[Federal Register Volume 71, Number 161 (Monday, August 21, 2006)]
[Rules and Regulations]
[Pages 48480-48483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-13532]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Parts 1, 5, 10, 12 and 13

[USCG-2006-25535]
RIN 1625-ZA09


Mariner Licensing and Documentation Program Restructuring and 
Centralization

AGENCY: Coast Guard, DHS.

ACTION: Technical amendment.

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SUMMARY: This technical amendment authorizes the Commanding Officer, 
National Maritime Center, to perform certain mariner credentialing 
functions in addition to Officers in Charge, Marine Inspection, who 
currently perform those functions. At the end of a transitional period, 
most credentialing functions will be consolidated at a centralized 
location. The amendment also makes technical changes to the mariner 
credentialing appellate process. This rule is organizational in nature 
and will have no substantive effect on the regulated public. The 
amendment also will have no effect on any other Coast Guard regulatory 
projects or policy initiatives.

DATES: These changes are effective September 20, 2006.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call Gerald Miante, Project Manager, Maritime Personnel Qualifications 
Division (G-PSO-1), U.S. Coast Guard, telephone 202-372-1407. If you 
have questions on viewing the docket, call Ms. Renee V. Wright, Program 
Manager, Docket Operations, telephone 202-493-0402.

SUPPLEMENTARY INFORMATION:

Regulatory History

    We did not publish a notice of proposed rulemaking (NPRM) for this 
amendment. Under 5 U.S.C. 553(b)(A), the Coast Guard finds that this 
technical amendment is exempt from notice and comment rulemaking 
requirements because the amendment only makes non-substantive changes 
involving internal rules of agency organization, procedure, and 
practice. These changes will have no substantive effect on the public; 
therefore, it is unnecessary and impractical to publish an NPRM.

Background and Purpose

    Mariner credentialing functions are currently performed at the 
Regional Examination Centers (RECs). The Coast Guard is authorizing the 
Commanding Officer, National Maritime Center (NMC) to perform these 
functions in addition to the Officers in Charge, Marine Inspection 
(OCMIs). This is the first step in an incremental restructuring and 
centralization plan that will eventually streamline the RECs and bring 
them under the authority of the NMC. During implementation of this 
plan, some REC credentialing functions will be gradually transferred to 
the NMC, and some OCMIs will continue to have authority to issue 
credentials.
    When the restructuring and centralization is complete, the Coast 
Guard will notify the public in the Federal Register that the NMC will 
make decisions on applications and authorize the issuance of mariner 
credentials. The NMC will also be the central location for mariner 
records and a processing point for associated fees. RECs will remain 
open and continue to assist mariners to complete applications, take 
fingerprints, verify mariners' citizenship and identities, administer 
examinations, administer oaths, and conduct oversight for approved 
courses.
    These future changes are designed to improve service to mariners 
and address national security concerns. The restructuring and 
centralization will: (1) Enhance security by implementing consolidated 
system controls for the credentialing process; (2) improve the 
consistency of information, procedures, and mariner evaluations; and 
(3) improve program efficiencies and customer service through economies 
of scale and increased use of technology.

Discussion of the Amendment

    Title 46 of the Code of Federal Regulations (46 CFR) is being 
amended to authorize the Commanding Officer of the NMC, in addition to 
the OCMIs, to perform mariner credentialing functions. The NMC will 
begin phasing in the transfer of these functions from the OCMIs when 
facilities for the new centralized NMC become operational. 
Additionally, this amendment establishes a single final administrative 
appellate authority for all appeals concerning mariner credentialing. 
In Sec.  12.02-3, the term ``merchant mariner's documents'' has been 
substituted for ``certificates of identification, certificates of 
service, certificates of efficiency, and continuous discharge books'' 
because the Coast Guard no longer issues the latter documents.
    These technical and organizational changes do not change any 
substantive requirements of existing regulations. Further, this 
amendment will have no effect on any Coast Guard regulatory projects or 
policy initiatives, including Merchant Marine Credentials, Docket No. 
USCG-2006-24371, Transportation Worker Identification Credential, 
Docket Nos. USCG-2006-24196 and TSA-2006-24191, Validation of Merchant 
Mariners' Vital Information and Issuance of Coast Guard Merchant 
Mariner's Documents, Docket No. USCG-2003-14500, and Validation of 
Merchant Mariners' Vital Information and Issuance of Coast Guard 
Merchant Mariners' Licenses and Certificates of Registry, Docket No. 
USCG-2004-17455.

