[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)]
[Rules and Regulations]
[Pages 65165-65168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27062]



[[Page 65165]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

46 CFR Part 15

[Docket No. USCG-2015-0758]
RIN 1625-AC25


Offshore Supply Vessels, Towing Vessel, and Barge Engine Rating 
Watches

AGENCY: Coast Guard, DHS.

ACTION: Direct final rule.

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SUMMARY: This direct final rule amends the Coast Guard's merchant 
mariner manning regulations to align them with statutory changes made 
by the Howard Coble Coast Guard and Maritime Transportation Act of 
2014. The Act allows oilers serving on certain offshore support 
vessels, towing vessels, and barges to be divided into at least two 
watches. This change increases the sea service credit affected mariners 
are permitted to earn for each 12-hour period of work from one day to 
one and a half days.

DATES: This direct final rule will be effective January 25, 2016 unless 
the Coast Guard receives adverse comment by December 28, 2015. If an 
adverse comment is received, the Coast Guard will publish a timely 
withdrawal of the direct final rule in the Federal Register informing 
the public the rule will not take effect.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0758 using the Federal eRulemaking Portal at http://www.regulations.gov. See the ``Comments'' portion of the SUPPLEMENTARY 
INFORMATION section for further instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
email or call Mr. Davis Breyer, Marine Personnel Qualifications 
Division (CG-OES-1), Coast Guard; email [email protected], 
telephone (202) 372-1445.

SUPPLEMENTARY INFORMATION: 

I. Comments

    If you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation. If your material cannot be submitted using http://www.regulations.gov, contact the person in the FOR FURTHER INFORMATION 
CONTACT section of this document for alternate instructions. Documents 
mentioned in this notice, and all public comments, are in our online 
docket at http://www.regulations.gov and can be viewed by following 
that Web site's instructions. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).

II. Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
OMB Office of Management and Budget
QMED Qualified Member of the Engine Department
RFA Regulatory Flexibility Act
The Secretary The Secretary of Homeland Security
Sec. 316 Section 316 of the Howard Coble Coast Guard and Maritime 
Transportation Act of 2014
U.S.C. United States Code

III. Basis and Purpose

A. Basis

    The changes to 46 CFR 15.705 made by this rule are required by 46 
U.S.C. 8104 as amended by Sec. 316 of the Howard Coble Coast Guard and 
Maritime Transportation Act of 2014 (Pub. L. 113-281, December 18, 
2014). Under Title 46 of the United States Code, Sec. 2103, the 
Secretary of Homeland Security (the Secretary) has general authority 
over the merchant marine of the United States and merchant marine 
personnel. The Secretary delegated the authority for determining 
minimum manning standards to the Commandant of the Coast Guard in 
Department of Homeland Security Delegation No. 0170.1, paragraph 92.

B. Purpose

    The purpose of this rule is to conform regulations to the amended 
statute and clarify that oilers on covered vessels are entitled to 
receive an equitable amount of sea service credit.

