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48480 Federal Register / Vol. 71, No.

161 / Monday, August 21, 2006 / Rules and Regulations

unlikely event that conditions at the site period, most credentialing functions assist mariners to complete
warrant such action. Section will be consolidated at a centralized applications, take fingerprints, verify
300.425(e)(3) of the NCP states that location. The amendment also makes mariners’ citizenship and identities,
Fund-financed actions may be taken at technical changes to the mariner administer examinations, administer
sites deleted from the NPL. Deletion of credentialing appellate process. This oaths, and conduct oversight for
a site from the NPL does not affect rule is organizational in nature and will approved courses.
responsible party liability or impede have no substantive effect on the These future changes are designed to
agency efforts to recover costs regulated public. The amendment also improve service to mariners and address
associated with response efforts. will have no effect on any other Coast national security concerns. The
Guard regulatory projects or policy restructuring and centralization will: (1)
List of Subjects in 40 CFR Part 300 Enhance security by implementing
initiatives.
Environmental protection, Air consolidated system controls for the
DATES: These changes are effective
pollution control, Chemicals, Hazardous credentialing process; (2) improve the
September 20, 2006.
substances, Hazardous waste, consistency of information, procedures,
FOR FURTHER INFORMATION CONTACT: If and mariner evaluations; and (3)
Intergovernmental relations, Penalties,
Reporting and recordkeeping you have questions on this rule, call improve program efficiencies and
requirements, Superfund, Water Gerald Miante, Project Manager, customer service through economies of
pollution control, Water supply. Maritime Personnel Qualifications scale and increased use of technology.
Division (G–PSO–1), U.S. Coast Guard,
Dated: August 11, 2006. telephone 202–372–1407. If you have Discussion of the Amendment
Keith Takata, questions on viewing the docket, call Title 46 of the Code of Federal
Acting Regional Administrator, Region 9. Ms. Renee V. Wright, Program Manager, Regulations (46 CFR) is being amended
■ For the reasons set out in the Docket Operations, telephone 202–493– to authorize the Commanding Officer of
preamble, 40 CFR part 300 is amended 0402. the NMC, in addition to the OCMIs, to
as follows: SUPPLEMENTARY INFORMATION: perform mariner credentialing
functions. The NMC will begin phasing
PART 300—[AMENDED] Regulatory History in the transfer of these functions from
We did not publish a notice of the OCMIs when facilities for the new
■ 1. The authority citation for part 300 proposed rulemaking (NPRM) for this centralized NMC become operational.
continues to read as follows: amendment. Under 5 U.S.C. 553(b)(A), Additionally, this amendment
Authority: 42 U.S.C. 9601–9657; 33 U.S.C. the Coast Guard finds that this technical establishes a single final administrative
1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR, amendment is exempt from notice and appellate authority for all appeals
1991 Comp., p. 351; E.O. 12580, 52 FR 2923, comment rulemaking requirements concerning mariner credentialing. In
3 CFR, 1987 Comp., p.193. because the amendment only makes § 12.02–3, the term ‘‘merchant mariner’s
Appendix B—[Amended] non-substantive changes involving documents’’ has been substituted for
internal rules of agency organization, ‘‘certificates of identification,
■ 2. Table 1 of Appendix B to part 300 procedure, and practice. These changes certificates of service, certificates of
is amended by removing the entry for will have no substantive effect on the efficiency, and continuous discharge
the ‘‘T. H. Agriculture & Nutrition Co.’’ public; therefore, it is unnecessary and books’’ because the Coast Guard no
site in Fresno, Fresno County, impractical to publish an NPRM. longer issues the latter documents.
California. These technical and organizational
Background and Purpose
changes do not change any substantive
[FR Doc. E6–13745 Filed 8–18–06; 8:45 am] Mariner credentialing functions are requirements of existing regulations.
BILLING CODE 6560–50–P currently performed at the Regional Further, this amendment will have no
Examination Centers (RECs). The Coast effect on any Coast Guard regulatory
Guard is authorizing the Commanding projects or policy initiatives, including
DEPARTMENT OF HOMELAND Officer, National Maritime Center Merchant Marine Credentials, Docket
SECURITY (NMC) to perform these functions in No. USCG–2006–24371, Transportation
addition to the Officers in Charge, Worker Identification Credential, Docket
Coast Guard Marine Inspection (OCMIs). This is the Nos. USCG–2006–24196 and TSA–
first step in an incremental restructuring 2006–24191, Validation of Merchant
46 CFR Parts 1, 5, 10, 12 and 13 and centralization plan that will Mariners’ Vital Information and
[USCG–2006–25535] eventually streamline the RECs and Issuance of Coast Guard Merchant
bring them under the authority of the Mariner’s Documents, Docket No.
RIN 1625–ZA09 NMC. During implementation of this USCG–2003–14500, and Validation of
Mariner Licensing and Documentation plan, some REC credentialing functions Merchant Mariners’ Vital Information
Program Restructuring and will be gradually transferred to the and Issuance of Coast Guard Merchant
Centralization NMC, and some OCMIs will continue to Mariners’ Licenses and Certificates of
have authority to issue credentials. Registry, Docket No. USCG–2004–
AGENCY: Coast Guard, DHS. When the restructuring and 17455.
ACTION: Technical amendment. centralization is complete, the Coast
Guard will notify the public in the Regulatory Evaluation
SUMMARY: This technical amendment Federal Register that the NMC will This amendment is not a significant
authorizes the Commanding Officer, make decisions on applications and regulatory action under section 3(f) of
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National Maritime Center, to perform authorize the issuance of mariner Executive Order 12866, Regulatory
certain mariner credentialing functions credentials. The NMC will also be the Planning and Review, and does not
in addition to Officers in Charge, Marine central location for mariner records and require an assessment of potential costs
Inspection, who currently perform those a processing point for associated fees. and benefits under section 6(a)(3) of that
functions. At the end of a transitional RECs will remain open and continue to Order. The Office of Management and