Regulatory Evaluation

    This amendment 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

[[Page 48481]]

Budget (OMB) 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 necessary. Because this amendment only authorizes the NMC 
to perform mariner credentialing functions and reorganizes the 
administrative appellate procedure, it 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 amendment 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.
    It is not expected that this amendment will have a significant 
economic impact on any small entities. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this technical amendment will not 
have a significant economic impact on a substantial number of small 
entities.

Collection of Information

    This amendment 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 amendment 
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 amendment will not result in such an expenditure, 
we do discuss the effects of this amendment elsewhere in this preamble.

Taking of Private Property

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

Indian Tribal Governments

    This amendment 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 adopted by voluntary consensus 
standards bodies.
    This amendment 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, 
which guides 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, paragraph (34)(b), of the Instruction from further 
environmental documentation. Paragraph (34)(b) excludes regulatory 
actions concerning internal agency functions or organization, such as 
delegation of authority. Under figure 2-1, paragraph (34)(b), of the 
Instruction, an Environmental Analysis Check List and a Categorical 
Exclusion Determination are not required for this technical amendment.

List of Subjects

46 CFR Part 1

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

46 CFR Part 5

    Administrative practice and procedure, Alcohol abuse, Drug abuse, 
Investigations, Seamen.

46 CFR Part 10

    Penalties, Reporting and recordkeeping requirements, Schools, 
Seamen.

46 CFR Part 12

    Penalties, Reporting and recordkeeping requirements, Seamen.

46 CFR Part 13

    Cargo vessels, Reporting and recordkeeping requirements, Seamen.

0
For the reasons set forth in the preamble, the Coast Guard amends 46 
CFR parts 1, 5, 10, 12 and 13 as follows:

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

0
1. The authority citation for 46 CFR part 1 continues to read as 
follows:


[[Page 48482]]


    Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 U.S.C. 7701; 46 
U.S.C. Chapter 93; Pub. L. 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. In Sec.  1.01-15, revise the section heading, remove the NOTE 
following paragraph (b), re-designate paragraph (c) as paragraph (d), 
revise newly redesignated paragraph (d), and add a new paragraph (c) to 
read as follows:


Sec.  1.01-15  Organization; Districts; National Maritime Center.

* * * * *
    (c) The Commanding Officer of the National Maritime Center has been 
designated and delegated to give direction to Coast Guard activities 
relating to marine safety functions consisting of the licensing, 
credentialing, certificating, shipment and discharge of seamen; 
referring to the processing of Regional Examination Center (REC) or 
cognizant OCMI violations of law, negligence, misconduct, 
unskillfulness, incompetence or misbehavior of persons applying for or 
holding merchant mariner's documents, licenses, certificates or 
credentials issued by the Coast Guard; suspension or withdrawal of 
course approvals; and recommending possible suspension or revocation 
under 46 U.S.C. Chapter 77 of licenses, credentials, certificates and 
merchant mariner's documents. Applicants for merchant mariner's 
documents, licenses, certificates or credentials may apply to the Coast 
Guard National Maritime Center or any of the Regional Examination 
Centers. Applicants may contact the National Maritime Center at 4200 
Wilson Boulevard, Suite 630, Arlington, Virginia 22203-1804, or by 
telephone at 202-493-1002. A list of Regional Examination Locations is 
available through the Coast Guard Web site at http://www.uscg.mil.
    (d) For descriptions of Coast Guard districts and marine inspection 
zones, see 33 CFR part 3.
0
3. Revise Sec.  1.03-15(h)(3) and (h)(4) to read as follows:


Sec.  1.03-15  General.

* * * * *
    (h) * * *
    (3) Commandant (G-PC), for all appeals involving suspension or 
withdrawal of course approvals, and all marine personnel issues that 
are appealed from the National Maritime Center or from an OCMI through 
a District Commander;
    (4) Commandant (G-PSE), for appeals involving the recognition of a 
classification society; or
* * * * *
0
4. Revise Sec.  1.03-45 to read as follows:


Sec.  1.03-45  Appeals from decisions or actions of the National 
Maritime Center.

    Any person directly affected by a decision or action of an officer 
or employee of the National Maritime Center (NMC) involving any of the 
marine safety functions listed in Sec.  1.01-15(c) of this subpart may, 
after requesting reconsideration of the decision or action by the NMC, 
make a formal appeal of that decision or action, via the NMC, to the 
Director of Inspection and Compliance, Commandant (G-PC), in accordance 
with the procedures contained in Sec.  1.03-15 of this subpart. The 
decision of the Director of Inspection and Compliance, Commandant (G-
PC), on such an appeal will constitute final agency action.

