80 FR 65165 - Offshore Supply Vessels, Towing Vessel, and Barge Engine Rating Watches
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 80, Issue 206 (October 26, 2015)
Coast Guard
Federal Register Volume 80, Issue 206 (October 26, 2015)
| Page Range | 65165-65168 | |
| FR Document | 2015-27062 |
[Federal Register Volume 80, Number 206 (Monday, October 26, 2015)] [Rules and Regulations] [Pages 65165-65168] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27062] [[Page 65165]] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 Davis.J.Breyer@uscg.mil, 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 [[Page 65166]] 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. --------------------------------------------------------------------------- \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. --------------------------------------------------------------------------- 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. [[Page 65167]] 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 Davis.J.Breyer@uscg.mil, 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 [[Page 65168]] 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
![Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations 65165
DEPARTMENT OF HOMELAND INFORMATION CONTACT section of this less than 600 miles to be divided into
SECURITY document for alternate instructions. at least two watches. Previously, only
Documents mentioned in this notice, officers and other deck crew members
Coast Guard and all public comments, are in our on those vessels were divided into two
online docket at http:// watches.
46 CFR Part 15 www.regulations.gov and can be viewed 46 CFR 10.107 and 10.232(h)(2)
by following that Web site’s provide in the definition of ‘‘Day’’ that
[Docket No. USCG–2015–0758]
instructions. All comments received ‘‘[o]n vessels authorized by 46 U.S.C.
RIN 1625–AC25 will be posted without change to 8104 and 46 CFR 15.705 to operate a
http://www.regulations.gov and will two-watch system, a 12-hour working
Offshore Supply Vessels, Towing include any personal information you day may be creditable as 11⁄2 days of
Vessel, and Barge Engine Rating have provided. For more about privacy service.’’ Regulations at 46 CFR
Watches and the docket, you may review a 15.705(c)(1), however, still do not
Privacy Act notice regarding the Federal authorize mariners affected by sec. 316
AGENCY: Coast Guard, DHS. to be divided into two watches. In order
Docket Management System in the
ACTION: Direct final rule. March 24, 2005, issue of the Federal to align the regulations with the
Register (70 FR 15086). amended statute, this direct final rule
SUMMARY: This direct final rule amends
revises 46 CFR 15.705(c)(1) by deleting
the Coast Guard’s merchant mariner II. Abbreviations the clause ‘‘(except the coal passers,
manning regulations to align them with firemen, oilers, and water tenders)’’.
CFR Code of Federal Regulations
statutory changes made by the Howard DHS Department of Homeland Security Similarly, sec. 316 also updated 46
Coble Coast Guard and Maritime FR Federal Register U.S.C. 8104(d) by deleting the words
Transportation Act of 2014. The Act NPRM Notice of proposed rulemaking ‘‘coal passers, firemen, . . . and
allows oilers serving on certain offshore OMB Office of Management and Budget watertenders.’’ The changes related to
support vessels, towing vessels, and QMED Qualified Member of the Engine those terms simplify the statute. To
barges to be divided into at least two Department
RFA Regulatory Flexibility Act
update the corresponding regulations
watches. This change increases the sea and align them with the revised statute,
service credit affected mariners are The Secretary The Secretary of Homeland
Security this rule also makes similar changes to
permitted to earn for each 12-hour Sec. 316 Section 316 of the Howard Coble 46 CFR 15.705(b).
