[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Rules and Regulations]
[Pages 31515-31517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12870]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 10

[Docket No. USCG-2004-17455]
RIN 1625-AA85


Validation of Merchant Mariners' Vital Information and Issuance 
of Coast Guard Merchant Mariner's Licenses and Certificates of Registry 
(MMLs)

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is finalizing regulations previously published 
as an interim rule on January 13, 2006. The interim rule was published 
to amend the maritime personnel licensing rules to include new security 
requirements when mariners apply for original, renewal, and raise-of-
grade licenses and certificates of registry, but was never published as 
a final rule. The Coast Guard is finalizing the one remaining section 
of the interim rule that has remained unfinalized, which is the 
definition of a dangerous drug.

DATES: This final rule is effective June 28, 2012.

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-2004-17455, and are available for inspection or 
copying at the Docket Management Facility (M-30), U.S. Department of 
Transportation, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., 
Monday through Friday, except Federal holidays. You may also find this 
docket on the Internet by going to http://www.regulations.gov, 
inserting USCG-2004-17455 in the ``Enter Keyword or ID'' box, and then 
clicking ``Search.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Mr. Gerald Miante, Maritime Personnel Qualifications 
Division, Coast Guard; telephone 202-372-1407, email 
[email protected]. If you have questions on viewing the docket, 
call Renee V. Wright, Program Manager, Docket Operations, telephone 
202-366-9826.

SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Abbreviations
II. Regulatory History
III. Basis and Purpose
IV. Background
V. Discussion of Comments and Changes
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Small Entities
    C. Assistance for Small Entities
    D. Collection of Information
    E. Federalism
    F. Unfunded Mandates Reform Act
    G. Taking of Private Property
    H. Civil Justice Reform
    I. Protection of Children
    J. Indian Tribal Governments
    K. Energy Effects
    L. Technical Standards
    M. Environment

I. Abbreviations

Sec.  Section symbol
CFR Code of Federal Regulations
FBI Federal Bureau of Investigation
FR Federal Register
MMC Merchant Mariner Credential
MMD Merchant Mariner's Document
NMC National Maritime Center
REC Regional Examination Center

[[Page 31516]]

TSA Transportation Security Administration
TWIC Transportation Worker Identification Credential
U.S.C. U.S. Code

II. Regulatory History

    On June 16, 2011, we published a notice of intent with request for 
comments titled ``Validation of Merchant Mariners' Vital Information 
and Issuance of Coast Guard Merchant Mariner's Licenses and 
Certificates of Registry (MMLs)'' in the Federal Register (76 FR 
35169). We received no comments on the notice. No public meeting was 
requested and none was held.

III. Basis and Purpose

    On January 13, 2006, the Coast Guard published in the Federal 
Register (71 FR 2154) an interim rule with request for comments. The 
interim rule amended maritime personnel licensing rules to include new 
security requirements when mariners apply for original, renewal, and 
raise-of-grade licenses and certificates of registry. However, 
subsequent rulemakings have revised or revoked the majority of the 
interim rule provisions. The Coast Guard is now finalizing the single 
remaining section that has not been addressed in subsequent 
rulemakings.
    The most recent significant rulemaking documents addressing the 
interim rule provisions are as follows \1\: (1) Implementation of the 
1995 Amendments to the International Convention on Standards of 
Training, Certification and Watchkeeping for Seafarers, 1978, 
Supplemental Notice of Proposed Rulemaking [Docket No. USCG-2004-17914] 
(75 FR 13715); (2) Large Passenger Vessel Crew Requirements, Final Rule 
[USCG-2007-27761] (74 FR 47729); (3) Crewmember Identification 
Documents, Final Rule [Docket No. USCG-2007-28648] (74 FR 19135); (4) 
Transportation Worker Identification Credential (TWIC) Implementation 
in the Maritime Sector; Hazardous Materials Endorsement for a 
Commercial Driver's License, Final Rule, [Docket Nos. TSA-2006-24191; 
USCG-2006-24196] (74 FR 13114); (5) Consolidation of Merchant Mariner 
Qualification Credentials, Final Rule [Docket No. USCG-2006-24371] (74 
FR 11196); (6) Maritime Identification Credentials, Notice of 
acceptable identification credentials; phased cancellation [Docket No. 
USCG-2006-24189] (74 FR 2865); and (7) Training and Service 
Requirements for Merchant Marine Officers, Final Rule [Docket No. USCG-
2006-26202] (73 FR 52789).
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    \1\ To find all the rulemaking documents associated with the 
rulemakings listed here, you can view each rulemaking's docket on 
www.regulations.gov.
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IV. Background

    The one section of the January 13, 2006, interim rule that has 
remained unfinalized is the definition of ``dangerous drug'' for 
subchapter B at 46 CFR 10.107(b). That provision defines ``Dangerous 
drug'' to mean a narcotic drug, a controlled substance, or a 
controlled-substance analogue (as defined in section 102 of the 
Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)). This 
definition was originally published in the January 13, 2006, interim 
rule as part of 46 CFR 10.103. A subsequent rulemaking, Consolidation 
of Merchant Mariner Qualification Credentials, redesignated definitions 
in subchapter B to 46 CFR 10.107(b) (74 FR 11216) and implemented 
changes to the other definitions listed within the section. The Coast 
Guard is finalizing this one remaining definition from the interim rule 
in its current designation, 46 CFR 10.107(b).

