[Federal Register Volume 77, Number 103 (Tuesday, May 29, 2012)]
[Rules and Regulations]
[Pages 31518-31520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12871]



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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 12

[Docket No. USCG-2003-14500]
RIN 1625-AA81


Validation of Merchant Mariners' Vital Information and Issuance 
of Coast Guard Merchant Mariner's Documents (MMDs)

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is finalizing one section of regulations 
previously published as an interim rule on January 6, 2004. The interim 
rule was published to enhance the application procedures for the 
Merchant Mariner Licensing and Documentation program, which were 
necessary to improve maritime safety and promote the national security 
interest of the United States, 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 a statement of the purpose 
of the rules in this part.

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-2003-14500, 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-2003-14500 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
FR Federal Register
MMD Merchant Mariner's Document
NMC National Maritime Center
REC Regional Examination Center
RFA Regulatory Flexibility Act
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 Documents (MMDs)'' in 
the Federal Register (76 FR 35173). We received no comments on the 
notice. No public meeting was requested and none was held.

III. Basis and Purpose

    On January 6, 2004, the Coast Guard published in the Federal 
Register (69 FR 526) an interim rule with request for comments. The 
interim rule described enhancements to the application procedures for 
the Merchant Mariner Licensing and Documentation program, which were 
necessary to improve maritime safety and promote the national security 
interests of the United States. However, subsequent rulemakings have 
consolidated the majority of the application procedures within Coast 
Guard regulations and therefore have either revoked or revised the 
majority of the 2004 interim rule's provisions. As a result, the Coast 
Guard is 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 6, 2004, interim rule that has 
remained unfinalized is 46 CFR 12.01-1(a)(1): Purpose of rules in this 
part. This paragraph sets forth the purpose of the rules in Part 12 as 
a means for determining and verifying the identity, citizenship, 
nationality, and professional qualifications an applicant must possess 
to be eligible for certification to serve on merchant vessels of the 
United States. The Coast Guard is finalizing this one remaining section 
of the interim rule.

V. Discussion of Comments and Changes

    No comments were received. As a result, no changes were 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

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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 46 CFR 12.01-1(a)(1), which 
is the one remaining section of regulations previously published as an 
interim rule on January 6, 2004, that has not already been finalized. 
That section is a statement of the purpose of the rules in part 12. 
Since this final rule does not actually modify the statement of the 
purpose in the referenced part, there are no costs to the merchant 
marine industry and in particular the mariners.

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 
and changes prefatory text only, 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).

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.

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L. Technical Standards

    The National Technology Transfer and Advancement Act (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 (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 final rule involves 
regulations that are editorial and concern qualification 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 12

    Penalties, Reporting and recordkeeping requirements, Seamen.

    For the reasons discussed in the preamble, the Coast Guard amends 
46 CFR part 12 as follows:

PART 12--REQUIREMENTS FOR RATING ENDORSEMENTS

0
1. 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, and 70105; Department of Homeland Security 
Delegation No. 0170.1.


0
2. Amend Sec.  12.01-1 by revising paragraph (a)(1) to read as follows:


Sec.  12.01-1  Purpose of rules in this part.

    (a) * * *
    (1) A comprehensive and adequate means of determining and verifying 
the identity, citizenship, nationality, and professional qualifications 
an applicant must possess to be eligible for certification to serve on 
merchant vessels of the United States;
* * * * *

    Dated: May 11, 2012.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2012-12871 Filed 5-25-12; 8:45 am]
BILLING CODE 9110-04-P