period of work from one day to one and Coast Guard and Maritime Transportation This rule makes existing regulations
a half days. Act of 2014 consistent with the statute and clarifies
DATES: This direct final rule will be U.S.C. United States Code the sea service credit of maritime
effective January 25, 2016 unless the III. Basis and Purpose personnel on affected vessels, which
Coast Guard receives adverse comment have for many years operated on a two-
by December 28, 2015. If an adverse A. Basis watch system, both on deck and in the
comment is received, the Coast Guard The changes to 46 CFR 15.705 made engine room. Specifically, the revised
will publish a timely withdrawal of the by this rule are required by 46 U.S.C. regulations make clear that typical sea
direct final rule in the Federal Register 8104 as amended by Sec. 316 of the service credit for upgrades toward
informing the public the rule will not Howard Coble Coast Guard and engineering licenses for oilers is 11⁄2
take effect. Maritime Transportation Act of 2014 days for each 12-hour period worked, as
ADDRESSES: You may submit comments (Pub. L. 113–281, December 18, 2014). it is for personnel aboard the same
identified by docket number USCG– Under Title 46 of the United States vessels working toward deck licenses
2015–0758 using the Federal Code, Sec. 2103, the Secretary of and upgrades. The effect of these
eRulemaking Portal at http:// Homeland Security (the Secretary) has changes is that all qualified members of
www.regulations.gov. See the general authority over the merchant the engine department on covered
‘‘Comments’’ portion of the marine of the United States and vessels are permitted to divide into two
SUPPLEMENTARY INFORMATION section for merchant marine personnel. The watches, and will be given proper credit
further instructions on submitting Secretary delegated the authority for for 12 hours of work in accordance with
comments. determining minimum manning the amended statute.
standards to the Commandant of the Revision of our regulations without
FOR FURTHER INFORMATION CONTACT: If delay is necessary because
Coast Guard in Department of
you have questions on this rule, email misalignment between the amended
Homeland Security Delegation No.
or call Mr. Davis Breyer, Marine statute and the corresponding
0170.1, paragraph 92.
Personnel Qualifications Division (CG– regulations causes confusion, and delay
OES–1), Coast Guard; email B. Purpose could have a negative impact on the sea
Davis.J.Breyer@uscg.mil, telephone The purpose of this rule is to conform service credit and career advancement
(202) 372–1445. regulations to the amended statute and of oilers on affected vessels.
SUPPLEMENTARY INFORMATION: clarify that oilers on covered vessels are Additionally, the Coast Guard must
I. Comments entitled to receive an equitable amount conform its regulations to the revised
of sea service credit. statute, and is exercising no discretion
If you submit a comment, please in doing so because this rule will only
asabaliauskas on DSK5VPTVN1PROD with RULES
include the docket number for this IV. Discussion of the Rule
mirror amended statutory language. For
rulemaking, indicate the specific section The Howard Coble Coast Guard and these reasons, the rule is expected to be
of this document to which each Maritime Transportation Act of 2014, uncontroversial, and adverse comment
comment applies, and provide a reason sec. 316, amended 46 U.S.C. 8104(g)(1) is unlikely.
for each suggestion or recommendation. by allowing coal passers, firemen, oilers,
If your material cannot be submitted and water tenders serving on offshore V. Direct Final Rule
using http://www.regulations.gov, supply vessels, towing vessels, and A direct final rule is appropriate
contact the person in the FOR FURTHER barges engaged in seagoing voyages of when a rule is noncontroversial and
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![65166 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations
unlikely to result in adverse public emphasizes the importance of advancement of affected mariners due to
comment. The Coast Guard considered quantifying both costs and benefits, of confusion caused by conflicting
publishing a notice of proposed reducing costs, of harmonizing rules, statutory and regulatory provisions.
rulemaking, but is pursuing a direct and of promoting flexibility. This direct This rule will not result in a change to
final rule because it will better serve the final rule has not been designated a the Coast Guard’s budget and it will not
regulated mariners and industry by ‘‘significant regulatory action’’, under increase federal spending.
correcting the misalignment between section 3(f) of Executive Order 12866.