V. Discussion of Comments and Changes

    No comments were received. As a result, no changes are being made.

VI. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
executive orders related to rulemaking. Below we summarize our analyses 
based on 14 of these statutes or executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and 
13563 (``Improving Regulation and Regulatory Review'') direct agencies 
to assess the costs and benefits of available regulatory alternatives 
and, if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits, of reducing costs, of harmonizing rules, and of 
promoting flexibility.
    This final 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.
    This final rule is intended to finalize the definition of a 
dangerous drug in Sec.  10.107(b). It does not impose any additional 
impacts or costs on the marine industry or the public.

B. 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 rulemaking, which finalizes a lawfully promulgated interim rule, 
does not require a general notice of proposed rulemaking and, 
therefore, is exempt from the analysis requirements of the Regulatory 
Flexibility Act. 5 U.S.C. 604.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small 
entities in understanding the rule so that they could better evaluate 
its effects on them and participate in the rulemaking. If the rule 
would affect your small business, organization, or governmental 
jurisdiction and you have questions concerning its provisions or 
options for compliance, please consult Gerald P. Miante, Personnel 
Qualifications Division, Coast Guard, telephone 202-372-1407, email 
[email protected]. The Coast Guard will not retaliate against 
small entities that question or complain about this rule or any policy 
or action of the Coast Guard.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247).

D. 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).

[[Page 31517]]

E. Federalism

    A rule has federalism implications under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.
    We have evaluated this rule under Executive Order 13132 and have 
determined that although the rule is preemptive of state law or 
regulation, it does not have a substantial direct effect on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. It is well settled that States may not regulate 
in categories reserved for regulation by the Coast Guard. It is also 
well settled that all of the categories covered in 46 U.S.C. 3306, 
3703, 7101, and 8101 (design, construction, alteration, repair, 
maintenance, operation, equipping, personnel qualification, and manning 
of vessels) are within fields foreclosed from regulation by the States. 
See United States v. Locke, 529 U.S. 89, 120 S.Ct. 1135 (2000). 
Congress granted to the Coast Guard the authority to regulate the 
issuance of merchant mariners' documents, including the process by 
which a mariner's qualifications are determined and verified for 
specific ratings. Because States may not promulgate rules within this 
category, this rule does not have federalism implications under 
Executive Order 13132.

F. 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 (adjusted for 
inflation) or more in any one year. This rule will not result in such 
an expenditure.

G. Taking of Private Property

    This rule will not cause a taking of private property or otherwise 
have taking implications under Executive Order 12630, Governmental 
Actions and Interference with Constitutionally Protected Property 
Rights.

H. 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.

I. 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.

J. 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.

K. 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.

L. 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 rule does not use technical standards. Therefore, we did not 
consider the use of voluntary consensus standards.

M. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, 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 this action is one of a category of actions that do not 
individually or cumulatively have a significant effect on the human 
environment. This rule is categorically excluded under section 2.B.2, 
figure 2-1, paragraphs (34)(a) and (c) of the Instruction. This rule 
involves regulations that are editorial and concern qualification and 
certification of maritime personnel. An environmental analysis 
checklist and a categorical exclusion determination are 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--MERCHANT MARINER CREDENTIAL

0
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, 
2110; 46 U.S.C. chapter 71; 46 U.S.C. chapter 72; 46 U.S.C. chapter 
75; 46 U.S.C. 7701, 8906 and 70105; Executive Order 10173; 
Department of Homeland Security Delegation No. 0170.1.


0
2. Amend Sec.  10.107 by revising the definition of ``Dangerous drug'' 
in paragraph (b) to read as follows:


Sec.  10.107  Definitions in subchapter B.

* * * * *
    (b) * * *
    Dangerous drug means a narcotic drug, a controlled substance, or a 
controlled-substance analogue (as defined in section 102 of the 
Comprehensive Drug Abuse and Control Act of 1970 (21 U.S.C. 802)).
* * * * *

    Dated: May 11, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-12870 Filed 5-25-12; 8:45 am]
BILLING CODE 9110-04-P