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Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Rules and Regulations 48481

Budget (OMB) has not reviewed it under have taking implications under of materials, performance, design, or
that Order. We expect the economic Executive Order 12630, Governmental operation; test methods; sampling
impact of this rule to be so minimal that Actions and Interference with procedures; and related management
a full Regulatory evaluation is Constitutionally Protected Property systems practices) that are developed or
necessary. Because this amendment Rights. adopted by voluntary consensus
only authorizes the NMC to perform standards bodies.
Civil Justice Reform This amendment does not use
mariner credentialing functions and
reorganizes the administrative appellate This rule meets applicable standards technical standards. Therefore, we did
procedure, it will not impose any costs in sections 3(a) and 3(b)(2) of Executive not consider the use of voluntary
on the public. Order 12988, Civil Justice Reform, to consensus standards.
minimize litigation, eliminate
Small Entities Environment
ambiguity, and reduce burden.
Under the Regulatory Flexibility Act We have analyzed this rule under
Protection of Children Commandant Instruction M16475.lD,
(5 U.S.C. 601–612), we have considered
whether this amendment would have a We have analyzed this amendment which guides the Coast Guard in
significant economic impact on a under Executive Order 13045, complying with the National
substantial number of small entities. Protection of Children from Environmental Policy Act of 1969
The term ‘‘small entities’’ comprises Environmental Health Risks and Safety (NEPA) (42 U.S.C. 4321–4370f), and
small businesses, not-for-profit Risks. This amendment is not an have concluded that there are no factors
organizations that are independently economically significant rule and does in this case that would limit the use of
owned and operated and are not not concern an environmental risk to a categorical exclusion under section
dominant in their fields, and health or safety that may 2.B.2 of the Instruction. Therefore, this
governmental jurisdictions with disproportionately affect children. rule is categorically excluded, under
populations of less than 50,000. figure 2–1, paragraph (34)(b), of the
Indian Tribal Governments Instruction from further environmental
It is not expected that this amendment
will have a significant economic impact This amendment does not have tribal documentation. Paragraph (34)(b)
on any small entities. Therefore, the implications under Executive Order excludes regulatory actions concerning
Coast Guard certifies under 5 U.S.C. 13175, Consultation and Coordination internal agency functions or
605(b) that this technical amendment with Indian Tribal Governments, organization, such as delegation of
will not have a significant economic because it does not have a substantial authority. Under figure 2–1, paragraph
impact on a substantial number of small direct effect on one or more Indian (34)(b), of the Instruction, an
entities. tribes, on the relationship between the Environmental Analysis Check List and
Federal Government and Indian tribes, a Categorical Exclusion Determination
Collection of Information or on the distribution of power and are not required for this technical
This amendment calls for no new responsibilities between the Federal amendment.
collection of information under the Government and Indian tribes. List of Subjects
Paperwork Reduction Act of 1995 (44 Energy Effects
U.S.C. 3501–3520). 46 CFR Part 1
We have analyzed this rule under Administrative practice and
Federalism Executive Order 13211, Actions procedure, Organization and functions
A rule has implications for federalism Concerning Regulations That (Government agencies), Reporting and
under Executive Order 13132, Significantly Affect Energy Supply, recordkeeping requirements.
Federalism, if it has a substantial direct Distribution, or Use. We have
effect on State or local governments and determined that it is not a ‘‘significant 46 CFR Part 5
would either preempt State law or energy action’’ under that Order because Administrative practice and
impose a substantial direct cost of it is not a ‘‘significant regulatory action’’ procedure, Alcohol abuse, Drug abuse,
compliance on them. We have analyzed under Executive Order 12866 and is not Investigations, Seamen.
this amendment under that Order and likely to have a significant adverse effect
on the supply, distribution, or use of 46 CFR Part 10
have determined that it does not have
implications for federalism. energy. The Administrator of the Office Penalties, Reporting and
of Information and Regulatory Affairs recordkeeping requirements, Schools,
Unfunded Mandates Reform Act has not designated it as a significant Seamen.
The Unfunded Mandates Reform Act energy action. Therefore, it does not 46 CFR Part 12
of 1995 (2 U.S.C. 1531–1538) requires require a Statement of Energy Effects
Federal agencies to assess the effects of under Executive Order 13211. Penalties, Reporting and
their discretionary regulatory actions. In recordkeeping requirements, Seamen.
Technical Standards
particular, the Act addresses actions 46 CFR Part 13
that may result in the expenditure by a The National Technology Transfer
and Advancement Act (NTTAA) (15 Cargo vessels, Reporting and
State, local, or tribal government, in the
U.S.C. 272 note) directs agencies to use recordkeeping requirements, Seamen.
aggregate, or by the private sector of
voluntary consensus standards in their ■ For the reasons set forth in the
$100,000,000 or more in any one year.
Though this amendment will not result regulatory activities unless the agency preamble, the Coast Guard amends 46
in such an expenditure, we do discuss provides Congress, through the Office of CFR parts 1, 5, 10, 12 and 13 as follows:
the effects of this amendment elsewhere Management and Budget, with an
PART 1—ORGANIZATION, GENERAL
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in this preamble. explanation of why using these


COURSE AND METHODS GOVERNING
standards would be inconsistent with
Taking of Private Property MARINE SAFETY FUNCTIONS
applicable law or otherwise impractical.
This amendment will not affect a Voluntary consensus standards are ■ 1. The authority citation for 46 CFR
taking of private property or otherwise technical standards (e.g., specifications part 1 continues to read as follows:

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48482 Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Rules and Regulations