IV. Discussion of the Rule

    The Howard Coble Coast Guard and Maritime Transportation Act of 
2014, sec. 316, amended 46 U.S.C. 8104(g)(1) by allowing coal passers, 
firemen, oilers, and water tenders serving on offshore supply vessels, 
towing vessels, and barges engaged in seagoing voyages of less than 600 
miles to be divided into at least two watches. Previously, only 
officers and other deck crew members on those vessels were divided into 
two watches.
    46 CFR 10.107 and 10.232(h)(2) provide in the definition of ``Day'' 
that ``[o]n vessels authorized by 46 U.S.C. 8104 and 46 CFR 15.705 to 
operate a two-watch system, a 12-hour working day may be creditable as 
1\1/2\ days of service.'' Regulations at 46 CFR 15.705(c)(1), however, 
still do not authorize mariners affected by sec. 316 to be divided into 
two watches. In order to align the regulations with the amended 
statute, this direct final rule revises 46 CFR 15.705(c)(1) by deleting 
the clause ``(except the coal passers, firemen, oilers, and water 
tenders)''.
    Similarly, sec. 316 also updated 46 U.S.C. 8104(d) by deleting the 
words ``coal passers, firemen, . . . and watertenders.'' The changes 
related to those terms simplify the statute. To update the 
corresponding regulations and align them with the revised statute, this 
rule also makes similar changes to 46 CFR 15.705(b).
    This rule makes existing regulations consistent with the statute 
and clarifies the sea service credit of maritime personnel on affected 
vessels, which have for many years operated on a two-watch system, both 
on deck and in the engine room. Specifically, the revised regulations 
make clear that typical sea service credit for upgrades toward 
engineering licenses for oilers is 1\1/2\ days for each 12-hour period 
worked, as it is for personnel aboard the same vessels working toward 
deck licenses and upgrades. The effect of these changes is that all 
qualified members of the engine department on covered vessels are 
permitted to divide into two watches, and will be given proper credit 
for 12 hours of work in accordance with the amended statute.
    Revision of our regulations without delay is necessary because 
misalignment between the amended statute and the corresponding 
regulations causes confusion, and delay could have a negative impact on 
the sea service credit and career advancement of oilers on affected 
vessels. Additionally, the Coast Guard must conform its regulations to 
the revised statute, and is exercising no discretion in doing so 
because this rule will only mirror amended statutory language. For 
these reasons, the rule is expected to be uncontroversial, and adverse 
comment is unlikely.

V. Direct Final Rule

    A direct final rule is appropriate when a rule is noncontroversial 
and

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unlikely to result in adverse public comment. The Coast Guard 
considered publishing a notice of proposed rulemaking, but is pursuing 
a direct final rule because it will better serve the regulated mariners 
and industry by correcting the misalignment between the regulations and 
statue more quickly. If no adverse comment is received by December 28, 
2015, this rule will become effective as stated in the DATES 
section.\1\ In that case, we will publish a document in the Federal 
Register stating that no adverse comment was received and confirming 
that this rule will become effective as scheduled. However, if we 
receive an adverse comment, we will publish a document in the Federal 
Register announcing the withdrawal of all or part of this direct final 
rule. If an adverse comment applies only to part of this rule (e.g., to 
an amendment, a paragraph, or a section) and it is possible to remove 
that part without defeating the purpose of this rule, we may adopt, as 
final, those parts of this rule on which no adverse comment was 
received. We will withdraw the part of this rule that was the subject 
of an adverse comment. If we decide to proceed with a rulemaking 
following receipt of an adverse comment, we will publish a separate 
notice of proposed rulemaking (NPRM) and provide a new opportunity for 
comment. A comment is considered ``adverse'' if the comment explains 
why this rule or a part of this rule would be inappropriate, including 
a challenge to its underlying premise or approach, or would be 
ineffective or unacceptable without a change.
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    \1\ 33 CFR 1.05-55 provides that a direct final rule effective 
date is ``generally at least 90 days after the date of publication'' 
and ``[t]he public will usually be given at least 60 days'' to 
submit comments.
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VI. Regulatory Analyses