Benefits
the regulations and statue more quickly. Accordingly, the direct final rule has
If no adverse comment is received by not been reviewed by the Office of The direct final rule aligns Coast
December 28, 2015, this rule will Management and Budget (OMB). A Guard regulations with the amended
become effective as stated in the DATES regulatory assessment of the direct final statute and clarifies that affected
section.1 In that case, we will publish a rule follows. mariners are entitled to benefits allowed
document in the Federal Register This direct final rule conforms Coast by 46 CFR 10.107 and 10.232(h)(2). The
stating that no adverse comment was Guard regulations to sec. 316, which primary benefit of this rule is to reduce
received and confirming that this rule eliminated the exception of engine confusion and clarify that affected
will become effective as scheduled. ratings originally found within 46 mariners are allowed to receive 11⁄2 days
However, if we receive an adverse U.S.C. 8104(g)(1). Sec. 316 amended 46 sea service credit for working 12-hour
comment, we will publish a document U.S.C. 8104(g)(1) to allow coal passers, shifts on a two watch schedule that can
in the Federal Register announcing the firemen, oilers, and water tenders be utilized for career advancement and
withdrawal of all or part of this direct serving on certain offshore support renewal. Additionally, by making the
final rule. If an adverse comment vessels, towing vessels, and barges to be accrual of sea service credit comparable
applies only to part of this rule (e.g., to divided into at least two watches. In to other mariners serving on the same
an amendment, a paragraph, or a order to align the regulations with the vessels, vessel owners will have greater
section) and it is possible to remove that amended statute, this rule will revise 46 assurance of having a steady supply of
part without defeating the purpose of CFR 15.705(b) by deleting the words mariners with higher ratings that are
this rule, we may adopt, as final, those ‘‘coal passers, firemen, . . . and water required to operate offshore supply
parts of this rule on which no adverse tenders,’’ and 46 CFR 15.705(c)(1) by vessels.
comment was received. We will deleting the words ‘‘except the coal Alternatives
withdraw the part of this rule that was passers, firemen, oilers, and water
tenders.’’ The Coast Guard considered four
the subject of an adverse comment. If we alternatives for this direct final rule:
decide to proceed with a rulemaking Affected Population • Alternative 1: No action
following receipt of an adverse The changes in 46 CFR 15.705(c)(1) • Alternative 2: Delayed Action
comment, we will publish a separate clarify that the sea service credit • Alternative 3: Develop Policy
notice of proposed rulemaking (NPRM) afforded to all qualified members of the The no-action alternative (Alternative
and provide a new opportunity for engine department, on certain offshore 1) would cause confusion because it
comment. A comment is considered support vessels, towing vessels and would leave regulations in place that
‘‘adverse’’ if the comment explains why barges is consistent with revised 46 contradict the new statute. Therefore,
this rule or a part of this rule would be U.S.C. 8104(g)(1). The National the Coast Guard rejected this alternative.
inappropriate, including a challenge to Maritime Center of the Coast Guard The Coast Guard rejected the delayed-
its underlying premise or approach, or identified approximately 18,721 such action alternative (Alternative 2) for the
would be ineffective or unacceptable mariners holding valid licenses as of the same reason. The misalignment between
without a change. end of 2014. This figure constitutes the 46 U.S.C. 8104 and the corresponding
VI. Regulatory Analyses total number of mariners that this rule regulations is causing confusion among
could affect and includes valid licenses mariners, and there is no discernible
The Coast Guard developed this direct
for Unlicensed Engine Ratings and advantage in delay.
final rule after considering numerous The develop policy alternative
QMED with a variety of job
statutes and executive orders related to (Alternative 3) could grant the affected
descriptions. Before the statute was
this rulemaking. Below, the Coast Guard engine ratings the same sea service
amended, these unlicensed mariners
summarizes its analyses based on these credit as the officers and deck ratings
could not be divided into two watches
statutes or executive orders. aboard the affected vessels. The Coast
to work 12-hour shifts and, therefore,
A. Regulatory Planning and Review could not receive 11⁄2-day sea service Guard rejected this alternative, however,
credit for 12 hours of work that licensed because policy properly provides either:
Executive Orders 12866 (‘‘Regulatory
mariners both on deck and in the engine guidance about accepted methods for
Planning and Review’’) and 13563
room are allowed. The changes in 46 meeting regulations; or short term
(‘‘Improving Regulation and Regulatory
CFR 15.705(b) align with revised 46 solutions, within the limits of existing
Review’’) direct agencies to assess the
U.S.C. 8104(d) by removing the coal regulations, to provide relief until
costs and benefits of available regulatory
passer, fireman, and watertender amended regulations can be
alternatives and, if regulation is
exceptions to simplify the statute and promulgated.
