[Federal Register Volume 72, Number 35 (Thursday, February 22, 2007)]
[Rules and Regulations]
[Pages 7929-7931]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2899]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 1; 46 CFR Parts 1 and 10

[USCG-2006-25535]
RIN 1625-ZA09


Mariner Licensing and Documentation Program Restructuring and 
Centralization; Correction

AGENCY: Coast Guard, DHS.

ACTION: Correcting Amendment.

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SUMMARY: The Coast Guard is correcting a technical amendment that 
appeared in the Federal Register on August 21, 2006. That technical 
amendment authorized the Commanding Officer of the National Maritime 
Center (NMC) 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 technical amendment also made technical changes to the mariner 
credentialing appellate process.

DATES: These changes are effective March 26, 2007.

FOR FURTHER INFORMATION CONTACT: If you have questions on this 
amendment, call Mr. Gerald Miante, Project Manager, Maritime Personnel 
Qualifications Division (CG-3PSO-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:

Background and Purpose

    The Coast Guard is correcting a technical amendment that appeared 
in the Federal Register on August 21, 2006 (71 FR 48480). That 
technical amendment authorized the Commanding Officer of the NMC to

[[Page 7930]]

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 technical amendment also 
made technical changes to the mariner credentialing appellate process. 
The technical amendment, and this correcting amendment, are 
organizational in nature and will have no substantive effect on the 
regulated public.
    This correction clarifies the authority of the Commanding Officer 
of the NMC to carry out certain maritime safety functions; and 
reestablishes procedures for appeal of decisions of the National Vessel 
Documentation Center with a revised appellate authority.

List of Subjects

33 CFR Part 1

    Administrative practice and procedure, Authority delegations 
(Government agencies), Freedom of information, Penalties.

46 CFR Part 1

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

46 CFR Part 10

    Penalties, Reporting and recordkeeping requirements, Schools, 
Seamen.

0
Accordingly, 33 CFR part 1, and 46 CFR parts 1 and 10 are corrected by 
making the following correcting amendments:

33 CFR PART 1--GENERAL PROVISIONS

0
1. Revise the authority citation for subpart 1.01 to read as follows:

    Authority: 14 U.S.C. 633; 33 U.S.C. 401, 491, 525, 1321, 2716, 
and 2716a; 42 U.S.C. 9615; 49 U.S.C. 322; Department of Homeland 
Security Delegation No. 0170.1; section 1.01-70 also issued under 
the authority of E.O. 12580, 3 CFR, 1987 Comp., p. 193; and sections 
1.01-80 and 1.01-85 also issued under the authority of E.O. 12777, 3 
CFR, 1991 Comp., p. 351.


0
2. In Sec.  1.01-20, designate the existing paragraph as paragraph (a); 
revise the first sentence of newly designated paragraph (a); and add 
paragraph (b) to read as follows:


Sec.  1.01-20  Officer in Charge, Marine Inspection.

    (a) Officers in Charge, Marine Inspection (OCMI), have been 
designated and delegated to perform, within each OCMI's jurisdiction, 
the following functions: * * *
    (b) The Commanding Officer of the National Maritime Center has been 
designated and delegated the same authority as an OCMI for the purpose 
of carrying out the following marine safety functions pursuant to the 
provisions of 46 CFR Subchapter B:
    (1) Licensing, credentialing, certificating, shipment and discharge 
of seamen;
    (2) Referring to the processing Regional Examination Center (REC) 
or cognizant OCMI potential violations of law, negligence, misconduct, 
unskillfulness, incompetence or misbehavior of persons holding merchant 
mariner's documents, licenses, certificates or credentials issued by 
the Coast Guard, and recommending suspension or revocation under 46 
U.S.C. Chapter 77 when deemed appropriate; and
    (3) Granting, withholding, suspending, or withdrawing course 
approvals.

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

0
3. The authority citation for 46 CFR 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; 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
4. In Sec.  1.01-15, revise paragraphs (c) and (d) and add paragraphs 
(e) and (f) 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:
    (1) Give direction to Coast Guard activities relating to marine 
safety functions consisting of the licensing, credentialing, 
certificating, shipment and discharge of seamen;
    (2) Refer to the processing Regional Examination Center (REC) or 
cognizant OCMI potential violations of law, negligence, misconduct, 
unskillfulness, incompetence or misbehavior of persons holding merchant 
mariner's documents, licenses, certificates or credentials issued by 
the Coast Guard, and recommend suspension or revocation under 46 U.S.C. 
Chapter 77 when deemed appropriate; and
    (3) Grant, withhold, suspend, or withdraw course approvals.
    (d) The Commanding Officer of the National Maritime Center has the 
same authority as an OCMI for the purpose of carrying out the marine 
safety functions listed in paragraph (c) of this section pursuant to 
the provisions of Subchapter B of this chapter.
    (e) 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.
    (f) For descriptions of Coast Guard districts and marine inspection 
zones, see 33 CFR part 3.


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5. In Sec.  1.03-15, revise paragraph (h)(3) to read as follows:


Sec.  1.03-15  General.

* * * * *
    (h) * * *
    (3) Commandant (CG-3PC) for all appeals involving suspension or 
withdrawal of course approvals, all marine personnel issues appealed 
from the National Maritime Center or from an OCMI through a District 
Commander, and all appeals regarding the documentation of a vessel 
under part 67 or part 68 of this title. All appeals regarding the 
documentation of a vessel under part 67 or part 68 of this title must 
be addressed to Commandant CG-3PC(d), Coast Guard Headquarters, 2100 
Second St., SW, Washington, DC 20593, and a copy of each such appeal 
must be sent to the National Vessel Documentation Center, 792 T J 
Jackson Drive; Falling Waters, WV 25419;
* * * * *

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6. Redesignate Sec.  1.03-45 as Sec.  1.03-40, and add new Sec.  1.03-
45 to read as follows:


Sec.  1.03-45  Appeals from decisions or actions involving 
documentation of vessels.

    Any person directly affected by a decision or action of an officer 
or employee of the Coast Guard acting on or in regard to the 
documentation of a vessel under part 67 or part 68 of this title, may 
make a formal appeal of that decision or action to the Director of 
Inspection and Compliance, Commandant (CG-3PC), in accordance with the 
procedures contained in Sec.  1.03-15 of this subpart. The decision of 
the Director of Inspection and

[[Page 7931]]

Compliance, Commandant (CG-3PC), on such an appeal will constitute 
final agency action.

46 CFR PART 10--LICENSING OF MARITIME PERSONNEL

0
7. 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
8. In Part 10, redesignate Sec. Sec.  10.102 and 10.103 as Sec. Sec.  
10.103 and 10.104, respectively, and add new Sec.  10.102 to read as 
follows:


Sec.  10.102  National Maritime Center

    The Commanding Officer of the National Maritime Center has the same 
authority as an OCMI for the purpose of carrying out the marine safety 
functions listed in Sec.  1.01-15(c) of this title pursuant to the 
provisions of this subchapter.

    Dated: February 14, 2007.
Stefan G. Venckus,
Chief, Office of Regulations, and Administrative Law, United States 
Coast Guard.
 [FR Doc. E7-2899 Filed 2-21-07; 8:45 am]
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