    The Coast Guard developed this direct final rule after considering 
numerous statutes and executive orders related to this rulemaking. 
Below, the Coast Guard summarizes its analyses based on 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 direct final rule has not been designated a 
``significant regulatory action'', under section 3(f) of Executive 
Order 12866. Accordingly, the direct final rule has not been reviewed 
by the Office of Management and Budget (OMB). A regulatory assessment 
of the direct final rule follows.
    This direct final rule conforms Coast Guard regulations to sec. 
316, which eliminated the exception of engine ratings originally found 
within 46 U.S.C. 8104(g)(1). Sec. 316 amended 46 U.S.C. 8104(g)(1) to 
allow coal passers, firemen, oilers, and water tenders serving on 
certain offshore support vessels, towing vessels, and barges to be 
divided into at least two watches. In order to align the regulations 
with the amended statute, this rule will revise 46 CFR 15.705(b) by 
deleting the words ``coal passers, firemen, . . . and water tenders,'' 
and 46 CFR 15.705(c)(1) by deleting the words ``except the coal 
passers, firemen, oilers, and water tenders.''
Affected Population
    The changes in 46 CFR 15.705(c)(1) clarify that the sea service 
credit afforded to all qualified members of the engine department, on 
certain offshore support vessels, towing vessels and barges is 
consistent with revised 46 U.S.C. 8104(g)(1). The National Maritime 
Center of the Coast Guard identified approximately 18,721 such mariners 
holding valid licenses as of the end of 2014. This figure constitutes 
the total number of mariners that this rule could affect and includes 
valid licenses for Unlicensed Engine Ratings and QMED with a variety of 
job descriptions. Before the statute was amended, these unlicensed 
mariners could not be divided into two watches to work 12-hour shifts 
and, therefore, could not receive 1\1/2\-day sea service credit for 12 
hours of work that licensed mariners both on deck and in the engine 
room are allowed. The changes in 46 CFR 15.705(b) align with revised 46 
U.S.C. 8104(d) by removing the coal passer, fireman, and watertender 
exceptions to simplify the statute and regulations.
Costs
    This direct final rule will result in no adverse impacts or costs 
to the industry and affected mariners. On the contrary, the industry is 
urging speedy revision of our regulations because delaying this rule 
would have a negative impact on the sea service credit and career 
advancement of affected mariners due to confusion caused by conflicting 
statutory and regulatory provisions. This rule will not result in a 
change to the Coast Guard's budget and it will not increase federal 
spending.
Benefits
    The direct final rule aligns Coast Guard regulations with the 
amended statute and clarifies that affected mariners are entitled to 
benefits allowed by 46 CFR 10.107 and 10.232(h)(2). The primary benefit 
of this rule is to reduce confusion and clarify that affected mariners 
are allowed to receive 1\1/2\ days sea service credit for working 12-
hour shifts on a two watch schedule that can be utilized for career 
advancement and renewal. Additionally, by making the accrual of sea 
service credit comparable to other mariners serving on the same 
vessels, vessel owners will have greater assurance of having a steady 
supply of mariners with higher ratings that are required to operate 
offshore supply vessels.
Alternatives
    The Coast Guard considered four alternatives for this direct final 
rule:

 Alternative 1: No action
 Alternative 2: Delayed Action
 Alternative 3: Develop Policy

    The no-action alternative (Alternative 1) would cause confusion 
because it would leave regulations in place that contradict the new 
statute. Therefore, the Coast Guard rejected this alternative.
    The Coast Guard rejected the delayed-action alternative 
(Alternative 2) for the same reason. The misalignment between 46 U.S.C. 
8104 and the corresponding regulations is causing confusion among 
mariners, and there is no discernible advantage in delay.
    The develop policy alternative (Alternative 3) could grant the 
affected engine ratings the same sea service credit as the officers and 
deck ratings aboard the affected vessels. The Coast Guard rejected this 
alternative, however, because policy properly provides either: guidance 
about accepted methods for meeting regulations; or short term 
solutions, within the limits of existing regulations, to provide relief 
until amended regulations can be promulgated.
    In this case, the time and effort required by the Coast Guard to 
develop and publish relevant policy would equal or exceed that expected 
to amend the regulation with a direct final rule. In addition, after 
publishing the policy, the regulation would still require amendment to 
be consistent with the statute. Therefore, the Coast Guard rejected 
this alternative.