Authority: 5 U.S.C. 552; 14 U.S.C. 633; 46 (4) Commandant (G–PSE), for appeals Authority: 14 U.S.C. 633; 31 U.S.C. 9701;
U.S.C. 7701; 46 U.S.C. Chapter 93; Pub. L. involving the recognition of a 46 U.S.C. 2101, 2103, and 2110; 46 U.S.C.
107–296, 116 Stat. 2135; Department of classification society; or chapter 71; 46 U.S.C. 7502, 7505, 7701, and
Homeland Security Delegation No. 0170.1; 8906; Executive Order 10173; Department of
* * * * * Homeland Security Delegation No. 0170.1.
§ 1.01–35 also issued under the authority of ■ 4. Revise § 1.03–45 to read as follows: Section 10.107 is also issued under the
44 U.S.C. 3507.
§ 1.03–45 Appeals from decisions or authority of 44 U.S.C. 3507.
■ 2. In § 1.01–15, revise the section actions of the National Maritime Center. ■ 9. In 46 CFR 10.103 revise the
heading, remove the NOTE following Any person directly affected by a definition of Officer in Charge, Marine
paragraph (b), re-designate paragraph (c) decision or action of an officer or Inspection (OCMI) to read as follows:
as paragraph (d), revise newly employee of the National Maritime
redesignated paragraph (d), and add a Center (NMC) involving any of the § 10.103 Definitions of terms used in this
new paragraph (c) to read as follows: part.
marine safety functions listed in § 1.01–
15(c) of this subpart may, after * * * * *
§ 1.01–15 Organization; Districts; National requesting reconsideration of the Officer in Charge, Marine Inspection
Maritime Center. (OCMI) for the purposes of part 10
decision or action by the NMC, make a
* * * * * formal appeal of that decision or action, means the officer or individual so
(c) The Commanding Officer of the via the NMC, to the Director of designated at one of the Regional
National Maritime Center has been Inspection and Compliance, Examination Centers, or any person so
designated and delegated to give Commandant (G–PC), in accordance designated by the Commandant.
direction to Coast Guard activities with the procedures contained in * * * * *
relating to marine safety functions § 1.03–15 of this subpart. The decision ■ 11. Revise 46 CFR 10.105(a) to read as
consisting of the licensing, of the Director of Inspection and follows:
credentialing, certificating, shipment Compliance, Commandant (G–PC), on
§ 10.105 Applications.
and discharge of seamen; referring to the such an appeal will constitute final
agency action. (a) Applicants for merchant mariner’s
processing of Regional Examination
documents, licenses, certificates or
Center (REC) or cognizant OCMI
PART 5—MARINE INVESTIGATION credentials may apply to the Coast
violations of law, negligence,
REGULATIONS—PERSONNEL ACTION Guard National Maritime Center or any
misconduct, unskillfulness,
of the Regional Examination Centers.
incompetence or misbehavior of persons ■ 5. The authority citation for 46 CFR Applicants may contact the National
applying for or holding merchant part 5 continues to read as follows: Maritime Center at 4200 Wilson
