europe

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: This rule makes non-substantive changes in Coast Guard 
regulations that describe the agency's organization for marine safety 
functions, and how decisions can be appealed within the agency. The 
changes are necessitated by a recent organizational change that placed 
Activities Europe under the operational and administrative control of 
the Coast Guard's Atlantic Area Command. This rule will have no 
substantive effect on the regulated public.

DATES: This final rule is effective June 22, 2006.

ADDRESSES: Comments and material received from the public, as well as 
documents mentioned in this preamble as being available in the docket, 
are part of docket USCG-2006-24520 and are available for inspection or 
copying at the Docket Management Facility, U.S. Department of 
Transportation, room PL-401, 400 Seventh Street, SW., Washington, DC, 
between 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.

[[Page 35817]]


FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Mr. D. Skewes, Coast Guard, telephone 202-267-0418 or e-mail 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-493-0402.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    We did not publish a Notice of Proposed Rulemaking (NPRM) for this 
regulation. Under both 5 U.S.C. 553(b)(A) and (b)(B), the Coast Guard 
finds that this rule is exempt from notice and comment rulemaking 
requirements of the Administrative Procedure Act because the changes it 
makes involve agency organization, procedure, and practice, and are 
non-substantive. This rule consists only of organizational and 
conforming amendments. These changes will have no substantive effect on 
the public; therefore, it is unnecessary to publish an NPRM. Under 5 
U.S.C. 553(d)(3), the Coast Guard finds that, for the same reasons, 
good cause exists for making this rule effective less than 30 days 
after publication in the Federal Register.

Discussion of the Rule

    A recent organizational change transferred operational and 
administrative control of Coast Guard Activities Europe from the Coast 
Guard's Fifth District to its Atlantic Area Command and deleted 
``Marine Inspection Office'' from the unit's name. The only impact on 
the public is to change the route for appeals from decisions or actions 
of Activities Europe, from the Fifth District Commander to the Atlantic 
Area Commander. Existing Coast Guard marine safety regulations describe 
the agency's organization and appeals process, but uses language that 
presupposes that all marine inspection offices are under district 
office control. This rule amends the regulatory language to take into 
account Activities Europe's new chain of command.

Regulatory Evaluation

    This rule 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 Budget 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 unnecessary. 
This rule involves internal agency practices and procedures and makes 
non-substantive changes that 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 rule 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. 
This rule does not require a general NPRM and, therefore, is exempt 
from the requirements of the Regulatory Flexibility Act. Although this 
rule is exempt, we have reviewed it for potential economic impact on 
small entities. This rule will have no substantive effect on the 
regulated public. 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.

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 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 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.

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.

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

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adopted by voluntary consensus standards bodies. This rule 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 
and Department of Homeland Security Management Directive 5100.1, which 
guide 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, 
paragraphs (34)(a) and (b), of the Instruction from further 
environmental documentation because this rule involves editorial, 
procedural, and internal agency functions. An ``Environmental Analysis 
Check List'' and a ``Categorical Exclusion Determination'' are 
available in the docket where indicated under ADDRESSES.

List of Subjects in 46 CFR Part 1

    Administrative practice and procedure, Organization and functions 
(Government agencies), Reporting and recordkeeping requirements.

0
For the reasons discussed in the preamble, the Coast Guard amends 46 
CFR part 1 as follows:

PART 1--ORGANIZATION, GENERAL COURSE AND METHODS GOVERNING MARINE 
SAFETY FUNCTIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 
U.S.C. Chapter 93; Public Law 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. Amend Sec.  1.01-05 by adding paragraph (c) to read as follows:


Sec.  1.01-05  Definitions of terms used in this part.

* * * * *
    (c) The term Area Commander means an officer of the Coast Guard 
designated as such by the Commandant to command all Coast Guard 
activities within an Area.


0
3. Amend Sec.  1.01-10 by revising paragraph (b) introductory text to 
read as follows:


Sec.  1.01-10  Organization.

* * * * *
    (b) To carry out the regulatory and enforcement aspects of marine 
safety, the staff officers designated in this paragraph are assigned to 
the Commandant. The chain of military command is directly from the 
Commandant to the District Commanders, except for marine safety 
regulatory and enforcement matters within the area of responsibility of 
Coast Guard Activities Europe. For Activities Europe, the chain of 
command is from the Commandant to the Atlantic Area Commander. The 
staff officers at Headquarters act only on the basis of the 
Commandant's authority and direction.
* * * * *


Sec.  1.01-15  [Amended]

0
4. Amend Sec.  1.01-15 as follows:
0
a. Revise paragraph (a); and
0
b. Revise the first sentence in paragraph (b) to read as follows:


Sec.  1.01-15  Organization; areas and districts.

    (a) To assist the District Commander, and the Atlantic Area 
Commander with respect to Activities Europe, in carrying out the 
regulatory and enforcement aspects of marine safety, there is assigned 
to each District Commander and to the Atlantic Area Commander a staff 
officer designated as Chief, Marine Safety Division. The chain of 
military command is from the District Commander to each Officer in 
Charge, Marine Inspection, within the district and from the Atlantic 
Area Commander to the Officer in Charge, Activities Europe. The Chief 
of the Marine Safety Division is a staff officer assigned to the 
District Commanders and Atlantic Area Commander, and acts only on the 
basis of the authority and direction of the District Commanders, and 
the Atlantic Area Commanders with respect to Activities Europe.
* * * * *
    (b) The Officers in Charge, Marine Inspection, in the Coast Guard 
districts, under the supervision of the District Commanders, and the 
Officer in Charge, Activities Europe, under the supervision of the 
Atlantic Area Commander are in charge of the marine inspection offices 
in the various ports and have command responsibilities with assigned 
marine safety zones for the performance of duties with respect to the 
inspection, enforcement and administration of navigation and vessel 
inspection laws, and rules and regulations governing marine safety. * * 
*
* * * * *

0
5. Amend Sec.  1.01-25 by revising paragraph (b) to read as follows:


Sec.  1.01-25  General flow of functions.

* * * * *
    (b)(1) The general course and method by which the functions (other 
than those dealing with suspension and revocation of licenses, 
certificates or documents described in paragraph (c) of this section) 
concerning marine safety activities are channeled, begins with the 
Officer in Charge, Marine Inspection, at the local Marine Safety 
Office. From this Officer the course is to the Chief, Marine Safety 
Division, on the staff of the District Commander, and then to the 
District Commander. From the District Commander, the course is to the 
Chief of one of the offices with Marine Safety and Environmental 
Protection at Headquarters.
    (2) For Activities Europe, the course is from the Officer in 
Charge, Activities Europe to the staff of the Atlantic Area Commander, 
then to the Atlantic Area Commander, and then to the Chief of one of 
the offices with Marine Safety and Environmental Protection at 
Headquarters.
* * * * *

0
6. Section 1.03-20 is revised to read as follows:


Sec.  1.03-20  Appeals from decisions or actions of an OCMI.

    Any person directly affected by a decision or action of an OCMI 
may, after requesting reconsideration of the decision or action by the 
cognizant OCMI, make a formal appeal of that decision or action, via 
the office of the cognizant OCMI, to the District Commander of the 
district in which the office of the cognizant OCMI is located, or in 
the case of the Officer in Charge, Activities Europe, to the Atlantic 
Area Commander, in accordance with the procedures contained in Sec.  
1.03-15 of this subpart.

    Dated: June 16, 2006.
S.G. Venckus,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
 [FR Doc. E6-9864 Filed 6-21-06; 8:45 am]
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