PART 5--MARINE INVESTIGATION REGULATIONS--PERSONNEL ACTION

0
5. The authority citation for 46 CFR part 5 continues to read as 
follows:

    Authority: 46 U.S.C. 2103, 7101, 7301, 7701; Department of 
Homeland Security Delegation No. 0170.1.

0
6. In Subpart B--Definitions, add new 46 CFR 5.11 to read as follows:


Sec.  5.11  Officer in Charge, Marine Inspection.

    Officer in Charge, Marine Inspection (OCMI) for the purposes of 
part 5 means the officer or individual so designated at one of the 
Regional Examination Centers, or any person so designated by the 
Commandant.
0
7. Revise 46 CFR 5.15 to read as follows:


Sec.  5.15  Investigating Officer.

    An investigating officer is a Coast Guard official designated by 
the Commandant, a District Commander, or the Officer in Charge, Marine 
Inspection, for the purpose of conducting investigations of marine 
casualties or matters pertaining to the conduct of persons applying for 
or holding merchant mariner's documents, licenses, certificates or 
credentials issued by the Coast Guard. An Officer in Charge, Marine 
Inspection is an investigating officer without further designation.

PART 10--LICENSING OF MARITIME PERSONNEL

0
8. The authority citation for 46 CFR 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, 7701, and 
8906; Executive Order 10173; Department of Homeland Security 
Delegation No. 0170.1. Section 10.107 is also issued under the 
authority of 44 U.S.C. 3507.

0
9. In 46 CFR 10.103 revise the definition of Officer in Charge, Marine 
Inspection (OCMI) to read as follows:


Sec.  10.103  Definitions of terms used in this part.

* * * * *
    Officer in Charge, Marine Inspection (OCMI) for the purposes of 
part 10 means the officer or individual so designated at one of the 
Regional Examination Centers, or any person so designated by the 
Commandant.
* * * * *
0
11. Revise 46 CFR 10.105(a) to read as follows:


Sec.  10.105  Applications.

    (a) Applicants for merchant mariner's documents, licenses, 
certificates or credentials may apply to the Coast Guard National 
Maritime Center or any of the Regional Examination Centers. Applicants 
may contact the National Maritime Center at 4200 Wilson Boulevard, 
Suite 630, Arlington, Virginia 22203-1804, or by telephone at 202-493-
1002. A list of Regional Examination Locations is available through the 
Coast Guard Web site at http://www.uscg.mil.
* * * * *

PART 12--CERTIFICATION OF SEAMEN

0
12. 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; Department of Homeland Security Delegation 
No. 0170.1.

0
13. Amend 46 CFR 12.01-6 to add, in alphabetical order, the following 
definition:


Sec.  12.01-6  Definitions of terms used in this part.

* * * * *
    Officer in Charge, Marine Inspection (OCMI) for the purposes of 
part 12 means the officer or individual so designated at one of the 
Regional Examination Centers, or any person so designated by the 
Commandant.
* * * * *
0
14. Revise 46 CFR 12.01-7 to read as follows:


Sec.  12.01-7  Where to apply.

    Applicants for licenses or certification may apply to the Coast 
Guard National

[[Page 48483]]

Maritime Center or any of the Regional Examination Centers. Applicants 
may contact the National Maritime Center at 4200 Wilson Boulevard, 
Suite 630, Arlington, Virginia 22203-1804, or by telephone at 202-493-
1002. A list of Regional Examination Locations is available through the 
Coast Guard Web site at http://www.uscg.mil.
0
15. Revise Sec.  12.02-3(a) to read as follows:


Sec.  12.02-3  Where documents are issued.

    (a) Merchant mariner's documents may be issued to qualified 
applicants at the National Maritime Center or at any Regional 
Examination Center during usual business hours.
* * * * *

PART 13--CERTIFICATION OF TANKERMEN

0
16. The authority citation for part 13 continues to read as follows:

    Authority: 46 U.S.C. 3703, 7317, 8105, 8703, 9102; Department of 
Homeland Security Delegation No. 0170.1.

0
17. In 46 CFR 13.103, revise the definition of Officer in Charge, 
Marine Inspection (OCMI) to read as follows:


Sec.  13.103  Definitions.

* * * * *
    Officer in Charge, Marine Inspection (OCMI) for the purposes of 
part 13 means the officer or individual so designated at one of the 
Regional Examination Centers, or any person so designated by the 
Commandant.
* * * * *

    Dated: August 11, 2006.
Steve Venckus,
Chief, Office of Regulations and Administrative Law, Office of the 
Judge Advocate General, U.S. Coast Guard.
[FR Doc. E6-13532 Filed 8-18-06; 8:45 am]
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