mariner’s documents, licenses,
Authority: 46 U.S.C. 2103, 7101, 7301, Boulevard, Suite 630, Arlington,
certificates or credentials issued by the 7701; Department of Homeland Security Virginia 22203–1804, or by telephone at
Coast Guard; suspension or withdrawal Delegation No. 0170.1. 202–493–1002. A list of Regional
of course approvals; and recommending Examination Locations is available
■ 6. In Subpart B—Definitions, add new
possible suspension or revocation under through the Coast Guard Web site at
46 CFR 5.11 to read as follows:
46 U.S.C. Chapter 77 of licenses, http://www.uscg.mil.
credentials, certificates and merchant § 5.11 Officer in Charge, Marine
mariner’s documents. Applicants for Inspection.
* * * * *
merchant mariner’s documents, Officer in Charge, Marine Inspection PART 12—CERTIFICATION OF
licenses, certificates or credentials may (OCMI) for the purposes of part 5 means SEAMEN
apply to the Coast Guard National the officer or individual so designated at
Maritime Center or any of the Regional one of the Regional Examination ■ 12. The authority citation for part 12
Examination Centers. Applicants may Centers, or any person so designated by continues to read as follows:
contact the National Maritime Center at the Commandant. Authority: 31 U.S.C. 9701; 46 U.S.C. 2101,
4200 Wilson Boulevard, Suite 630, ■ 7. Revise 46 CFR 5.15 to read as 2103, 2110, 7301, 7302, 7503, 7505, 7701;
Arlington, Virginia 22203–1804, or by follows: Department of Homeland Security Delegation
telephone at 202–493–1002. A list of No. 0170.1.
Regional Examination Locations is § 5.15 Investigating Officer.
An investigating officer is a Coast ■ 13. Amend 46 CFR 12.01–6 to add, in
available through the Coast Guard Web
site at http://www.uscg.mil. Guard official designated by the alphabetical order, the following
Commandant, a District Commander, or definition:
(d) For descriptions of Coast Guard the Officer in Charge, Marine
districts and marine inspection zones, § 12.01–6 Definitions of terms used in this
Inspection, for the purpose of part.
see 33 CFR part 3. conducting investigations of marine
■ 3. Revise § 1.03–15(h)(3) and (h)(4) to
* * * * *
casualties or matters pertaining to the
read as follows: Officer in Charge, Marine Inspection
conduct of persons applying for or
(OCMI) for the purposes of part 12
holding merchant mariner’s documents,
§ 1.03–15 General. means the officer or individual so
licenses, certificates or credentials
* * * * * designated at one of the Regional
issued by the Coast Guard. An Officer in
Examination Centers, or any person so
(h) * * * Charge, Marine Inspection is an
designated by the Commandant.
investigating officer without further
(3) Commandant (G–PC), for all * * * * *
designation.
appeals involving suspension or ■ 14. Revise 46 CFR 12.01–7 to read as
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withdrawal of course approvals, and all PART 10—LICENSING OF MARITIME follows:


marine personnel issues that are PERSONNEL
appealed from the National Maritime § 12.01–7 Where to apply.
Center or from an OCMI through a ■ 8. The authority citation for 46 CFR Applicants for licenses or certification
District Commander; part 10 continues to read as follows: may apply to the Coast Guard National

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Federal Register / Vol. 71, No. 161 / Monday, August 21, 2006 / Rules and Regulations 48483

Maritime Center or any of the Regional Atmospheric Administration (NOAA), DEPARTMENT OF COMMERCE
Examination Centers. Applicants may Commerce.
contact the National Maritime Center at National Oceanic and Atmospheric
4200 Wilson Boulevard, Suite 630, ACTION: Correction to a final rule. Administration
Arlington, Virginia 22203–1804, or by
telephone at 202–493–1002. A list of SUMMARY: This document contains a 50 CFR Part 679
Regional Examination Locations is correction to the final regulations which
were published Wednesday, August 9, [Docket No. 060216045–6045–01; I.D.
available through the Coast Guard Web 081506A]
site at http://www.uscg.mil. 2006. Those regulations established a
■ 15. Revise § 12.02–3(a) to read as number of requirements to improve Fisheries of the Exclusive Economic
follows: enforceability and monitoring in the reef Zone Off Alaska; Reallocation of
fish fishery in the Gulf of Mexico. Pollock in the Bering Sea and Aleutian
§ 12.02–3 Where documents are issued.
DATES: The corrected effective date for Islands
(a) Merchant mariner’s documents
may be issued to qualified applicants at regulations concerning §§ 622.4(h)(1) AGENCY: National Marine Fisheries
the National Maritime Center or at any and 635.4(m)(1) published August 9, Service (NMFS), National Oceanic and
Regional Examination Center during 2006, at 71 FR 45428 is October 1, 2006. Atmospheric Administration (NOAA),
usual business hours. FOR FURTHER INFORMATION CONTACT: Rod Commerce.
* * * * * Dalton, telephone 727–824–5305; fax ACTION: Temporary rule; reallocation.
727–824–5308; e-mail SUMMARY: NMFS is reallocating the
PART 13—CERTIFICATION OF Rod.Dalton@noaa.gov.
TANKERMEN projected unused amounts of
SUPPLEMENTARY INFORMATION: Community Development Quota (CDQ)
■ 16. The authority citation for part 13 and non-CDQ pollock from the Aleutian
continues to read as follows: Background Islands subarea to the Bering Sea
Authority: 46 U.S.C. 3703, 7317, 8105, subarea and Bering Sea subarea pollock
The final regulations that are the from the incidental catch allowance to
8703, 9102; Department of Homeland
Security Delegation No. 0170.1.
subject of this correction were the directed fisheries. These actions are
published Wednesday, August 9, 2006, necessary to provide opportunity for
■ 17. In 46 CFR 13.103, revise the (71 FR 45428), [Docket No. 060425111– harvest of the 2006 total allowable catch
definition of Officer in Charge, Marine 6205–02]. The final regulations (TAC) of pollock, consistent with the
