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.
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
Gerald.P.Miante@uscg.mil. 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
Gerald.P.Miante@uscg.mil. 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