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B. Small Entities

    In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C. 
601-612), the Coast Guard prepared this Regulatory Flexibility Analysis 
(RFA) that examines the impacts of this direct final rule on small 
entities (5 U.S.C. 601 et seq.). Under the RFA, we have considered 
whether this rule will have a significant economic impact on a 
substantial number of small entities. The term of ``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 fewer than 50,000.
    The direct final rule will regulate mariners who are individually 
responsible for obtaining their appropriate sea service credit for 
career advancement. In addition, current and future mariners will not 
incur any costs to comply with this rule. Finally, individuals, such as 
the mariners regulated by this rule, are not small entities under the 
definition of a small entity in the RFA. Therefore, we certify that 
this direct final rule will not have a significant economic impact on a 
substantial number of small entities under section 605(b) of the 
Regulatory Flexibility Act.
    The Coast Guard is interested in the potential impacts from this 
direct final rule on small businesses and we request public comment on 
these potential impacts. If you think that your business, organization, 
or governmental jurisdiction qualifies as a small entity and that this 
rulemaking would have a significant economic impact on it, please 
submit a comment to the address under ADDRESSES. In your comment, 
explain why you think it qualifies and how, and to what degree this 
rule would economically affect it.

C. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), the Coast Guard wants to assist 
small entities in understanding this rule so that they can 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 Mr. Davis Breyer, Maritime 
Personnel Qualifications Division (CG-OES-1), Coast Guard; email 
[email protected], telephone (202) 372-1445. 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 implications for federalism 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. The Coast Guard has analyzed this rule under that Order and 
has determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132. 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 covered vessels), as 
well as the reporting of casualties and any other category in which 
Congress intended the Coast Guard to be the sole source of a vessel's 
obligations, are within the field foreclosed from regulation by the 
States. (See the decision of the Supreme Court in the consolidated 
cases of United States v. Locke and Intertanko v. Locke, 529 U.S. 89, 
120 S.Ct. 1135 (2000)). Since this rule involves the documentation of 
merchant mariners manning covered U.S. vessels, it is a matter of 
personnel qualifications, which is a field reserved for regulation by 
the Coast Guard. Because States may not promulgate rules within this 
category, the rule is consistent with the principles of federalism and 
preemption requirements in 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. Though this rule will not result in 
such an expenditure, the Coast Guard does discuss the effects of this 
rule elsewhere in this preamble.

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

    The Coast Guard has 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

    The Coast Guard has analyzed this rule under Executive Order 13211, 
Actions Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use. The Coast Guard has determined that it is not a 
``significant energy action'' under that order because it is not a 
``significant regulatory action'' under E.O. 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

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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 OMB, 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, the Coast 
Guard did not consider the use of voluntary consensus standards.

M. Environment

    The Coast Guard has analyzed this rule under DHS 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 has 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, 
paragraph (34) (a) and (c) of the Instruction. This rule involves 
procedural changes and the licensing of mariners under sec. 316. 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 15

    Reporting and recordkeeping requirements, Seamen, Vessels.

    For the reasons discussed in the preamble, the Coast Guard amends 
46 CFR part 15 as follows:

PART 15--MANNING REQUIREMENTS

0
1. The authority citation for part 15 continues to read as follows:

    Authority: 46 U.S.C. 2101, 2103, 3306, 3703, 8101, 8102, 8104, 
8105, 8301, 8304, 8502, 8503, 8701, 8702, 8901, 8902, 8903, 8904, 
8905(b), 8906, 9102, and 8103; sec. 617, Pub. L. 111-281, 124 Stat. 
2905; and Department of Homeland Security Delegation No. 0170.1.


Sec.  15.705  Watches.

0
2. Amend Sec.  15.705 as follows:
0
a. In paragraph (b), remove the words ``, coal passers, firemen, 
oilers, and watertenders'' and add in their place the words ``, and 
oilers''; and
0
b. In paragraph (c)(1) introductory text, remove the words ``(except 
the coal passers, firemen, oilers, and watertenders)''.

J.G. Lantz,
Director, Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2015-27062 Filed 10-23-15; 8:45 am]
 BILLING CODE 9110-04-P