Inspection (OCMI) to read as follows: established measures to improve goals and objectives of the Fishery
§ 13.103 Definitions. enforceability and monitoring of the reef Management Plan for Groundfish of the
* * * * * fish fishery in the Gulf of Mexico and Bering Sea and Aleutian Islands
Officer in Charge, Marine Inspection to reduce mortality of incidentally Management Area (FMP).
(OCMI) for the purposes of part 13 caught sea turtles and smalltooth DATES: Effective August 16, 2006,
means the officer or individual so sawfish. through 2400 hrs, Alaska local time
designated at one of the Regional Need for Correction (A.l.t.), December 31, 2006.
Examination Centers, or any person so FOR FURTHER INFORMATION CONTACT: Josh
designated by the Commandant. As published, the final regulations Keaton, 907–586–7228.
* * * * * contain an error in the DATES caption SUPPLEMENTARY INFORMATION: NMFS
Dated: August 11, 2006. regarding the effective date for manages the groundfish fishery in the
Steve Venckus,
§§ 622.4(h)(1) and 635.4(m)(1) and BSAI according to the FMP prepared by
requires correction. the North Pacific Fishery Management
Chief, Office of Regulations and
Administrative Law, Office of the Judge Council under authority of the
Correction
Advocate General, U.S. Coast Guard. Magnuson-Stevens Fishery
[FR Doc. E6–13532 Filed 8–18–06; 8:45 am] Accordingly, the final rule, published Conservation and Management Act.
BILLING CODE 4910–15–P on August 9, 2006, at 71 FR 45428, is Regulations governing fishing by U.S.
corrected as follows: vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
On page 45428, in column 2, in the and 50 CFR part 679.
DEPARTMENT OF COMMERCE last line of the ‘‘DATES’’ caption, In the Aleutian Islands subarea, the
‘‘September 1, 2006.’’ is corrected to 2006 TAC of non-CDQ pollock is 9,500
National Oceanic and Atmospheric read as ‘‘October 1, 2006.’’ metric tons (mt) and the CDQ pollock is
Administration
Dated: August 15, 2006. 1,140 mt as established by the 2006 and
Samuel D. Rauch III, 2007 final harvest specifications for
50 CFR Parts 622 and 635
groundfish in the BSAI (71 FR 10894,
Deputy Assistant Administrator for
[Docket No. 060425111–6205–02; I.D. Regulatory Programs, National Marine March 3, 2006) and the reallocation on
041906B] Fisheries Service. March 3, 2006 (71 FR 11541, March 8,
[FR Doc. E6–13781 Filed 8–18–06; 8:45 am]
2006).
RIN 0648–AN09 As of August 10, 2006, the
BILLING CODE 3510–22–S
Fisheries of the Caribbean, Gulf of Administrator, Alaska Region, NMFS,
Mexico, and South Atlantic; Reef Fish (Regional Administrator) has
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Fishery of the Gulf of Mexico; determined that the following amounts


Amendment 18A; Correction of pollock in the Aleutian Islands
subarea will not be harvested: 4,000 mt
AGENCY: National Marine Fisheries of non-CDQ pollock and 1,140 mt of
Service (NMFS), National Oceanic and CDQ pollock. Therefore, in accordance

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