necessary, to select regulatory In this case, the time and effort
approaches that maximize net benefits regulations.
required by the Coast Guard to develop
(including potential economic,
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Costs and publish relevant policy would equal
environmental, public health and safety This direct final rule will result in no or exceed that expected to amend the
effects, distributive impacts, and adverse impacts or costs to the industry regulation with a direct final rule. In
equity). Executive Order 13563 and affected mariners. On the contrary, addition, after publishing the policy, the
1 33 CFR 1.05–55 provides that a direct final rule
the industry is urging speedy revision of regulation would still require
effective date is ‘‘generally at least 90 days after the
our regulations because delaying this amendment to be consistent with the
date of publication’’ and ‘‘[t]he public will usually rule would have a negative impact on statute. Therefore, the Coast Guard
be given at least 60 days’’ to submit comments. the sea service credit and career rejected this alternative.
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![65168 Federal Register / Vol. 80, No. 206 / Monday, October 26, 2015 / Rules and Regulations
not designated it as a significant energy M. Environment PART 15—MANNING REQUIREMENTS
action. Therefore, it does not require a The Coast Guard has analyzed this
Statement of Energy Effects under rule under DHS Management Directive ■ 1. The authority citation for part 15
Executive Order 13211. 023–01 and Commandant Instruction continues to read as follows:
L. Technical Standards M16475.lD, which guide the Coast Authority: 46 U.S.C. 2101, 2103, 3306,
Guard in complying with the National 3703, 8101, 8102, 8104, 8105, 8301, 8304,
The National Technology Transfer Environmental Policy Act of 1969 8502, 8503, 8701, 8702, 8901, 8902, 8903,
and Advancement Act (NTTAA) (15 (NEPA) (42 U.S.C. 4321–4370f), and has 8904, 8905(b), 8906, 9102, and 8103; sec.
U.S.C. 272 note) directs agencies to use concluded that this action is one of a 617, Pub. L. 111–281, 124 Stat. 2905; and
voluntary consensus standards in their category of actions that do not Department of Homeland Security Delegation
regulatory activities unless the agency individually or cumulatively have a No. 0170.1.
provides Congress, through the OMB, significant effect on the human
environment. This rule is categorically § 15.705 Watches.
with an explanation of why using these
excluded under section 2.B.2, figure 2– 2. Amend § 15.705 as follows:
standards would be inconsistent with ■
1, paragraph (34) (a) and (c) of the
applicable law or otherwise impractical. Instruction. This rule involves ■ a. In paragraph (b), remove the words
Voluntary consensus standards are procedural changes and the licensing of ‘‘, coal passers, firemen, oilers, and
technical standards (e.g., specifications mariners under sec. 316. An watertenders’’ and add in their place the
of materials, performance, design, or environmental analysis checklist and a words ‘‘, and oilers’’; and
operation; test methods; sampling categorical exclusion determination are ■ b. In paragraph (c)(1) introductory
procedures; and related management available in the docket where indicated text, remove the words ‘‘(except the coal
systems practices) that are developed or under ADDRESSES. passers, firemen, oilers, and
adopted by voluntary consensus watertenders)’’.
List of Subjects in 46 CFR Part 15
standards bodies.
Reporting and recordkeeping J.G. Lantz,
This rule does not use technical
requirements, Seamen, Vessels. Director, Commercial Regulations and
standards. Therefore, the Coast Guard
For the reasons discussed in the Standards, U.S. Coast Guard.
did not consider the use of voluntary
preamble, the Coast Guard amends 46 [FR Doc. 2015–27062 Filed 10–23–15; 8:45 am]
consensus standards.
CFR part 15 as follows: BILLING CODE 9110–04–P
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Document Created: 2018-02-27 08:55:59
Document Modified: 2018-02-27 08:55:59
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule. | |
| 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. | |
| 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. | |
| FR Citation | 80 FR 65165 | |
| RIN Number | 1625-AC25 | |
| CFR Associated | Reporting and Recordkeeping Requirements; Seamen and Vessels |
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